The Food Irradiation (Wales) Regulations 2009

Consideration of the application

2.  The Agency may grant a licence where it is satisfied that—

(a)the facility specified in the application satisfies the requirements of the Code of Practice;

(b)each food described in the application falls within a permitted category;

(c)there is a reasonable technological need;

(d)the irradiation would present no health hazard and would be carried out under the conditions described in the application;

(e)the irradiation would be of benefit to the consumer;

(f)the irradiation would not be used as a substitute for hygiene and health practices or for good manufacturing or agricultural practice;

(g)the purposes of irradiation are only—

(i)to reduce the incidence of food-borne disease by destroying pathogenic organisms;

(ii)to reduce spoilage of foodstuffs by retarding or arresting decay processes and destroying spoilage organisms;

(iii)to reduce loss of foodstuffs by premature ripening, germination or sprouting; or

(iv)to rid foodstuffs of organisms harmful to plants or plant products;

(h)where the purposes of irradiation include reducing the incidence of food-borne disease by destroying pathogenic organisms, the applicant will use microbiological criteria in deciding whether to irradiate food;

(i)there is no significant risk that the applicant may irradiate food which for microbiological reasons cannot comply with food safety requirements, or cannot comply without being irradiated;

(j)every method specified under paragraph 1(f)(ii) of this Part is adequate to enable the applicant to ensure that the food is in a suitably wholesome state before irradiation;

(k)the overall average dose specified under paragraph 1(f)(iii) of this Part in relation to each description of food is consistent with each purpose specified in respect of that description of food under paragraph 1(f)(i);

(l)the method and standard specified under paragraph 1(f)(iv) of this Part—

(i)comply with Schedule 1; and

(ii)eliminate any significant risk that the overall average dose, measured by that method, will deviate significantly from the overall average dose as defined under paragraph 1 of Schedule 1;

(m)the factors specified under paragraph 1(f) eliminate any significant risk that food, irradiated in any packaging specified under paragraph 1(f)(v), and at any temperature specified under paragraph 1(f)(vi), will fail to comply with food safety requirements; and

(n)the practices and qualifications specified in the statement under paragraph 1(h) are adequate for ensuring that the requirements of these Regulations and any conditions of the licence will not be breached.