Agricultural and Food Supply Chain Act 2023

Agricultural and Food Supply Chain Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Agricultural and Food Supply Chain Act 2023 Agricultural and Food Supply Chain Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 19 of 2023 AGRICULTURAL AND FOOD SUPPLY CHAIN ACT 2023 CONTENTS PART 1 Preliminary and General Section 1. Short title 2. Commencement 3. Definitions 4. Regulations and orders 5. Expenses 6. Application of Act PART 2 The Regulator Chapter 1 Establishment 7. Establishment day 8. Establishment 9. Status 10. Corporate capacity Chapter 2 Functions 11. Fairness and transparency in supply chain 12. Information and engagement 13. Compliance with unfair trading law 14. Enforcement of unfair trading law 15. Guidelines 16. Review of codes 17. Information and advice 19. Transfer of functions to regulator 20. Ancillary powers Chapter 3 Governance 21. Membership 22. Remuneration and terms of appointment 23. Term of office 24. Members of regulator: disqualification, resignation and removal 25. Vacancies 26. Chairperson Chapter 4 Proceedings 27. Meetings of regulator 28. Committees 29. Delegation of functions 30. Disclosure of interests 31. Conflict of interest 32. Indemnity Chapter 5 Chief executive 33. Appointment 34. Functions and status Chapter 6 Attendance before committees 35. Attendance before Public Accounts Committee 36. Attendance before other Oireachtas Committees Chapter 7 Staff 37. Appointment of staff 38. Transfer of staff to regulator Chapter 8 Planning and reporting 39. Strategy statement 40. Work programme 41. Annual report 42. Complaints and investigations report 43. Decisions reports 44. Other reports and information Chapter 9 Finance 45. Advances by Minister 46. Payments into Central Fund, disposal of fines 47. Accounts and audits 48. Annual estimate 49. Power to impose levies 50. Surpluses and deficiencies Chapter 10 Information 51. Prohibited disclosures Chapter 11 Membership of other bodies 52. Members of regulator 53. Chief executive 54. Staff of regulator PART 3 Unfair Trading Practices Chapter 1 Scope and application 55. Scope of Part 56. Application of Part Chapter 2 Agricultural Unfair Trading Regulations 57. Power to make regulations 58. Agri-Food Unfair Trading Regulations: prohibited payments 59. Agri-Food Unfair Trading Regulations: changes of supply terms 60. Agri-Food Unfair Trading Regulations: contracts 61. Agri-Food Unfair Trading Regulations: supply conditions 62. Agri-Food Unfair Trading Regulations: commercial malpractice 63. Agri-Food Unfair Trading Regulations: compliance requirements 64. Agri-Food Unfair Trading Regulations: exemptions 65. Agri-Food Unfair Trading Regulations: ancillary provisions Chapter 3 Enforcement relating to unfair trading practices 66. Offence of unfair trading practice and penalties 67. Complaints to regulator 68. Complaints: fees 69. Investigations by regulator 70. Alternative dispute resolution PART 4 Enforcement Chapter 1 Authorised officers 71. Appointment 72. Tenure 73. Warrant Chapter 2 Powers of authorised officers 74. Power to enter premises to inspect records 75. Power to enter premises to investigate offence 76. Inspection powers 77. Supplementary powers 78. Compliance notice 79. Obstruction and false statements Chapter 3 Enforcement and supplementary regulations 80. Enforcement and supplementary regulations, offences and penalties Chapter 4 Criminal proceedings 81. Time limit for instituting summary proceedings 82. Liability for offences by bodies corporate 83. Fines and penalties 84. Convicted persons liable for costs 85. Proceedings instituted by regulator 86. Fixed payment notice Acts Referred to Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 (No. 19) Civil Service Regulation Acts 1956 to 2005 Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) European Communities Act 1972 (No. 27) European Communities Act 2007 (No. 18) European Parliament Elections Act 1997 (No. 2) Industrial and Provident Societies Act 1893 (56 & 57 Vict., c. 39) Local Government Act 2001 (No. 37) Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 (No. 20) Parent’s Leave and Benefit Act 2019 (No. 35) Parental Leave Acts 1998 to 2019 Paternity Leave and Benefit Act 2016 (No. 11) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Redundancy Payments Acts 1967 to 2022 Terms of Employment (Information) Acts 1994 to 2014 Unfair Dismissals Acts 1977 to 2015 Number 19 of 2023 AGRICULTURAL AND FOOD SUPPLY CHAIN ACT 2023 An Act to give further effect to Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 20191 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain; to establish a body to be known as An Rialálaí Agraibhia and to define its functions (including price and market analysis and reporting, and enforcement); to prohibit unfair trading practices in business‑to‑ business relationships in the agricultural and food supply chain; to confer on the Minister for Agriculture, Food and the Marine the power to make regulations about unfair trading practices in the agricultural and food supply sector and connected matters (including enforcement); and to provide for related matters. [11thJuly, 2023] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title 1. This Act may be cited as the Agricultural and Food Supply Chain Act 2023. Commencement 2. This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions. Definitions 3. In this Act— “Act of 2014” means the Companies Act 2014 ; “agricultural and food products” has the meaning given by section 6 ; “agricultural and food sector” means the industrial sector consisting of businesses dealing in or relating to agricultural and food products (including primary producers); “agricultural and food supply chain” means the supply chain relating to agricultural and food products; “agri-food unfair trading law” means provisions of or under this Act, or of European Union legislation, about business-to-business unfair trading practices in the agricultural and food sector; “authorised officer” means a person appointed under section 71 ; “business-to-business” means matters arising between businesses; “buyer” means any natural or legal person (or group of persons) irrespective of their place of establishment, and any public authority in the European Union, who buys agricultural and food products; “chairperson” has the meaning given by section 21 ; “chief executive” means the chief executive officer of the regulator appointed under section 33 ; “compliance notice” has the meaning given by section 78 ; “Directive” means Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 20192 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain; “enforcement function” has the meaning given by section 14 (7); “establishment day” means the day appointed under section 7 ; “Minister” means the Minister for Agriculture, Food and the Marine; “perishable” has the meaning given by section 59 (2); “premises” includes land, buildings (including dwellings) and any structure (temporary or permanent) on land; “public authority” means any national, regional or local authority (or association of those authorities) and any body governed by public law (or group of those bodies); “record” includes all or any part of a written record or anything storing or conveying information (including data and images) by mechanical, electronic or any other means, and includes a copy of a record; “regulator” means An Rialálaí Agraibhia established under section 8 ; “sell” includes offer, expose or keep for sale, invite an offer to buy, distribute, barter or exchange (and references to sale are to be construed accordingly); “supplier” means any agricultural producer or any natural or legal person who sells agricultural and food products irrespective of their place of establishment (including groups, organisations and representative associations of those persons); “supply trade organisations” means organisations of producers or suppliers, and associations of those organisations; “unfair trading practice” has the meaning given by section 57 (2)(b). Regulations and orders 4. (1) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (2) Regulations and orders under this Act may— (a) make provision that applies generally or only in specified cases or circumstances, and (b) make different provision for different cases or circumstances. (3) Every order and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (4) Subsection (3) does not apply to— (a) an order under section 2 , (b) an order under section 7 , or (c) regulations under section 49 . Expenses 5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of money provided by the Oireachtas. Application of Act 6. (1) The provisions of this Act apply in relation to agricultural and food products. (2) In this Act “agricultural and food products” means— (a) products listed in Annex I to the Treaty on the Functioning of the European Union, (b) other products processed for use as food using products listed in that Annex, and (c) any other product (which may, in particular, include non-food items used in processing, packaging or other operations) specified by the Minister by regulations under section 80 (2)(f). (3) This section is subject to section 56 (which limits the application of Part 3 ). PART 2 The Regulator Chapter 1 Establishment Establishment day 7. The Minister shall by order appoint a day as the establishment day. Establishment 8. There shall stand established on the establishment day a body which shall be known as An Rialálaí Agraibhia (in this Act referred to as the “regulator”). Status 9. The regulator shall be independent in the performance of its functions. Corporate capacity 10. (1) The regulator shall— (a) be a body corporate with perpetual succession and an official seal, (b) have power to sue, and may be sued, in its corporate name, and (c) have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property, but the power under this paragraph may be exercised only with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform. (2) The regulator shall have a seal and may authorise any of the following to authenticate the official seal by signature: (a) the chairperson; (b) any other member of the regulator; (c) the chief executive; (d) any other member of staff of the regulator. (3) Judicial notice shall be taken of the seal of the regulator and an instrument that purports— (a) to be an instrument made by the regulator, and (b) to be sealed and authenticated in accordance with this section, shall be received in evidence and deemed to be a sealed and authenticated instrument without further proof, unless the contrary is shown. (4) Any contract or instrument, which if entered into or executed by a person not being a body corporate would not require to be under seal, may be entered into or executed on behalf of the regulator by a person authorised (generally or specially) in that behalf by the regulator. Chapter 2 Functions Fairness and transparency in supply chain 11. (1) The regulator shall promote fairness and transparency in the agricultural and food supply chain. (2) In exercising its function under this section the regulator shall have regard to the circumstances and needs of the agricultural and food sector including, in particular— (a) farming businesses, (b) fishing businesses, and (c) small food businesses. Information and engagement 12. (1) The regulator shall publish analysis of information about price and market data relating to the agricultural and food supply chain in the State. (2) In particular, the regulator shall— (a) collect, analyse and regularly publish reports on price and market data relating to the agricultural and food supply chain, and generally in relation to the agricultural and food sector in the State, and (b) publish regular analysis and reports on contingency issues in regard to the agricultural and food supply chain. (3) In pursuance of its duties under this section the regulator may, in particular— (a) conduct and commission research and surveys, (b) publish findings and reports, (c) consider matters outside the State (including price and market data) in so far as they are or may be relevant to the situation in the State, and (d) seek from businesses within the agricultural and food supply chain any data impacting upon price and margins considered necessary, including— (i) prices paid and received, (ii) margin, (iii) financial and accounting data, (iv) throughput of agricultural produce, (v) data in relation to policy and procedure, (vi) employment status, and (vii) salary. (4) Data referenced under paragraph (d) of subsection (3) may be in paper or electronic form, held by a business involved in the agricultural and food supply chain, or otherwise on their behalf. (5) The regulator shall comply with any request by the Minister to study or analyse, and report on, any specified matter relating to the agricultural and food supply chain. (6) The regulator may, of its own initiative, conduct or commission a study or analysis of any matter relating to the agricultural and food supply chain, and publish findings and recommendations. (7) Where the regulator believes that data relating to a business obtained under paragraph (d) of subsection (3) is or is likely to be of a commercially sensitive nature and is not in the public domain, the regulator shall not publish the data without the consent of the business (notwithstanding section 51 ). Compliance with unfair trading law 13. (1) The regulator shall be responsible for enhancing understanding of and compliance with agri-food unfair trading law. (2) In pursuance of its responsibilities under subsection (1) the regulator shall, in particular— (a) encourage fairness and transparency in the agricultural and food supply chain, (b) promote fairness in trading practices through engagement and consultation with stakeholders, (c) publish notices and guidelines containing practical guidance on compliance with agri-food unfair trading law and related matters, (d) promote public awareness through public information campaigns about agri-food unfair trading law and related matters, and (e) consult and cooperate with other authorities (whether in the State or elsewhere) with responsibility for the promotion of trading fairness and transparency (whether in relation to the agricultural and food sector or otherwise). Enforcement of unfair trading law 14. (1) The regulator shall be responsible for enforcing agri-food unfair trading law. (2) In pursuance of its responsibilities under subsection (1) the regulator shall, in particular— (a) carry out inspections, including unannounced inspections, of buyers and suppliers, (b) investigate suspected breaches of agri-food unfair trading law, (c) promote, where appropriate, the use of alternative dispute resolution procedures as a means of resolving disputes between buyers and suppliers, (d) bring proceedings for offences under this Act, and (e) refer cases to the Director of Public Prosecutions where the regulator believes that an indictable offence under this Act has been committed. (3) Without prejudice to the generality of subsection (1), where the regulator finds that a buyer has contravened a provision of Agri-Food Unfair Trading Regulations, it shall use its powers under this Act to require the buyer to bring the prohibited contravention to an end. (4) The regulator— (a) is hereby designated as the enforcement authority in accordance with Article 4 of the Directive (designated enforcement authorities), and (b) shall take any action the regulator considers necessary for the purpose of fulfilling its functions as the enforcement authority. (5) In accordance with subsection (4), the regulator shall cooperate with the European Commission and any other enforcement authorities in accordance with Article 8 of the Directive (cooperation amongst enforcement authorities), and, in particular, the regulator shall— (a) provide other enforcement authorities with mutual assistance in cross-border investigations, (b) participate in the annual meetings of enforcement authorities convened in accordance with Article 8(2) of the Directive and take action for the implementation of recommendations adopted in accordance with that Article, (c) assist the Minister with the preparation of reports for the purposes of Article 10(2) of the Directive (reporting), and (d) assist the Minister in complying with requests for additional information in accordance with Article 12(3) of the Directive (evaluation). (6) In performing its functions under this section the regulator shall cooperate with other authorities (whether in the State or elsewhere) with responsibility for the enforcement of laws relating to supplier protection and the promotion of fairness and transparency in the agricultural and food supply chain. (7) A reference in this Act to an “enforcement function” is a reference to a function under this section. Guidelines 15. (1) The regulator may, for the purpose of protecting supplier interests, publish guidelines for buyers about— (a) supplier protection, and (b) trading practices, whether generally or in a particular trade, business or professional sector. (2) Before publishing guidelines the regulator may consult on draft guidelines. (3) Guidelines under this section are admissible in evidence in any proceedings before a court and may be taken into account in determining any question. (4) A failure on the part of a person to observe guidelines under this section shall not, of itself, render that person liable to any proceedings. Review of codes 16. (1) A person representing one or more buyers may submit a code of practice to the regulator for review. (2) A code shall be submitted in the form and manner specified by the regulator. (3) A person submitting a code of practice for review shall provide the regulator with any information the regulator considers necessary or appropriate. (4) The regulator may comment on a code of practice submitted under this section. (5) The fact that the regulator does, or does not, comment on a code of practice submitted under this section implies neither approval nor disapproval of the code, and shall not be taken to inhibit the regulator in performing any function (including exercising any power) under this Act. (6) A code of practice issued by one or more buyers (whether or not submitted for review under this section) is admissible in evidence in any proceedings before a court and may be taken into account in determining any question in respect of the persons issuing the code. Information and advice 17. (1) The regulator shall be responsible for providing information and advice to the Minister about— (a) the agricultural and food sector, and (b) agri-food unfair trading law. (2) In particular, the regulator shall comply with any request of the Minister for advice on any matter which, in the opinion of the Minister, is likely to affect— (a) fairness and transparency in the agricultural and food supply chain, (b) the agricultural and food sector, or (c) any other matter relating to the functions of the regulator. (3) A request under subsection (2) may require the regulator to— (a) undertake or commission research and analysis, and (b) report and make recommendations in relation to policy matters or proposals for legislative change. (4) The regulator shall report to the Minister within 12 months of its establishment date as to its ability to acquire data under section 12 (3)(d), and make any appropriate recommendation so as to ensure the regulator is empowered to access or seize such data it requires to meet its obligations. (5) The regulator may also advise the Minister, and do anything mentioned in subsection (3), on its own initiative. (6) In the performance of its functions under this section the regulator may identify and comment on constraints imposed by any enactment or administrative practice on the efficient operation of the agricultural and food supply chain in the economy of the State. Consideration of legislation 18. (1) The Minister may consult the regulator regarding proposals for legislation relating to any aspect of fairness and transparency in the agricultural and food supply chain. (2) The regulator shall keep under review, and comply with any request of the Minister to review, the operation of— (a) regulations under this Act, and (b) other statutory provisions which relate to or affect fairness and transparency in the agricultural and food supply chain. (3) The regulator shall— (a) make recommendations to the Minister, or another responsible Minister, for changing those regulations and provisions, and (b) comply with any request of the Minister to assist in the preparation of draft legislation. (4) Before making recommendations under this section the regulator shall consult— (a) such persons as it considers appropriate, and (b) any persons specified for that purpose by the Minister. Transfer of functions to regulator 19. (1) The functions vested in the Minister by the European Union (Unfair Trading Practices in the agricultural and food supply chain) Regulations 2021 ( S.I. No. 198 of 2021 ) are transferred to the regulator on the establishment day (together with any rights, liabilities, administration and business in connection with those functions). (2) In so far as necessary or appropriate in connection with the transfer under subsection (1)— (a) on and after the establishment day, references to the Minister in any Act or instrument are to be read as being or including references to the regulator, (b) anything commenced before the establishment day by the Minister may be continued on or after that day by the regulator, (c) where legal proceedings, to or in which the Minister is party or prosecutor, are pending immediately before the establishment day, on and after that day the name of the regulator shall be taken to be substituted for that of the Minister (and the proceedings shall not abate by reason of the substitution), (d) any bond, guarantee or other security of a continuing nature made or given by or to the Minister that is in force immediately before the establishment day, and every contract or agreement made between the Minister and any person that is in force immediately before the establishment day, shall continue in force on and after that day and shall be construed and have effect as if the name of the regulator was substituted for the Minister, and (e) any document granted or made by the Minister in the exercise of a function before the establishment day shall continue in force on and after that day as if it had been granted or made by the regulator (and shall be construed and have effect accordingly). (3) Rights and liabilities transferred to the regulator by this section may, on or after the establishment day, be sued on, recovered or enforced by or against the regulator in its own name and it shall not be necessary for the regulator to give notice of the transfer to a person whose right or liability is transferred by this section. Ancillary powers 20. (1) The regulator may do anything it considers necessary or appropriate for the purposes of, or in connection with, its functions. (2) In particular, the regulator may— (a) enter into contracts, (b) establish committees, (c) procure specialist advice and assistance, (d) consult with suppliers, buyers, consumers and other persons who the regulator considers could assist in the performance of its functions, and (e) issue codes of practice and guidelines. (3) The regulator may, for the purposes of providing premises necessary for the performance of its functions, lease, equip and maintain offices and premises, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform. Chapter 3 Governance Membership 21. (1) The regulator shall consist of— (a) a member (in this Act referred to as the “chairperson”) designated by the Minister to chair the regulator, and (b) seven ordinary members, of whom at least three shall be persons appearing to the Minister to be primary producers. (2) The first members of the regulator shall be appointed by the Minister as soon as practicable after the establishment day. (3) The Minister shall make subsequent appointments to the regulator as necessary to supply vacancies. (4) The Minister shall appoint persons as members of the regulator who appear to the Minister to have experience of, and to have shown capacity in, matters relevant to the regulator’s functions. (5) The Minister shall aim to appoint an equal number of men and women as members of the regulator (subject to subsection (4)). Remuneration and terms of appointment 22. (1) The regulator shall pay to its members such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine. (2) A member of the regulator shall hold office on such other terms and conditions as the Minister may determine (subject to the other provisions of this Part). Term of office 23. (1) A member of the regulator shall hold office for a period of up to 5 years from the date of appointment, as the Minister shall determine (subject to subsections (2) and (3) and section 24 ). (2) A member of the regulator shall not hold office for more than 2 terms (whether or not consecutive). (3) A member of the regulator whose term of office expires by the effluxion of time shall be eligible for re-appointment. Members of regulator: disqualification, resignation and removal 24. (1) A person shall not be qualified for office as a member of the regulator, and shall cease to hold office as a member, if the person— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is convicted of an indictable offence in relation to a company, (d) is convicted of an offence involving fraud or dishonesty, (e) has a conflict of interest (actual or potential) of such significance that, in the opinion of the Minister, the member should cease to hold office, (f) is subject to a declaration under section 819 of the Act of 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (g) is subject or deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act. (2) A member of the regulator may, by letter addressed to the Minister, resign membership of the regulator and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Minister, whichever is the later. (3) The Minister may, by written notice, remove a member of the regulator from office if in the Minister’s opinion— (a) the member concerned has committed stated misbehaviour, (b) the removal is necessary for the effective performance of the functions of the regulator, or (c) the member concerned is otherwise unable, unfit or unsuitable to exercise the functions. Vacancies 25. (1) The validity of the proceedings or actions of the regulator is not affected by any vacancy or irregularity in its membership. (2) Where a member of the regulator— (a) dies, (b) resigns, (c) retires, (d) becomes disqualified or otherwise ceases to hold office as a member, or (e) is removed from office as a member, the Minister shall fill the vacancy as soon as is reasonably practicable. Chairperson 26. (1) The chairperson shall chair the regulator. (2) The chairperson shall chair the regulator, including meetings of the regulator, for a period of 5 years from the date of designation, subject to subsection (5). (3) A person shall cease to be chairperson on ceasing to be a member of the regulator. (4) The chairperson may, by letter addressed to the Minister, resign as chairperson and the resignation shall (unless previously withdrawn in writing) take effect at the commencement of the meeting of the regulator next held after the Minister informs the regulator of the resignation. (5) The Minister may revoke a member’s designation as chairperson. (6) A person who ceases to be the chairperson shall be eligible for reappointment as chairperson if reappointed as a member of the regulator. (7) The Minister may provide for an interim or temporary chairperson where a vacancy arises. Chapter 4 Proceedings Meetings of regulator 27. (1) The regulator shall determine its own procedures, subject to this section. (2) The Minister shall, in consultation with the chairperson, fix the date, time and place for the first meeting of the regulator. (3) At a meeting of the regulator— (a) the quorum shall be 5, (b) where the chairperson of the regulator is not present, or the office of chairperson is vacant, the members present shall choose one of their number to chair the meeting, (c) each member of the regulator present shall have a vote, (d) a question on which a vote is required shall be determined by a majority of votes of the members of the regulator present and voting on the question, subject to paragraph (e), and (e) if there is a tied vote, the chairperson of the meeting shall have a second or casting vote. Committees 28. (1) The regulator may establish committees— (a) to assist and advise the regulator, and (b) to perform such functions of the regulator as it may delegate to a committee, other than an enforcement function. (2) A committee shall consist of the following members, who shall be appointed by the regulator: (a) a chairperson; (b) such number of ordinary members as may be determined by the regulator; and may include (but shall not consist entirely of) persons who are not members or staff of the regulator. (3) When appointing members of a committee, the regulator shall— (a) have regard to the range of qualifications and experience necessary for the discharge of the functions of the committee, (b) as far as practicable, aim to appoint an equal number of men and women, (c) fix each member’s period of membership of the committee, and (d) fix the terms of each member’s membership of the committee. (4) The regulator shall pay to a member of a committee such allowances and expenses as the regulator, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine. (5) The regulator may— (a) remove a member of a committee from the committee, and (b) dissolve a committee. (6) A committee may— (a) decide its own procedure and business, subject to any direction of the regulator, and (b) act notwithstanding a vacancy in its membership. Delegation of functions 29. (1) The regulator may delegate the performance of any of its functions, other than an enforcement function, to— (a) a member of the regulator, (b) a member of staff of the regulator (including the chief executive), or (c) a committee. (2) The regulator shall delegate the performance of its enforcement functions to the chief executive. (3) The chief executive may sub-delegate an enforcement function to a member of staff of the regulator. (4) The regulator shall make arrangements to ensure that the chief executive or another member of staff to whom an enforcement function of the regulator is delegated under this section is independent in the performance of that function. Disclosure of interests 30. (1) This section applies where a person specified in subsection (2) has an interest in connection with a regulator matter. (2) Those persons are— (a) a member of the regulator, (b) a member of a committee of the regulator, (c) the chief executive, (d) another member of staff of the regulator, and (e) any person engaged by the regulator (whether as authorised officer, consultant, adviser or otherwise). (3) Where this section applies, the person who has the interest in connection with a regulator matter— (a) shall (subject to subsection (6)) disclose the nature of the interest to the regulator in advance of any consideration of the matter (and, in the case of a person listed in subsection (2)(a) to (c), disclosure shall be made at a meeting of the regulator and the particulars shall be recorded in the minutes of the meeting), (b) may neither influence nor seek to influence a decision relating to the matter, (c) may not take part in any consideration of the matter (and is not to be counted in the quorum for the meeting in respect of that consideration), and (d) in the case of a person listed in subsection (2)(a) to (c), shall withdraw from any meeting while the matter is being discussed or considered. (4) A person is to be treated as having an interest in connection with a regulator matter if the person, or a person connected to the person— (a) is a member of a company or other body which has an interest in connection with the matter, (b) is in partnership with or in the employment of a person who has an interest in connection with the matter, or (c) is a party to any arrangement or agreement (whether or not enforceable) concerning property to which the matter relates. (5) For the purposes of this section— (a) one person is “connected” with another if the first person is— (i) a relative of the second person, or (ii) a nominee of the second person or of a relative of the second person, and (b) “relative” means spouse, civil partner, partner, parent, brother, sister, child or spouse, civil partner or partner of a child. (6) For the purposes of this section no account is to be taken of an interest in respect of a regulator matter if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in respect of the matter. (7) Where a question arises as to whether a course of conduct by a person listed in subsection (2)(a) to (c) would contravene subsection (3)— (a) the regulator shall determine the question at a meeting, and (b) particulars of the determination shall be recorded in the minutes of the meeting at which it is made. (8) Where the Minister is satisfied that a member of the regulator has contravened subsection (3)— (a) the Minister may remove the member from office, and (b) the person is from that time disqualified from being a member of the regulator, the chief executive, a member of the regulator staff or engaged by or on behalf of the regulator in any capacity. (9) Where a person other than a member of the regulator contravenes subsection (3), the regulator, in consultation with the Minister, shall decide the appropriate action to be taken in relation to the person (which may include terminating a contract). (10) In this section— “interest” means any financial, property or other beneficial interest; “regulator matter” means a matter which is to be considered by the regulator or is relevant to the performance of its functions. Conflict of interest 31. In performing its functions the regulator shall aim to avoid giving rise to the perception of any conflict of interest (whether in relation to its enforcement responsibilities or otherwise). Indemnity 32. (1) The regulator may indemnify a person against actions and claims of any kind in respect of the performance of functions as— (a) a member of the regulator, (b) a member of a committee of the regulator, (c) chief executive or other member of staff, (d) a person providing services to the regulator, or (e) an authorised officer. (2) Subsection (1) applies only where the regulator is satisfied that the person has performed the functions in good faith. (3) The regulator may from time to time determine the manner, extent, terms and conditions of any indemnity under this section, in consultation with the Minister. Chapter 5 Chief executive Appointment 33. (1) The regulator shall, with the approval of the Minister, appoint a chief executive officer of the regulator (the “chief executive”) who shall be responsible to the regulator for the performance of the chief executive’s functions and the implementation of the regulator’s policies. (2) The regulator may remove the chief executive with the approval of the Minister and shall state its reasons for doing so in writing. (3) The chief executive shall upon appointment be a civil servant (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in the Civil Service of the State (subject to subsections (1) and (2)). (4) Where a competition to appoint the first chief executive is held prior to the establishment day, the Minister may appoint the successful candidate as the chief executive designate and that person shall— (a) if holding that office immediately before the establishment day, become the chief executive on the establishment day, and (b) continue as chief executive until the regulator appoints another chief executive under subsection (1). (5) The chief executive shall— (a) hold office— (i) under a written contract of service for a period specified in the contract (which contract may be renewed), and (ii) on terms and conditions (including those relating to term of office, remuneration and superannuation) specified in the contract, as determined from time to time by the regulator with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and (b) be paid by the regulator. (6) The chief executive shall not— (a) hold or occupy any paid position or office or carry on any business without the consent of the regulator and the approval of the Minister, or (b) for 12 months after leaving office, hold or occupy any position, office or consultancy in which information acquired in the performance of the chief executive’s functions is likely to be relevant or useful, other than a position or office in the Civil Service or a public authority, or acting as a consultant to the regulator or a Minister of the Government. Functions and status 34. (1) The chief executive shall— (a) manage the staff and business of the regulator, (b) advise and make proposals to the regulator about its functions, (c) at the request of the regulator, provide it with information, including financial information, about the chief executive’s functions, and (d) perform any other functions conferred by the regulator. (2) The chief executive may do anything the chief executive considers necessary or appropriate for the purposes of the functions of the chief executive. (3) The functions of the chief executive may— (a) be delegated to other members of staff of the regulator, and (b) be performed in the chief executive’s absence or, where the office is vacant, by a member of staff designated by the regulator for that purpose. (4) Where a member of staff of the regulator is designated under subsection (3)(b)— (a) the member of staff may do anything necessary or appropriate for the purposes of the performance of the chief executive’s functions, and (b) a reference in this Act to the chief executive includes a reference to the member of staff. (5) The chief executive— (a) is subject to the control of the members of the regulator, and (b) shall, in particular, comply with any directions given by the members with respect to the carrying out of the chief executive’s functions (subject to section 29 (4)). Chapter 6 Attendance before committees Attendance before Public Accounts Committee 35. (1) The chief executive shall comply with any requirement of the Public Accounts Committee to give evidence to it about— (a) the regularity of the regulator’s accounts, (b) the economy of the regulator in the use of its resources, (c) systems, procedures and practices used by the regulator to evaluate its effectiveness, or (d) any matter affecting the regulator referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (2) In this section and section 36 , “Public Accounts Committee” means the committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General. Attendance before other Oireachtas Committees 36. (1) Subject to subsection (2), the chief executive or chairperson shall, at the written request of an Oireachtas Committee, attend before it to give an account of the general administration of the regulator. (2) The chief executive or chairperson is not required to give an account before an Oireachtas Committee of any matter relating to the general administration of the regulator that is, or is likely to be, the subject of proceedings before a court or tribunal in the State. (3) The chief executive or chairperson shall, if of the opinion that subsection (2) applies to a matter about which that officer is requested to give an account before an Oireachtas Committee, inform the Committee of that opinion and the reasons for the opinion. (4) The information required under subsection (3) to be given to the Oireachtas Committee must be given in writing unless it is given when the chief executive or chairperson, as the case may be, is before the Committee. (5) If, on being informed of the opinion of the chief executive or chairperson about the matter, the Oireachtas Committee decides not to withdraw its request, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter. (6) An application for a determination under subsection (5) may be made in a summary manner to the High Court by— (a) the chief executive or chairperson, as the case may be, not later than 21 days after being informed by the Oireachtas Committee of its decision not to withdraw its request, or (b) the chairperson of the Oireachtas Committee acting on its behalf. (7) Pending the determination of an application under subsection (6), the chief executive or chairperson, as the case may be, shall not attend before the Oireachtas Committee to give an account of the matter to which the application relates. (8) If the High Court determines that subsection (2) applies to the matter, the Oireachtas Committee shall withdraw its request relating to the matter, but if the High Court determines that subsection (2) does not apply, the chief executive or chairperson, as the case may be, shall attend before the Committee to give an account of the matter. (9) In carrying out duties under this section, the chief executive or chairperson shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy. (10) With the permission of the chairperson of the Oireachtas Committee making the request under subsection (1), either— (a) the chairperson, or (b) a member of staff of the regulator nominated by the chief executive, may attend before the Committee in place of the chief executive to give an account of the general administration of the regulator, and in that case a reference in subsections (2) to (9) to the chief executive is to be read as a reference to the person attending in the chief executive’s place. (11) In this section, “Oireachtas Committee” means— (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Public Accounts Committee, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), including the Select Committee on Agriculture, Food and the Marine, or (b) a subcommittee of a committee as defined in paragraph (a). Chapter 7 Staff Appointment of staff 37. (1) The regulator may appoint staff. (2) A member of staff shall upon appointment be a civil servant (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in the Civil Service of the State. (3) Appointments shall be made— (a) with the approval of the Minister, and (b) with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, if that Minister requires. (4) Subject to subsection (3), the regulator shall, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine— (a) how many staff to appoint, (b) the grades of staff and the numbers at each grade, and (c) terms and conditions of service. (5) Terms of service as to remuneration and allowances to be paid by the regulator are subject to— (a) the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and (b) section 38 . Transfer of staff to regulator 38. (1) The Minister may comply with a request of the chief executive, made within the period of 24 months beginning with the establishment day, to transfer to the regulator the employment of a person employed in a Department of State or by a public authority. (2) A transfer— (a) is to be made by direction in writing, and (b) may be made only with the consent of the person to be transferred. (3) The chief executive may make a request under subsection (1) only with the concurrence of the regulator. (4) The conditions of employment of a person whose employment is transferred under this section are to be no less favourable than those applicable to the person immediately before the transfer, except in so far as a collective agreement negotiated with a recognised trade union or staff association of which the person is a member expressly provides otherwise. (5) If any dispute arises between a person whose employment is transferred under this section and the regulator as to the conditions of employment applicable to the person immediately before the transfer, the Minister shall determine the dispute. (6) If a person’s employment is transferred under this section, the person’s previous service with a Department of State or public authority is to be counted as service for the purposes of the following Acts of the Oireachtas: (a) the Redundancy Payments Acts 1967 to 2022; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (e) the Unfair Dismissals Acts 1977 to 2015; (f) the Terms of Employment (Information) Acts 1994 to 2014; (g) the Organisation of Working Time Act 1997 ; (h) the Parental Leave Acts 1998 to 2019; (i) the Carer’s Leave Act 2001 ; (j) the Maternity Protection Acts 1994 and 2004; (k) the Adoptive Leave Acts 1995 and 2005; (l) the Paternity Leave and Benefit Act 2016 ; (m) the Parent’s Leave and Benefit Act 2019 . (7) In this section, “recognised trade union or staff association” means a trade union or staff association recognised by the regulator for the purposes of negotiations which are concerned with the remuneration or conditions of employment or the working conditions of employees. Chapter 8 Planning and reporting Strategy statement 39. (1) The regulator shall prepare and submit to the Minister a strategy statement for each 3 year period, beginning with the establishment day. (2) A strategy statement shall— (a) specify the key objectives, outputs and related strategies (including the use of resources) of the regulator, (b) specify the manner in which the regulator proposes to assess its performance in respect of those objectives, taking account of relevant performance indicators (financial and non-financial), (c) include a review of the outcomes and effectiveness of the preceding strategy statement (except for the first statement), and (d) include any other matters that the Minister may from time to time direct. (3) A strategy statement shall be prepared in the form and manner that the Minister may from time to time direct. (4) In preparing a strategy statement the regulator— (a) shall have regard to the need to ensure the most beneficial, effective and efficient use of its resources, and (b) may consult such persons as it considers appropriate. (5) The strategy statement in respect of the first 3 year period shall be submitted as soon as practicable after the establishment day. (6) The strategy statement for each subsequent 3 year period shall be submitted at least 3 months before the beginning of the period. (7) As soon as practicable after receiving a strategy statement the Minister shall cause a copy to be laid before each House of the Oireachtas. (8) The regulator shall arrange for the publication of a strategy statement as soon as practicable after submitting it. Work programme 40. (1) The regulator shall prepare and submit to the Minister a work programme relating to the discharge of its functions in respect of each financial year. (2) A work programme shall include— (a) the objectives of the regulator for that year, having regard to the strategy statement, (b) the strategy of the regulator for achieving the objectives, (c) the priorities of the regulator for the year, having regard to the objectives and its available resources, and (d) any other matters that the Minister may from time to time specify by direction or guidelines under this section. (3) The work programme in respect of the first financial year shall be submitted as soon as practicable after the establishment day. (4) The work programme in respect of each subsequent financial year shall be submitted at least 2 months before the beginning of the year. (5) The Minister may issue directions or guidelines to the regulator about the preparation of the work programme. (6) The regulator shall— (a) comply with any directions issued under subsection (5), and (b) prepare work programmes in accordance with any guidelines issued under that subsection. Annual report 41. (1) The regulator shall provide a report in writing to the Minister about its activities during each financial year (the “annual report”). (2) An annual report shall— (a) include— (i) the regulator’s recommendations to the Minister for legislation relating to any aspect of fairness and transparency in the agricultural and food supply chain, including any recommendations made to the Minister regarding its own functions, or proposed or requested powers or functions, (ii) information regarding the remuneration of the chief executive, and (iii) such other information as the Minister may direct, and (b) be made in such form as the Minister may direct. (3) An annual report shall be submitted to the Minister— (a) as soon as practicable after the end of the financial year to which it relates, and (b) in any event, not later than 6 months after the end of that year. (4) As soon as practicable after receiving an annual report the Minister shall cause a copy to be laid before each House of the Oireachtas. (5) The regulator shall arrange for the publication of an annual report as soon as practicable after it is laid under subsection (4). Complaints and investigations report 42. (1) The regulator shall publish a report in respect of each financial year (the “complaints and investigations report”) specifying— (a) the number of complaints received during the year, (b) the number of investigations opened during the year, and (c) the number of investigations closed during the year. (2) In respect of each closed investigation the complaints and investigations report shall summarise (subject to the confidentiality provisions of section 67 )— (a) the nature of the complaint, (b) the outcome of the investigation, and (c) any decision taken. (3) The complaints and investigations report may be published as part of an annual report or separately. Decisions reports 43. (1) The regulator may publish details of its decisions— (a) prohibiting unfair trading practices, (b) requiring a buyer to cease a prohibited trading practice, or (c) imposing, or initiating proceedings for the imposition of— (i) fines, (ii) other penalties, and (iii) interim measures. (2) Details published under this section— (a) may be referred to as decision reports, and (b) may be published as part of an annual report or a complaints and investigations report, or separately. Other reports and information 44. (1) In addition to annual reports, complaints and investigations reports and decision reports, the regulator— (a) may make other reports to the Minister about its functions, and (b) shall comply with any request of the Minister to make other reports. (2) In addition to the information provided in reports, the regulator shall comply with any request of the Minister to— (a) provide information relating to its functions, or (b) give advice on any matter relating to its functions. Chapter 9 Finance Advances by Minister 45. The Minister may advance to the regulator out of money provided by the Oireachtas such amounts as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine for the purposes of expenditure by the regulator in the performance of its functions. Payments into Central Fund, disposal of fines 46. (1) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, direct the regulator to pay into the Central Fund or the growing produce thereof, a sum specified by the Minister as representing the amount by which the gross income received by the regulator in a financial year exceeds the gross expenditure incurred in its administration in that year. (2) Fines paid to, or recovered by, the regulator under section 66 , section 80 or section 83 shall be disposed of by it in such manner as the Minister for Public Expenditure, National Development Plan Delivery and Reform, with the consent of the Minister for Finance, directs. Accounts and audits 47. (1) The regulator shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister. (2) The regulator shall provide the Minister with any information that the Minister requires in relation to the estimates (including proposals and future plans for the performance of the regulator’s functions). (3) The regulator shall keep all proper and usual books or other records of account (“accounts”) of— (a) money received or expended by the regulator, and (b) all property, assets and liabilities of the regulator. (4) The accounts shall— (a) include an income and expenditure account and a balance sheet, (b) include any special accounts the Minister may direct, and (c) be kept in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (5) The chief executive and other staff of the regulator shall— (a) comply with any request of the Minister to permit a person appointed by the Minister to examine the accounts, (b) facilitate any examination, and (c) pay such fee as may be fixed by the Minister. (6) The accounts in respect of each financial year shall be signed by the chief executive and submitted to the Comptroller and Auditor General for audit— (a) as soon as practicable, and (b) in any event, not later than 3 months after the end of the financial year. (7) A copy of the accounts together with a copy of the report of the Comptroller and Auditor General shall be presented by the regulator to the Minister as soon as reasonably practicable. (8) The Minister shall cause copies of the accounts and report to be laid before each House of the Oireachtas— (a) as soon as practicable, and (b) in any event, not later than 3 months after receipt. Annual estimate 48. At least one month before the start of each financial year the regulator shall prepare, and submit to the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, a statement of the expenditure expected to be required during the financial year for the purposes of the discharge of the regulator’s functions. Power to impose levies 49. (1) The regulator may make regulations prescribing levies to be paid by persons who are subject to obligations as buyers under the Agri-Food Unfair Trading Regulations. (2) Levies under subsection (1) shall be designed to relate only to costs incurred by the regulator in performing functions relating to unfair trading practices. (3) Regulations under subsection (1) may be made only with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform. (4) Regulations under subsection (1) may provide for, in particular— (a) activities or other matters in respect of which a specified levy is payable, (b) the persons, or classes of persons, who are required to pay a specified levy, which may include— (i) retail, wholesale, co-operative, food manufacturing, food processing and food service businesses, (ii) businesses relating to horticulture, cereals, oils, fishing, aquaculture, …