Food Safety Authority of Ireland Act, 1998

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PART I

Preliminary Section

Section 1

Short title.

Section 2

Interpretation.

Section 3

Establishment day.

Section 4

Laying of orders and regulations before Houses of Oireachtas.

Section 5

Amendment of Schedules.

Section 6

Prosecution of summary offences.

Section 7

Offences by bodies corporate.

Section 8

Expenses of Minister.

PART II

The Food Safety Authority of Ireland

Section 9

Establishment of Authority.

Section 10

Independence of Authority.

Section 11

Principal function of Authority.

Section 12

Promotion of standards.

Section 13

Food safety assurance schemes.

Section 14

Consultative Council.

Section 15

Advice of Authority.

Section 16

Collection and assessment of data.

Section 17

Review of food inspection services.

Section 18

Research by Authority.

Section 19

Certification of food.

Section 20

Conferral of additional functions on Authority.

Section 21

Charges for services.

Section 22

Gifts.

Section 23

Borrowings by Authority.

Section 24

Advances by Minister to Authority.

Section 25

Reports and information to Minister.

Section 26

Accounts and audits.

Section 27

Premises of Authority.

Section 28

Seal of Authority.

Section 29

Consultants and advisers.

Section 30

Authority may seek reports in relation to food safety and hygiene.

PART III

The Board, Scientific Committee, Committees, Chief Executive and Staff of the Authority

Section 31

Membership of Board of Authority and term of office of members.

Section 32

Chairperson of Board.

Section 33

Meeting of Board.

Section 34

Scientific Committee.

Section 35

Subcommittees.

Section 36

Remuneration and allowances.

Section 37

Chief executive of Authority.

Section 38

Staff of Authority.

Section 39

Superannuation.

Section 40

Membership of either House of Oireachtas, European Parliament, local authority or health board.

Section 41

Declaration of interests.

Section 42

Disclosure of interests.

Section 43

Disclosure of information.

PART IV

Enforcement of Food Safety Standards

Section 44

Commencement of Part IV.

Section 45

Power of Authority to enforce food safety standards in food legislation.

Section 46

Food inspections, etc.

Section 47

Additional inspections.

Section 48

Service contracts.

Section 49

Authorised officers.

Section 50

Powers of authorised officers.

Section 51

Taking of samples.

Section 52

Improvement notices and orders.

Section 53

Closure orders.

Section 54

Withdrawal of food products.

Section 55

Indemnification of authorised officers, etc.

Section 56

Service of notices, etc.

Section 57

Prosecution of summary offences under food legislation.

PART V

Dissolution of Former Authority

Section 58

Dissolution of former Authority.

Section 59

Transfer of assets and liabilities of former Authority.

Section 60

Preservation of certain continuing contracts and adaptation of references to former Authority.

Section 61

Saving for certain acts.

Section 62

Pending legal proceedings.

Section 63

Exemption from capital gains tax.

Section 64

Revocation.

PART VI

Amendment of the Radiological Protection Act, 1991

Section 65

Amendment of Radiological Protection Act, 1991.

FIRST SCHEDULE Food Legislation SECOND SCHEDULE Official Agencies Acts Referred to Companies Acts, 1963 to 1990 Comptroller and Auditor General (Amendment) Act, 1993 1993, No. 8 European Communities Act, 1972 1972, No. 27 European Parliament Elections Act, 1997 1997, No. 2 Health Act, 1970 1970, No. 1 Local Government Act, 1941 1941, No. 23 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Radiological Protection Act, 1991 1991, No. 9 Taxes Consolidation Act, 1997 1997, No. 39 Food Safety Authority of Ireland (Establishment) Order, 1997 S.I. No. 524 of 1997 Abattoirs Act, 1988 No. 8 of 1988 Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1954 No. 33 of 1954 Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1978 No. 13 of 1978 Food Standards Act, 1974 No. 11 of 1974 Health Act, 1947 No. 28 of 1947 Poisons Act, 1961 No. 12 of 1961 European Communities (Arsenic and Lead in Food) Regulations, 1972 S.I. No. 44 of 1972 European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982 S.I. No. 205 of 1982 European Communities (Erucic Acid in Food) (Method of Analysis) Regulations, 1982 S.I. No. 271 of 1982 European Communities (Food Additives) (Purity Criteria Verification) Regulations, 1983 S.I. No. 60 of 1983 European Communities (Vinyl Chloride in Food) (Method of Analysis) Regulations, 1984 S.I. No. 92 of 1984 European Communities (Antioxidant in Food) (Purity Criteria) Regulations, 1985 S.I. No. 187 of 1985 European Communities (Natural Mineral Waters) Regulations, 1986 S.I. No. 11 of 1986 European Communities (Pesticide Residues) (Fruit and Vegetables) Regulations, 1989 S.I. No. 105 of 1989 European Communities (Preservatives in Food) (Purity Criteria) Regulations, 1989 S.I. No. 262 of 1989 European Communities (Egg Products) Regulations, 1991 S.I. No. 293 of 1991 European Communities (Materials and Articles Intended to Come Into Contact With Foodstuffs) Regulations, 1991 S.I. No. 307 of 1991 European Communities (Flavourings for use in Foodstuffs for Human Consumption) Regulations, 1992 S.I. No. 22 of 1992 European Communities (Marketing Standards for Eggs) Regulations, 1992 S.I. No. 254 of 1992 European Communities (Quick Frozen Foodstuffs) Regulations, 1992 S.I. No. 290 of 1992 Radiological Protection Act, 1991 (General Control of Radioactive Substances, Nuclear Devices and Irradiating Apparatus) Order, 1993 S.I. No. 151 of 1993 European Communities (Minced Meat) Regulations, 1994 S.I. No. 215 of 1994 European Communities (Infant Formulae) Regulations, 1994 S.I. No. 459 of 1994

European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 S.I. No. 126 of 1995 European Communities (Rabbitmeat and Farmed Game Meat) Regulations, 1995 S.I. No. 278 of 1995 European Communities (Wild Game Meat) Regulations, 1995 S.I. No. 298 of 1995 European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations, 1995 S.I. No. 344 of 1995 European Communities (Monitoring of Temperature in the Means of Transport, Warehousing and Storage of Quick-Frozen Foodstuffs and Sampling Procedure and Methods of Analysis for Control of the Temperatures of Quick-Frozen Foods Intended for Human Consumption) Regulations, 1995 S.I. No. 370 of 1995 European Communities (Fresh Poultrymeat) Regulations, 1996 S.I. No. 3 of 1996 European Communities (Hygienic Production and Placing on the Market of Raw Milk, Heat-Treated Milk and Milk-Based Products) Regulations, 1996 S.I. No. 9 of 1996 European Communities (Live Bivalve Molluscs) (Health Conditions for Production and Placing on the Market) Regulations, 1996 S.I. No. 147 of 1996 European Communities (Fishery Products) (Health Conditions and Hygiene Rules for Production and Placing on the Market) Regulations, 1996 S.I. No. 170 of 1996 European Communities (Minced Meat and Meat Preparations) Regulations, 1996 S.I. No. 243 of 1996 European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations, 1997 S.I. No. 128 of 1997 European Communities (Pesticide Residues) (Fruit and Vegetables) (Amendment) Regulations, 1997 S.I. No. 218 of 1997 European Communities (Pesticide Residues) (Products of Plant Origin, including Fruit and Vegetables) Regulations, 1997 S.I. No. 221 of 1997 European Communities (Suspension of Imports of Pistachios and Certain Products Derived from Pistachios Originating in or Consigned from Iran) Regulations, 1997 S.I. No. 432 of 1997 European Communities (Fresh Meat) Regulations, 1997 S.I. No. 434 of 1997 European Communities (Pesticide Residues) (Products of Plant Origin, including Fruit and Vegetables) (Amendment) Regulations, 1998 S.I. No. 71 of 1998 European Communities (Official Control of Foodstuffs) Regulations, 1998 S.I. No. 85 of 1998 European Communities (Hygiene of Foodstuffs) Regulations, 1998 S.I. No. 86 of 1998 European Communities (Official Control of Foodstuffs) (Approved Laboratories) Order, 1998 S.I. No. 95 of 1998 Number 29 of 1998 FOOD SAFETY AUTHORITY OF IRELAND ACT, 1998

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE FOOD SAFETY AUTHORITY OF IRELAND OR ÚDARÁS SÁBHÁILTEACHTA BIA NA hÉIREANN AND TO DEFINE ITS FUNCTIONS AND TO AMEND THE RADIOLOGICAL PROTECTION ACT, 1991 , AND TO PROVIDE FOR RELATED MATTERS. [8th July, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title.

1.—This Act may be cited as the Food Safety Authority of Ireland Short title. Act, 1998.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—Interpretation. “authorised officer” means a person appointed as an authorised officer under section 49 ; “the Authority” means the Food Safety Authority of Ireland established under section 9 ; “the Board” means the Board of the Authority; “chief executive” means the chief officer of the Authority appointed under section 37 ; “closure order” has the meaning assigned to it by section 53 ; “enforcement” in relation to food legislation, means the carrying out of inspections, surveillance, sampling, analysis, licensing and registration and the taking of legal proceedings; “establishment day” means the day appointed by the Minister under section 3 to be the establishment day; “food” includes— (a) any substance used, available to be used or intended to be used, for food or drink by human persons, and (b) any substance which enters into or is used in the production, composition or preparation of these substances, and references to food include, as the context may require, reference to a particular food or class of food; “food inspection” means the systems of inspection carried out by or on behalf of the Authority in order to ascertain whether— (a) food, (b) the processes (including processes aimed at preserving or prolonging the freshness and wholesomeness of food) to which food is subjected, (c) the physical environment in which food is produced, held, prepared and handled, (d) the skills, training and competence of people handling or otherwise dealing with food in premises coming within the scope of this Act, (e) any substances and materials which may be used at any stage in the production of food (including, where appropriate, animal feedings tuffs) and including the pre- and post-mortem examination of animals at abattoirs or other such premises whose meat is to be supplied as food or is to be used in the production of food, (f) food additives, vitamins, mineral salts, trace elements, flavourings and other additives intended to be sold as such, (g) materials and articles intended to come into contact with food, (h) products of the soil, products of stock farming, aquaculture and of fisheries and game, complies with food legislation aimed at preventing risks to public health; “food legislation” means— (a) the Acts (including any instruments made there under) specified in

Part I

, (b) the statutory instruments specified in

Part II

, (c) the Regulations of an institution of the European Communities specified in

Part III

, of the First Schedule in so far as they relate to food safety and hygiene, (d) any Act passed by the Oireachtas or any statutory instrument made thereunder or regulation made under the European Communities Act, 1972 , after the establishment day and deemed to be food legislation for the purposes of this Act, “food safety” means the steps taken to avoid risks to public health arising from food intended for human consumption; “food standards” in relation to food safety and hygiene, means standards established by or under food legislation relating to any or all of the following: (a) the composition of food, including— (i) the level of contaminants or residues that may be present in food, (ii) its microbiological status and safety, and (iii) the method of sampling and testing of food to determine its composition; (b) the production of food, including the equipment used and the processes employed; (c) the packaging, storing or handling of food; (d) the sale, importation or exportation of food; (e) any information about food, including labelling, promotion and advertising thereof; (f) the avoidance of physical, chemical, radiological, biological or other contamination of food; (g) the avoidance of risks to human health arising from ingestion or otherwise of food; (h) the maximum or minimum amount of substances that are or are required to be or may be used in the preparation of food; “former Authority” means the Food Safety Authority of Ireland established by the Food Safety Authority of Ireland (Establishment) Order, 1997 ( S.I. No. 524 of 1997 ); “functions” includes powers and duties, and reference to the performance of functions includes, as respects powers and duties, references to the exercise of the powers and the performance of the duties; “health board” means a board established under section 4 of the Health Act, 1970 ; “hygiene” in relation to food safety or standards, means the observance of standards of good practice aimed at the avoidance of contamination of food; “improvement notice” has the meaning assigned to it by section 52

Establishment day.

3.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Laying of orders and regulations before Houses of Oireachtas.

4.—Every order (other than an order made under section 3 or 44 ) and every 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 subsequent 21 days on which that House has sat 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.

Amendment of Schedules.

5.—The Minister may, after consultation with the relevant Minister of the Government or other person having responsibility for the official agency concerned, by order amend the First or Second Schedule by making additions thereto or deletions therefrom.

Prosecution of summary offences.

6.—(1) Proceedings in relation to a summary offence under this Act may be brought and prosecuted by the Authority.

Offences by bodies corporate.

7.—(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect or default on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Expenses of Minister.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II

The Food Safety Authority of Ireland Establishment of Authority.

9.—(1) There shall stand established on the establishment day a body to be known as the Food Safety Authority of Ireland, or in the Irish language as Údarás Sábháilteachta Bia na hÉireann, to perform the functions assigned to it by this Act.

Independence of Authority.

10.—The Authority shall, subject to this Act, be independent in the exercise of its functions.

Principal function of Authority.

11.—The principal function of the Authority shall be to take all reasonable steps to ensure that— (a) food produced in the State (whether or not distributed or marketed in the State), and (b) food distributed or marketed in the State, meets the highest standards of food safety and hygiene reasonably available and it shall, in particular, take all reasonable steps to ensure that such food complies— (i) with food legislation in respect of food safety and hygiene standards, or (ii) where appropriate, with the provisions of generally recognised standards or codes of good practice aimed at ensuring the achievement of high standards of food hygiene and food safety.

Promotion of standards.

12.—(1) In order to achieve the highest level of protection reasonably available in the interests of public health and consumer protection, the Authority shall promote, encourage and foster at all stages of food production, from primary production through to final use by the consumer, the establishment and maintenance of high standards of food hygiene and safety.

Food safety assurance schemes.

13.—(1) For the purposes of section 12 the Authority may, by itself or with such representatives of particular food business groups or organisations as it considers appropriate, establish schemes (in this section referred to as “food safety assurance schemes”) for the protection of consumer interests.

Consultative Council.

14.—(1) The Authority shall for the purposes of the consultations referred to in section 12

Advice of Authority.

15.—The Authority shall at the request of the Minister or of another Minister of the Government, provide to the Minister or that other Minister of the Government advice on issues relating to all or any of the matters listed in this section or may, on its own initiative, provide such advice on— (a) food-borne diseases, including food-borne zoonotic diseases, (b) nutritional aspects of food and the role of diet in public health, (c) statutory developments relating to food safety and hygiene, (d) technology and industrial practices relating to food and food preparation, (e) the organisation and administration of systems for the approval, licensing and registration and inspection of premises carrying on a food business, (f) food production including cultivation of crops, fruit and vegetables, the harvest of uncultivated foods, the cultivation and production of shellfish and breeding or rearing of animals for slaughter and for food production, (g) labelling and packaging of food (including materials used in packaging), (h) the scope for improved systems for the communication of information to the public on the safety and hygiene of food, including the safe handling of food in the home, and (i) any other matter relevant to food safety and hygiene, and may publish such advice.

Collection and assessment of data.

16.—(1) The Authority may— (a) collect all food legislation, codes of conduct and other materials relevant to the functions of the Authority and may publish them in such form as it considers appropriate, and (b) collect information concerning the hygiene and safety of food that will facilitate the performance by it of its functions.

Review of food inspection services.

17.—The Authority shall consider and keep under review the efficacy of the food inspection services for the time being in place and shall report at least annually to the Minister, or to such other Minister of the Government or other agency as may have responsibility for the carrying out, whether under a service contract or otherwise, of the particular food inspection service, on the scope for better coordination and delivery of the food inspection service or services.

Research by Authority.

18.—(1) The Authority may undertake, commission or collaborate in research projects and activities on issues relating to food, and may, for this purpose, participate in research projects and activities on issues relating to food involving parties from outside the State.

Certification of food.

19.—(1) Without prejudice to the requirements of food legislation or any certification procedure operated by an official agency with regard to food for sale, the Authority may, if requested by any person and shall if requested by an official agency provide a system of certification of food for sale in such form in respect of the request as it considers appropriate.

Conferral of additional functions on Authority.

20.—(1) The Minister may, if he or she so thinks fit or if so requested by another Minister of the Government, following consultations with that other Minister of the Government and the Minister for Finance, by order— (a) confer on the Authority such additional functions connected with the functions for the time being of the Authority or activities that the Authority is authorised for the time being to undertake (including functions for the purpose of enforcing any directive, regulation or other act adopted by an institution of the European Communities in relation to food safety and hygiene) as he or she considers appropriate, and (b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Authority of functions under this section or the performance by the Authority of functions so conferred.

Charges for services.

21.—(1) Subject to subsection (2), and having due regard to any other arrangements in place concerning any fees or charges arising in relation to the area of activity concerned, the Authority may make such charges as the Board considers appropriate in consideration of the performance by the Authority of its functions, the provision by it of services (other than a service consisting of the provision of advice for the Minister or another Minister of the Government) and the carrying on by it of activities and shall record receipts from such charges as income.

Gifts.

22.—(1) The Board may accept gifts on behalf of the Authority of money, land or other property, on such trusts, terms or conditions, if any, as may be specified by the donor.

Borrowings by Authority.

23.—The Authority may, for the purpose of providing for current expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.

Advances by Minister to Authority.

24.—The Minister may, from time to time, with the consent of the Minister for Finance, advance to the Authority out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by the Authority in the performance of its functions.

Reports and information to Minister.

25.—(1) As soon as may be after the end of the financial year of the Authority in which the establishment day falls and of each subsequent financial year of the Authority, but not later than 6 months thereafter, the Authority shall make a report to the Minister of its activities during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

Accounts and audits.

26.—(1) The chief executive, following the agreement of the Board, 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 and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Authority of its functions over a period of years, as required.

Premises of Authority.

27.—(1) The Authority may for the purposes of providing premises necessary for the due performance of its functions— (a) purchase or, with the consent of the Minister for Finance, take on lease any land, (b) build, equip and maintain offices and premises.

Seal of Authority.

28.—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

Consultants and advisers.

29.—The Authority may, subject to the prior approval of or at the request of the Board, from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions and any fees payable by the Authority to a consultants or adviser engaged under this section shall be paid by the Authority out of moneys at its disposal.

Authority may seek reports in relation to food safety and hygiene.

30.—(1) The Authority may seek reports on any matter which in its opinion concerns the safety or hygiene of food from the appropriate Minister of the Government or body established under statute that has overall responsibility for the area to which the matter pertains.

PART III

The Board, Scientific Committee, Committees, Chief Executive and Staff of the Authority Membership of Board of Authority and term of office of members.

31.—(1) There shall be a Board, to be known as the Board of the Food Safety Authority of Ireland, to direct and carry out the functions of the Authority in accordance with this Act and it shall satisfy itself as to the adequacy of the systems in place for that purpose and it shall otherwise manage and review the workings of the Authority.

Chairperson of Board.

32.—(1) The term of office of the chairperson of the Board shall be 5 years.

Meeting of Board.

33.—(1) The Board shall hold such and as many meetings as may be necessary for the performance of its functions.

Scientific Committee.

34.—(1) There shall be established, as soon as may be after the establishment day, by the Board a committee (“the Scientific Committee”) to assist and advise the Board in relation to matters of a scientific nature referred to it by the Board and to perform the functions assigned to it by this section.

Subcommittees.

35.—(1) The Board or, as appropriate, the Scientific Committee may from time to time establish subcommittees to advise it in relation to the performance of its functions.

Remuneration and allowances.

36.—There may be paid to the members of the Board (including the chairperson) and members of the Scientific Committee and any subcommittee established under section 35 such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may from time to time determine.

Chief executive of Authority.

37.—(1) There shall be a chief officer of the Authority who shall be known, and is referred to in this Act, as the chief executive.

Staff of Authority.

38.—(1) The Board may appoint such and such number of persons to be members of the staff of the Authority as it may determine with the consent of the Minister and the Minister for Finance.

Superannuation.

39.—(1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.

Membership of either House of Oireachtas, European Parliament, local authority or health board.

40.—(1) Where a member of the Board— (a) is nominated as a member of Seanad Éireann, (b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, (c) is regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, (d) becomes a member of a local authority, or (e) becomes a member of the board of a health board, he or she shall thereupon cease to be a member of the Board.

Declaration of interests.

41.—(1) On his or her appointment, the chief executive, each member of the Board and each member of the Scientific Committee shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify.

Disclosure of interests.

42.—(1) Where the chief executive, a member of the Board, a member of the staff of the Authority, a member of the Scientific Committee or a subcommittee established under section 35 , or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Board, the Scientific Committee, or subcommittee established under this Act, as the case may be, he or she shall— (a) disclose to the Board, the Scientific Committee or subcommittee, as the case may be, the nature of his or her interest in advance of any consideration of the matter, (b) neither influence nor seek to influence a decision in relation to the matter, (c) take no part in any consideration of the matter, (d) if he or she is a chief executive, a member of the Board, the staff of the Authority, the Scientific Committee or subcommittee established under this Act, withdraw from the meeting for so long as the matter is being discussed or considered by the Board, the Scientific Committee or a subcommittee established under this Act, as the case may be, and shall not vote or otherwise act as such chief executive or member in relation to the matter.

Disclosure of information.

43.—(1) Save as otherwise provided by law, a person shall not, without the consent of the Board, disclose any information obtained by him or her while performing (or as a result of having performed) duties as— (a) a member of the Board, (b) a member of the staff of the Authority (including the chief executive), (c) a member of the Scientific Committee, or a subcommittee established under section 35 , or (d) an adviser or consultant to the Authority, or obtained while in performance of a service contract.

PART IV

Enforcement of Food Safety Standards Commencement of

Part IV

.

44.—This Part 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 and different provisions.

Power of Authority to enforce food safety standards in food legislation.

45.—Subject to section 57 , in any food legislation, passed or made before the establishment day, any functions of an official agency in relation to the enforcement of the legislation shall be deemed to be a function of the Authority.

Food inspections, etc.

46.—For the purposes of section 11 , the Authority shall carry out or arrange to have carried out on its behalf under section 48 the following: (a) the inspection, approval, licensing or registration of premises and equipment, including premises or equipment used in connection with the manufacture, processing, disposal, transport and storage of food, (b) the inspection, sampling and analysis of food, including food ingredients, and (c) the inspection and analysis of food labelling, to determine compliance with food legislation.

Additional inspections.

47.—For the purposes of section 11 , and in addition to the powers of inspection under food legislation or section 46 , the Authority may, in the case of a particular circumstance identified by an authorised officer which is in the interest of food safety and hygiene, carry out or arrange to have carried out such additional inspections as it considers necessary for the discharge of its functions under this Act, and any such inspections shall as far as is practicable be carried out by or on behalf of the Authority in consultation with such persons as it considers appropriate.

Service contracts.

48.—(1) The Authority may for the purposes of carrying out its functions under section 46 enter into a contract (“service contract”) with— (a) in the case of any food legislation mentioned in the First Schedule at the passing of this Act, the official agency responsible immediately before the commencement of section 45 for the enforcement of those standards in that legislation, (b) in the case of any food legislation mentioned in the First Schedule inserted by order under section 5 after the passing of this Act, the official agency responsible immediately before the making of the order (or, where the order contains a commencement provision, its commencement) for the enforcement of those standards in that legislation, or (c) the relevant official agency in relation to any food legislation passed or made after the establishment day and deemed to be food legislation for the purposes of this Act.

Authorised officers.

49.—(1) The Board or the chief executive may appoint in writing persons to be authorised officers for the purposes of this Act.

Powers of authorised officers.

50.—(1) Without prejudice to the provisions of any food legislation, an authorised officer may, for the purpose of obtaining any information which may be required in order to enable the Authority to exercise its functions under this Act or an official agency to exercise its functions under a service contract— (a) require any employee of the Authority or of an official agency, a former employee of the Authority or an official agency or any person otherwise currently or previously retained by an official agency, or any person who carries or has carried on any trade, business or activity to which this Act relates or any person currently or previously employed in connection with that trade, business or activity to produce to him or her such records, and in the case of such information in a non-legible form to reproduce it in a permanent legible form, or to give to him or her such information, as the officer may reasonably require in relation to any entries in such records, (b) at all reasonable times enter any premises, subject to subsection (2), at which there are reasonable grounds to believe that any trade, business or activity in connection with the production, processing, disposal, manufacture, exportation, importation, storage, distribution or sale of food is, or has been, carried on, or that records in relation to such trade, business or activity are kept, and search and inspect the premises, and any records in or on the premises, (c) secure for later inspection any premises or any part thereof in which such records are kept or there are reasonable grounds for believing that such records are kept, (d) inspect and take copies of or extracts from any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), (e) remove and retain the said records for such period as may be reasonable for further examination, (f) require a person referred to in paragraph (a) to give to the officer any information which the officer may reasonably require in regard to the trade, business or activity or in regard to the persons carrying on such trade, business or activity or employed in connection with that trade, business or activity, (g) require any person referred to in paragraph (a) by or on whose behalf data equipment is or has been used in relation to a business within the meaning of paragraph (b) or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to its use thereto,

(h) summon, at any reasonable time, any other person being or having been an employee of the Authority or of an official agency or retained or having been retained by the Authority or an official agency or employed in connection with the trade, business or activity under examination by the Authority or by its agent, by virtue of a service contract to give to the officer any information which the officer may reasonably require in regard to that trade, business or activity and to produce to the officer any records which are in that person's power or control.

Taking of samples.

51.—(1) For the purposes of food inspections to be carried out by or on behalf of the Authority, and without prejudice to the provision of any food legislation concerning the sampling and analysis of food, the Minister, following consultation with the Authority, may— (a) make regulations— (i) for the taking of samples of food or materials or articles used or intended for use in the preparation or manufacture of food (including packaging and machinery) or of articles which are by-products of the manufacture of food, and (ii) to enable the carrying out of tests, examinations and analyses of such samples, (b) following consultation with the Scientific Committee, prescribe— (i) the certificate or other evidence to be given of the result of any test, examination or analysis carried out in accordance with such regulations, and (ii) the persons or the classes of persons by and to whom such certificate or evidence is to be given.

Improvement notices and orders.

52.—(1) Where an authorised officer is of the opinion— (a) that at any premises (or part of a premises and including any premises on lands contiguous or adjacent to the premises) any activity which involves the handling, preparation, processing, manufacturing, distribution, storage or selling of food, or (b) that the condition of any premises (or part of a premises and including any premises or lands contiguous with or adjacent to the premises) at, in or on which these activities are carried out, is of such a nature that if it persists, it will or is likely to pose a risk to public health, the officer may, following consultations with the chief executive or such other officer of the Authority or an official agency designated in that behalf by the Board, serve, or arrange to have served, on the proprietor or person in charge a notice (“improvement notice”) signed by the officer or the chief executive or other officer of the Authority or official agency designated in that behalf by the Board, and stating that he or she is of that opinion and the notice shall— (i) identify the activity or defect in the premises (or part thereof) giving rise to the risk, (ii) require that remedial action be taken and, if appropriate, shall specify the nature or details or such remedial action, (iii) specify a time limit by which the remedial action is to be completed or implemented, and (iv) shall include any other requirements as are considered necessary in the given circumstances by the authorised officer.

Closure orders.

53.—(1) Where an authorised officer is of the opinion that there is or is likely to be a grave and immediate danger to public health at, in or on any premises or part thereof or where the authorised officer is unable to establish to his or her satisfaction, due to any obstruction, the level of or the extent to which such a danger, if any, exists, the authorised officer may, following consultations with the chief executive or such other officer of the Authority or an official agency designated in that behalf by the Board, serve, or arrange to have served, on the proprietor or person in charge of the premises a notice (“closure order”) signed by the officer or the chief executive or other officer of the Authority or official agency designated in that behalf by the Board, stating that he or she is of that opinion, and the closure order shall, as appropriate— (a) state that the authorised officer is of the opinion that the premises or part thereof to which the order relates should be closed, (b) specify the matters which in his or her opinion give or, as the case may be, are likely to give rise to the said risk, (c) where in his or her opinion any of those matters involves or, as the case may be, will involve a contravention of any of the food legislation state that he or she is of that opinion, specify the provision or provisions as to which he or she is of that opinion, and give particulars of the reasons why he or she is of that opinion, and (d) direct that the premises be closed unless and until the matters specified in the order in pursuance of paragraph (b) and any associated contravention of provisions so specified in pursuance of paragraph (c) have been remedied.

Withdrawal of food products.

54.—(1) Where, as regards any activities which involve the handling, processing, disposal, manufacturing, storage, distribution or selling of food to which this section applies, an authorised officer is of the opinion that the activities involve or, are likely to involve, a serious risk to public health, the authorised officer may, following consultations with the chief executive or such other officer of the Authority or an official agency designated in that behalf by the Board, serve, or arrange to have served, on the proprietor or person in charge of the food in question a notice (“prohibition order”) signed by the officer or the chief executive or other officer of the Authority or official agency designated in that behalf by the Board, stating that he or she is of that opinion and the prohibition order shall— (a) state that the authorised officer is of the opinion that a particular consignment, class, batch or item of food should be withdrawn from sale (whether or not the product is on the market for sale in the State or elsewhere), (b) specify the matters which in his or her opinion give or, as the case may be, are likely to give rise to the said risk, (c) where in his or her opinion any of those matters involves or, as the case may be, will involve a contravention of any of the food legislation, state that he or she is of that opinion, specify the provision or provisions as to which he or she is of that opinion, and give particulars of the reasons why he or she is of that opinion, and (d) in respect of any or all of the following, direct the person on whom the prohibition order is served to ensure that the food— (i) is not used for human consumption, (ii) is recalled from sale or distribution (whether or not the food is on sale or being or has been distributed for sale in the State or elsewhere), (iii) as appropriate in the interests of public health, is rendered safe for human consumption or is detained or is destroyed in a manner prescribed by the authorised officer, and, in the event of non-compliance or delay by the person on whom the notice has been served, an authorised officer of the Authority or official agency shall, following consultations with the chief executive or other officer of the Authority or official agency designated in that behalf by the Board, take whatever steps are considered necessary to ensure compliance with the direction given under this subsection and this may include the seizure and destruction of the products in question or the making of any arrangements for such seizure or destruction or both.

Indemnification of authorised officers, etc.

55.—(1) Where the Board is satisfied that an authorised officer, or any other member of the staff of the Authority, has discharged his or her duties in pursuance of the functions of the Authority in a bona fide manner, the Board shall indemnify the authorised officer, or such member of the staff of the Authority, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.

Service of notices, etc.

56.—(1) Any notice required to be served or given by or under this Part shall be addressed to the person concerned and served or given in one of the following ways— (a) by addressing it to the person by name and delivering it to him or her, (b) by leaving it at the address at which the person ordinarily resides or carries on business, (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides or carries on business, (d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, (e) where the address at which the person ordinarily resides or carries on business cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises, or (f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection.

Prosecution of summary offences under food legislation.

57.—(1) Proceedings in relation to a summary offence under any food legislation may continue to be brought and prosecuted by the official agency which had responsibility, immediately before the commencement of section 45 , for the enforcement of the food legislation concerned.

PART V

Dissolution of Former Authority Dissolution of former Authority.

58.—(1) The former Authority shall, on the establishment day, become and be dissolved.

Transfer of assets and liabilities of former Authority.

59.—(1) The following shall be and hereby are transferred to the Authority on the establishment day— (a) all property and rights relating to such property held or enjoyed immediately before that day by the former Authority or any trustee or agent thereof acting on its behalf, and (b) all liabilities incurred before that day by the former Authority or any trustee or agent thereof acting on its behalf that had not been discharged before that day, and, accordingly, without any further conveyance, transfer or assignment— (i) the said property, real and personal, shall, on that day, vest in the Authority for all the estate, term or interest for which, immediately before that day, it was so vested in the former Authority, as the case may be, but subject to all trusts and equities affecting the property subsisting and capable of being performed, (ii) the said rights shall, as on and from that day, be enjoyed by the Authority, and (iii) the said liabilities shall, as on and from that day, be liabilities of the Authority.

Preservation of certain continuing contracts and adaptation of references to former Authority.

60.—(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the former Authority to any person or given by any person to and accepted by or on behalf of the former Authority and every contract or agreement made between the former Authority, or any trustee or agent thereof acting on its behalf, and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on or after that day and shall be construed and have effect as if the name of the Authority was substituted therein for that of the former Authority or, as appropriate, its said trustee or agent and shall be enforceable by or against the Authority.

Saving for certain acts.

61.—Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of the former Authority and every such act shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the Authority.

Pending legal proceedings.

62.—Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the former Authority, or any trustee or agent thereof acting on its behalf, is a party to the proceedings, the name of the Authority shall be substituted therein for that of the former Authority or, as appropriate, the said trustee or agent thereof and the proceedings shall not abate by reason of such substitution.

Exemption from capital gains tax.

63.—For the purposes of the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act, 1997 ), any gain accruing to the former Authority on a disposal made by virtue of section 59 shall not be a chargeable gain.

Revocation.

64.—The Food Safety Authority of Ireland (Establishment) Order, 1997 ( S.I. No. 524 of 1997 ), is hereby, on the establishment day, revoked.

PART VI

Amendment of the Radiological Protection Act, 1991 Amendment of Radiological Protection Act, 1991 .

65.—The Radiological Protection Act, 1991 , is hereby amended by— (a) in section 28(1), the insertion after “Institute” of “and the Food Safety Authority of Ireland, after consultation with the Institute,”, (b) in section 31(1), the substitution for “Environment, Health and the Marine and the Institute” of “Environment and Local Government, Health and Children and the Marine and Natural Resources, the Institute and the Food Safety Authority of Ireland”, (c) in section 32— (i) the substitution for “and the Institute” of “, the Institute and the Food Safety Authority of Ireland” in each place it occurs, and (ii) the insertion after “Health” of “and Children” in each place it occurs, (d) in section 33(1), the insertion after “Agriculture and Food” of “in co-operation with the Food Safety Authority of Ireland” and after “he” of “or it”, (e) in section 33(2), the insertion after “Agriculture and Food” of “in co-operation with the Food Safety Authority of Ireland” and after “he” of “or it”, (f) in section 33(3), the substitution for “The Minister for the Marine” of “The Minister for the Marine and Natural Resources in co-operation with the Food Safety Authority of Ireland” and the insertion after “he” of “or it”, (g) in section 33(4), the insertion after “Finance” of “in co-operation with the Food Safety Authority of Ireland” and after “he” of “or it”, (h) in section 41(6), after “inspector” of “or by the Food Safety Authority of Ireland, in respect of an offence committed after its establishment, if the Food Safety Authority of Ireland appointed that inspector”, and (i) in section 41, after subsection (6) to insert the following subsection: “(7) A summary offence under a regulation made under section 32

FIRST SCHEDULE Food Legislation

Section 2

.

PART I

Acts Abattoirs Act, 1988 (No. 8 of 1988) Agricultural Produce (Fresh Meat) Acts, 1930 to 1988 Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1954 (No. 33 of 1954) Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1978 (No. 13 of 1978) Butter and Margarine Act, 1907 (7 Edw. 7.c.21) Food Standards Act, 1974 (No. 11 of 1974) Health Act, 1947 (No. 28 of 1947) Margarine Act, 1887 (50 & 51 Vict., c.29) Pigs and Bacon Acts, 1935 to 1988 Poisons Act, 1961 (No. 12 of 1961) Sale of Food & Drugs Acts, 1875 to 1936.

PART II

Statutory Instruments European Communities (Arsenic and Lead in Food) Regulations, 1972 ( S.I. No. 44 of 1972 ) European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982 ( S.I. No. 205 of 1982 ) European Communities (Erucic Acid in Food) (Method of Analysis) Regulations, 1982 ( S.I. No. 271 of 1982 ) European Communities (Food Additives) (Purity Criteria Verification) Regulations, 1983 ( S.I. No. 60 of 1983 ) European Communities (Vinyl Chloride in Food) (Method of Analysis) Regulations, 1984 ( S.I. No. 92 of 1984 ) European Communities (Antioxidant in Food) (Purity Criteria) Regulations, 1985 ( S.I. No. 187 of 1985 ) European Communities (Natural Mineral Waters) Regulations, 1986 ( S.I. No. 11 of 1986 ) European Communities (Pesticide Residues) (Cereals) Regulations, 1988 to 1998 European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1988 to 1998 European Communities (Pesticide Residues) (Fruit and Vegetables) Regulations, 1989 ( S.I. No. 105 of 1989 ) European Communities (Preservatives in Food) (Purity Criteria) Regulations, 1989 ( S.I. No. 262 of 1989 ) European Communities (Egg Products) Regulations, 1991 ( S.I. No. 293 of 1991 ) European Communities (Materials and Articles Intended to Come Into Contact With Foodstuffs) Regulations, 1991 ( S.I. No. 307 of 1991 ) European Communities (Flavourings for use in Foodstuffs for Human Consumption) Regulations, 1992 ( S.I. No. 22 of 1992 ) European Communities (Marketing Standards for Eggs) Regulations, 1992 ( S.I. No. 254 of 1992 ) European Communities (Quick Frozen Foodstuffs) Regulations, 1992 ( S.I. No. 290 of 1992 ) Radiological Protection Act, 1991 (General Control of Radioactive Substances, Nuclear Devices and Irradiating Apparatus) Order, 1993 ( S.I. No. 151 of 1993 ) European Communities (Minced Meat) Regulations, 1994 ( S.I. No. 215 of 1994 ) European Communities (Infant Formulae) Regulations, 1994 ( S.I. No. 459 of 1994 ) European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 ( S.I. No. 126 of 1995 ) European Communities (Rabbitmeat and Farmed Game Meat) Regulations, 1995 ( S.I. No. 278 of 1995 ) European Communities (Wild Game Meat) Regulations, 1995 ( S.I. No. 298 of 1995 ) European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations, 1995 ( S.I. No. 344 of 1995 ) European Communities (Monitoring of Temperature in the Means of Transport, Warehousing and Storage of Quick-Frozen Foodstuffs and Sampling Procedure and Methods of Analysis for Control of the Temperatures of Quick-Frozen Foods Intended for Human Consumption) Regulations, 1995 (

S.I. No. 370 of 1995 ) European Communities (Fresh Poultrymeat) Regulations, 1996 ( S.I. No. 3 of 1996 ) European Communities (Hygienic Production and Placing on the Market of Raw Milk, Heat-Treated Milk and Milk-Based Products) Regulations, 1996 ( S.I. No. 9 of 1996 ) (other than Regulations 6 to 11) European Communities (Live Bivalve Molluscs) (Health Conditions for Production and Placing on the Market) Regulations, 1996 ( S.I. No. 147 of 1996 ) European Communities (Fishery Products) (Health Conditions and Hygiene Rules for Production and Placing on the Market) Regulations, 1996 ( S.I. No. 170 of 1996 ) European Communities (Minced Meat and Meat Preparations) Regulations, 1996 ( S.I. No. 243 of 1996 ) European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations, 1997 ( S.I. No. 128 of 1997 ) European Communities (Pesticide Residues) (Fruit and Vegetables) (Amendment) Regulations, 1997 ( S.I. No. 218 of 1997 ) European Communities (Pesticide Residues) (Products of Plant Origin, including Fruit and Vegetables) Regulations, 1997 ( S.I. No. 221 of 1997 ) European Communities (Suspension of Imports of Pistachios and Certain Products Derived from Pistachios Originating in or Consigned from Iran) Regulations, 1997 ( S.I. No. 432 of 1997 ) European Communities (Fresh Meat) Regulations, 1997 ( S.I. No. 434 of 1997 ) European Communities (Pesticide Residues) (Products of Plant Origin, including Fruit and Vegetables) (Amendment) Regulations, 1998 ( S.I. No. 71 of 1998 ) European Communities (Official Control of Foodstuffs) Regulations, 1998 ( S.I. No. 85 of 1998 ) European Communities (Hygiene of Foodstuffs) Regulations, 1998 ( S.I. No. 86 of 1998 ) European Communities (Official Control of Foodstuffs) (Approved Laboratories) Order, 1998 ( S.I. No. 95 of 1998 ).

PART III

Regulations of an Institution of the European Communities Commission Regulation (EC) No. 194/971 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs Council Regulation (EEC) No. 315/932 of 8 February 1993 laying down Community procedures for contaminants in food Regulation (EC) No. 258/97 of the European Parliament and of the Council3 of 27 January 1997 concerning novel foods and novel food ingredients.

SECOND SCHEDULE Official Agencies

Section 2

.

Each of the following shall be an official agency for the purposes of this Act: the Director of Consumer Affairs, a health board, a local authority, the Minister for Agriculture and Food, the Minister for Health and Children, the Minister for the Environment and Local Government, the Minister for the Marine and Natural Resources, the Radiological Protection Institute of Ireland, the State Laboratory.

1 O.J. No. L031 of 01.02.1997, p. 48.

2 O.J. No. L037 of 13.02.1993, p. 1.

3 O.J. No. L043 of 14.02.1997, p. 1.

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