Food Standards Act, 1974

What is this act about?

This law, the Food Standards Act, 1974, allows for the creation and enforcement of standards for human food and addresses related issues.

Who it applies to: Ministers for Agriculture and Fisheries, Industry and Commerce, and Health; Persons involved in the manufacture, preparation, importation, transportation, storage, exportation, or sale of food.

At a glance

Country: Ireland
Area of law: Insolvency and enforcement
Articles: 11
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

Standards for the composition, quality, and preparation of food.
Rules for packaging, labelling, transportation, storage, and distribution of food.
Prohibitions on importing, manufacturing, selling, or exporting food that does not meet established standards.
Procedures for enforcing these regulations, including inspection, seizure, and testing of food.

Who does this act apply to?

Ministers for Agriculture and Fisheries, Industry and Commerce, and Health.
Persons involved in the manufacture, preparation, importation, transportation, storage, exportation, or sale of food.

What are the key points?

Regulations can cover aspects like food names, descriptions, additives, contaminants, and hygiene.
It is an offence to contravene any regulation made under this Act.
Enforcement can be carried out by officers from various government bodies and health boards.
Food suspected of not complying with regulations can be seized and disposed of to prevent human consumption, either with consent or by court order.

Insolvency and enforcement

Land and Conveyancing Law Reform Act 2013

Air Navigation (Eurocontrol) Act, 1983

Pensions (Amendment) Act, 1996

Jurisdiction of Courts and Enforcement of Judgments Act, 1998

Enforcement Of Court Orders (Amendment) Act 2009

Companies (Amendment) Act 2009

Local Government (Water Pollution) (Amendment) Act, 1990

Child Care (Amendment) Act 2024

Insolvency and enforcement

Legal text

Contents (11)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11

Food Standards Act, 1974 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 1974 Food Standards Act, 1974 Food Standards Act, 1974 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 Print Full ActPriontáil an tAcht Iomlán Number 11 of 1974 FOOD STANDARDS ACT, 1974 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Standards for food.

Section 3

Notice of intention to make regulations under section 2.

Section 4

Enforcement of regulations.

Section 5

Disposal of food seized.

Section 6

Provisions in relation to prosecutions for offences.

Section 7

Obstruction of enforcement of regulations.

Section 8

Penalties.

Section 9

Provisions in relation to regulations.

Section 10

Expenses.

Section 11

Short title.

Acts Referred to Local Government Act, 1941 1941, No. 23 Number 11 of 1974 FOOD STANDARDS ACT, 1974 AN ACT TO ENABLE STANDARDS FOR HUMAN FOOD TO BE ESTABLISHED AND ENFORCED AND TO PROVIDE FOR RELATED MATTERS. [12th June, 1974] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act, save where the context otherwise requires— “food” means any substance used for food or drink by man, and (a) any substance which enters into or is used in the composition or preparation of human food, (b) any substance which enters into or is used in the composition or preparation of any such substance aforesaid, and (c) chewing gum and products of a similar composition and use, and references to food include, as the context may require, references to a particular food, particular foods or a class or classes of food; “sell” means sell by wholesale or retail and includes— (a) offer or expose for sale by wholesale or retail, (b) have in possession for sale by wholesale or retail, and (c) supply under other contractual arrangements, and cognate words shall be construed accordingly.

Standards for food.

2.—(1) The Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health may by regulations provide for standards in relation to food and, in particular but without prejudice to the generality of the foregoing, may make provision by regulations in relation to any one or more of the following: (a) names of food, (b) descriptions of food, (c) composition and quality of food, (d) methods of manufacture and preparation of food, (e) additives used in the manufacture or preparation of food, (f) contaminants (including pesticide residues) in food, (g) hygiene in relation to food, (h) time limits for consumption of food, (i) packaging, labelling and presentation of food, (j) transportation, storage and distribution of food, (k) weights and measures for food, (l) matters consequential on or ancillary, incidental or supplementary to any of the foregoing matters.

(2)Regulations under this section may provide that a person shall not— (a) import food intended for sale for human consumption, (b) transport food intended for sale for human consumption, (c) store food intended for sale for human consumption, or (d) sell food intended for human consumption, under the name specified in the regulations if the food does not comply with the regulations.

(3)Regulations under this section may provide that a person shall not— (a) manufacture food intended for sale for human consumption, (b) prepare food intended for sale for human consumption, (c) import food intended for sale for human consumption, (d) transport food intended for sale for human consumption, (e) store food intended for sale for human consumption, or (f) sell food intended for human consumption, if the food does not comply with the regulations.

(4)Regulations under this section may provide that a person shall not export or shall not export to a specified country or countries food that does not comply with the regulations or specified provisions thereof.

(5)A person who contravenes a regulation under this section shall be guilty of an offence.

(6)Before a Minister of State mentioned in subsection (1) of this section makes regulations under this section he shall consult with such organisations as appear to him to be interested to a substantial extent in the subject matter of the regulations unless it is, in his opinion, appropriate to make the regulations without such consultation.

Notice of intention to make regulations under section 2.

3.—Not less than two months before making any regulations under section 2 of this Act, the Minister of State proposing to make them shall cause a notice to be published in a daily morning newspaper published in the State stating that he intends to make the regulations and indicating generally their subject matter and scope.

Enforcement of regulations.

4.—(1) The Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health may make regulations providing for all or any of the following: (a) the enforcement and execution of regulations under this Act by— (i) officers of the Ministers of State aforesaid with the consent, in the case of an officer who is not an officer of the Minister of State making the regulations, of the Minister of State whose officer he is, (ii) officers of health boards with the consent of the Minister for Health, (iii) officers of local authorities with the consent, if the Minister of State making the regulations is not the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 , in relation to a particular office, of the appropriate Minister for the said purposes in relation to the particular office, (iv) officers of Customs and Excise with the consent of the Minister for Finance, (b) the keeping of records by persons engaged in the manufacture, preparation, importation, transportation, storage, exportation or sale of food and the production of such records for inspection by officers concerned in the enforcement or execution of the regulations.

(2)Regulations under this section may make provision for any of the following: (a) entry on and inspection of (at all reasonable times by persons authorised for that purpose by the regulations) premises in which the persons reasonably believe that food to which regulations under this Act apply is manufactured for sale, prepared for sale, stored for sale or sold, (b) entry on and inspection of (at all reasonable times by persons authorised for that purpose by the regulations) ships, aircraft, vehicles and containers in which the persons reasonably believe that there is food to which regulations under this Act apply, (c) the seizure and detention or the seizure, removal and detention by persons authorised for that purpose by the regulations of food in relation to which the persons have reasonable grounds for suspecting that there is a failure to comply with the provisions of regulations under this Act, (d) the giving, and the taking by persons authorised for that purpose by the regulations, of samples of food or materials or articles used or intended for use in the manufacture or preparation of food, (e) the carrying out of tests, examinations and analyses of such samples, (f) the classes of persons to be responsible for the carrying out of such tests, examinations and analyses, (g) the means by and the manner in which the tests, examinations and analyses are to be made, (h) the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or other evidence is to be given, (i) the certificate or other evidence prescribed under paragraph (h) of this subsection being evidence until the contrary is proved of the result of such test, examination or analysis, (j) matters consequential on or ancillary, incidental or supplementary to any of the foregoing matters.

(3)Wherever regulations under this section provide that any particular certificate or other evidence shall be evidence until the contrary is proved of the result of a test, examination or analysis of a sample, the certificate or other evidence shall, in respect of such sample, without proof of the signature (if any) thereon of the person giving it or that he was authorised to give it, be evidence, until the contrary is proved, of the result of such test, examination or analysis and shall also be evidence, until the contrary is proved, that such test, examination or analysis was carried out under and in accordance with the regulations.

(4)It shall be an offence for a person to disclose information obtained in the course of entry on and inspection of premises or of a ship, aircraft, vehicle or container under this section other than in the execution of his duties under this Act or for the purposes of legal proceedings under this Act.

(5)Any person exercising powers conferred by or under this Act shall be furnished with a certificate showing that he is authorised to exercise those powers by the Minister of State or other authority appointing him and, when exercising any such powers, the person shall, if requested by any person aifected, produce the certificate to that person.

Disposal of food seized.

5.—(1) A person who, in accordance with this Act and regulations thereunder, has seized food may dispose of it in a manner that will prevent its being used for human consumption— (a) if the consent in writing of the owner or person in apparent charge or control of the food to such disposal is given, or (b) if an order is made by the District Court for such disposal.

(2)A person who, in accordance with this Act and regulations thereunder, has seized food, may, on giving notice in writing to the owner or person in apparent charge or control of the food of his intention to do so, apply to the District Court for an order directing that the food be disposed of (by destruction or otherwise) in a manner specified in the order that will prevent its being used for human consumption.

(3)Where an application in that behalf is duly made to the District Court under this section, that Court— (a) shall, if it is satisfied that any food seized under this Act does not comply with regulations under this Act, order that the food be disposed of (by destruction or otherwise) in a manner specified in the order that will prevent its being used for human consumption, and (b) may, if it is not satisfied that any food seized under this Act did not comply with regulations under this Act at the time of its seizure, order, if it thinks it appropriate to do so, the restoration of the food to the person from whom it was seized and order the payment by the Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health, as it thinks appropriate, to the owner of the food of such compensation (if any), costs (if any) and expenses (if any) as it considers reasonable having regard to any loss, costs and expenses incurred by the owner by reason of its seizure.

(4)(a) Subject to paragraphs (b) and (c) of this subsection, an order under subsection (3) of this section shall not have effect until the expiration of 14 days from the date of its making. (b) If an appeal to the Circuit Court is taken against an order under the said subsection (3), the order shall, if the Circuit Court determines that it shall have effect, have effect at such time as that Court determines. (c) If the District Court is satisfied that for any reason an order made by it under the said subsection (3) should have effect before the expiration of 14 days from the date of its making and it specifies in the order the time when it should have effect, the order shall have effect at the time so specified. (d) Where, on an appeal to the Circuit Court from an order of the District Court made under subsection (3) of this section, the Court is not satisfied that the food to which the appeal relates did not comply with regulations under this Act at the time of its seizure, it may, if it thinks it appropriate to do so, order the restoration of the food to the person from whom it was seized and may order the payment by the Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health, as it thinks appropriate, to the owner of the food of such compensation (if any), costs (if any) and expenses (if any) as it considers reasonable having regard to any loss, costs and expenses incurred by the owner by reason of its seizure or disposal under this Act or such seizure and disposal.

Provisions in relation to prosecutions for offences.

6.—(1) Where it is proved in any prosecution for an offence under this Act that a person manufactured, prepared, imported, exported, transported or stored food, it shall be presumed, until the contrary is proved, that the food was intended for sale for human consumption.

(2)Where it is proved in any prosecution for an offence under this Act that food was sold, it shall be presumed, until the contrary is proved, that the food was sold for human consumption.

(3)Where it is proved in any prosecution for an offence under this Act that anything was found on premises used for the manufacture or preparation of food and that the thing was capable of use in or for the purposes of such manufacture or preparation, it shall be presumed, until the contrary is proved, that it was being used in or for the purposes of the manufacture or preparation of food intended for sale for human consumption.

(4)If the defendant in any prosecution for an offence under section 2 of this Act in relation to food proves— (a) that he received the food as being in compliance with the regulations under the said section 2 and with a written warranty to that effect and that he duly notified the prosecutor of the warranty and its contents before the hearing of the prosecution, (b) that he had no reason to believe at the time when he disposed of the food that it did not comply with the said regulations, and (c) that the food, when disposed of by him, was in the same state as when he received it, the defendant shall be discharged from the prosecution.

(5)(a) A statement by the manufacturer, importer or seller of food in an invoice or on a label attached to the food or on the packet or container in which the food is sold that the food complies with the regulations under the said section 2 shall be deemed for the purposes of subsection (4) (a) of this section to be a warranty. (b) A statement of the kind referred to in paragraph (a) of this subsection by the manufacturer of imported food shall be deemed, for the purposes of this section, to have been made by the importer of the food.

(6)It shall be a defence for the defendant, in any prosecution for an offence under section 2 of this Act which relates to food in the course of transport or storage but does not relate to the conditions under which or the circumstances in which the food is transported or stored, to show that the transport or storage of the food was effected by him under a contract for services between the defendant or his agent and the owner of the food or his agent.

(7)Where it appears to a person enforcing a particular provision of this Act that an offence has been committed in respect of which proceedings might be taken against some person but that that person could establish a defence under subsection (4) or (6) of this section by proving that the offence complained of was due to an act or default of some other person, the person enforcing the said provision may take proceedings against that other person without taking proceedings against the first-mentioned person.

Obstruction of enforcement of regulations.

7.—A person who wilfully obstructs the enforcement of a regulation under this Act shall be guilty of an offence.

Penalties.

8.—A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding £200 and, in the case of a continuing offence, to a further fine not exceeding £10 for each day on which the offence is continued or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine or fines and such imprisonment.

Provisions in relation to regulations.

9.—(1) Before a Minister of State makes regulations under a provision of this Act, he shall consult with the other Ministers of State mentioned in the provision.

(2)Every regulation 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 regulation is passed by either such House within the next twenty-one days upon which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.

Expenses.

10.—The expenses incurred by any Minister of State 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.

Short title.

11.—This Act may be cited as the Food Standards Act, 1974.

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