No. 11/1974:

FOOD STANDARDS ACT, 1974

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Standards for food.

3 Notice of intention to make regulations under section 2.

4 Enforcement of regulations.

5 Disposal of food seized.

6 Provisions in relation to prosecutions for offences.

7 Obstruction of enforcement of regulations.

8 Penalties.

9 Provisions in relation to regulations.

10 Expenses.

11 Short title.

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:

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.

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 at 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 ) import 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 in 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.

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.

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 he 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 me 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 cut 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 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 affected, produce the certificate to that person.

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 in 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 he 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 mode 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 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.

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 she for human consumption.

(4) If the defendant in any prosecution for an offence under the said 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 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 An the purpose; for 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 me 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 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.

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

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 an 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 imprisonments.

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

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.

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