PART I

Preliminary

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

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 (1);

“improvement order” has the meaning assigned to it by section 52 (4);

“local authority” has the meaning assigned to it by the Local Government Act, 1941 ;

“the Minister” means the Minister for Health and Children;

“official agency” shall be construed in accordance with the Second Schedule ;

“premises” includes any place, building, aircraft, vehicle, railway wagon, container or vessel or temporary premises at or in or on which any trade, business or activity in connection with the production, preparation, processing, manufacture, exportation, importation, storage, distribution or sale of food is or has been carried on;

“prescribe” means prescribe by regulations made by the Minister;

“prohibition order” has the meaning assigned to it by section 54 (1);

“recognised trade unions and associations” means the trade unions and staff associations recognised by the Authority for the purpose of negotiations which are concerned with the transfers of staff to the Authority as well as remuneration, conditions of employment or working conditions of officers of the Authority and employees of the Authority;

“remuneration” includes allowances for expenses, benefits-in-kind and superannuation;

“sale” includes to offer for sale or to sell or to supply whether or not for profit and any cognate words shall be construed accordingly;

“the Scientific Committee” means the committee established under section 34 ;

“service contract” has the meaning assigned to it by section 48 ;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“uncultivated foods” means foods which are not commercially produced or harvested, including wild mushrooms, fruit and berries and fish and game harvested through recreational activities.

(2) In this Act—

(a) a reference to a section or Schedule is to a section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act, and

(d) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument.

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

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.

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.

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

(2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced at any time within 12 months from the date on which evidence sufficient in the opinion of the Authority to justify initiating the proceedings comes to the Authority's knowledge not being later than 5 years from the date on which the offence concerned was committed.

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.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director, manager or secretary of the body corporate.

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.