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29 1998

FOOD SAFETY AUTHORITY OF IRELAND ACT, 1998

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.

(2) The Authority shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(3) The Authority shall have all such powers as are necessary for or incidental to the performance of its functions under 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.

(2) The Authority shall, for the purposes of subsection (1), undertake or arrange to have undertaken such activities as it deems appropriate to foster and promote such standards and shall carry out or arrange to have carried out such food inspections as are required to determine compliance with food legislation.

(3) Without prejudice to the provisions of food legislation, the activities and food inspections to be undertaken by or on behalf of the Authority and referred to in subsection (2) shall be directed towards bringing about a general acceptance amongst producers, manufacturers, distributors, retailers and caterers of the principle that, in respect of any food placed on the market, the primary responsibility for the safety and suitability of the food for human consumption is borne by them individually or, as appropriate, collectively, and, as a consequence, each of the parties mentioned shall take all reasonable steps to ensure, in so far as that party is concerned, the safety and hygienic standard of that food.

(4) For the purpose of promoting higher standards, the Authority shall endeavour to consult representatives of consumers, producers, retailers, distributors, caterers and manufacturers and, where appropriate, official agencies about the activities or other measures to be undertaken.

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.

(2) The Authority shall promote, encourage and facilitate the establishment of food safety assurance schemes which shall be established upon the best available practices and standards of food safety and hygiene available and have available such documentation and other evidence relating to raw materials, processing, preparation, packaging, storage and labelling of foodstuffs, as the Authority considers appropriate for the protection of consumer interests.

(3) The Authority shall prepare guidelines to be observed by it in relation to the establishment of food safety assurance schemes.

(4) Any such guidelines shall require the approval of the Board, following consultation with the Scientific Committee.

(5) Subject to subsection (7), the Authority shall not participate in food safety assurance schemes.

(6) The Authority may endorse its approval of any food safety assurance scheme on any terms and conditions which the Board may stipulate following consultation with the Scientific Committee and the Authority may withdraw any such endorsement.

(7) The Authority shall monitor and report to the Board on the performance and implementation of food safety assurance schemes.

(8) The Authority may publish reports in relation to food safety assurance schemes.

(9) An official agency shall notify the Authority in relation to any food safety assurance scheme in which it is involved or supports and shall have regard to any advice of the Authority in relation to such involvement or support.

Consultative Council.

14. —(1) The Authority shall for the purposes of the consultations referred to in section 12 (4) or for consultations on any other matter relating to the functions of the Authority, establish a body to be known as the Food Safety Consultative Council (referred to in this section as “the Council”).

(2) The Council shall consist of not more than 24 members and shall be broadly based and representative.

(3) The Council shall be established under such terms and conditions determined, before its establishment, by the Board, following consultations with the Minister.

(4) The Minister may appoint not more than 12 members to the Council, of whom—

(a) 2 shall have been nominated by the Minister for Agriculture and Food,

(b) one shall have been nominated by the Minister for the Marine and Natural Resources,

(c) one shall have been nominated by the Minister for Enterprise, Trade and Employment, and

(d) one shall have been nominated by the Minister for the Environment and Local Government,

and the remainder shall be appointed by the Board.

(5) Members of the Council shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(6) The Authority shall have regard to any opinions expressed by the Council on any matter under review by the Authority. However, failure to consult the Council or to adopt a course of action on any matter corresponding to that proposed or supported by the Council shall not invalidate the decisions or actions of the Authority on the matter in question or on any other matter.

(7) The Authority may publish the opinions of the Council.

(8) The Board in the case of appointments made by it and the Minister in the case of appointments made by him or her, shall ensure, in so far as is practicable, an equitable balance between men and women.

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.

(2) The Authority shall—

(a) collect in such form, if any, as it may decide and assess statistical data on the official control of food, and

(b) collect, assess or otherwise analyse such data relating to the production and consumption of food,

as it sees fit or the Minister or any other Minister of the Government may, from time to time, request.

(3) The Authority shall undertake such assessments of statistical data on food-borne diseases including food-borne zoonotic diseases as it considers appropriate or as the Minister or other Minister of the Government may, from time to time, request.

(4) In this section “official control of food” includes the systems of inspection and control over the production, manufacturing, storage, sale or use of food required by or under any enactment.

(5) An official agency concerned shall cooperate with the Authority in meeting the requirements of this section.

(6) The Authority may in order to carry out its functions under this section require such person who it believes holds information which is relevant for those purposes to supply the information to the Authority and such person shall comply with such a requirement.

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.

(2) In deciding whether to exercise its powers under subsection (1), the Authority shall have regard to any undertaking, commission or collaboration in such projects or activities by other persons in 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.

(2) The Authority may issue guidelines with respect to any certification provided by it under this section.

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.

(2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

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.

(2) The determination of the amounts of charges referred to in subsection (1) shall be subject to the approval of the Minister following consultations with the Minister for Finance.

(3) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1).

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.

(2) The Board shall not accept a gift if the trusts, terms or conditions attached to it would be inconsistent with or prejudice the operational independence, effective performance or the functions of the Authority.

(3) The Authority shall include details of any gift which exceeds, in the opinion of the Board, the value of £500, or such other amount as may stand specified for the time being in regulations made by the Minister, in the report under section 25 (1) for the year in which the gift is accepted.

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.

(2) Each report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.

(3) The Authority shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify concerning or relating to the scope of its activities generally, or in respect of any account prepared by the Authority or any report specified in subsection (1) or the policy or activities, other than day to day activities, of the Authority.

(4) The Authority may publish such other reports on matters related to its activities and functions, as may from time to time be considered relevant and appropriate by the Board.

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.

(2) The chief executive, under the direction of the Board, shall cause to be kept on a continuous basis proper books of account of all income and expenditure of the Authority, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Authority and shall keep and shall account to the Board for all such special accounts as the Minister or the Board, with the consent of the Minister, may from time to time direct should be kept.

(3) The financial year of the Authority shall be the period of 12 months ending on the 31st day of December in any year, and for the purposes of this section and section 25 the period commencing on the establishment day and ending on the following 31st day of December, shall be deemed to be a financial year.

(4) The Board, the chief executive and the other officers of the Authority shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books and accounts of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay such fee therefor as may be fixed by the Minister.

(5) The accounts of the Authority for each financial year shall be prepared in such form and manner as may be specified by the Minister. The accounts shall be prepared by the chief executive and approved by the Board as soon as practicable but not later than three months after the end of the financial year to which they relate for submission to the Comptroller and Auditor General for audit. A copy of the accounts and the auditor's report thereon shall be presented to the members of the Board and to the Minister as soon as practicable and the Minister shall cause a copy of these documents to be laid before each House of the Oireachtas.

(6) The chief executive shall be the accountable person in relation to the accounts of the Authority and shall, whenever he or she is so required by a Committee of Dáil Éireann established under Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any account subject to audit by the Comptroller and Auditor General which the chief executive or the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act, 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

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.

(2) The Authority may sell or lease any land, offices or premises held by it which are no longer required for the due performance of its functions.

Seal of Authority.

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

(2) The seal of the Authority shall be authenticated by the signature of—

(a) the person appointed to chair the Board, or

(b) (i) a member of the Board, or

(ii) an officer of the Authority,

authorised by the Board to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

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.

(2) The Authority may make a report given to it under this section available to the Minister.