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Dáil Éireann debate -
Wednesday, 11 Oct 1995

Vol. 456 No. 7

Adjournment Debate. - Food Hygiene Regulations.

I thank the Ceann Comhairle for selecting this topic for debate tonight and the Minister of State at the Department of Health, Deputy O'Shea, for coming in to respond. The issue which I raise is the application of food hygiene regulations to small indigenous industries in the food sector. I appeal to the Minister to put in place without delay a set of modern food hygiene regulations which will take account of the initiatives, enterprise and innovation of small food producers in contemporary Ireland. Many such producers are being pushed out of business by the application of the Irish regulations of 1950 or the fear of impending regulations based on a more up-to-date EU Directive on the matter.

Two weeks ago an enterprising Cork woman was taken to court and fined a hefty sum with costs. Her crime was that she sold scones baked in her family kitchen in her shop. Three months ago a family of cheese makers from Leap near Skibbereen in west Cork closed down their thriving stall in the English Market in Cork city. The reason they gave for so doing was their fear that impending food hygiene regulations would be of such severity as to put them out of business. Their handmade cheeses were among the most sought after by discerning restaurateurs and shoppers in Cork city and its environs. Indeed, the availability of this specialised type of food product is part of the overall appeal and success of good Irish restaurants and their appeal to the home markets and the tourist trade.

Clearly, these developments give rise to grave concern and ironically, they are beginning at a time when substantial amounts of taxpayers' money is being spent through Leader programmes and county enterprise boards in an effort to generate economic activity and create jobs in the regions.

The Minister must admit a conflict is developing here between regulations on the one hand and State approved incentives on the other. All right minded people will admit that if we kill off the spirit and skill of small food producers who want to make cheeses or breads, sell ungraded eggs or home made jams in the local shops, we are sounding the death knell of rural Ireland. Moreover, we are doing inestimable damage to our tourist industry and killing off the charm, variety and distinctive vitality of different regions throughout the country. It is interesting to note the manner in which the French can nurture and promote different wines in different regions of their country. Why cannot we strive to promote different food products in different regions?

Will the Minister apply his energies and good sense to putting in place a set of regulations that will on the one hand meet acceptable health protection criteria and on the other, not inhibit a burgeoning native job creating industry?

I thank the Deputy for raising this important issue and for giving me the opportunity of responding to this question.

All premises used for the manufacture or preparation of food for sale to the public are required to be registered with the local health board under the Food Hygiene Regulations, 1950-89. Such premises must meet the standards specified in the regulations before they can be registered. The primary objective of registration is to ensure that food which is sold to the public or is offered or kept for sale is fit for human consumption.

I know there has been a significant growth in the number of small scale food enterprises in recent years, many of them being family owned. I also know that those charged with enforcing the food hygiene regulations share my view that such enterprises should be encouraged where possible. However, the obligation to protect public health must always be paramount.

I am satisfied that in a recent case which came before the courts, the health board in question sought to achieve a balance between the need to encourage enterprise and to protect public health and it acted reasonably in the matter.

The food hygiene regulations are currently being revised to facilitate the implementation of an EU directive in this area. The opportunity presented by this review will be taken to consider the special needs of small enterprises. I would, however, like to emphasise that I will seek to ensure the new directive does not impose any additional burdens on small scale food enterprises.

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