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Dáil Éireann debate -
Wednesday, 13 Dec 2000

Vol. 528 No. 2

Written Answers. - Health and Safety Regulations.

Question:

90 Dr. Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of best before dates on food products; if health boards can take action against retail premises which sell products after their best before dates; if she will consider legislation targeted to the sale of products consumed by children; and if she will make a statement on the matter. [30095/00]

There is, at this stage, quite a considerable body of largely EU-led legislation directed at protecting the health, safety and economic interests of consumers. Responsibility for this legislation is spread over a number of Departments, having regard to their respective policy remits.

My Department is responsible for the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2000 (S.I. No. 92 of 2000). These regulations give effect to EU labelling rules of a general nature that apply to all foodstuffs. A codified text of the relevant EU rules is contained in European Parliament and Council Directive 2000/13/EC of 13 March 2000.

The regulations apply to all foodstuffs placed for sale on the Irish market, with the exception of foodstuffs pre-packaged on a retail premises for direct sale to a consumer to which many of the provisions do not apply.

The regulations require certain specific information to be provided on the labelling of pre-packaged foodstuffs, including the name of the product, the name or business name and address of the manufacturer, packer or seller of the product established within the EU, the list of ingredients, the net quantity and the best before or best before end date, as appropriate. Products that are microbiologically perishable require a use by date. The rules are designed to inform and protect consumers by ensuring that they have the information necessary to make informed choices about the products that they purchase. It is an offence to sell, present, or advertise foodstuffs that do not contain this information. Prosecutions under the regulations may be taken by the Director of Consumer Affairs, the Eastern Regional Health Authority or a health board in whose functional area the offence was committed.
The question of legislation targeted at the sale of products consumed by children would come within the remit of my Department. Under general food safety legislation which is the responsibility of my colleague the Minister for Health and Children, I am informed that it is an offence to sell, offer or keep for sale food which is unfit for human consumption.
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