Vol. 537 No. 1
63 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the implications for Irish farmers of the extension of the EU product liability directive to food; and if farmers should take steps to protect themselves against personal liability for health problems caused by food product ingredients which originated on their farms. [15457/01]
The EU product liability directive (Council Directive 85/374/EEC) was implemented in Ireland by way of the Liability for Defective Products Act, 1991. The main effect of this legislation was to introduce into Irish law the principle of strict no fault liability on the part of the producer or importer of a defective product. This means that the producer or importer of a defective product is responsible for compensating consumers for damage caused if there is a link between the defect and the damage. The original EU directive permitted member states to exclude primary agricultural products and game from the scope of the implementing legislation. This exemption did not extend to processed food products.
Council directive 1999/34/EC removed the derogation in the original Directive 85/374/EEC. Directive 1999/34/EEC was transposed by way of the European Communities (Liability for Defective Products) (Amendment) Regulations, 2000 (S.I. No 401 of 2000). I am not in a position to give advice on the potential legal implications of this legislation for individuals or groups of producers.
