Claire Kerrane
Question:138. Deputy Claire Kerrane asked the Minister for Health if he will advise on the process of food recalls by the FSAI in situations (details supplied); and if he will make a statement on the matter. [4427/24]
View answerWednesday, 31 January 2024
Questions (138)
Written answers
A recall can be initiated either by instruction from the FSAI/ Enforcement Agency or based on a decision taken by a food business operator. Article 14 of EC Regulation 178/2002 ‘General Food Law’, places a legal requirement on food businesses to ensure that the food they place on the market is safe to consume. Should food be found to be unsafe, then under Article 19 EC Regulation 178/2002, the food business is required to remove the entire implicated batch of food from the market, including initiating a product recall if that food has reached the consumer. Art 19 also places a requirement on food businesses to notify and cooperate with their supervising Enforcement Agency if they have placed unsafe food on the market.
How a recall is initiated will depend on how a hazard has been detected. In the event that the food business operator (FBO) detects a hazard, which implicates the food as unsafe (e.g. Salmonella in a ready-to-eat food), the FBO is required to initiate a recall from customers, as per their obligations under Art 19 EC Regulation 178/2002. They are also required to inform/cooperate with their enforcement agency and the FSAI. The business shall provide all relevant information to their enforcement agency.
A food recall may be initiated when the FSAI or an enforcement agency become aware of a food safety issue via its official controls. Under EU Regulation 2017/625 on official controls, there is a legal requirement for competent authorities to carry out ‘official controls’ to verify compliance with food legislation. Should unsafe food be detected on the market during official control activities, the FSAI/ Enforcement Agency notify the food business operator and instruct them to initiate a recall.
In regard to communicating to consumers, the FSAI will issue a food alert to Enforcement Agencies and to food distributors and retailers. The food alert will also be placed on the FSAI’s website. The food alert will contain as much information as is known about the food to assist the agencies in a rapid response. The food business will be instructed to issue point of sale notices to inform consumers of the risk and the reasons for the recall.
Communication to consumers is not required to confirm ‘food is safe again’ as all unsafe food is required to be removed from sale. Communications focus on informing consumers of the food being recalled, the associated risks and what to do if purchased or consumed. FSAI provides Guidance to Food Businesses on carrying out product recalls in its ‘Guidance Note 10: Product Recall and Traceability (Revision 3)’.
My officials are informed of the number of recalls on a quarterly basis by the FSAI.