Written Answers. - Food Regulations.
Phil Hogan
Ceist:
57
Mr. Hogan
asked the
Minister for Agriculture and Food
if he will outline the legislative basis available to him which allowed him to make regulations in relation to food additives, ingredients, hygiene and various substances such as illegal hormones that are banned from use in food; and if he will make a statement on the matter.
The powers exercised by me as Minister for Agriculture and Food in the areas referred to by the Deputy, are conferred on me by the following Acts:
Dairy Produce Act, 1924;
Creamery Act, 1928;
Milk and Dairies Act, 1935;
Agricultural Produce (Fresh Meat) Act, 1930;
Slaughter of Cattle and Sheep Act, 1934;
Pigs and Bacon Act, 1935;
Abattoirs Act, 1988.
The Dairy Produce Act, 1924; The Creamery Act, 1928 and The Milk and Dairies Act, 1935 set out procedures for the regulation and control, including hygiene aspects, of (a) the production and sale of milk for human consumption and (b) the manufacture of dairy products. Provision for the application of similar requirements in relation to the operation of meat export slaughter premises and bacon plants is contained in the Agricultural Produce (Fresh Meat) Act, 1930 and the Pigs and Bacon Act, 1935. The operational and hygiene standards applicable to abattoirs slaughtering for the domestic market are contained in regulations made under the Abattoirs Act, 1988.
In addition to the foregoing the European Communities Act, 1972 empowers me to make regulations, as and when required, for the purpose of implementing EC Directives relating to matters for which I am responsible. The provisions of the various directives on hormones and residues of other veterinary drugs are being implemented by means of regulations made under that Act in 1988 and 1990.
My colleague, the Minister for Health avails of a wide range of powers from a number of statutes to ensure control over food additives, ingredients and food hygiene.
The statutory basis for control exercised by him over the use of food additives is to be found in a series of regulations made under the Health Acts, 1947-70 and the European Communities Act, 1972. These regulations specify the additives which may be used in food and in some cases restrict the use of specified additives to certain foods up to specific limits. They are regularly updated to take account of EC Directives.
In addition the health Acts contain enabling powers for the making of regulations by the Minister for Health to prevent danger to the public health arising from the manufacture, distribution, importation or sale of food and for the making of compositional standards for foods which are of special importance to the public health.
The Food Hygiene Regulations, 1950-1989, set out statutory requirements in relation to food hygiene and food premises. They prohibit the sale for human consumption of food which is diseased, contaminated or otherwise unfit for human consumption and provide for the seizure of unfit food and for its destruction. In addition, a scheme of registration of food premises by the health boards is provided for. Premises registered by my Department under the Acts referred to earlier are exempt from these provisions.
The Minister for Health is also responsible for the Sale of Food and Drugs Act 1875 under which it is an offence to mix, colour, stain or powder any article of food with any ingredient or material so as to render the article injurious to health, with intent to sell the article in that state, or to sell to the prejudice of the purchaser any article of food which is not of the nature, substance and quality of the article demanded.
In addition to the broad offences mentioned, the Acts also lay down minimum compositional criteria for milk and certain producers, e.g. cream and butter.
The statutory controls are enforced by the health boards. Each health board conducts planned food sampling programmes under which different foods are sampled and analysed on a regular basis for compliance with the Sale of Food and Drugs Acts and the various regulations made under the Health Acts. Where a sample is found not to comply with the law, the analysts issue a certificate on the basis of which prosecution proceedings may be taken by the health board.
