Food Safety Law

Older Food Hygiene Rules

The health legislation provided for the regulation of food and drink. This legislation has been obliged and supplemented by substantial amounts of food safety legislation within the last 20 years. Recent  European Union Legislation has supervened and/or supplemented this legislation.

The Minister for Health may make regulations regarding the prevention of danger to public health relating to

• the manufacture, preparation, importation, storage, distribution or exposure for sale of food intended for sale for human consumption.
• prevention of contamination food for human consumption.
• prohibition and prevention of sale or offering for sale of food and articles for food for human consumption, living animals, materials or articles which are diseased or otherwise unfit for human consumption.

Regulations may also be made protecting the interests of consumers, including in particular obligations requiring a person who operates retail, restaurant, or catering businesses to provide information about the country of origin of meat sold.

Food Standards & Composition

The Minister for Health may prescribe standards in respect of food and services. Regulations  may be made regarding

• the nature quality or amount of any substance to be contained in food:
• specifying substances not to be contained or limiting the amount thereof;
• provisions in relation to methods used and times taken in the manufacture, preparation and distribution of food;
• provisions regarding labelling and description.

The sale of food in breach of the legislation and regulations made under it constitutes an offence. Similarly, the preparation, manufacture and offering for sale in breach is an offence. Offering, preparing, manufacturing  or keeping for sale food for human consumption in breach of regulations in an offence,

Standards may be prescribed for the composition of food. Failure to sell conforming food is an offence. Where a standard has been prescribed in terms of composition by reference and is sold (etc.)  by reference, then if the brand is found not to conform, the Minister may prohibit the importation and sale of food of that brand or trade description. Failure to comply is an offence.

Food Controls

The Minister may  make regulations requiring suppliers of food

•  to furnish  samples for examination
• authorizing examination and certification of samples
• provisions for printing on the pack or container copies of the relevant certificates,
• prohibiting sale for  human consumption of food in a pack or container which does  not contain the  requisite label
• provisions prohibiting the sale for human consumption of food of a natural substance or quality inferior to the samples certified for examination.

Contravention of the regulations is an offence.

Regulations provide for the

• taking of samples or food intended for use in the preparation or manufacture of food
• test examination and analysis.
• persons responsible for carrying out test examination of samples.
• prescribing the means of test examination and analysis
• certificates, which shall be deemed evidence of the results of the test.

Enforcement

The Regulations may make provision for the enforcement of regulations by health authorities, the Department of Health, local authorities, Customs and Excise and the Department of Agriculture.

Persons may be authorised to seize, remove, detain and destroy;

• articles of food intended for human consumption;
• living animals intended for food;
• Materials and articles used or intended for use in the preparation of food that are diseased, contaminated, or otherwise unfit for human consumption or which will not comply with the regulation.

Provision may be made for the keeping of records by persons engaged in the manufacture preparation, importation, storage, distribution or sale of food and for the production of such records. Charges may be levied for the purpose of examination, certification and other services provided under the legislation. It is an offence for a person to obstruct the execution of the regulations by the authority.

Offences

It is an offence for a person who carries on the business of dealing in rags, bones, wastepaper, second-hand clothes, or similar articles to sell, barter or offer for sale, or barter of any food in or from a premises, place or vehicle used in connection such business.

In prosecutions for an offence under food hygiene regulations, food is deemed to be sold or bartered or intended for sale or barter unless proven otherwise. Material or articles found on a premises and used for the preparation or manufacture of foods for human consumption which is capable of being intended for use in such preparations are deemed so intended.

It is the defence in a prosecution in relation to the nature,  substance, quality or condition of food where it is shown that

• the  person purchased such  food as of such a nature substance or quality or in a condition which would not have contravened such regulation
• he had a written warranty  to that effect and
•  he had no reason to believe at the time when he sold such food that it was of different nature, quality or in a different condition and
• that he sold such food in the same state as when he purchased it.

Such a person may liable to pay the costs of prosecution unless he gives notice that he intended to rely on this defence. A statement by a manufacturer, importer, or seller of food as to its nature, substance, quality or condition and an invoice or a label or packet is deemed to be a warranty for purposes.

Food Premises

The Department of Health may be regulations specify classes of establishments to which the following provision apply. Establishments are schools, colleges, hospitals, sanitariums, nursing homes, hotels, restaurants, clubs, boarding houses, hostels or similar establishments.

Where such regulations apply, food kept for consumption in an establishment of the type specified is deemed, unless the contrary is proved, to be kept for human consumption. Unless the contrary is proved, it is deemed to be sold for human consumption.

Any material or article found in such establishment or used for or in the preparation of the food for consumption, which is capable of being intended for such preparation or manufacture shall be deemed until the contrary is proved to be so planned. It is presumed that the food is kept for human consumption.