Food Safety Authority

FSAI

The Food Safety Authority of Ireland is established as an independent body. There is to be a chief executive of the Authority who is responsible for managing and controlling the Authority. Its terms and conditions are determined by the Minister with the consent of the Minister for Finance.

There is provision for the appointment of Staff and officers. The Board is to be funded out of monies advanced by the Oireachtas. There is a provision for superannuation arrangements.

The Authority shall establish a Food Safety Consultative Council. It is to consist of 24 members and to be broadly based and representative. The Minister may appoint not more than 12 members. Nominations are to be on the part of various bodies and departments. The remainder is appointed by the Board.

FSAI Functions

Its function is to take all reasonable steps to ensure that food produced in the State, distributed or marketed in the State, meets the highest standards of food safety and hygiene reasonably available.It shall take, in particular, all reasonable steps to ensure that food complies with food legislation in respect of food, safety and hygiene standards and, where appropriate, with generally recognised standards or codes of practice aimed at ensuring the achievement of high standards of food hygiene and food safety.

In order to achieve the highest level of protection reasonably available in the interests of public health and consumer protection, the Authority shall promote, encourage and foster at all stages of food production, from primary production to final use, the establishment and maintenance of high standards of food hygiene and safety. It shall undertake or arrange to have undertaken activities as it deems appropriate to foster and promote such standards. It shall carry out or arrange inspections carried out as are required to comply with food legislation.

The activities and food inspections to be carried out by the Authority shall be directed towards bringing about a general acceptance amongst producers, manufacturers, distributors, retailers and caterers of the principle in respect of any food placed on the market that the primary responsibility for the safety of food for human consumption is borne by them individually or as appropriate, collectively and as a consequence, each of the parties shall take all reasonable steps to ensure, in so far as that party is concerned, the safety and hygienic standard of that food.

Food Safety Assurance

The Authority may, by itself or with representatives of particular food businesses or organisations, establish food safety assurance schemes for the protection of consumers. They are to be established upon the best available practices and standards of food safety and hygiene available.

The Authority shall prepare guidelines to be observed by it in relation to the establishment of food safety assurance schemes. They shall require approval of the Board, following consultation with the Scientific Committee.

The Authority may endorse its approval of any food safety assurance scheme on terms and conditions which it specifies. The Authority shall monitor and report to the Board on the performance and implementation of food safety assurance schemes.

Advice to Minister

The Authority shall, at the request of the Minister, provide advice on issues relating to food, including.
• food-borne diseases,
• nutritional aspects of food,
• statutory developments regarding food safety and hygiene, technology and industrial practices, organisation and administration of systems for approval,
• licensing and registration and inspection of food premises,
• food production including cultivation of crops, vegetables etc.,
• labelling and packaging food,
• scope or improvements
• systems for communication of information to the public,
• any other matter relevant to food safety and hygiene.

The Authority shall collect and assess data. It may publish food legislation, codes of conduct and other relevant materials. It shall undertake assessments of statistical data on food-borne diseases as it considers appropriate or as the Minister requests.

Food Sale & Inspection

Without limiting the requirements of food legislation, the Authority, if requested and shall, if requested by an official agency, provide a system of certification of food for sale in such form as it considers appropriate. It may issue guidelines with respect to any certification provided by it.

The Authority shall keep the efficiency of the food inspection services under review. It shall report at least annually to the Minister. The Authority may undertake research projects and activities relating to food. It may participate in research projects and activities relating to food with entities outside the State.
The Minister may, confer additional functions on the Authority.

The Authority may charge for its services as it considers appropriate. The level of charges must be approved by the Minister. The Authority may recover charges as a simple contract debt.

Governance & Reporting

At the end of each financial year, the Authority must report to the Minister on its activities and the Minister shall cause the report to be laid before the Houses of the Oireachtas. It must furnish to the Minister information as the Minister may specify concerning the scope of its activities.

The chief executive, following an agreement with the Board, shall submit estimates of income and expenditure to the Minister and shall furnish information as shall be required in relation to such estimates. The chief executive, under the direction of the Board, shall cause accounts to be kept. The board, chief executive and other officers shall permit the Minister’s appointees to inspect books and accounts.

The chief executive is accountable in relation to the Authority to the Public Accounts Committee in relation to the regularity of its accounts, the economy and the efficiency of the Authority.

The legislation establishes a Board of the Authority to direct and carry out its functions. The Minister is to appoint members to the Board. There is to be a chairperson and nine ordinary members. The period of membership is a maximum of five years. Some members hold office for a lesser period.

Scientific Committee

There is to be a Scientific Committee to assist and advise the Board in relation to matters of a scientific nature referred to it by the Board and to perform functions assigned by the Board. The Scientific Committee is to consist of not less than 15 members. The members are appointed by the Minister following consultations with the Board.

The Scientific Committee is to advise the Board when requested on matters relating to scientific and technical questions in relation to food safety and hygiene, implementation of administration of food inspection services and the nutritional value or content of food.

The Scientific Committee may advise the Board and undertake such further matters of investigation, assessment, or research as it considers appropriate, having first informed the Board, initiate an investigation, assessment, or examination of matters related to food safety and hygiene as it considers appropriate. This is to be subject to its available budget and resources.

The Board or the Scientific Committee may form subcommittees. Members of each may be paid such remuneration as the Minister shall determine.