John Deasy (Waterford, Fine Gael)
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Question 33: To ask the Minister for Agriculture and Food the measures which the pesticide control service of her Department is taking to restrict the illegal importation and sale of agri-chemicals; and if she will make a statement on the matter. [17300/05]

Damien English (Meath, Fine Gael)
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Question 46: To ask the Minister for Agriculture and Food the measures which the pesticide control service of her Department is taking to restrict the illegal importation and sale of agri-chemicals; and if she will make a statement on the matter. [17299/05]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I propose to answer Questions Nos. 33 and 46 together.

The House will be aware that it is an offence, punishable at the discretion of the courts by imprisonment for a term of six months or a fine not exceeding €3,000, or both, to import, place on the market or use a plant protection product which has not been registered. The regulatory system is designed to ensure a high level of protection for man, animals and the environment. While products included on the register are made available to end-users by a large number of distributors, distributors and farmers are free to source products from elsewhere provided they are registered in Ireland and subject to approval of their importation in each instance from my Department. The approval process for parallel imports involves simple checks to ensure the products to be imported are the same as those registered for use in Ireland and are appropriately labelled.

The enforcement programme involves routine and targeted inspections at the premises of wholesale and retail distributors and end users. Recent reports of illegal importation of plant protection products are being investigated. Where illegal products are found on the market, they are seized and subject to destruction at the owner's expense. Operators may also be subject to prosecution and fines up to €3,000 or six months imprisonment.

Denis Naughten (Longford-Roscommon, Fine Gael)
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The suggested illegal importation of plant pesticides would, if true, represent a blatant abuse of legislation. Can the Minister of State provide the House with a little more information on the steps being taken to address the matter?

There are indications that the pesticide control service does not have adequate powers to ensure thorough investigations can take place. It is claimed that the service does not have the power to enter a premises without the approval of the owner. Are there plans to amend legislation to provide ease of access to premises to carry out inspections?

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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While a representative association of companies in the sector alleged that certain products had been imported illegally, investigations to date have produced no evidence to support the claim. I emphasise, however, that investigations continue in parallel with the normal inspections programme. The Department's pesticide control service is very vigilant in implementing the regulations and legislation on the use, importation and labelling of pesticides.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Is the Minister of State satisfied that the legislation is adequate?

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I am.