Denis Naughten (Longford-Roscommon, Fine Gael)
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I thank the Ceann Comhairle for the opportunity to raise this important issue. I welcome the Minister of State, Deputy Tim O'Malley, but I had hoped the Tánaiste would deal with the issue because of the damning detail disclosed in this report.

An investigation of 90 food businesses completed in 2004 by the Food Safety Authority of Ireland revealed that consumers are regularly misled on the country of origin of beef, chicken and salmon. Inspectors visited five agents, nine wholesalers, 29 food processors, 12 hotels and restaurants, 31 shops and supermarkets, two cold stores and two slaughter plants. The report highlighted passing off imported salmon as Irish and labelling "farmed" salmon as "wild", South American beef labelled and marketed as Irish, Belgian chicken labelled "Produced in Ireland" and the "use by" date on food products tampered with. In more than one fifth of shops and supermarkets information regarding loose and packaged beef did not adequately inform the consumer as required by beef labelling regulations.

The FSAI refused to publish the report, claiming that it was to carry out a more extensive report in 2005. However, no report was produced and it will now not comment on the report which was eventually disclosed through the Freedom of Information Act. Although the Departments of Agriculture and Food and Health and Children have been aware of the contents of this report for more than 12 months, nothing has happened. Consumers have rights and should be able to tell easily from the labels on food where exactly it comes from.

The report states:

Where the audit team were not in a position to verify through labelling or commercial documentation that beef being marketed as Irish, was in fact Irish, official samples were taken. Of the official samples taken 4 (14.8%) tested positive for the presence of the Zebu gene which indicated that this beef originated in South America. In each of these cases, the result was reported to the proprietor and the official agency with responsibility for supervising the premises. The official agency carried out any follow up with the premises involved. This follow up may have included audits and/or re-assessment of the traceability and recall procedures in place in these establishments to ensure the consumer was not being misled with respect to country of origin declarations.

What follow-up procedures were carried out and what was the result of those reassessments following the report of the FSAI that was brought to the attention of the official agencies? What have the Departments of Agriculture and Food, and Health and Children done since they became aware of this report? A farmer who failed to meet the law laid down on traceability tagging systems would have the full weight of the Department of Agriculture and Food and the special investigations unit on top of him. His animals would be seized, his farm would be closed and he would not be able to dispose of any animal. Deputy Connaughton has raised a similar issue regarding a farmer who could not be paid by a slaughter facility as the tags were missing from an animal. The farmer was required to go through genetic testing to prove that the animal came from his farm. We seem to have one standard for the farming community and another standard for the processing industry.

The Government has been blatantly negligent in this abuse of our food labelling and traceability systems. The report of the Food Safety Authority of Ireland into traceability and recall systems is damning and the Government has done nothing about it. Pork from the United States of America, chicken from south-east Asia, lamb from New Zealand, beef from Brazil and vegetables from Israel are all being served on restaurant tables or used in Irish processed foods and being passed off as Irish food products. That is unacceptable. Irish consumers are shopping blindfolded and are being misled as to what is going on. A chicken fillet can be imported from Asia, bread-crumbed and called an Irish product. That cannot and should not be tolerated any longer.

Tim O'Malley (Limerick East, Progressive Democrats)
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I thank the Deputy for raising the matter on the Adjournment this evening. No doubt the Deputy is referring to a document entitled, Report of the Food Safety of Authority of Ireland Audit to determine compliance with Labelling and Traceability Requirements, which was released recently to a Sunday newspaper under a freedom of information request. The document in question was an internal report of the Food Safety Authority of Ireland. It had not been published or distributed outside the authority until the freedom of information request.

Food businesses are required to manage food safety proactively. A traceability system is an essential element of a food safety management system as it provides a means by which a food company can track and trace any foodstuff that is suspect or unsafe. European Regulation 178/2002 of 28 January 2002 lays down the general principles and requirements of food law, establishes the European Food Safety Authority and lays down procedures in matters of food safety. The traceability and recall elements of this regulation, which are applicable from 1 January 2005, require food and feed business operators to have a traceability system in place.

More than two years ago, the FSAI undertook an audit to determine whether food business operators in the fish, beef and poultry industries had in place a system of product traceability and recall. The audit, which covered 90 food businesses, also examined compliance with general labelling requirements, with particular reference to country of origin declarations. The findings of the audit, which included food businesses in the service and retail sectors, indicated that traceability systems need improvement. Labelling deficiencies were also found in some instances. Each proprietor was furnished with an inspector's report, which was also made available to the official agencies whose staff were part of the audit in the vast majority of visits and who are responsible for day-to-day enforcement of labelling requirements.

Given the small scale of the 2004 audit — only 90 food businesses from a national total of more than 44,000 were visited — the FSAI decided not to publish the report. Until recently, the emphasis in food law has been on hygiene and structural arrangements. Accordingly the food inspection staff — environmental health officers, sea fishery officers and veterinary officers — concentrated on the enforcement of the hygiene and safety aspects of food law. However, the FSAI and its agencies also recognise the importance of labelling and traceability of food. For instance in 2004 in the course of routine inspections, the environmental health officers in the Health Service Executive detected and dealt with 909 infringements of regulations for the labelling and presentation of food.

There is already a strong legal framework in place in the area of food traceability and recall. Nevertheless, this will be further strengthened by regulations being drafted in my Department, in consultation with other Departments and Government agencies, which will provide for sanctions and penalties in cases where food business operators do not have proper traceability and recall systems.

The Government's commitment to inform the consumer is evidenced by the work of my colleague, the Minister for Agriculture and Food, who is developing additional legislation on the labelling and provision of information on country of origin of meat sold in restaurants and other catering outlets.

While it is important that the food labelling and traceability requirements are enforced at retail level, it is critical that such laws are enforced at the point of production, manufacture or import of food before products are further distributed in the food chain. Recognising this need, the FSAI has ensured that compliance with food labelling and traceability legislation is included in the service contracts with its official agencies.

The FSAI, together with its official agencies, has also published extensive guidance on food labelling for the benefit of both the food sector and its official agency staff. This guidance is being updated to take account of more recent developments in food law.

As part of the ongoing controls to ensure adherence to the requirements of labelling and traceability, this year the FSAI proposes to conduct a series of checks on various sectors of the food industry in conjunction with staff in its official agencies. I would like to assure the Deputy that it is intended that the results of these audits will be published. Where it is proved to be the case that there is a deliberate intention to mislead the consumer, action will be taken against the food businesses concerned. Consumers must have the confidence in Irish food business operators to produce not only safe food, but food which is properly labelled and traceable. The FSAI has informed me that it will continue to ensure that consumers' interests are protected by ensuring adequate enforcement of the regulations.