Seán Power (Kildare South, Fianna Fail)

The recent widely reported contamination of food products with an industrial dye — Sudan Red 1 — has given rise to legitimate concerns in the minds of consumers regarding the safety of food sold in our shops and served by restaurants and other cateringoutlets.

As has been widely reported, Sudan Red 1 is a synthetically produced red dye normally used for colouring solvents, oils, waxes, petrol and shoe and floor polishes. The International Agency for Research on Cancer, which operates under the World Health Organisation, rates this dye as a "class 3" carcinogen, or cancer-causing agent. Needless to say, it has no place in the foodchain but has been illegally used to enhance the colour of chilli powder and to increase its commercial value.

I welcome the opportunity to come before the Seanad to set out to Members and the public the position regarding this particular occurrence, the action taken by the responsible authorities within the State in response, the wider EU regulatory framework and, most importantly, the implications for the health of the public.

I wish to put my remarks in context. The globalisation of the foodchain in recent years means that foodstuffs that not long ago were only available to most people as an occasional luxury or at certain times of the year are now available in a wide range of outlets at affordable prices. The potential downside is that there is increased vulnerability to contamination of a large number of food products by one rogue ingredient. In such a situation, the protection of consumers must take precedence over all other concerns. Therefore, it is vital that we have effective food safety controls in place. For member states of the European Union, almost all food controls now originate at EU rather than at national level.

Equally important is the need for food business operators to discharge their responsibilities. Recent changes to European food safety legislation have moved the responsibility for food safety from enforcement agencies to producers. For example, the food industry must ensure it only sources and uses wholesome and safe raw materials. All food businesses must also have robust traceability systems in place which record the ingredients and food products received, and their origin. In addition, systems must record what products are dispatched to which customers, the only exception being direct supply to final consumers.

However, responsibility does not rest solely with producers. Member states and the European Commission retain important responsibilities. For example, the European Commission operates a rapid alert system for food and feed. This e-mail based system connects EU member states with the Commission and with the European Food Safety Authority. The network is designed for the speedy communication of food problems originating or discovered in one member state which may pose threats to consumers in another. The Food Safety Authority of Ireland, FSAI, is our contact point for the network.

With regard to Sudan Red 1, the sharing of information through the network first alerted food control authorities across the EU to the contamination of food products with this unapproved dye. Following the detection of the dye, which occurred in May 2003, a risk analysis was conducted and this led to the introduction of new EU rules in July 2003. These rules required that chilli powder imported into the European Union had to be tested and certified free of Sudan Red 1. At the same time, all member states were required to monitor and test products on the market for the illegal dye.

As with all additives, the use of colours in foods is strictly regulated. Only those additives on an approved list may be used under restricted circumstances. As Sudan Red 1 is not on an approved list, its use in foodstuffs is banned. The developments at EU level from May to July 2003 had the effect of introducing a more rigorous monitoring system for a dye that was already banned.

The current situation originated in the UK. While investigations by the UK authorities are continuing, it appears that the batch of contaminated chilli powder at the centre of the recent food recalls, five tonnes in total, was imported into the UK in 2002, prior to the introduction of the current import arrangements. The company involved used the batch to produce Crosse and Blackwell Worcester sauce. This sauce in turn was sold to almost 200 food businesses that used it as an ingredient in about 470 food products. Contaminated food products were then distributed to at least 15 countries around the world, including Ireland, leading to the recent series of product recalls.

Recalls and withdrawals of food from the market for whatever reason can occur from time to time. However, contamination across such a wide range of products is unprecedented and has resulted in the largest food recall in Ireland to date.

I wish to outline the sequence of recent events to put on record the response of the Irish food safety authorities. The appropriate official agency, the Food Safety Authority of Ireland, was informed of the problem on 15 February. The notification came from the equivalent UK body, the Food Standards Agency. Based on the information received, the FSAI identified and contacted Irish food manufacturers and distributors on 16 February. Since then, the authority has continued to work with food business operators to identify the affected products on the market and remove them from sale. The FSAI also sought to inform consumers about the nature and extent of the problem through the media and its advice line and website.

Thereafter, the authority took further action. On 17 February, all major retailers were contacted in writing and advised to ensure the removal of affected products from sale and to inform consumers at the point of sale of the recall to enable them to identify and return affected products. In addition, manufacturers based in Ireland were reminded of the need to notify the public if any of their products were implicated. On 18 February, the FSAI issued a press release containing the full list of identified products known at that time. The list was placed on the FSAI website and was published in the press. The operation of the advice line for consumer inquiries also commenced on 18 February.

In a further response to the situation, on Monday, 20 February, an updated list of contaminated products was published on the FSAI website and was distributed to all retailers. Additional written advice issued to retailers to ensure that all operators, including small stores, were aware of the recall and had taken action to remove affected products from sale. On 21 February, further instructions were issued to retailers, wholesalers and caterers regarding the identification and removal of affected products from premises.

In setting out the above sequence of events, I have gone into considerable detail but it is important to provide this level of factual information to reassure Senators and the wider public that effective and timely action was taken by the relevant authorities in response to a rapidly changing situation.

The practical outcome of this series of actions was that, in all, approximately 60 products have been recalled from the Irish market. These include ready-made meals such as shepherd's pie, pasta bake, chicken wings, sausage casserole, pizza and chilli con carne. Some of the country's biggest domestic and multinational food businesses are involved. The food industry co-operated well with the FSAI in identifying and removing affected products from sale, as the public is entitled to expect.

The key concern for my Department is the potential risk to consumers' health. The scientific evidence shows clearly that Sudan Red 1 is a carcinogen. While exposure to a carcinogen increases the risk of cancer, it does not automatically mean that an exposed person will develop cancer. By way of a parallel, we all know that smoking causes cancer but smoking one cigarette will not cause cancer. The issue of concern is exposure to a carcinogen over a period of time, while the level of exposure is also a factor. Nevertheless, consumers are entitled to demand that they are not exposed to such substances and the aim must be to ensure they are not. It is not possible to quantify precisely the risk posed by Sudan Red 1. The FSAI advises that at the levels found in the affected food products, the risk of anyone developing cancer specifically because of its presence is small or very small.

There is also an issue in regard to the continuing monitoring for Sudan Red 1. Since 2003, when the new EU rules on the importation of chilli powders were introduced, member states have increased routine testing of products that might contain Sudan Red 1. This monitoring has been conducted in Ireland by the FSAI and by the official agencies which operate our national food surveillance programme. The surveillance programme was already in place but was adapted to check for the presence of Sudan Red 1 in response to the EU measure. During 2004, a total of 166 products were collected by environmental health officers and sent for laboratory testing. Of the 166 samples, four tested positive for Sudan 1 — three curry sauces and one sample of curry beans. The contaminated products were removed from the market and destroyed and the surveillance programme continues.

In such circumstances it is entirely understandable that consumers are worried about potential health implications and steps were taken to provide this information. The Food Safety Authority of Ireland's helpline took 650 calls in one day, as much as it normally takes in a month. Similarly, the FSAI website was in big demand — receiving 22,000 hits in one day compared with normal levels of about 400. FSAI staff took part in 54 radio interviews and answered numerous other press queries. This effort was designed to ensure that the public received timely and factual information in response to their very genuine concerns.

Situations such as these require careful judgment. If the authorities act too slowly while awaiting full information, they will be accused of complacency but if they act too hastily, without adequate knowledge, they are open to the accusation of scaremongering. When the FSAI was established it was given a clear remit to put the interest of consumers first. I am satisfied that the FSAI acted rapidly and responsibly in the interests of consumers by providing full information and by working with other agencies and the food industry to ensure that affected products were speedily removed from the market.

Finally, I must turn to the food sector itself, which has the primary responsibility for food safety. Just as not every workplace can have an industrial inspector on site all the time, every food outlet cannot have an inspector on the premises all the time. No matter how vigilant the food control authorities are, the reality is that only the industry can make food safe.

The systems in place take account of this fact. EU Regulation 178 of 2002 requires food business operators to withdraw from the market food which poses a threat to consumers. Operators are obliged to go further and inform the authorities and, where necessary, consumers of such recalls. While in the past responsible operators may have done so voluntarily, all food business operators are now legally obliged to provide this information. Furthermore, as I mentioned, all food business operators are also obliged to have traceability systems in place. Such systems are essential for dealing with situations such as the one in which we have found ourselves. The FSAI has published guidelines on traceability and recall. I recommend that all food business operators read and adopt them if they are to maintain the confidence of consumers who are growing rightfully more demanding and discerning.

Again, I am grateful for this opportunity to address the Seanad on this important issue.