Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 41: To ask the Minister for Agriculture and Food the final conclusion to the reported importation of animal feed contaminated with traces of bone; and if she will make a statement on the matter. [17326/05]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

There were two separate incidents, in the four week period from 18 October to 11 November 2004, in which traces of terrestrial animal bone were found in samples of imported feed material. The affected feed material and associated compound feed was subsequently impounded, recalled, where necessary, and detained by my Department.

The first incident refers to two consignments of sugar beet pulp, totalling around 4,160 tonnes, which were imported into Dundalk port from Germany, via Holland, on 18 and 22 October 2004. Testing carried out by the competent authorities in other member states discovered similar problems with imports of this particular material. Officials in my Department examined and accepted a proposal submitted by the importer to dispose of the contaminated material and associated compound feed.

In March of this year, the contaminated sugar beet pulp material was despatched under the supervision of Department officials to Holland for destruction by means of incineration at a power generation plant in that country. The dispatch of the associated compound feeding stuffs to Holland is scheduled to happen in the next few weeks and again it will be under the supervision of officials of my Department.

The second incident refers to a consignment of maize gluten, totalling around 6,515 tonnes, imported from the USA and part discharged at Foynes on 9 November and part in Ringaskiddy on 11 November. The original feed material and the associated compound feed has been recalled and is currently held in a number of secure stores in the country. The importer in this case sought a judicial review in the High Court of the powers used to issue the instructions to impound and recall the affected material. The judge ruled in favour of the importer. However, on the advice of senior counsel and considering the implications of the ruling for the current EU controls on processed animal proteins, my Department has lodged an appeal of the judgment with the Supreme Court and will ask its counsel to prepare papers which will hopefully result in a reference being made to the European Court of Justice on the interpretation of EU legislation and its effect.

Notwithstanding this, and without prejudice to liability, the importer has submitted a proposal to my Department for disposal of the contaminated material which involves the export of the material for incineration at a power generation plant. Officials of my Department have examined and accepted the proposal and it is anticipated that the export of the material will be carried out shortly under strict supervision.