Mary Upton (Dublin South Central, Labour)
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Question 187: To ask the Tánaiste and Minister for Health and Children her views on the conditions and requirements set down for country markets with regard to food safety; the way in which these compare with conditions in other European countries; and if she will make a statement on the matter. [38379/05]

Seán Power (Kildare South, Fianna Fail)
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Food safety legislation in Ireland derives in the main from our membership of the European Union and in this regard on 1 January 2006, new European food and feed hygiene legislation came into effect. The hygiene package is a legislative package which merges, harmonises and simplifies detailed and complex hygiene requirements previously contained in a number of Council directives and creates a single transparent hygiene policy which is applicable to all food operators. The principal objective of the new general and specific hygiene rules is to ensure a high level of consumer protection with regard to food safety. To this end an integrated approach is necessary to ensure food safety from the place of primary production up to and including placing on the market or export.

The hygiene package is applicable to and binding in its entirety on all members states and thus food business operators in all member states must comply with its requirements. While the same rules must be complied with across the EU, it is a matter for each member state to determine the particular enforcement provisions and penalties within its jurisdiction. My Department is finalising a statutory instrument which will include the necessary enforcement provisions to enable authorised officers to react to and deal with situations posing a food safety risk.

The hygiene package sets out specific requirements for food stalls, mobile food vans and other temporary and mobile food businesses such as those operating at markets. Requirements relate to the site, construction and condition of the premises, along with the need to make provision for facilities for hand-washing, cleaning, appropriate food contact surfaces, hygienic storage of food, temperature control and waste disposal. While the primary responsibility for food safety rests with food business operators, it is a matter for the Food Safety Authority of Ireland, FSAI, as competent authority for the enforcement of food safety legislation, to ensure compliance with the relevant legislation. The authority carries out its enforcement functions through service contracts with official agencies. Country markets are therefore subject to inspection by the FSAI's official agencies, for example, environmental health officers from the Health Service Executive.

To ensure that the stalls operating at such markets meet the highest food safety and hygiene standards, the FSAI have prepared a guidance note on food stalls in association with environmental health officers and Irish food market traders. I am satisfied that these legislative requirements are sufficient to ensure that food safety is not compromised and that public health is protected.