Joe Carey (Clare, Fine Gael)
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Question 302: To ask the Minister for Agriculture, Fisheries and Food her views on the fact that food products being labelled as Irish are being produced in other countries; the steps she will take to regularise this situation to ensure that country of origin is shown on the label; and if she will make a statement on the matter. [26907/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Minister for Health & Children has overall responsibility for the general food labelling legislation. Responsibility for enforcement of labelling legislation rests with the Food Safety Authority of Ireland (FSAI) through its service contracts with my Department, the Sea Fisheries Protection Agency, the Health Services Executive, the Local Authorities and the National Consumer Agency.

The particular issue referred to in this question is where a primary product can enter Ireland and processed in some way thereby allowing it to be branded as an Irish product is known as "substantial transformation". This terminology originates in WTO, Codex and EU legislation governing the EU Customs Code and therefore can only be amended at EU level. I have been concerned that this arrangement could, in certain circumstances, be used to mislead the consumers as to the origin of the raw materials used in certain products. I am not satisfied with the current legal position and have raised my concerns at EU Council level.

The EU Commission is currently reviewing the whole area of food labelling and in that context my Department contributed to Ireland's submission which was co-ordinated by the Department of Health & Children. Within this submission Ireland again raised the matter of the unsatisfactory nature of the concept of substantial transformation and the possibility of it being used to disguise the origin of products from the public. I believe that the concept of substantial transformation needs to be more clearly defined and I will continue to urge the Commission to address this problem.

In the meantime my Department has been involved in consultations with the Department of Health and Children on drafting new regulations to require operators in the retail and catering sectors to provide country of origin information on poultrymeat, pigmeat and sheepmeat as is the case with beef.

A public consultation on the proposed regulations took place during the past month via the website of the Food Safety Authority of Ireland with the final date for receipt of comments being the 19th October. These comments will now be examined and the proposed legislation will be reviewed in the light of comments received. Thereafter the draft legislation will be forwarded to the European Commission. The commencement date for the legislation will depend on the Commission's response and possibly that of other Member States.

In the proposed legislation 'origin' will be defined as the country where the animal was reared and, if different, the country of slaughter. This will have to be indicated on meat and meat products containing over 70% meat. Regardless of the nature, extent or location of processing or packaging that has gone into the manufacture of the product the requirement to show actual country of rearing and slaughter of the animal will remain in place and this will not be superseded by any 'substantial transformation'.