Seán Sherlock (Cork East, Labour)
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Question 100: To ask the Minister for Health and Children if her attention has been drawn to the hazard analysis and critical control points legislation emanating from the EU Commission; if she has liaised with food industry representatives here; if her attention has further been drawn to their concerns; when this updated legislation will be transposed into Irish law; and if she will make a statement on the matter. [7109/08]

Pat Gallagher (Donegal South West, Fianna Fail)
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I believe that the Deputy is referring to the proposal to amend Regulation (EC) No. 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs. This Regulation was introduced in January 2006 and its main aim is to ensure a high level of protection for the food consumer. The Regulation requires, inter alia, that food business operators put in place, implement and maintain a permanent procedure based on Hazard Analysis and Critical Control Point (HACCP) principles. This involves analyzing all potential hazards, identifying critical control points, establishing a critical limit for each point together with the monitoring, correcting, verifying and maintenance of records.

The current Regulation allows for flexibility in relation to compliance with the HACCP requirement by permitting low-risk operators to control food safety without the need to develop a full HACCP-based system. Additionally, the Regulation allows businesses to follow recognised guides to good practice where typical hazards and controls have been identified.

As part of its 2006 Strategic Review of Better Regulation in the European Union the Commission proposed to exempt "micro enterprises" from the requirement to put in place, implement and maintain a permanent procedure or procedures based on the hazard analysis and critical control points ("HACCP") principles. "Micro-enterprises" were defined in the proposal as having less than ten employees and an annual turnover or annual balance sheet total that does not exceed €2 million.

Ireland, together with most other Member States, opposed the proposed changes on the grounds that the system proposed would not be risk-based and that the existing flexibility arrangements were sufficient. Also, it was pointed out that many Irish retail and food service establishments would fall into the "micro-enterprise" category.

The Presidency proposed a range of amendments, none of which was acceptable to the majority of Member States. Finally, at a meeting of Attaches on 29th October 2007, the proposal was rejected. An amended version of this proposal was, however, adopted by the Environment Committee of the European Parliament in January of this year. However, Ireland retains its concerns, as outlined above, to this proposal.