John Deasy (Waterford, Fine Gael)
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Question 77: To ask the Minister for Agriculture, Fisheries and Food his views on the fact that legislation currently being prepared at an EU level will not be sufficient in safeguarding the food industry here from loopholes in food labelling legislation; and if he will make a statement on the matter. [4994/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Minister for Health & Children has overall responsibility for the general food labelling legislation. Under the general labelling Directive (2000/13/EC), the place of origin of the foodstuff must be given only if its absence might mislead the consumer to a material degree. The European Commission is currently undertaking a major review of all food labelling legislation. In this context the Commission has prepared draft revised labelling regulations and these are being discussed at Council Working Party level in Brussels. These draft regulations will be submitted to the EU Council of Health ministers during 2009.

Notwithstanding the outcome of the current review on origin labelling my Department has taken steps to try to introduce origin labelling for meats other than beef, which is already subject to specific legislation since September 2000.

Regarding the labelling of poultry meat, there are EU Regulations, which provide for the labelling of unprocessed poultry meat at retail level. The Regulations require such poultry meat to be labelled with the information regarding class, price, condition, registered number of slaughterhouse or cutting plant and, where imported from a Third Country, an indication of country of origin.

My Department, in conjunction with the Department of Health and Children, drafted regulations that would require the country of origin to be indicated on pigmeat, poultry and sheepmeat. This was notified to the EU Commission in December 2007 as required by legislation. The Commission was not prepared to adopt the draft regulations in their present format on the grounds that the proposed legislation is not in compliance with EU food labelling regulations. The Commission's main contention is that only harmonised rules with EU-wide applicability may be applied to food labelling other than in exceptional circumstances. In March, the EU Commission delivered a negative opinion on the regulations but afforded Ireland an opportunity to provide further information in support of them. In the meantime, the Department provided additional details including the current misleading labelling practices and evidence of consumers' desire for country of origin labelling. However the EU Standing Committee on the Food Chain and Animal Health formally adopted the negative opinion in December 2008.

There is also the issue where a primary product can enter Ireland and be processed in some way thereby allowing it to be branded, as an Irish product, this is known as "substantial transformation" This terminology originates in WTO, CODEX and EU Legislation governing the EU Custom 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. This was one of the principal points made to the European Commission in the context of our request for their approval of our proposed national arrangements.

We will continue to pursue this issue in conjunction with Department of Health and Children, at EU level in the context of the current review. We are pressing for the inclusion of a requirement to indicate the origin of primary ingredients in finished products. In the meantime products carrying the Bord Bia quality assurance label provide consumers with assurance on product origin.