Arthur Morgan (Louth, Sinn Fein)
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Question 1042: To ask the Minister for Agriculture, Fisheries and Food the reason imported agri-food products are able to use the same sell by dates as domestic producers despite the differences in dates of production; the way containment methods used in importing facilitate the imported agri food products in using the same sell by dates as products produced domestically; and if he will make a statement on the matter. [38689/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Sell-by dates are not provided for under the EU's Hygiene of Food and Feed Regulations and may be a feature of labelling used by stockists or distribution chains.

Date of Minimum Durability or use by date is defined under the labelling Directive No. 2000/13/EC and would be relevant to the Department of Health & Children and controls carried out by the HSE. It is required for foods, which from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute a danger to consumer health.

Food Business Operators (FBO) are required, according to HACCP principles, to apply microbiological controls to the products they process (Regulation (EC) No. 2073/2005) and place on to the market. These provisions enable the FBO to determine shelf life and set a use-by date appropriate to the product. These requirements apply to both imported and domestic products. Random sampling of products and processes is undertaken as part of EU's food hygiene controls by the competent authorities.

Equivalence in operational standards for animal health and food safety are the guarantees required of third countries and their establishments for approval to export food to the EU. The purpose of import control undertaken at EU approved Border Inspection Posts (BIP) is to satisfy that the conditions for import have been complied with. These include documentary, identity and physical inspections and sampling according to national residues monitoring programmes.

Arthur Morgan (Louth, Sinn Fein)
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Question 1043: To ask the Minister for Agriculture, Fisheries and Food his plans to introduce air miles labelling for all imported agri-food products. [38690/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Minister for Health & Children has overall responsibility for the general food labelling legislation Directive (2000/13/EC). Responsibility for the enforcement of this legislation rests with the Food Safety Authority of Ireland (F.S.A.I.). This is done through service contracts with other relevant agencies, including the Health Service Executive, the Local Authority Veterinary Service and my Department.

The 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. There are no proposals to introduce air mile labelling as unilateral application of such labelling by Ireland would not be supported at EU level.