Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 214: To ask the Minister for Agriculture, Fisheries and Food if, in view of the pan European law allowing the sale of raw milk in the EU with a special derogation to each member state, he will maintain this dispensation to farmers here. [41179/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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While the EU Hygiene Regulations introduced in January 2006 includes a derogation for direct sales at local level for primary producers, it also provides that a Member State may introduce a national measure to prohibit or restrict the placing on the market within its own territory of raw milk or raw cream intended for direct human consumption. It is a well-documented fact that raw milk is a vehicle for the transmission of several pathogens including E.ColiO157: H7 and Mycobacterium bovis. These two examples alone pose a serious risk to public health particularly in the very young and the aged.

The Scientific Committee of the Food Safety Authority of Ireland in its report "Zoonotic Tuberculosis and Food Safety" identified the consumption of unpasteurised cows or goats milk on the farm as representing a hazard to humans not only in relation to M.bovis but also in relation to other pathogenic bacteria. The report recommended that all milk should be pasteurised prior to consumption and that those who wish to consume milk produced on their own farm should use small-scale domestic pasteurisation units to reduce the risk of milk borne infection with M.bovis.

A public consultation process was undertaken last year and resulted in the receipt of submissions from interested parties relating to the proposal to extend the ban on the sale of raw cows milk to milk from sheep and goats. Following examination of these submissions by my Department's experts it was decided, with the agreement and support of the FSAI, that the consumption of unpasteurised milk is an unnecessary and unacceptable risk to public health and that a ban on the sale or supply of unpasteurised milk from all species should be implemented.

The draft legal instrument to introduce this ban is at an advanced stage. Officials from my Department have been in consultation with the Department of Health and Children with a view to implementing the ban by means of a Statutory Instrument under the Health Act of 1947 (as amended).

Introducing the proposed ban will involve notifying the EU Commission as required by EU Directive 98/34, which deals with the provision of information regarding technical standards and regulations. This process will commence shortly.