Michael Creed (Cork North West, Fine Gael)
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Question 257: To ask the Minister for Agriculture, Fisheries and Food the legislation governing the sale of unpasteurised milk; and if he will make a statement on the matter. [44689/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The draft legal instrument to introduce a ban on the sale of raw milk from all species for direct human consumption 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).

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 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.

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.