Bernard Durkan (Kildare North, Fine Gael)
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Question 191: To ask the Minister for Agriculture, Fisheries and Food the extent to which he directly or in conjunction with his EU colleagues will ensure rigorous enforcement of food traceability and quality standards throughout the European Union with particular reference to food imports and the need to ensure that traceability, labelling, hygiene, quality and husbandry standards for all imports are strictly in accordance with those applicable with the European Union without exception; if there is full co-operation to ensure that all products imported from third countries are not repossessed or relabelled to give a false impression of its origin or to undermine or underprice the quality and standards of products produced in Europe; and if he will make a statement on the matter. [3897/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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In general, responsibility for enforcement of labelling legislation rests with the Food Safety Authority of Ireland (FSAI) through its service contracts with my Department, the Sea Fisheries Protection Authority, the Health Services Executive, the Local Authorities and the National Consumer Agency.

My Department has responsibility for the operation of EU controls on imports of products of animal origin under its service contract and in compliance with harmonized Community rules on the hygiene of food and feed. These stipulate that food products of animal origin produced and traded from an EU source must be from approved food business establishments and be accompanied to destination by a commercial document or a health certificate signed by an official veterinarian of the competent authority of the Member State of origin.

In the case of importation from third countries food products of animal origin must have originated in a country that has been approved by the EU for trade in the animal product in question and from an approved establishment, be labelled as to origin and be appropriately transported. Approval for export to the EU is continuously assessed by the EU's Food & Veterinary Office (FVO). This takes into account whether the controls operated by a third country on the production and processing of products of animal origin can offer equivalent guarantees as to food safety to controls that are operating in the EU. At importation consignments must be accompanied by a veterinary health certificate in accordance with the models laid down by Community legislation.

Where there are risks to animal and public health, and in cases of animal disease outbreaks, the Community introduces safeguard measures banning or restricting imports until the risks have been removed.

My Department undertakes import controls in co-operation with Customs services.

Consignments from third countries must be landed at an EU approved Border Inspection Post (BIP) approved by the Food and Veterinary Office of the EU (FVO) for veterinary checks. Consignments of animal products remain under Customs control until the BIP has authorised entry into the EU.

Any imports failing to comply with these veterinary control checks may be detained for further examination. Where non-compliance is established they are returned to the exporting country or destroyed.

The scope of products of animal origin coming under these requirements are set out under Commission Decision No. 2007/275/EC11 Official Journal of the European Communities No. L116 of 4.5.2007 which also provides an exemption from border inspection in the case of certain composite and specified food products comprising processed low risk animal products and plant products. These products however must comply with public health requirements for their placing on the market.

The FVO monitors and inspects each Member State controls on Food Safety including the operation of BIPs to ensure the conditions for import and placing of animal products on to the market, as provided under the harmonized legislation, are being correctly applied.

Under Commission Regulation (EC) No 1580/2007, as amended, traders offering fresh fruit and vegetables for sale are responsible for ensuring the products meet minimum quality requirements and are correctly as well as clearly labelled including country of origin.

Under the EU's Hygiene of Food & Feed Regulations new harmonized import controls were introduced on 25 January on certain non-animal food products and animal feed ingredients coming from regions where risks to food safety have detected. These controls providing for pre-notification of import, inspection, sampling and analysis will be operated by the Health & Safety Executive and by my Department.

Under the current food labeling Directive 2003/13/EC the compulsory indication of the particulars of the place of origin or provenance is required where failure to give such might mislead the consumer to a material degree as to the true provenance of the foodstuff. Enforcement of this legislation is the responsibility of the Food Safety Authority of Ireland.