Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 257: To ask the Minister for Health the number of instances in which non-compliance with food labelling has been detected in each of the past five years to date in 2011; and if he will make a statement on the matter. [40051/11]

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

Responsibility for the enforcement of food labelling legislation rests with the Food Safety Authority of Ireland (FSAI) and its official agents, which include the Health Service Executive (HSE), the Department of Agriculture, Food and the Marine (DAFM), Local Authorities (LAs) and the Sea Fisheries Protection Authority (SFPA).

In 2008 the HSE, carried out 18,068 food labelling inspections which identified 2,866 non-compliances. In 2009 54,177 food labelling inspections identified 8,425 non-compliances. In 2010, 52,571 food labelling inspections identified 7,079 non-compliances. No data is available for 2007 and the data for 2011 is not yet available. It should be noted that in the course of an inspection, an inspector may check compliance with one or more labelling regulations. Many of these non-compliances might be for minor food labelling infringements and Environmental Health Officers follow-up on all of these non-compliances with the food business operators to ensure future compliance. In the other official agencies, food labels are checked at production level as part of routine food controls. The number of inspections specifically on food labels is not separately recorded.

DAFM Egg and Poultry Inspectors verify compliance with labelling and the marketing standards for eggs and poultry from primary production through to retail. In 2007, DAFM undertook 1,349 inspections in poultry producer establishments to verify compliance with the Labelling and Marketing Standards for poultry, of which 10 non-compliances were identified. In 2008 DAFM undertook 1,409 inspections in poultry producer establishments to verify compliance with these standards for poultry, of which 28 non-compliances were identified. In 2009 DAFM undertook 1,432 inspections in these establishments and identified 20 non-compliances. In 2010 DAFM undertook 1,359 inspections in these establishments and identified 7 non-compliances. FSAI has also carried out, in co-ordination with the official agencies, labelling surveys on specific aspects of the nutrition and health claims legislation, allergen labelling, fish and fish products and gas-flushed chicken fillets.

Following on from the inspections the official agencies undertake appropriate enforcement action with the food businesses. They also verify that compliance is achieved. As already indicated above in most cases breaches of labelling legislation do not pose a serious risk to public health and compliance with the legislation is done through the provision of advice to the food business and appropriate changes to the food label.

In May 2009 a prosecution was taken by the FSAI against a food business in Galway for breaches including the Labelling of Fishery and Aquaculture Products regulations 2003. One 2009 HSE prosecution cited offences under the 2006 Country of Origin of Beef regulations and a further prosecution cited the Beef Labelling regulations 2000. In 2010 four HSE prosecutions cited offences under labelling legislation including the general labelling, country of origin of beef, fish labelling and beef labelling regulations.