Written answers

Tuesday, 30 May 2017

Department of Jobs, Enterprise and Innovation

Dairy Sector

Photo of Martin FerrisMartin Ferris (Kerry, Sinn Fein)
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618. To ask the Minister for Jobs, Enterprise and Innovation the organisation with responsibility for the regulation of robotic milking machines; and if she will make a statement on the matter. [25725/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Robotic milking machines fall within the definition of a machine under Directive 2006/42/EC of 17 May 2006 on machinery. This Directive contains provisions  for the protection of persons and, in respect of machinery for foodstuffs, contains provisions related to avoiding the risk of infection, sickness or  contagion.  The provisions of this Directive have been transposed into law by the European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008) "The Machinery Regulations".

The Machinery Regulations name the Health and Safety Authority as the competent authority, this includes responsibility for market surveillance. This responsibility includes the monitoring of all aspects of the process of making the products available on the market in Ireland. The Regulations also provide the competent authority with extensive enforcement powers and penalties to be imposed for any failures in compliance.

Photo of Martin FerrisMartin Ferris (Kerry, Sinn Fein)
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619. To ask the Minister for Jobs, Enterprise and Innovation if a robotic milking machine manufacturer (details supplied) is governed by any regulation by her Department. [25726/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Robotic milking machines fall within the definition of a machine under Directive 2006/42/EC of 17 May 2006 on machinery. This Directive contains provisions  for the protection of persons and, in respect of machinery for foodstuffs,  contains provisions related to avoiding the risk of infection, sickness or  contagion. The provisions of this Directive have been transposed into law by the European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008).

These Regulations set out the responsibilities on manufacturers, importers and distributors in making machines available on the single market and first putting into use. The market surveillance authority in respect of these Regulations is the Health and Safety Authority (HSA). The HSA operates under the auspices of my Department.

Photo of Martin FerrisMartin Ferris (Kerry, Sinn Fein)
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620. To ask the Minister for Jobs, Enterprise and Innovation the complaints procedure open to purchasers of robotic milking machines. [25727/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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In the context of a compliant relating to a purchase, robotic milking machines are treated in the same way as any other product.

When a consumer or purchaser is not satisfied with the product purchased, the first point of contact should be with the retailer or distributor with whom the purchases took place.

Should the purchaser continue to be unsatisfied the consumer protection mechanisms of the State are available. The Competition and Consumer Protection Commission can be of assistance in relation to consumer rights regarding complaints about  purchase .

Alternatively, if the purchaser considers that the manufacturer has made any false declarations in regard to the product, they can make a formal compliant to the market surveillance authority responsible which in the case of robotic milking machines is the Health and Safety Authority www.HSA.ie

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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621. To ask the Minister for Jobs, Enterprise and Innovation the detail of the complaints procedure open to purchasers of robotic milking machines. [25877/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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In the context of a compliant relating to a purchase, robotic milking machines are treated in the same way as any other product.

When a consumer or purchaser is not satisfied with the product purchased, the first point of contact should be with the retailer or distributor with whom the purchases took place.

Should the purchaser continue to be unsatisfied the consumer protection mechanisms of the State are available. The Competition and Consumer Protection Commission can be of assistance in relation to consumer rights  regarding complaints about  purchase .

Alternatively, if the purchaser considers that the manufacturer has made any false declarations in regard to the product, they can make a formal compliant to the market surveillance authority responsible which in the case of robotic milking machines is the Health and Safety Authority www.HSA.ie

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