The Food Safety Authority of Ireland has a number of enforcment powers as laid out in The Food Safety Authority of Ireland Act, 1998. See its powers listed and explained below.
Enforcement Powers
Enforcement powers under the FSAI Act 1998
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Improvement Notice
An Improvement Notice is issued, following consultation with a ‘Designated’ officer, when an Authorised Officer is of the opinion that a premises or practice is of such a nature that if it persists, it will or is likely to pose a risk to public health.
Improvement Notices are NOT listed on our website.
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Improvement Order
It is issued by the District Court if an Improvement Notice is not complied with.
An Improvement Notice is issued where in the opinion of the authorised officer:
- any activity involving the handling, preparation, etc., of food, or
- the condition of a premises (or part thereof) where this activity takes place is such that if it persists, it will or is likely to pose a risk to public health.
Improvement orders remain listed in the enforcement reports for a period of three months from the date the order was lifted.
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Closure Order
It is issued if in the opinion of the authorised officer, there is or there is likely to be a grave and immediate danger to public health at/or in the food premises. Closures Orders can refer to the immediate closure of all or part of the food premises, or all or some of its activities. The Orders may be lifted when the premises has improved to the satisfaction of the authorised officer. Failure to comply with an Improvement Order may also result in the issuing of a Closure Order.
Closure orders remain listed in the enforcement reports for a period of three months from the date the order was lifted.
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Prohibition Order
It is issued if the activities (handling, processing, disposal, manufacturing, storage, distribution or selling food) involve or are likely to involve a serious risk to public health from a particular product, class, batch or item of food. The effect is to prohibit the sale of the product, either temporarily or permanently.
Prohibition orders remain listed in the enforcement reports for a period of one month from the date the order was lifted.
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Other Types of Orders
Enforcement under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 (S.I. No 79 of 2020)
Closure Order under S.I. No. 79 of 2020
It may be issued if in the opinion of the authorised officer, there is non-compliance with food legislation by a food business operator. Closures Orders can refer to the immediate closure of all or part of the food premises, or all or some of its activities. The Orders may be lifted when the premises has improved to the satisfaction of the authorised officer.
Closure orders remain listed in the enforcement reports for a period of three months from the date the order was lifted.
Prohibition Order under S.I. No. 79 of 2020
It may be issued if in the opinion of the authorised officer, there is non-compliance with food legislation by a food business operator, relating to a particular consignment, class, batch or item of food. The effect is to prohibit the sale of the product, either temporarily or permanently.
Prohibition orders remain listed in the enforcement reports for a period of one month from the date the order was lifted.
Note: Orders may pertain to all or part of a food premises, the cessation of all or some of the activities thereat, or the withdrawal/detainment/destruction of described foodstuffs.