Five Enforcement Orders Served on Food Businesses in March by FSAI
The Food Safety Authority of Ireland (FSAI) has reported that five Enforcement Orders were served on food businesses during the month of March for breaches of food safety legislation, pursuant to the FSAI Act, 1998 and the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020. The Enforcement Orders were issued by environmental health officers in the Health Service Executive (HSE) and officers of the FSAI.
Two Closure Orders were served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on Céile Homemade Catering in Dublin 24, and Lean & Green Meals in Navan, Co. Meath. A Prohibition Order was also served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on Lean & Green Meals.
One Closure Order was served under the FSAI Act, 1998 on Bay View (Take Away), Main Street, Carrigart, Co. Donegal.
A Prohibition Order was served under the FSAI Act, 1998 on Brazuca Market on Parnell Street, Dublin.
Closure Orders
Some of the reasons for the Closure Orders in March include; poor standard of cleanliness; cat litter tray and ashtray in food preparation areas; no food safety management procedures or associated monitoring records; lack of allergen information for consumers; operating as a food business without registration or approval; and the premises was filthy throughout.
Prohibition Orders
Some of the reasons Prohibition Orders were served include; operating as a food business without registration or approval; no food safety management procedures or associated monitoring records; food not being labelled with date of minimum durability ‘use by dates’; and lack of identification to verify origin of foodstuffs.
Dr Pamela Byrne, Chief Executive, FSAI, emphasised it is the responsibility of the food business owner to ensure that their food business is operating in line with the legal obligations and requirements under food law.
Disregard for compliance
“The Orders served represent a disregard for compliance with food legislation which has been put in place to protect consumers. It is wholly unacceptable that some food businesses are choosing to operate outside of the law and also that they did not register their business before they started operating. All food business owners, big or small, whether trading from a business premises, in the home, from a mobile unit, food truck and/or online, must be registered and must be operating in line with food safety and hygiene legislation. It is the responsibility of the food business owner to ensure the food they produce and sell is safe to eat, and that consumers are not misled. No matter where, how or from whom consumers buy food, it must be safe to eat, produced in an approved or registered food establishment and comply with food law. If a consumer is unsure or suspect there is an unusual activity being demonstrated by a food business, they can contact us via our online complaint form at https://www.fsai.ie/makeitbetter/ and we will investigate,” said Dr Byrne.
Improvement Orders
Details of the food businesses served with Enforcement Orders are published on the FSAI’s website at www.fsai.ie. Closure Orders and Improvement Orders will remain listed on the website for a period of three months from the date of when a premises is adjudged to have corrected its food safety issue, with Prohibition Orders being listed for a period of one month.
FSAI Act 1998
Under the FSAI Act, 1998, a Closure Order is served where it is deemed that there is or there is likely to be a grave and immediate danger to public health at or in the premises; or where an Improvement Order is not complied with. Closure Orders can refer to the immediate closure of all or part of the food premises, or all or some of its activities.
An Improvement Order may be issued by the District Court if an Improvement Notice is not complied with within a defined period. Further non-compliance can result in a Closure Order also being served. An Improvement Notice is served when it is deemed that any activity involving the handling, preparation, etc. of food or the condition of a premises (or part thereof) is of such a nature that if it persists it will or is likely to pose a risk to public health. A Prohibition Order 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.
Under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020, Closure Orders and Prohibition Orders are served where there is a non-compliance with food legislation.
Prohibition Orders
Date Served |
Date Lifted |
Premises |
Served On |
Business Type |
Agency Name |
Legislation |
Product Withdrawn |
Enforcement Order |
05/03/2021 |
11/03/2021 |
Brazuca Market, 145 Parnell Street, Dublin 1 |
Dayane Ferreira de Castro, Food Business Operator, Brazucas Limited |
Retailer – Other |
Health Service Executive |
FSAI Act 1998 |
14 pieces of red meat in vacuum packed clear plastic packaging, approximately weighing 1.5Kg and stored in a fridge unit located at this address. |
|
04/03/2021 |
10/03/2021 |
Lean & Green Meals, c/o Navan Soup Kitchen, 16A Brews Hill, Navan, Co. Meath, C15 PD77
|
Szymon Polgesek |
Service Sector – Other |
Food Safety Authority of Ireland |
European Union (Official Controls in Relation to Food Legislation) Regulations 2020 (S.I. No. 79 of 2020) |
All foods including all prepared meals. |