The Food Safety Authority of Ireland (FSAI) has reported that 12 Enforcement Orders were served on food businesses during the month of June 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.

Five Closure Orders were served under the FSAI Act, 1998 on:

• Shi Wang Yun (restaurant/café), 106 Parnell Street, Dublin 1
• Iceland Ireland, Unit 4, Bargaintown Complex, Greencastle Retail Park, Malahide Road, Coolock
• Lynn’s Pantry (foods of non-animal origin processing), Backwood, Cloneygowan, Tullamore, Offaly
• Discoveryland Crèche & Montessori, 14 Newlands, Wexford
• The Music Café, Grattan House, 1 Wellington Quay, Dublin 2

Five Closure Orders were served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

• Into the West (public house) (Closed activities: operations from the kitchen only. The serving of beverages from the bar area is not affected by this closure order), Sheepwalk, Frenchpark, Roscommon
• Mizzonis Pizza Café, Unit 4, Sentinel Building, Adamstown, Lucan, Co. Dublin
• Wok on Inn (Closed activities of the business trading as Wok on Inn, and https:// wokon-inn-dublin. com/, https:// www. facebook.com/wokoninn. dublin/), 16 Amiens Street, Dublin 1
• Chef Kebab (take away), Castle Street, Roscommon
• J2 Sushi, Unit 3, Food Court, Jervis Shopping Centre, Mary Street, Dublin 1

Two Prohibition Orders were served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

• Iceland Ireland, 6th Floor, South Bank House, Barrow Street House, Dublin 4
• OnlyFish! (take away), 4 Manor Lane, Ovens, Cork

Some of the reasons for the Enforcement Orders in June include: a history of rodent activity with droppings found near fruit juice intended for children; open, ready-to-eat foods such as fresh lettuce suspected as having come into contact with rodents, with a likely risk of Salmonella; heavy cockroach activity in the kitchen, with dozens of live cockroaches spotted moving around food preparation areas, on the walls, floors, fridges, and inside food storage containers; a lack of adequate traceability systems and procedures for all products, undermining consumer safety; a failure to maintain the cold chain with insufficient fridge space to safely store high risk foods such as cooked rice and pasta; rodent droppings noted in the service area and near food storage; risk of cross contamination with ready-to-eat food such as smoked salmon stored next to raw food such as chicken and pork chops; and inadequate ventilation throughout the premises, evident by the large build-up of mould on the walls, ceilings and external doors.

Dr Pamela Byrne, Chief Executive, FSAI, said that any food business found to be failing its legal food safety and hygiene requirements will face the rigours of the law.

“When a food business fails to combat pest infestations, maintain the cold chain, or provide sufficient traceability information for food products on their premises, they are putting the health of their customers and staff at risk. Cross-contamination of foods has also been an issue with food businesses this month and this is not unacceptable. While inspectors are available to answer questions and provide guidance, they have a duty to protect public health and will issue Enforcement Orders when businesses contravene the expected food safety standards. Consumers have a right to safe food and we call on all food businesses to ensure they are fulfilling this requirement on a daily basis,” said Dr Byrne.

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 in the enforcement reports 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. 

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One Closure Order was served under the FSAI Act, 1998 on:

• (Letterkenny) Spiceland (fishmonger), Unit 1, Green Isle Park, Port Road, Ballyraine, Letterkenny, Co. Donegal

One Closure Order were served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

• Happy Valley Chinese Take-Away, 3 Main Street, Duleek, Meath

One Prohibition Order was served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

• World of Spices, 12 Talbot Street, Dublin 1

One Prohibition Order was served under the FSAI Act, 1998 on:

• Premises occupied by Antanas Damarodas at Lacken, Latton, Castleblayney, Co. Monaghan

Some of the reasons for the Enforcement Orders in January include: a live rodent was found in the kitchen; widespread evidence of a mouse infestation throughout the premises, with mouse droppings found in the retail, storage and delivery areas of the shop; meat stored in an unregistered and unapproved premises and the origin of the meat on the premises was unknown; a lack of information on product traceability; lack of information regarding allergen information as well as production, handling, distribution and storage processes.

Commenting, Dr Pamela Byrne, Chief Executive, FSAI, said that every food business must have a robust food safety management system in place.

“To ensure food safety and hygiene, every food business is required by law to have a robust food safety management system and to also ensure that this system is working properly. While the majority of those inspected have adequate procedures in place, the fact that Environmental Health Officers continue to find incidents of rodents and pest infestations in some food businesses highlights that a food safety management system is not working. Consumers have a right to safe food and food businesses have a legal responsibility to ensure that it is safe to eat. To address this issue with pest control, we are running a free Breakfast Bite webinar on 1 March on managing and monitoring pest control procedures in food businesses. Registration for this webinar can be accessed on the FSAI website,” said Dr Byrne.

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 in the enforcement reports 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. 

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Prohibition Orders

Between 1 January and 31 December 2022, 65 Closure Orders and 12 Prohibition Orders were issued by Environmental Health Officers in the Health Service Executive (HSE), sea-fisheries protection officers in the Sea-Fisheries Protection Authority (SFPA) and officers of the FSAI on food businesses throughout the country. A number of recurring food safety issues identified in food businesses resulted in the Enforcement Orders being issued, including improper storage of food with risk of possible contamination; a lack of pest control procedures, monitoring and pest proofing; a lack of proper temperature control in the storage, preparation and distribution of food and  inadequate staff training in relation to food safety, personal hygiene and record keeping.

Disappointing

Commenting on the annual figures, Dr Pamela Byrne, Chief Executive, FSAI, would have hoped to see a reduction in the number of Enforcement Orders, but disappointingly this was not the case.

“Through the hard work of our partner agencies and food inspectors in 2022, food businesses that disregarded the law and put consumer health at risk were stopped. However, this should not be happening. Enforcement Orders are served on food businesses only when a risk to consumer health has been identified or where there are a number of ongoing breaches of food legislation. Food businesses should not be falling short on their legal requirements. They should adhere to food safety regulations at all times. It is disappointing that month after month, food inspectors find similar, basic and fundamental breaches of food law”.

Breaches of legislation

The FSAI also reported that six Closure Orders were served on food businesses during the month of December 2022 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 and officers of the FSAI.

Four Closure Orders were served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

• Ballaghaderreen Grocery Store, Charlestown Road, Ballaghaderreen, Roscommon
• Hole in the Wall (Closed area: the kitchen, side preparation areas and storage shed), Blackhorse Avenue, Cabra, Dublin 7
• Casey’s Pub (Closed area: kitchen, the store room off the kitchen and the part of the keg / bottle store room used for food production activities; a table with fryers and soup tureen), Raheenagh, Limerick
• The Cosy Corner Outside Catering (Closed Area: Manufacture and distribution of filled baguettes, sandwiches and wraps for distribution to other premises), The Cosy Corner, Crossroads, Killygordon, Lifford, Donegal

Two Closure Orders were served under the FSAI Act, 1998 on:

• The African Shop/Costello Stores, 87 Shandon Street, Cork
• RBK Poultry Limited, Unit E4, Chapelizod Industrial Estate, Chapelizod Road, Dublin 10

Reasons to be fearful

Some of the reasons for the Closure Orders in December include: open bin of uncovered animal (meat) waste were stored outside a premises, within easy access of vermin and pests; an establishment stored meat considered unfit for human consumption due to putrefaction, foreign body contamination and poor storage conditions; an unregistered meat food business was operating with no food safety procedures or records to fulfil meat traceability requirements; a freezer room had been switched off, leading to an interruption to the cold chain with frozen meat haphazardly stored alongside frozen animal by-product waste; previous inspection notes such as improving hygiene and cleaning practices were not followed; growth visible within a freezer storing baguettes;  food workers were not wearing protective clothing when preparing sandwiches, baguettes and wraps; and rodent droppings noted on packet of foods on sale to the public and in the area where foods were re-packed for sale.

Closure Order

The FSAI is also publishing the details of one Closure Order served by the HSE in November 2022 under the FSAI Act, 1998. The Closure Order had been subject to an appeal, which was subsequently withdrawn. The Closure Order was served on:

• Brambles Deli Café Limited, Wells House and Gardens, Wells, Gorey, Co. Wexford.

In addition, the FSAI is publishing the details of eight Prohibition Orders served by the HSE in July 2022 under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020. The Prohibition Orders had been subject to an appeal, which was subsequently withdrawn. The Prohibition Orders related to the placing on the market of unauthorised novel foods (CBD products) and were served on:

• Holland and Barrett, Units 5 & 6, Cedar Drive, Dublin Airport Logistics Park, Saint Margarets Road, Saint Margarets, County Dublin

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 in the enforcement reports 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. 

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.

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The Food Safety Authority of Ireland (FSAI) reported that eight Closure Orders and one Prohibition Order were served on food businesses during the month of November 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).

Closure Orders were served on four Dublin businesses under the FSAI Act, 1998 – namely Chaska in Custom House Square; Boba Bar in Parnell Street; Greenville Deli on Rathmines Road Lower; and an area of the Wok in Noodle Bar on Stephens Street Lower, all in Dublin.

Further Closure Orders were served under four businesses under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020, relating to Navan Soup Kitchen in Navan; the preparation and sale of sushi and sashimi at Karma in Balbriggan; the kitchen of Mitchell’s Bar in Carrigallen, Leitrim; and Healing With Hemp in Clones (under appeal).

One Prohibition Order was served under the FSAI Act, 1998 on Greenville Deli in Dublin.

Two prosecutions were taken by the FSAI in relation to Arrabawn Co-Operative Society Limited in Kilconnell, Galway; and the former quality manager of the business trading as Arrabawn, Kilconnell, Galway.

Enforcement

Some of the reasons for the Enforcement Orders in November include: an active cockroach infestation noted beneath food preparation tables and fridges; surfaces throughout the premises were food-stained and dirty; and defective refrigerated units.

In one case, a drain serving the kitchen and associated areas was blocked resulting in staff toilet overflowing sewage onto the floor, foul water was present on kitchen floor which appeared to have emanated from a grease trap; and food workers were seen walking through sewage and foul water, spreading it through the kitchen while food was being prepared.

Other orders were issued because written allergen information was not provided to consumers; procedures to control pests were not in place at time of inspection; and staff had not been provided with appropriate training and/or supervision. In one case,  high risk ready-to-eat foods were not maintained at refrigerated temperatures.

Dr Pamela Byrne, Chief Executive of the FSAI, said this month’s Enforcement Orders included several instances of staff not receiving adequate training in food safety practices, which then resulted in serious breaches of food law.

“Food businesses must ensure they have a strong food safety culture in place, including regular and ongoing training of both full and part-time staff,” she said.

“Food safety culture embeds best practice standards as a top priority in a food business and is reflected in how it does its daily work. Food safety is everyone’s responsibility in a food business and not just the business owner.

“There is a personal responsibility for managers and all employees to comply with food safety law at all times and in particular, ensure that all information and records provided to inspectors are truthful and accurate. There can be zero tolerance for negligent practices that put consumers’ health at risk and the FSAI and food inspectors will use the full powers available to them under food law if a food business is found to be in breach.”

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 in the enforcement reports 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. 

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One Closure Order was served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on Kens Oriental Restaurant, Nenagh, Tipperary, the Factory Canteen Operated Independently by KC Catering at ABP Food Group in Kilbrogan, and Your Stop NR Farranree (retailer), also in Cork.

Reasons to be fearful

Some of the reasons outlined for the Closure Orders in May where rodent activity including dead rodents underneath the chest freezer in the food preparation area and underneath a freezer in the storeroom next to the kitchen; rodent droppings in a container in the food preparation area which stored food contact equipment; evidence of rodent damage to packages of pasta; food premises not maintained in a clean and hygienic condition; plumbing issues resulting in damage to the floor and causing pooling of water on the floor; damaged flooring not in a fit state to be cleaned effectively. Falsified food safety records were identified along with an absence of a food safety management systems increasing the risk of food contamination and posing a risk to food safety.

Compliance with food law

Dr Pamela Byrne, Chief Executive, FSAI, emphasised that all food businesses must take responsibility and commit to ensuring high food safety standards and compliance with food law.

“The food inspectors continue to find unacceptable levels of non-compliance with food safety legislation in some food businesses.  It is a legal requirement for all food businesses to have their premises protected against pests and kept clean.  However, time after time inspectors are finding regular incidents of rodent infestations and filthy premises highlighting a disregard for basic food safety management.  Consumers have a right to safe food and we would urge anyone who is concerned or suspect there is unusual activity being demonstrated by a food business, that they can contact us via our online complaint form at https://www.fsai.ie/makeitbetter/ and we will investigate,” said Dr Byrne.

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. 

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