Food Standards Act, 1974

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Enforcement of regulations.

4.—(1) The Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health may make regulations providing for all or any of the following:

(a) the enforcement and execution of regulations under this Act by—

(i) officers of the Ministers of State aforesaid with the consent, in the case of an officer who is not an officer of the Minister of State making the regulations, of the Minister of State whose officer he is,

(ii) officers of health boards with the consent of the Minister for Health,

(iii) officers of local authorities with the consent, if the Minister of State making the regulations is not the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 , in relation to a particular office, of the appropriate Minister for the said purposes in relation to the particular office,

(iv) officers of Customs and Excise with the consent of the Minister for Finance,

(b) the keeping of records by persons engaged in the manufacture, preparation, importation, transportation, storage, exportation or sale of food and the production of such records for inspection by officers concerned in the enforcement or execution of the regulations.

(2) Regulations under this section may make provision for any of the following:

(a) entry on and inspection of (at all reasonable times by persons authorised for that purpose by the regulations) premises in which the persons reasonably believe that food to which regulations under this Act apply is manufactured for sale, prepared for sale, stored for sale or sold,

(b) entry on and inspection of (at all reasonable times by persons authorised for that purpose by the regulations) ships, aircraft, vehicles and containers in which the persons reasonably believe that there is food to which regulations under this Act apply,

(c) the seizure and detention or the seizure, removal and detention by persons authorised for that purpose by the regulations of food in relation to which the persons have reasonable grounds for suspecting that there is a failure to comply with the provisions of regulations under this Act,

(d) the giving, and the taking by persons authorised for that purpose by the regulations, of samples of food or materials or articles used or intended for use in the manufacture or preparation of food,

(e) the carrying out of tests, examinations and analyses of such samples,

(f) the classes of persons to be responsible for the carrying out of such tests, examinations and analyses,

(g) the means by and the manner in which the tests, examinations and analyses are to be made,

(h) the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or other evidence is to be given,

(i) the certificate or other evidence prescribed under paragraph (h) of this subsection being evidence until the contrary is proved of the result of such test, examination or analysis,

(j) matters consequential on or ancillary, incidental or supplementary to any of the foregoing matters.

(3) Wherever regulations under this section provide that any particular certificate or other evidence shall be evidence until the contrary is proved of the result of a test, examination or analysis of a sample, the certificate or other evidence shall, in respect of such sample, without proof of the signature (if any) thereon of the person giving it or that he was authorised to give it, be evidence, until the contrary is proved, of the result of such test, examination or analysis and shall also be evidence, until the contrary is proved, that such test, examination or analysis was carried out under and in accordance with the regulations.

(4) It shall be an offence for a person to disclose information obtained in the course of entry on and inspection of premises or of a ship, aircraft, vehicle or container under this section other than in the execution of his duties under this Act or for the purposes of legal proceedings under this Act.

(5) Any person exercising powers conferred by or under this Act shall be furnished with a certificate showing that he is authorised to exercise those powers by the Minister of State or other authority appointing him and, when exercising any such powers, the person shall, if requested by any person aifected, produce the certificate to that person.