Agricultural and Food Supply Chain Act 2023

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Number 19 of 2023


AGRICULTURAL AND FOOD SUPPLY CHAIN ACT 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title

2. Commencement

3. Definitions

4. Regulations and orders

5. Expenses

6. Application of Act

PART 2

The Regulator

Chapter 1

Establishment

7. Establishment day

8. Establishment

9. Status

10. Corporate capacity

Chapter 2

Functions

11. Fairness and transparency in supply chain

12. Information and engagement

13. Compliance with unfair trading law

14. Enforcement of unfair trading law

15. Guidelines

16. Review of codes

17. Information and advice

19. Transfer of functions to regulator

20. Ancillary powers

Chapter 3

Governance

21. Membership

22. Remuneration and terms of appointment

23. Term of office

24. Members of regulator: disqualification, resignation and removal

25. Vacancies

26. Chairperson

Chapter 4

Proceedings

27. Meetings of regulator

28. Committees

29. Delegation of functions

30. Disclosure of interests

31. Conflict of interest

32. Indemnity

Chapter 5

Chief executive

33. Appointment

34. Functions and status

Chapter 6

Attendance before committees

35. Attendance before Public Accounts Committee

36. Attendance before other Oireachtas Committees

Chapter 7

Staff

37. Appointment of staff

38. Transfer of staff to regulator

Chapter 8

Planning and reporting

39. Strategy statement

40. Work programme

41. Annual report

42. Complaints and investigations report

43. Decisions reports

44. Other reports and information

Chapter 9

Finance

45. Advances by Minister

46. Payments into Central Fund, disposal of fines

47. Accounts and audits

48. Annual estimate

49. Power to impose levies

50. Surpluses and deficiencies

Chapter 10

Information

51. Prohibited disclosures

Chapter 11

Membership of other bodies

52. Members of regulator

53. Chief executive

54. Staff of regulator

PART 3

Unfair Trading Practices

Chapter 1

Scope and application

55. Scope of Part

56. Application of Part

Chapter 2

Agricultural Unfair Trading Regulations

57. Power to make regulations

58. Agri-Food Unfair Trading Regulations: prohibited payments

59. Agri-Food Unfair Trading Regulations: changes of supply terms

60. Agri-Food Unfair Trading Regulations: contracts

61. Agri-Food Unfair Trading Regulations: supply conditions

62. Agri-Food Unfair Trading Regulations: commercial malpractice

63. Agri-Food Unfair Trading Regulations: compliance requirements

64. Agri-Food Unfair Trading Regulations: exemptions

65. Agri-Food Unfair Trading Regulations: ancillary provisions

Chapter 3

Enforcement relating to unfair trading practices

66. Offence of unfair trading practice and penalties

67. Complaints to regulator

68. Complaints: fees

69. Investigations by regulator

70. Alternative dispute resolution

PART 4

Enforcement

Chapter 1

Authorised officers

71. Appointment

72. Tenure

73. Warrant

Chapter 2

Powers of authorised officers

74. Power to enter premises to inspect records

75. Power to enter premises to investigate offence

76. Inspection powers

77. Supplementary powers

78. Compliance notice

79. Obstruction and false statements

Chapter 3

Enforcement and supplementary regulations

80. Enforcement and supplementary regulations, offences and penalties

Chapter 4

Criminal proceedings

81. Time limit for instituting summary proceedings

82. Liability for offences by bodies corporate

83. Fines and penalties

84. Convicted persons liable for costs

85. Proceedings instituted by regulator

86. Fixed payment notice


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001 (No. 19)

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

European Communities Act 1972 (No. 27)

European Communities Act 2007 (No. 18)

European Parliament Elections Act 1997 (No. 2)

Industrial and Provident Societies Act 1893 (56 & 57 Vict., c. 39)

Local Government Act 2001 (No. 37)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997 (No. 20)

Parent’s Leave and Benefit Act 2019 (No. 35)

Parental Leave Acts 1998 to 2019

Paternity Leave and Benefit Act 2016 (No. 11)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Redundancy Payments Acts 1967 to 2022

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015

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Number 19 of 2023


AGRICULTURAL AND FOOD SUPPLY CHAIN ACT 2023


An Act to give further effect to Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 20191 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain; to establish a body to be known as An Rialálaí Agraibhia and to define its functions (including price and market analysis and reporting, and enforcement); to prohibit unfair trading practices in business‑to‑ business relationships in the agricultural and food supply chain; to confer on the Minister for Agriculture, Food and the Marine the power to make regulations about unfair trading practices in the agricultural and food supply sector and connected matters (including enforcement); and to provide for related matters.

[11thJuly, 2023]

Be it enacted by the Oireachtas as follows:

1 O.J. No. L111, 25.4.2019, p. 59