On 30 June 2025, the FSAI published its 2024 Annual Report.
The FSAI was established by the Food Safety Authority of Ireland Act 1998 as an independent government agency responsible for enforcing food legislation in Ireland. This is achieved through a series of service contracts with various official agencies such as the Health Service Executive, the Department of Agriculture and the Marine and via Memoranda of understandings with agencies such as the Food Standards Agency of Northern Ireland and Safefood.
Food law is enforced using official controls such as inspections.
The number of annual inspections in food businesses in Ireland rose from 39,966 in 2020 to 67,480 in 2024. In each year most of those inspections were carried out by environmental health officers from the Health Service Executive. Where non-compliances have been identified, the outcome can range from the provision of advice to formal closure to prosecution depending on the seriousness of the non-compliance (either alone or because of repeated problems) and the risk to consumer safety.
The figures for enforcement interventions have also increased between 2020 and 2024.
In 2020 there were 151 enforcements whereas in 2024, the number had increased to 298. The impact on the food business concerned varies but in each case the operator will be required to take some action to remedy the situation.
In each year most interventions involved the service of improvement notices. Unlike other enforcement actions, they are not listed on the FSAI website and can be seen as a ‘warning’ to the food business operator to act before the situation deteriorates leading to heightened risks to consumers and the potential for more serious official intervention.
Improvement notices should not be ignored as failure to comply may lead to an application to the court for an improvement order.
In addition to improvement notices and improvement orders, non-compliances may result in a closure order (closing the premises until the required work has been carried out) or a prohibition order (preventing the sale of food where there is a risk to consumer safety). or prosecution before the criminal courts. Although not common, prosecutions can result in a criminal conviction, a fine, the payment of costs and, in a serious case, a term of imprisonment.
Food business operators strive to comply with their legal obligations but sometimes things go wrong, and they are faced with actual or threatened enforcement action. When this happens, it is important to consider how to respond to the situation and promptly seek professional advice (e.g. a food consultant or specialist lawyer) to guide the business. This will enable a meaningful discussion with the officers and help achieve a timely resolution.
This article is provided for information only and does not constitute legal advice. Formal legal advice should always be obtained before taking or refraining from taking any action.
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk