In June 2026, the Food Safety of Ireland (FSAI) reported that fourteen enforcement orders had been issued in response to findings of non-compliance with food law.
Eight closure orders were issued under the Food Safety Authority of Ireland Act 1998 on the grounds that conditions were deemed to be ‘a grave and immediate danger to public health’.
Five closure orders were issued under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020, on the grounds that there had been a failure to comply with food legislation.
The fourteenth order was a prohibition order issued in respect of market stall vehicle. The order was issued because there was an absence of traceability, food was unsafe and food was being held at incorrect temperatures. The food had been prepared in a domestic kitchen which had not been notified to or approved by the competent authority. This is particularly serious as this case involved high-risk food namely pork, beef, duck and chicken.
The reasons for the closure orders being issued include:
- failure to notify the competent authority of the establishment of a food business
- evidence of a pest infestation in food preparation areas, including live cockroaches, slugs, spiders and woodlice
- evidence of rodent activity, including rodent droppings on shelving used to store food and on food packaging and food contact equipment
- absence of suitable hand-washing facilities
- food not protected from the risk of contamination
- no designated food preparation areas and
- lack of effective food traceability system in place
Orders included activities at food stalls at a market which had not been notified to the competent authority. There was no evidence of a HACCP procedure being in operation, meat was being stored at incorrect temperatures which led to risks to consumers, and there was an absence of effective traceability.
It can be tempting to sell foods at local markets, particularly during the summer or at festivals, but it is essential that food is produced, handled, stored and distributed in a way that does not put consumer safety at risk. Notifying the competent authority that you are operating a food business is a legal requirement but is simple and straightforward to do. Depending on the nature of the business, this might be to the Health Service Executive, the Department of Agriculture and the Marine or the Sea-Fisheries Protection Authority.
www.fsai.ie/business-advice/starting-a-food-business/register
Once the business has been notified, it will be inspected to ensure compliance with food laws. This is for the benefit of consumers and the food business operator. Other food business may need prior approval from the relevant authority.
How can we help?
If you are facing enforcement action, have been served with an enforcement notice or are being prosecuted for breaches of food law, we can help you find a way through the complex legal maze.
Prevention is usually better than cure, and we can help you understand your legal obligations as a food business on matters such as safety and hygiene, food labelling and claims, and notifying the relevant authority that you are operating a food business.
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk
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.
Any comment or views expressed in this content are personal.