The Gazette 1977

GAZETTE

APRIL 1977

This, of course, falls a good deal short of the closure orders which I suggested might be vested in a Court and very properly, there is a right to appeal to the District Court. The next part of the Regulations provide for the registration of food premises, that is to say, premises where the manufacture, preparation, importation, storage, distribution or sale of food intended for human consumption takes place other than raw fruit, raw vegetables, dairy produce or eggs by the producers of such produce. The effect of the Regulations is that all such premises must be registered and this enables the Local Authority to make directions as to any requirements relating to the premises before such registration takes place and to refuse the registration of unsuitable premises. After registration, where the proprietor has been convicted of an offence under the 1947 Act, the Health Authority may in certain circumstances, apply to the Minister for an Order cancelling the registration. An appeal against the decision of the Minister lies to the District Court. Section 38 of the Health Act 1953 extended the powers of the Minister to make Regulations under the 1947 Act and makes explicit the power to make Regulations prohibiting the preparation and sale of food in unregistered premises and the cancellation of licences. It also enables Regulations to be made vesting certain functions in a Justice of the District Court or a Peace Commissioner such as ordering the destruction of food unfit for human consumption, the review of prohibition orders on importation of food, the review of orders relating to the registration of food premises, the direction of Health Authorities to register food premises. It also contains an interesting provision, viz. that repairs, structural alterations, etc., required to be carried out for the purpose of Part V of the 1947 Act may be carried out, notwithstanding any covenant or agreement to the contrary contained in any contract of tenancy. The final Act which I propose to mention is the Food Standards Act 1974. The main purpose of the Act was to enable the Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health to make Regulations providing for standards in relation to food, and the regulations might prohibit the import/export, transportation, storage or sale of food which did not measure up to the standards. Appropriate powers of enforcement are provided for, including the taking of samples, the entry on and inspection of premises by the persons authorised in the Statute, and the destruction of unfit food, either with the consent of the owner or by order of the District Court. It is very satisfactory to note that in this bureaucratic age, such recent legislation affords protection to an owner whose food has been wrongfully seized by empowering the Court to award compensation to be paid by the responsible Minister. There is again in this Act a by-passing procedure, such as we have noted in earlier statutes which is designed to bring the real culprit to justice. The penalties for infringement of the Act are afine not exceeding £200 and in the case of a continuing offence, to a further fine not exceeding £10 for each day on which the offence is continued or imprisonment for a term not

exceeding 6 months or to both fine and imprisonment. The Statute was enacted on 12 June 1974 and pursuant thereto, three Statutory Instruments have been issued dealing with sugar, cocoa, and chocolate products and honey. The interesting point about these regulations is that the standards they impose are those set down by E.E.C. Directives. The Directive relating to sugar was issued on 11 December 1973, that relating to honey on 22 July 1974, and those relating to cocoa and chocolate on 24 July 1973, 1 August 1974, 19 December 1974 and 4 March 1975. An E.E.C. Directive governing standards in the composition of dried milk was issued on 18 December 1975 but so far as I have been able to discover, no regulations have yet been made by our Government to implement this Directive, and I think in fact this Directive has not yet been adopted. It will have been observed that the day to day operation of the various Statutes mentioned are largely dependent upon the officials of the Regional Health Authorities and of the Ministries concerned and prosecutions are brought without reference to the Garda. I believe that the duties imposed on the authorities in the Statutes mentioned are mandatory and not discretionary and presumably, therefore, an interested party would be entitled to an Order of Mandamus if the powers conferred by the Regulations were not enforced. I have not, and do not intend in this paper to touch upon the contractual or tortious liability of a vendor toward a purchaser or of the latter's rights to recover damages in any circumstances. The law on this subject leaves much to be desired. The Consumer Protection Bill 1976 The Consumer Protection Bill, in course of legislation, deals only with the criminal liability of a vendor and does not seek to provide an individual purchaser with a personal remedy. In England, the Criminal Justice Act 1972 enabled a Court to award compensation for personal injury, loss or damage resulting from an offence from which a person had been convicted by the Court at the time of the conviction and there appears to be no reason why this should not be done here. Again in England the Consumer Protection Act 1961 makes the seller liable in damages to any person injured by his breach of the Regulations made under the Act No such provision is contained in the Consumer Protection Bill we are about to enact and there appears to be no good reason for the exclusion. Finally, what of the future and how is our membership of the E.E.C. going to affect our standards. By a decision of the Commission of the European Communities dated 25 September 1973 (Com. 73 (73) 1608 final) a Consumers Consultative Committee was established, composed of representatives of European Consumer Organisations as well as of other individuals specially qualified in consumer affairs. The task of the Committee was declared to be "to represent Consumer Interests to the Commission and to advise the Commission on the formation and implementation of the policies and actions regarding consumer protection and information, either when requested to do so by the Commission or on its own initiative". On 21 May 1974 the Commission of the European 53