Health Act 1947
F108[Regulations for prevention of danger from food and drink.
54.— (1) The Minister may, after consultation with the Minister for Enterprise, Trade and Employment and the Minister for Agriculture and Food, make regulations providing for—
(a) the prevention of danger to the public health arising from the manufacture, preparation, importation, storage, distribution or exposure for sale of food intended for sale for human consumption,
(b) the prevention of contamination of food intended for sale for human consumption,
(c) the prohibition and prevention of the sale or offering or keeping for sale of—
(i) articles of food intended for human consumption,
(ii) living animals intended for such food,
(iii) materials or articles used or intended for use in the preparation or manufacture of such food,
which are diseased, contaminated or otherwise unfit for human consumption,
(d) the protection of consumer interests (including regulations requiring persons operating in the retail, restaurant or catering sectors to provide information on the country of origin of meat sold or otherwise supplied to consumers where, in the opinion of the Minister, such information is not already adequately provided under national or EU legislation),
(e) without prejudice to the generality of section 3(1) of the European Communities Act 1972, giving effect to acts of the institutions of the European Communities relating to the official control of foodstuffs for the protection of health.
(2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purpose of the regulations (including, in the case of regulations made under subsection (1)(e), regulations repealing, amending or applying, with or without modifications, other law, exclusive of this Act).
(3) A person who has gained access to information by virtue of inspections made in the enforcement of regulations made under this section shall not disclose such information unless it is necessary to do so for the purpose of the enforcement of the regulations.
(4) A person who, on or after the commencement of this section, contravenes a regulation made under this section, or contravenes subsection (3), shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.
(5) A person guilty of an offence under subsection (4) shall, on each day on which the contravention to which that offence relates is continued by the person after having been convicted of that offence, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500 or to imprisonment for a term not exceeding one month or both.
(6) Regulations made under the repealed section and in force immediately before the commencement of this section shall be deemed to be made under this section and may be amended or revoked accordingly.
(7) In this section—
"persons operating in the retail, restaurant or catering sectors" includes food business operators within the meaning of Article 3 of the European Parliament and Council Regulation (EC) No. 178/2002 of 28 January 2002 13;
"protection of consumer interests" includes all measures for the prohibition or prevention of the processing, storage, transport, distribution, trading or selling to the prejudice of the consumer of any food which is not of the nature, substance or quality demanded by the consumer;
"repealed section" means section 54 of this Act as in force immediately before the commencement of this section.]
Annotations
Amendments:
F108
Substituted (8.06.2006) by Irish Medicines Board Act 2006 (3/2006), s. 25, S.I. No. 306 of 2006.
Modifications (not altering text):
C34
Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.
Enactments relating to non-disclosure of records.
41.—(1) A head shall refuse to grant an FOI request if—
(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or
...
SCHEDULE 3
Enactments Excluded from Application of Section 41
PART I
Statutes
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No. 28 of 1947 |
Health Act 1947 |
Section 54(3) |
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Editorial Notes:
E989
Power pursuant to section exercised (23.11.2017) by Food Hygiene (Revocation of Certain Provisions) Regulations 2017 (S.I. No. 528 of 2017).
E990
Power pursuant to section exercised (13.12.2014) by Health (Provision of Food Allergen Information to Consumers in respect of Non-Prepacked Food) Regulations 2014 (S.I. No. 489 of 2014), in effect as per reg. 1(2).
E991
Power pursuant to section exercised (1.06.2012) by Health (Definition of Marginal, Localised and Restricted Activity) (Retail Catering Establishments) Regulations 2012 (S.I. No. 168 of 2012), in effect as per reg. 1(2).
E992
Power pursuant to section exercised (1.09.2010) by Health (Definition of Marginal, Localised and Restricted Activity) (Butcher Shop) Regulations 2010 (S.I. No. 340 of 2010), in effect as per reg. 1(2).
E993
Power pursuant to section exercised (28.02.2007) by Health (Country of Origin of Beef) (Amendment) Regulations 2007 (S.I. No. 85 of 2007), in effect as per reg. 1(2).
E994
Power pursuant to section exercised (3.07.2006) by Health (Country of Origin of Beef) (Amendment) Regulations 2007 (S.I. No. 307 of 2006), in effect as per reg. 1.
E995
Power pursuant to section exercised (28.03.2003) by Health (Prevention of Danger To Public Health) (Revocation) Regulations 2000 (S.I. No. 152 of 2000).
E996
Power pursuant to section exercised (31.12.1993) by Health (Tin in Food) Regulations 1993 (S.I. No. 389 of 1993), in effect as per reg. 2.
E997
Power pursuant to section exercised (22.04.1992) by Health (Arsenic and Lead in Food) (Amendment) Regulations 1992 (S.I. No. 72 of 1992), in effect as per reg. 2.
E998
Power pursuant to section exercised (22.04.1992) by Health (Mineral Hydrocarbons in Food) (Amendment) Regulations 1992 (S.I. No. 71 of 1992), in effect as per reg. 1(ii).
E999
Power pursuant to section exercised (22.04.1992) by Health (Vinyl Chloride in Food) (Amendment) Regulations 1992 (S.I. No. 65 of 1992), in effect as per reg. 1(ii).
E1000
Power pursuant to section exercised (1.05.1989) by Food Hygiene (Amendment) Regulations 1989 (S.I. No. 62 of 1989), in effect as per reg. 1(2).
E1001
Power pursuant to section exercised (1.05.1984) by Health (Vinyl Chloride in Food) Regulations 1984 (S.I. No. 95 of 1984), in effect as per reg. 2.
E1002
Power pursuant to section exercised (8.12.1972) by Health (Solvents in Food) Regulations 1972 (S.I. No. 304 of 1972).
E1003
Power pursuant to section exercised (1.09.1972) by Public Health (Preservatives, Etc., in Food Regulations, 1928 and 1943) (Amendment) Regulations 1972 (S.I. No. 46 of 1972), in effect as per reg. 2.
E1004
Power pursuant to section exercised (1.09.1972) by Health (Mineral Hydrocarbons in Food) Regulations 1972 (S.I. No. 45 of 1972), in effect as per reg. 2.
E1005
Power pursuant to section exercised (1.09.1972) by Health (Arsenic and Lead in Food) Regulations 1972 (S.I. No. 44 of 1972), in effect as per reg. 2.
E1006
Power pursuant to section exercised (6.12.1971) by Food Hygiene (Amendment) Regulations 1971 (S.I. No. 322 of 1971), in effect as per reg. 3.
E1007
Power pursuant to section exercised (4.02.1961) by Food Hygiene (Amendment) Regulations 1961 (S.I. No. 24 of 1961), in effect as per reg. 3.
E1008
Previous affecting provision: power pursuant to section exercised (22.06.1999) by Health (Prevention of Danger To Public Health) Regulations 1999 (S.I. No. 186 of 1999); revoked (29.05.2000) by Health (Prevention of Danger To Public Health) (Revocation) Regulations 2000 (S.I. No. 152 of 2000), reg. 2.
E1009
Previous affecting provision: power pursuant to section exercised (1.09.1996) by Health (Official Control of Food) Approved Laboratories Order 1996 (S.I. No. 242 of 1996), in effect as per art. 2; revoked (6.04.1998) by European Communities (Official Control of Foodstuffs) (Approved Laboratories) Order 1998 (S.I. No. 95 of 1998), art. 4(1), in effect as per art. 2.
E1010
Previous affecting provision: power pursuant to section exercised (1.09.1996 and 1.11.1998) by Health (Official Control of Food) Regulations 1996 (S.I. No. 241 of 1996), in effect as per reg. 2; revoked (1.04.1998) by European Communities (Official Control of Foodstuffs) Regulations 1998 (S.I. No. 85 of 1998), reg. 30, in effect as per art. 2.
E1011
Previous affecting provision: power pursuant to section exercised (7.12.1995) by Health (Extraction Solvents in Foodstuffs) Regulations 1995 (S.I. No. 283 of 1995), in effect as per reg. 2; revoked (25.05.2000) by European Communities (Extraction Solvents in Foodstuffs and Food Ingredients) Regulations 2000 (S.I. No. 141 of 2000), reg. 23(1).
E1012
Previous affecting provision: power pursuant to section exercised (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), in effect as per reg. 2; revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1013
Previous affecting provision: power pursuant to subs. (5) exercised (31.12.1993) by Health (Nutrition Labelling For Foodstuffs) Regulations 1993 (S.I. No. 388 of 1993), in effect as per reg. 2; revoked (11.02.2005) by European Communities (Nutrition Labelling For Foodstuffs) Regulations 2005 (S.I. No. 65 of 2005), reg. 24(1).
E1014
Previous affecting provision: power pursuant to section exercised (31.12.1993) by Health (Extraction Solvents in Foodstuffs) Regulations 1993 (S.I. No. 387 of 1993), in effect as per reg. 2; revoked (7.12.1995) by Health (Extraction Solvents in Foodstuffs) Regulations 1995 (S.I. No. 283 of 1995), reg. 14, in effect as per reg. 2.
E1015
Previous affecting provision: power pursuant to section exercised (22.04.1992) by Health (Cylamate in Food) (Amendment) Regulations 1992 (S.I. No. 73 of 1992), in effect as per reg. 1(ii); revoked (31.12.1995) by European Communities (General Provisions on The Control of Additives, and in Particular Colours and Sweeteners For Use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in effect as per reg. 2.
E1016
Previous affecting provision: power pursuant to section exercised (22.04.1992) by Health (Solvents in Food) (Amendment) Regulations 1992 (S.I. No. 70 of 1992), in effect as per reg. 1(ii); revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1017
Previous affecting provision: power pursuant to section exercised (22.04.1992) by Health (Antioxidant in Food) (Amendment) Regulations 1992 (S.I. No. 69 of 1992), in effect as per reg. 1(ii); revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1018
Previous affecting provision: power pursuant to section exercised (22.04.1992) by Health (Antioxidant in Food) (Amendment) Regulations 1992 (S.I. No. 68 of 1992), in effect as per reg. 1(ii); revoked (31.12.1995) by European Communities (General Provisions on The Control of Additives, and in Particular Colours and Sweeteners For Use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in effect as per reg. 2.
E1019
Previous affecting provision: power pursuant to section exercised (22.04.1992) by Health (Erucic Acid in Food) (Amendment) Regulations 1992 (S.I. No. 67 of 1992), in effect as per reg. 1(ii); revoked by European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (S.I. No. 218 of 2010), reg. 33(d), as inserted (23.06.2016) by European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2016 (S.I. No. 329 of 2016), reg. 3(p).
E1020
Previous affecting provision: power pursuant to section exercised (22.04.1992) by Health (Preservatives in Food) (Amendment) Regulations 1992 (S.I. No. 66 of 1992), in effect as per reg. 1(ii); revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1021
Previous affecting provision: power pursuant to section exercised (31.01.1992) by Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) (Amendment) Regulations 1992 (S.I. No. 24 of 1992), in effect as per reg. 1(2); revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in effect as per reg. 2.
E1022
Previous affecting provision: section substituted (31.12.1991) by European Communities (Health Act, 1947, Amendment of Sections 54 and 61) Regulations 1991 (S.I. No. 333 of 1991, reg. 3, in effect as per reg. 2; substituted as per F-note above.
E1023
Previous affecting provision: power pursuant to section and Health (Official Control of Food) Regulations 1991 (S.I. No. 332 of 1991) exercised (31.12.1991) by Health (Official Control of Food) Approved Laboratories, Order 1991 (S.I. No. 335 of 1991), in effect as per reg. 2; revoked (1.09.1996) by Health (Official Control of Food) Approved Laboratories Order 1996 (S.I. No. 242 of 1996), reg. 4, in effect as per reg. 2.
E1024
Previous affecting provision: power pursuant to section exercised (31.12.1991) by Health (Official Control of Food) Regulations 1991 (S.I. No. 332 of 1991) , in effect as per reg. 2; revoked (1.09.1996) by Health (Official Control of Food) Regulations 1996 (S.I. No. 241 of 1996), reg. 26, in effect as per reg. 2.
E1025
Previous affecting provision: power pursuant to section exercised (31.12.1991) by Health (Foods For Particular Nutritional Uses) Regulations 1991 (S.I. No. 331 of 1991) , in effect as per reg. 2(2); revoked (23.07.2002) by European Communities (Foodstuffs Intended For Particular Nutritional Uses) Regulations 2002 (S.I. No. 379 of 2002), reg. 31(1).
E1026
Previous affecting provision: power pursuant to section exercised (25.04.1990) by Health (Emulsifiers, Stabilisers, Thicking and Gelling Agents in Food) (Amendment) Regulations 1990 (S.I. No. 102 of 1990); revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in effect as per reg. 2.
E1027
Previous affecting provision: power pursuant to section exercised (13.02.1989) by Health (Preservatives in Food) (Amendment) Regulations 1989 (S.I. No. 263 of 1989); revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2 .
E1028
Previous affecting provision: power pursuant to section exercised (1.08.1985) by Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) (Amendment) Regulations 1985 (S.I. No. 186 of 1985), in effect as per reg. 3; revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in effect as per reg. 2.
E1029
Previous affecting provision: power pursuant to section exercised (1.04.1983) by Health (Antioxidant in Food) (Amendment) Regulations 1983 (S.I. No. 61 of 1983), in effect as per reg. 3; revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1030
Previous affecting provision: power pursuant to section exercised (1.09.1982) by Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents) (Amendment) Regulations 1982 (S.I. No. 273 of 1982), in effect as per reg. 3; revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in effect as per reg. 2.
E1031
Previous affecting provision: power pursuant to section exercised (1.09.1982) by Health (Foods For Particular Nutritional Uses) Regulations 1982 (S.I. No. 272 of 1982), in effect as per reg. 2; revoked (31.12.1991) by Health (Foods For Particular Nutritional Uses) Regulations 1991 (S.I. No. 331 of 1991), reg. 2(1), in effect as per reg. 2(2).
E1032
Previous affecting provision: power pursuant to section exercised (1.10.1981) by Health (Preservatives in Food) Regulations 1981 (S.I. No. 337 of 1981); revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1033
Previous affecting provision: power pursuant to section exercised (1.10.1981) by Health (Colouring Agents in Food) (Amendment) Regulations 1981 (S.I. No. 336 of 1981), in effect as per reg. 3; revoked (31.12.1995) by European Communities (General Provisions on The Control of Additives, and in Particular Colours and Sweeteners For Use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in effect as per reg. 2.
E1034
Previous affecting provision: power pursuant to section exercised (1.03.1980) by Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) Regulations 1980 (S.I. No. 35 of 1980), in effect as per reg. 3; revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in effect as per reg. 2.
E1035
Previous affecting provision: power pursuant to section exercised (1.06.1978) by Health (Colouring Agents in Food) (Amendment) Regulations 1978 (S.I. No. 140 of 1978), in effect as per reg. 2; revoked (31.12.1995) by European Communities (General Provisions on The Control of Additives, and in Particular Colours and Sweeteners For Use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in effect as per reg. 2.
E1036
Previous affecting provision: power pursuant to section exercised (1.05.1978) by Health (Erucic Acid in Food) Regulations 1978 (S.I. No. 123 of 1978), in effect as per reg. 2; revoked by European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (S.I. No. 218 of 2010), reg. 33(c), as inserted (23.06.2016) by European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2016 (S.I. No. 329 of 2016), reg. 3(p).
E1037
Previous affecting provision: power pursuant to section exercised (1.07.1974) by Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973), in effect as per reg. 2; revoked (31.12.1995) by European Communities (General Provisions on The Control of Additives, and in Particular Colours and Sweeteners For Use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in effect as per reg. 2.
E1038
Previous affecting provision: power pursuant to section exercised (1.07.1974) by Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973), in effect as per reg. 2; revoked (25.03.1997) by European Communities Detailed Provisions on the Control of Additives, Other Than Colours and Sweeteners For Use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in effect as per reg. 2.
E1039
Previous affecting provision: power pursuant to section exercised (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), in effect as per reg. 2; revoked (1.10.1981) by Health (Preservatives in Food) Regulations 1981 (S.I. No. 337 of 1981), reg. 3, in effect as per reg. 2.
E1040
Previous affecting provision: power pursuant to section exercised (8.012.1972) by Health (Antioxidant in Food) (Amendment) Regulations 1972 (S.I. No. 303 of 1972), in effect as per reg. 2; rendered obsolete by revocation of Health (Antioxidant in Food) Regulations 1972 (S.I. No. 42 of 1972) (1.07.1974) by Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973), reg. 3, in effect as per reg 2.
E1041
Previous affecting provision: power pursuant to section exercised (8.12.1972) by Health (Preservatives in Food) (Amendment) Regulations 1972 (S.I. No. 302 of 1972); revoked (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), reg. 3(1), in effect as per reg. 2.
E1042
Previous affecting provision: power pursuant to section exercised (8.12.1972) by Health (Colouring Matter in Food) (Amendment) Regulations 1972 (S.I. No. 301 of 1972); revoked (1.07.1974) by Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973), reg. 3(1), in effect as per reg. 2.
E1043
Previous affecting provision: power pursuant to section exercised (1.09.1972) by Health (Preservatives in Food) Regulations 1972 (S.I. No. 43 of 1972), in effect as per reg. 2; revoked (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), reg. 3, in effect as per reg. 2.
E1044
Previous affecting provision: power pursuant to section exercised (1.09.1972) by Health (Antioxidant in Food) Regulations 1972 (S.I. No. 42 of 1972), in effect as per reg. 2; revoked (1.07.1974) by Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973), reg. 3(1), in effect as per reg. 2.
E1045
Previous affecting provision: power pursuant to section exercised (1.09.1972) by Health (Colouring Matter in Food) Regulations 1972 (S.I. No. 41 of 1972), in effect as per reg. 2; revoked (1.07.1974) by Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973), reg. 3(1), in effect as per reg. 2.
E1046
Previous affecting provision: power pursuant to section exercised (23.03.1970) by Health (Sampling of Food) Regulations 1970 (S.I. No. 50 of 1970), in effect as per reg. 2; revoked (31.12.1991) by Health (Official Control of Food) Regulations 1991 (S.I. No. 332 of 1991), reg. 22, in effect as per reg. 2.
E1047
Previous affecting provision: power pursuant to section exercised (23.03.1970) by Health (Cyclamate in Food) Regulations 1970 (S.I. No. 49 of 1970), in effect as per reg. 2; revoked (31.12.1995) by European Communities (General Provisions on The Control of Additives, and in Particular Colours and Sweeteners For Use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in effect as per reg. 2.