Health Act 1947
Enforcement of regulations under Part V, etc.
59.—Regulations under this Part of this Act may provide for all or any of the following matters—
(a) the enforcement and execution of the regulations by
(i) officers of the Minister,
(ii) health authorities,
(iii) officers of local authorities with the consent, where the Minister is not the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941), in relation to a particular office, of the appropriate Minister for the said purposes in relation to a particular office,
(iv) officers of Customs and Excise with the consent of the Minister for Finance,
(v) officers of the Minister for Agriculture with the consent of that Minister,
(b) the empowering of specified persons or persons of a specified class (being authorised officers for the purposes of Part IX of this Act or members of the Garda Síochána exercising the powers conferred by Part IX of this Act) to seize and remove and to detain, to destroy or to have otherwise suitably disposed of—
(i) articles of food intended for human consumption,
(ii) living animals intended for such food, or
(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 or which do not comply with the regulations,
(c) the keeping of records by persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food and the production of such records for inspection by officers concerned in the enforcement or execution of the regulations.
Annotations
Modifications (not altering text):
C37
Reference to “local authorities” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004. Also see C-note below.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
...
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
C38
Words “local authorities” construed (1.04.1971) by Health Act, 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971), reg. 6 and sch., in effect as per reg. 2
6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.
SCHEDULE
...
Health Act, 1947 (No. 28 of 1947)
In section 59 (a) (iii) the reference to local authorities shall be construed as including a reference to health boards.
...
Editorial Notes:
E1062
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.
E1063
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.
E1064
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).
E1065
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).
E1066
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).
E1067
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.
E1068
Power pursuant to section exercised (8.12.1972) by Health (Solvents in Food) Regulations 1972 (S.I. No. 304 of 1972).
E1069
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.
E1070
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.
E1071
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.
E1072
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.
E1073
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.
E1074
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).
E1075
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.
E1076
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).
E1077
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.
E1078
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.
E1079
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.
E1080
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.
E1081
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.
E1082
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).
E1083
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.
E1084
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.
E1085
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.
E1086
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.
E1087
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).
E1088
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.
E1089
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 .
E1090
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.
E1091
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).
E1092
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.
E1093
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.
E1094
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.
E1095
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.
E1096
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).
E1097
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.
E1098
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.
E1099
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.
E1100
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.
E1101
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.
E1102
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.
E1103
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.
E1104
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.
E1105
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.
E1106
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.
E1107
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.