S.I. No. 333/1991:

EUROPEAN COMMUNITIES (HEALTH ACT, 1947, AMENDMENT OF SECTIONS 54 AND 61) REGULATIONS, 1991.

EUROPEAN COMMUNITIES (HEALTH ACT, 1947, AMENDMENT OF SECTIONS 54 AND 61) REGULATIONS, 1991.

The Minister for Health, in exercise of the powers conferred on her by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving full effect to the Council Directive No. 89/397 EEC of 14th June, 1989 on the Official Control of Foodstuffs⁽¹⁾ hereby makes the following Regulations:--

⁽¹⁾ O.J. of the EEC No. L186 Pages 23-26).

1. These Regulations may be cited as the European Communities ( Health Act, 1947 Amendment of Sections 054 and 61) Regulations, 1991.

2. These Regulations shall come into operation on the 31st day of December, 1991.

3. The following section is hereby substituted for Section 54 of the Health Act, 1947 (No. 28 of 1947):--

"54. (1) The Minister may, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture and Food, make regulations 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.

(2) A person who contravenes this section or a Regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one thousand pounds and, in the case of a continuing offence, to a further fine not exceeding one hundred pounds for each day on which the offence is continued, or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

(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 these Regulations. Any person who contravenes this paragraph shall be guilty of an offence under this section.

(4) In this section 'protection of consumer interests' includes all measures for the prohibition or prevention of processing, storage, transport, distribution, trading or selling to the prejudice of the consumer any food which is not of the nature, substance or quality demanded by the consumer.

(5) Any person contravening sub-section (3) of this section shall be guilty of an offence.".

4. Section 61 of the Health Act, 1947 is hereby amended by the substitution of "one thousand pounds" and "one hundred pounds" for "one hundred pounds" and "ten pounds" where they respectively occur.

GIVEN under the Official Seal of the Minister for Health, this 16th

day of December, 1991.

MARY O'ROURKE

Minister for Health.

EXPLANATORY NOTE.

These Regulations implement EEC Directive No. 89/397/EEC. They amend Sections 54 and 61 of the Health Act, 1947 which deal with the protection of consumer interests and the power to increase fines.

There Regulations come into effect on 31st December, 1991.