Food Law

What are the sources of law

constitution, legislation, common law, EU law and international agreements

what is the most important source of law in ireland

the constitution

When was bunreacht na hEireann established in Ireland

1937

What is the purpose of the constitution

Purpose to stop various organs of state over-

reaching their powers and sliding into dictatorship

or corruption

How many amendments were proposed from 1937-1987

10

How many amendments were proposed from 1987 to 2017

24

what is the role of the legislature

power to make laws

what is the role of the judiciary

interpret laws

what is the role of the executive

Responsible for governance of the

state, to include the execution and enforcement

of laws

What is the point of separation of powers

Prevents decline by state or government into

corruption, abuse of power, or totalitarianism

by dividing up powers of state governmen

who is in the oireachtas

dail eireann and senad eireann

what is the primary irish legislation

acts or statutes

who proposes bills

by government and opposition

what is the legislative procedure

the government commit to legislate, they then draft a bill and consult with departments

what are the different courts in ireland and how do they feed into each other

district court to circuit court to high court OR court of appeal, to supreme court. Central criminal court and special criminal court can also feed into court of appeal

what is the difference between common law and civil law in terms of history

common law originated in england so occurs in most british colonies while civil law is based on roman texts

what is the difference between common law and civil law in terms of basis

common law is based on judicial decisions which then influences future cases while civil law is based on codes

what is the difference between common law and civil law in terms of how judges make decisions

in common law, judges have an active role in shaping the law through interpretation while civil law the judge acts as the investigator and they cannot stray to far from the code

what allows for the application of eu law

article 29 of the constitution

what does European communities act 1972 cover

empowers ministers to make regulations to implement EU law, it can over ride primary legislation in an MS which shows the supremacy of the EU law and it is not considered unconstitutional

who are wto members

all member states and the EU

What are the 5 strategic objectives of EFSA

1. Prioritise public and stakeholder engagement in the process of scientific assessment.

2. Widen its evidence base and optimise access to its data.

3. Build the EU's scientific assessment capacity and

knowledge community.

4. Prepare for future risk assessment challenges.

5. Create an environment and culture that reflects EFSA's values

What are the main EU laws areas

Packaging, organic foods, additives and enzymes, food quality, FIC, hygiene, compositional requirements, FSGs, novel foods, pesticides and official controls

What was the Dassonville case

In Dassonville, brothers were prosecuted in Belgium for falsifying certificates of origin required by Belgian law for importing whisky. They argued that the Belgian law itself violated EU free trade rules. The European Court of Justice agreed

The EU food law the treaties main focus is on

a legal obligation for EU institutions to protect public health and consumers in all policies including food law

How much turnover does the Irish food and drink industry see

27.5 billion a year

what is Irelands the largest net exporter of

dairy ingredients, beef and lamb and powdered infant formula

What agencies within DAFM have a role in food safety

agricultural inspectorate, state veterinary service, DAFM las and admin

What agencies within sea fisheries protection authority have a role in food safety

Sea-Fisheries and Maritime Jurisdiction Act, 2006, Sea Fisheries Conservation, Seafood Safety, Port Offices

What agencies within health service executives have a role in food safety

Three Public Analyst Laboratories responsible for physical / chemical analysis of food samples and six Official

Food Microbiology Laboratories, public health medical services and environmental health services

what are the different orders given to FBOs under the FSAI Act

improvement notice, closure order and prohibition order

What is an improvement notice

(Section 52) - requires a food business to implement certain improvements in a specified time period.

"likely to pose a risk to public health"

What is a closure order

(Section 53) - requires the closure of a food

business unless and until specific improvements are made. "likely to be a grave and immediate danger to public

health" "obstruction"

What is a prohibition order

(Section 54) - directs the withdrawal from the market of specific food products. "involving, or likely to involve, a serious risk to public health"

What happens to someone who does not comply with a requirement or interferes with an authorized officers work

a fine of 1500 or imprisoned for 3 months or both and if they do not comply with this the fine will increase to 100,000 and 12 months in jail or both