Health (Provision of Food Allergen Information to Consumers in respect of Non-Prepacked Food) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Health (Provision of Food Allergen Information to Consumers in respect of Non-Prepacked Food) Regulations 2014.
(2) These Regulations come into operation on 13 December 2014.
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paragraphs: In these Regulations—
(a) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(b) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(c) a Public Analyst located at a Public Analyst’s Laboratory,
(d) a person, or member of a class of persons, designated by the Minister pursuant to Regulation 16;
(a) Public Analyst’s Laboratory, Cork,
(b) Public Analyst’s Laboratory, Dublin,
(c) Public Analyst’s Laboratory, Galway,
(d) a laboratory designated by the Minister pursuant to Regulation 16;
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paragraphs: These Regulations apply to all food which is not prepacked food and is offered for sale or supply, including supply free of charge, to the final consumer or to a mass caterer, including—
(a) food packed at a food business operator’s premises at the consumer’s request, and
(b) food packed for direct sale or supply.
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paragraphs: A food business operator shall not present or make available food for sale or supply, or sell or supply food, unless written particulars of any allergen in the food are indicated at:
(a) the point of presentation,
(b) the point of sale, or
(c) the point of supply,
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paragraphs: (1) Subject to paragraphs (2) and (3), a food business operator shall provide written particulars of any allergen in food presented or made available for sale or supply such that the information is—
(a) freely and easily accessible before the sale or supply of the food,
(b) at least in the English or in the Irish language and in the English language,
(c) in a conspicuous place, such that it is easily visible and available to the final consumer or mass caterer,
(d) in clear legible script, and
(e) presented in a manner such that there is no possibility of confusion as to which food the information relates.
(2) Subject to paragraph (3), in the case of food presented or made available for sale or supply by means of distance selling, the food business operator shall provide particulars of any allergen in such food—
(a) before the purchase is concluded, on the material supporting the distance selling or through other appropriate means clearly identified by the food business operator which do not involve charging consumers supplementary costs, and
(b) at the moment of delivery,
(3) Paragraph (2)(a) shall not apply to foods presented or made available for sale or supply by means of automatic vending machines or automated commercial premises.
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paragraphs: Notwithstanding Regulation 5, where the name of the food clearly refers to the allergen concerned, the food business operator is not obliged to separately provide particulars of the allergen.
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paragraphs: (1) These Regulations shall be enforced by the Authority, or by an official agency acting pursuant to a service contract with the Authority, or by both, and the enforcement provisions contained in the Act of 1998 shall apply for the purposes of ensuring compliance with the requirements of these Regulations.
(2) These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, purchase or take without payment a sample of food.
(2) An authorised officer may, for the purpose of taking a sample of food open any receptacle.
(3) Where an authorised officer purchases or takes without payment a sample of food with the intention of having it analysed, he or she shall after purchasing or taking the sample forthwith notify the food business operator, or the person in apparent charge or control of the food of his or her intention of having the sample analysed.
(4) Where an authorised officer purchases or takes without payment, with the intention of having it analysed, a sample of food which is suspected by him or her of failing to comply with the provisions of these Regulations, he or she may, by notice in writing to the food business operator, or the person in apparent charge or control of such food, prohibit their removal except to any place which may be specified in the notice, during such period as may be specified in the notice, but not exceeding 15 working days from the date of the taking of the sample.
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paragraphs: (1) Where a sample of food is taken pursuant to these Regulations, for the purposes of official analysis and where the division of the sample is reasonably practicable, the authorised officer concerned shall divide the sample into three approximately equal parts (enforcement, trade (defence) and referee), each of which he or she shall mark in such a way as to identify it as a part of the sample taken by the officer.
(2) Where an authorised officer divides a sample in accordance with paragraph (1), he or she shall, in the presence of the food business operator, or the person in apparent charge or control of such food:
(a) mark, seal and fasten each part in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised;
(b) forward one part to the approved examiner in an official laboratory for analysis;
(c) give or send one part to the food business operator, and
(d) retain the third part.
(3) Where an authorised officer takes a sample of food and its division into parts:
(a) is not reasonably practicable, or
(b) might affect the composition or impede the proper analysis of the sample,
(4) Inproceedings for an offence under these Regulations, the result of any test, examination or analysis of, or report on, a sample of food taken pursuant to these Regulations shall not be adduced unless before the proceedings were instituted the sample was divided as specified in this Regulation and the part retained by the authorised officer is produced at the hearing.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, inspect, take or make copies, whether in writing, by photography, electronically or otherwise, of a relevant thing.
(2) Where a sample of a relevant thing is taken pursuant to these Regulations, for the purposes of official analysis, the authorised officer shall obtain three identical such relevant things, or takes three copies or photographs of such relevant thing.
(3) Where an authorised officer takes a relevant thing, or a copy or photograph thereof, with the intention of having it analysed, he or she shall—
(a) forthwith notify the food business operator of his or her intention of having the relevant thing, copy or photograph analysed,
(b) forward one of the relevant things, or one of the copies or photographs of the relevant thing, to the approved examiner in an official laboratory for analysis,
(c) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator, and
(d) retain the third relevant thing, or the third copy or photograph of the relevant thing.
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paragraphs: (1) The approved examiner or a person under his or her direction shall analyse as soon as possible any sample of food, relevant thing or copy or photograph of a relevant thing submitted to him or her in pursuance of these Regulations and the approved examiner shall certify to the person who submitted the same to him or her the result of such analysis.