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Laws

Food additives:

Legal controls on the use of food additives:

1. The use of food additives is controlled by the European Union legislation and all EU
countries share the same list of permitted additives. Additives undergo rigorous testing
by the European Food Safety Authority (EFSA) before being approved.
2. This involves: a safety evaluation and determining the acceptable daily intake of the
additive. This is the estimated amount of a food additive that can be consumed daily
over a lifetime, without any adverse effect on health.
3. If approved, the food additive is identi ed with a unique E number (expect avourings).
Food additives must be listed in the ingredients list of foods either by stating the
appropriate E number or its name.
4. Under EU regulations, additives cannot be added to food to: disguise faulty processing,
deceive the consumer, present a hazard to consumer’s health, or reduce the nutritional
value of foods.
5. Additives, including colourings, preservatives, antioxidants and sweeteners are also
prohibited from commercial baby foods. In Ireland, the FSAI (Food Safety Authority of
Ireland) monitors the use of additives In food. The FSAI applies the EU food
regulations for Ireland.

Food preservation:
Irradiation legalisation:
1. At present, irradiation is used on more than 60 food types, including herbs, spices, fruit
and vegetables in over 40 countries worldwide.
2. In Ireland, there are currently no irradiation facilities. Any irradiated food products for
sale on the Irish market are imported.
1. Strict legislation governs these foods and ensures that any imported irradiated
foods or foods containing irradiated ingredients must carry the words “irradiated” or
“treated with ionising radiation” on them, and may also (optionally) carry the
international icon for irradiated foods, the Radura symbol.

Food labelling:
FIC Regulation 2011
Requirements for packaged and non-packaged foods:
1. Information provided must be clear and unambiguous, and must not mislead the
consumer.
2. Information must be easy to understand, clearly legible and indelible.
3. Information must be in English.
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Food legislation and national food safety agencies:
Food Hygiene Regulations 1950-1989
These regulations:
4. Ban the sale of food that is diseased, contaminated, or un t for human consumption.
5. Require precautions to be taken to prevent the contamination of food at all stages of
manufacturing, packaging and distribution.
6. Require food premises to maintain hygienic conditions.
7. Require food handlers to maintain the highest standard of hygiene and safety and
adhere to a HAACP system.
8. Require mobile food stalls where food is prepared and cooked/heated to obtain a
license.
9. When there is an immediate threat to public health, closure orders can be issued to
food premises and un t foods can be destroyed.

European Communities (Hygiene of Foodstuffs) Regulations 2006

These regulations:
1. Outline general hygiene standards that food premises must follow.
2. Require all staff to be trained in food hygiene.
3. Require a food safety management system, eg. HAACP, to be in place and adhered to.
4. When there is an immediate threat to public health, closure orders can be issued to
food premises and un t foods can be destroyed.

Sale of Food and Drugs Acts 1875, 1879, 1899 and 1936
These acts protect the customer against fraud and adulteration of food. Under these acts,
it is an offence to:
1. Mix, colour or stain a food with an ingredient or material that makes it hazardous to
human health.
2. Sell any food that is not of the nature and quality demanded by customers, eg. chicken
breasts injected with a brine solution or beef proteins to increase weight.

Health Acts 1947, 1953 and 1970

These acts:
1. Prevent danger to public health arising from the importation, manufacturing, distribution
or sale of food.
2. Control compositional standards of food that are of particular importance to
consumer’s health, eg. dairy spreads.
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 Payment options and credit:
Consumer Credit Act 1995
This act:
1. Regulates various aspects of credit, including hire purchase, mortgages, term loans
and credit cards.
2. Monitors credit advertising, ensuring it contains information, including the APR and
restrictions on the availability of credit.
3. Imposes that credit agreements must be in writing and contain information including
the cash price and the hire purchase price of the good, the names, addresses and
signatures of all parties involved, and the number of payment instalments.
4. Stipulates that lenders who provide credit must not visit borrowers in their workplace
seeking payment.

Mortgage protection policy:

1. Under the Consumer Credit Act 1995, a mortgage-lending agency is obliged to ensure
that a borrower has a mortgage protection policy in place to cover the balance due on
a mortgage in the event of their death, or in the case of a joint mortgage, in the vet pf
the death of one of the borrowers.
2. The insurance company that provides the mortgage protection policy will pay the
balance due on the mortgage if the borrower dies, so the mortgage lending agency will
not be left with an outstanding balance.

Consumer studies:
Sale of Goods and Supply of Services Act 1980
Goods:
Any goods consumers buy from a retailer must:
1. Be of merchantable quality, eg. t for sale and in perfect condition.
2. Be t for purpose, eg. a kettle must boil water.
3. Be as described and correspond with the written description on the label or to the
salesperson’s description.
4. Correspond to sample, eg. paint or ooring received should be direct replicas of the
samples displayed in the store.

Services:
All services should:
1. Be supplied by a person with necessary skill.
2. Be supplied with care and diligence.
3. Be completed with good quality materials.
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Redress:
The consumer is entitled to a redress if the goods were faulty or if a poor service was
provided. This can take the form of a: refund, repair, replacement, or a repeat service (free
of charge.)
The amount of compensation depends on:
1. The duration of time between purchasing the good or availing of the service and
making a claim.
2. How serious the fault is.
3. How quickly the product was returned once the fault was noticed, and whether or not
the consumer continued to use the goods after they noticed a fault.

Illegal signs:
Under this act, consumers can ignore illegal signs such as “No refunds” or “No exchanges”
if they have a valid complaint. They also do not have to accept a credit note if their
complaint is legitimate.

Guarantees:
A guarantee if a written contract between the manufacturer and the consumer that states
that if a fault arises with the product purchased within a certain period of time the
manufacturer will repair or replace the product free of charge.
Under this act, all guarantees must include:
1. A description of the product
2. The name and address of the company or manufacturer offering the guarantee
3. The duration of the guarantee
4. The procedure to follow in order to make a claim
5. What the manufacturer or company will do if a claim is made
6. Charges the consumer may incur, eg. postage for parts.

Consumer Protection Act 2007

This act protects the consumer against false or misleading claims about:
1. Goods, eg. a jumper cannot be labelled “made in Ireland” if it was manufactured
outside of the country.
2. Services, eg. a shop cannot advertise a 24-hour service if it closes for certain hours of
the day.
3. Price, previous price and RRP, eg. a dress cannot be marked 50% off if its sale price is
not half the original price of the item for 28 consecutive days in the previous 3 months.
 Family law:
Family Law (Maintenance of Spouses and Children) Act 1976
1. Under this act, if a relationship breaks down maintenance must be paid to a:
dependent spouse/civil partner if they do not have the nancial resources to support
themselves. Or a parent with custody of the dependent child/children. A child is
considered dependent if they are under 18 years of age, or are under 23 years of age
in full time education, or have a disability.
2. Maintenance must be paid to the parent with custody of the children, even if both
parties are sharing the same house.
3. If an agreement cannot be reached, the parties involved will have to attend the District
Court and apply for a maintenance order.
4. The maintenance order outlines the amount a spouse/civil partner has the pay the
other. The amount awarded depends on individual cases.

Family Home Protection Act 1976

This act:
1. Protects the family home from being sold, mortgaged, leased or transferred without the
consent of both spouses/civil partners regardless of who owns the family home.
2. If a court nds that the withholding of consent to sell the family home by one spouse/
civil partner is unreasonable, they can choose to dismiss it.

Domestic Violence Act 2018

This act protects any person, eg. couples, spouses, parents, children or other relatives,
from violence, threatening behaviour or creation of fear.
There are three types of protection a person experiencing domestic violence can apply for:
1. Safety Order: Prevents the alleged offender from committing further violence, or
threatening violence, against the applicant and their dependents. The offender is not
living with the applicant, the Safety Order prohibits them from watching or being near
the applicants home, for following and communicating with them (including
electronically). This can last for a period up to 5 years.
2. Barring Order: Requires the alleged offender to leave the family home for a speci ed
time outlined by the court, and prevents them from committing further violence or
threats against the applicant/their dependents. It also prohibits the alleged offender
from watching or being near the applicant’s home and from following/communicating
with them. This can last for a period of up to 3 years.
3. Protection Order: A temporary safety order issued to an applicant if they have to wait
for the district court to hear their case for a safety or barring order. It offers protection
that is similar to a safety order.
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Childcare Act 1991
This act makes provision for the care and protection of all children, and is enforced by an
Garda Síochána and Tulsa. If they fear for a child’s safety in their home, or if they have
concerns that a child is not receiving adequate care and protection, they have the power to
intervene in family situations.
To intervene, they must apply to the courts for a:
1. Care Order: Facilities the removal of a child from the family home to be placed in care.
An Emergency Care Order covers a maximum of eight days in care, a standard Care
Order may last until the child is 18 years old.
2. Supervision Order: Allows personnel from Tusla to visit a child in their home
periodically to monitor their health and welfare for a maximum of 12 months.

Succession Act 1965

• Surviving spouse/civil partner (no children) = surviving spouse/civil partner receives
the complete estate.
• Surviving spouse/civil partner and children = surviving spouse/civil partner receives
2/3 of the estate. Surviving children receive 1/3 of the estate.
• Surviving children (no spouse) = surviving children receive the complete estate.
• No spouse/civil partner or children = surviving parents receive the complete estate. If
the parents have passed away, their surviving siblings receive the complete estate. If the
siblings have passed away, or if they are an only child, the next surviving blood relative
receive the complete estate.