I propose to take Questions Nos. 509, 510 and 512 together.
My Department provides the funding for the School Meals Programme directly to schools. My department does not select or approve suppliers. All schools as independent contracting authorities are responsible for choosing their school meals supplier on the open market, in a fair and transparent manner in accordance with public procurement rules. These rules clearly define the successful tenders responsibilities and obligations.
Under EU and national food law, the meals provided to students under the Hot School Meals Scheme are categorised as ‘non-prepacked’ foods as these are foods prepacked for direct sale (Article 44, FIC Regulation). In Ireland, the only mandatory
food information that a Food Business Operator is obliged to provide for ‘non-prepacked’ food intended for the final consumer is the allergen declaration which they provide.
It should be noted that under EU laws, and as reflected in public procurement rules, it cannot be specified that food must originate from a particular country. That would be in breach of EU single market rules.
Under the Hot School Meals mandatory procurement documentation there are four delivery options the school as the contracting authority can choose. Hot School Meals prepared off-site and delivered ready to eat, meals pre-prepared off-site and heated in the school’s designated preparation and/or servery area; meals prepared off site and heated in the school by use of an external pod or mobile catering unit; or meals fully prepared on-site.
Suppliers are not required to provide the department with details of the preparation method of the meals but are required to comply with the Food Safety Authority of Ireland Hazard Analysis & Critical Control Point guidelines and with Nutritional Standards for the School Meals Programme.
The Department of Agriculture carry out checks on all consignments of plants and products of animal or plant origin; pesticides, organics and food of non-animal being imported into the EU through the Border Control Posts at Dublin and Rosslare Ports and Dublin and Shannon Airports.
The rules relating to the importation of food of plant and animal origin, into the EU, are laid down in European Regulation 2017/625, SI 656/2020 and SI 9/2020. The purpose of these regulations is to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products and to ensure that products of animal or plant origin meet the same husbandry, production method and hygienic requirements as apply to business operators operating within the EU.
These consignments undergo documentary, identity, physical, sampling and laboratory inspections to confirm they are in compliance with EU legislation. Consignments found not to comply with these requirements are rejected and are either destroyed, re-exported to the country of origin or are subjected to special treatment under Competent Authority control to mitigate the risk associated with the non-compliance, in compliance with rules laid down in Regulation 2017/625.
The Food Safety Authority of Ireland, as Ireland’s independent regulator and the central competent authority for the enforcement of food safety legislation provide advice on the mandatory labelling requirements for beef not of Irish origin which can be found on their website Labelling of Meat Products | Food Safety Authority of Ireland. (www.fsai.ie/enforcement-and-legislation/legislation/food-legislation/meat-meat-products/labelling( The Food Safety Authority of Ireland deals with enforcement procedures in instances of non-compliance with food law by any food business operator in Ireland.
I trust this clarifies the matter for the Deputy.