HSE closes part of Midlands food business

The Food Safety Authority of Ireland (FSAI) has released details of a closure order served on part of a Midlands food business by the HSE.

Seven Closure Orders and one Prohibition Order were served on food businesses during the month of May for breaches of food safety legislation, pursuant to the FSAI Act, 1998 and the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020.

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An Offaly business was one of three served with a closure order under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020.

Milne Foods Limited, based at Syngefield Industrial Estate in Birr, saw part of its activities closed under the order. The HSE ordered processing of all ready-to-eat foods on the premises to cease.

The HSE officer who ordered the closure said in correspondence with Milne Foods: "I make this order being of the opinion that there is failure to comply with food legislation for the particular reasons."

The order further reveals that there was "persistent and recurring failure to comply" with legislation, namely Regulation {EC) 178/2002 Article 14, which states that "food shall not be placed on the market if it is unsafe."

The closure order rationale continued: "A number of RTE (ready to eat) foods were placed on the market between the period October 2021 and February 2022 inclusive and were deemed unsafe following sampling as they had Listeria monocytogenes detected.

"The food business operator [Milne] had categorised the product as category 1.2 Ready to eat foods able to support the growth of Listeria monocytogenes. The food business operator is unable to demonstrate to the satisfaction of the competent authority that the limit l00CFU/g would not be exceeded throughout the shelf life of the product."

The HSE says that the "unsafe food poses a risk to public health."

They said the business further contravened Regulation {EC) 2073/2005 Article 7 (1) which stipulates that "when the results of testing against the criteria set out in Annex I are unsatisfactory, the food business operators shall take the measures laid down together with other corrective actions defined in their HACCP-based procedures and other actions necessary 'to protect the health of consumers."

The HSE found non-cmpliance with this regulation at Milne Foods after they received "unsatisfactory sample results."

They said Milne Foods "did not take measures and/or corrective actions defined in their HACCP based procedures necessary to protect health of consumers, namely withdrawal of contaminated foods and notification to competent authorities."

The order concluded: "Inadequate corrective action resulted in contaminated food being placed on the market which
posed a risk to public health."

Details of the food businesses served with Enforcement Orders are published on the FSAI’s website. Closure Orders and Improvement Orders will remain listed in the enforcement reports on the website for a period of three months from the date of when a premises is adjudged to have corrected its food safety issue, with Prohibition Orders being listed for a period of one month.

Commenting on Thursday on all the closure orders served in May, Dr Pamela Byrne, Chief Executive, FSAI, said that it is disappointing to see such disregard for consumer health in these food businesses.

“It is simply unacceptable that some food businesses across Ireland continue to operate without fully adhering to food safety and hygiene legislation. In particular, multiple occurrences in Enforcement Orders issued in May show a complete lack of adequate procedures in place to control pests. Consumers of food in Ireland have a right to safe food and hygienic food premises.

“As we move into warmer summer months, it is disappointing to note that some food businesses are also inadequately monitoring their electric fly killers, and in some cases are preparing food directly beneath leading to a risk of possible contamination. The health of consumers must never be put at risk, and we urge food businesses not to be so careless.”