Enforcement powers of an EHO are as follows:
Improvement Notice -An EHO may serve an Improvement Notice on a food business operator if inadequate effort is made to comply with the law. An Improvement Notice is issued, following consultation with a Designated Officer, when an authorised Officer is of the opinion that a premises or practice is of such a nature that if it persists, it will or is likely to pose a risk to public health. Improvement Notices are NOT listed on FSAI website.
Improvement Order - If the given Improvement notice is not complied with in the given time, EHO may appeal to the local court to escalate improvement notice to improvement order. An Improvement Notice is issued where in the opinion of the authorised Officer if any activity involving the handling, preparation etc. of food, or the condition of a premises (or part thereof) where this activity takes place is such that if it persists, it will or is likely to pose a risk to public health.
Improvement Orders remain on the Food Safety Authority (FSAI) website for a period of three months from the date the order was lifted.
Prosecution - An EHO may take a food business operator to court for not complying with food law. As well as taking immediate enforcement action to deal efficiently and effectively with risks to public health and interests, each year a small number of prosecutions are initiated where there are significant breaches of food law. Prosecutions may also be initiated where there is intentional or reckless endangerment of public health. Taking prosecutions also supports the objective of enforcement as a deterrent to future non-compliance in food businesses in general.
Closure Order - If an EHO thinks there is , or is likely to be a grave and immediate danger to public health ,the food business or part of the food business may be closed immediately. Closures Orders can refer to the immediate closure of all or part of the food premises, or all or some of its activities. The Orders may be lifted when the premises have improved to the satisfaction of the authorised Officer. Failure to comply with an Improvement Order may also result in the issuing of a Closure Order.
Closure Orders remain on the Food Safety Authority of Ireland (FSAI) website for a period of three months from the date the order was lifted.
Prohibition Order -- A prohibition order may be placed on a particular food/product/area/process/function which may involve a serious risk to public health .Prohibition Order are issued if the activities (handling, processing, disposal, manufacturing, storage, distribution or selling food) involve or are likely to involve a serious risk to public health from a particular product, class, batch or item of food. The effect is to prohibit the sale of the product, either temporarily or permanently. Other areas / product which is not a threat within the same premises may be allowed to continue as normal.
