Agricultural and Food Supply Chain Act 2023

(4) A search warrant under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such other officers or persons as the officer thinks necessary, at any time within one month from the date of issue of the warrant—

(a) to use reasonable force to enter the premises,

(b) to enter the premises named in the warrant, and

(c) to exercise functions of an authorised officer.

(5) An authorised officer entering premises in reliance on a warrant under this section shall produce it on request.

(6) In this Chapter, “premises” includes a vehicle, vessel and aircraft.

75. Power to enter premises to investigate offence

75. (1) An authorised officer may enter premises if the officer has reasonable grounds for believing that—

(a) an offence under this Act has been, is being, or is about to be committed on the premises, or

(b) evidence of an offence under this Act is likely to be found on the premises (or in anything on the premises).

(2) An authorised officer entering a premises under subsection (1) may—

(a) search the premises,

(b) require a person occupying or in control of the premises to provide equipment, facilities or other assistance,

(c) search anything in which the evidence of an offence may be found,

(d) require a person in charge or control of the thing to—

(i) refrain from moving it, or move it to a location where it may be searched,

(ii) give information regarding its place of departure, journey or destination,

(iii) where the thing is part of a computerised information management system, provide assistance (including passwords) to enable access to the thing or a related device or system, or

(iv) provide any other kind of assistance,

(e) seize and detain a record related to an agricultural and food product or other thing used in connection with an agricultural and food product, mark or otherwise identify it and detain it for such period as is necessary for the purpose of the authorised officer’s functions (including an inspection or search under this Part at any place the authorised officer requires), and

(f) give a direction to a person who is in possession of, or who has power over or information relating to, a record relating to an agricultural and food product or any thing used in connection with an agricultural and food product.

76. Inspection powers

76. An authorised officer may—

(a) examine a record or any other thing related to an agricultural and food product,

(b) require the name and address of the owner or person in possession or control of a record or any other thing related to an agricultural and food product,

(c) inspect anything used in connection with an agricultural and food product and require the person in charge or control of such thing to refrain from moving it,

(d) require the owner or person in possession or control of anything used in connection with an agricultural and food product to produce to the authorised officer such records (and in the case of a record stored in non-legible form, produce a copy in a legible form), as the officer may reasonably require,

(e) inspect and take copies of any record (including a legible reproduction of one stored in a non-legible form), or extracts from the record, that the officer finds or is produced to the officer during an inspection,

(f) make a record,

(g) require a person to provide information about the ownership and identity of a record related to an agricultural and food product or anything used in connection with a record related to an agricultural and food product, and

(h) require a person to provide information about specified premises (including information about the ownership, occupation and use of the premises).

77. Supplementary powers

77. (1) In exercising a function under this Part, an authorised officer may be accompanied and assisted by one or more other persons.

(2) An authorised officer, or a person accompanying an authorised officer, may bring any equipment or materials required.

(3) An authorised officer may seize anything found while exercising functions under this Part if the officer has reasonable grounds for believing it may be evidence of an offence under this Act and may seize and retain it for use in evidence in proceedings for such an offence.

(4) An authorised officer may use reasonable force to enter premises under this Part.

(5) An authorised officer, or a person accompanying an authorised officer, is not liable in any proceedings for anything done in the purported exercise of functions under this Part if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

(6) A member of the Garda Síochána may stop a vehicle or vessel for the purposes of this Act and may require that it be moved for inspection to a specified place (and for this purpose “vehicle” includes a trailer designed for use or used with a vehicle, and a container designed or used for carriage on a vehicle, whether or not attached to a vehicle).

(7) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a function conferred by this Act.

78. Compliance notice

78. (1) This section applies where an authorised officer is satisfied that a buyer has, in relation to a supplier, contravened—

(a) a provision of Agri-Food Unfair Trading Regulations, or

(b) a penal provision of regulations made under section 80.

(2) The authorised officer may serve a notice (a “compliance notice”) on the buyer.

(3) A compliance notice shall be addressed to the person concerned by name and may be served on or given to the person—

(a) by giving it to the person, or an employee, servant or agent,

(b) by leaving it at the address at which the person ordinarily resides, normally carries out business, or, if an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if an address for service has been furnished, to that address,

(d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises,

(e) by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

(4) If a compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

(5) It is an offence for a person without reasonable excuse to remove, damage or deface a notice affixed under subsection (3)(d) during the period of 6 months beginning with the date on which it is affixed.

(6) For the purposes of this section—

(a) a company within the meaning of the Act of 2014 is considered to be ordinarily resident at its registered office, and

(b) every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

(7) A compliance notice shall—

(a) state the grounds for the authorised officer’s being satisfied that there has been a contravention,

(b) specify a date by which the buyer is required to take, or refrain from taking, specified action, for the purpose of ensuring compliance by the buyer with a provision mentioned in subsection (1), and

(c) contain information about the right of an appeal against the notice and the manner in which appeals shall be brought.

(8) The date specified under subsection (7)(b) shall not be on or before the last date for an appeal.

(9) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

(10) If the authorised officer is satisfied that the buyer has complied with a compliance notice, the authorised officer shall serve a notice in writing to that effect on the buyer (but a notice under this subsection does not prevent the authorised officer from exercising a power under this Act in relation to the buyer at any time).

(11) An authorised officer may by notice in writing at any time—

(a) withdraw a compliance notice, or

(b) postpone the date under subsection (7)(b).

(12) The buyer on whom a compliance notice is served may appeal to a judge of the Circuit Court in the circuit court area in which the notice was served and—

(a) an appeal shall be brought not later than 14 days after the date of service of the compliance notice,

(b) the bringing of an appeal suspends the compliance notice,

(c) at the same time as bringing the appeal the buyer shall notify the regulator of the appeal and the grounds of appeal,

(d) the regulator and the buyer are each entitled to be heard, and to adduce evidence, at the hearing of the appeal,

(e) the judge shall—

(i) affirm the compliance notice,

(ii) withdraw the compliance notice, or

(iii) withdraw the compliance notice and require the buyer to comply with directions given by the Circuit Court,

and

(f) affirmation of the compliance notice revives it, with the substitution for the date specified under subsection (7)(b) of the day falling immediately after the end of the period of 14 days beginning with the date on which the notice is affirmed.

(13) This section does not prevent or restrict—

(a) any entitlement to bring proceedings by or under this Act for the purpose of securing compliance with a provision of this Act or regulations under it, or

(b) proceedings for an offence under this Act.

79. Obstruction and false statements

79. (1) It is an offence—

(a) to obstruct, interfere with or impede an authorised officer in the exercise of a function under this Act,

(b) to fail or refuse, without reasonable cause, to comply with a requirement or direction of an authorised officer under section 75 or 76,

(c) to fail, without reasonable cause, to give assistance or requested information to an authorised officer under section 75 or 76,

(d) for a person purporting to give information to an authorised officer for the exercise of the officer’s functions under this Act—

(i) to make a statement that the person knows to be false or misleading in a material particular,

(ii) recklessly to make a statement which is false or misleading in a material particular, or

(iii) intentionally to fail to disclose a material particular,

(e) to tamper or otherwise interfere with a sample taken in the exercise of a power under section 75 or 76, or

(f) to aid or abet a contravention of this Act or regulations under it.

(2) A statement or admission made by a person pursuant to a requirement under section 75 or 76 is not admissible in evidence in proceedings brought against the person for an offence under this Act, other than an offence under this section of failing to give information or giving false information.

(3) In this section a reference to an authorised officer includes a reference to a person accompanying an authorised officer in the exercise of the authorised officer’s functions.

Chapter 3 Enforcement and supplementary regulations

80. Enforcement and supplementary regulations, offences and penalties

80. (1) The Minister may by regulations make such provision as is necessary or expedient for the purposes of this Act.

(2) Without prejudice to the generality of subsection (1) and, in the case of paragraph (h), without prejudice also to the generality of section 3 of the Act of 1972, regulations under this section may make provision for—

(a) the regulator’s enforcement functions, including additional functions that may be assigned to it,

(b) the procedures for the making of complaints under this Act, including the format, timing, evidence, standing and other requirements for efficient and fair processing of complaints,

(c) the regulator’s enforcement powers, including a power to hold hearings,

(d) the means and methods of publication of decisions, offences, penalties and fines for non-compliance,

(e) the efficient use and operation of alternative dispute resolution mechanisms,

(f) specifying additional agricultural and food products to which this Act applies (in accordance with section 6(2)(c)),

(g) the collection of price and market information to address issues of lack of transparency and information asymmetry in the agricultural and food supply chain (which may, in particular, include provision allowing the regulator to compel the provision of information referred to in section 12(3)(d)), and

(h) giving effect, or further effect, to an act (or a provision of an act) adopted by an institution of the European Union relating to—

(i) unfair trading practices in the agricultural and food sector, or

(ii) reporting of market prices in the agricultural and food sector.

(3) Without prejudice to the generality of paragraph (h) of subsection (2), regulations under that paragraph may—

(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this section, the Act of 1972 and the European Communities Act 2007),

(b) apply either generally or to such class or classes of agricultural and food products, persons, places, practices or activities as may be specified in the regulations, and

(c) prescribe persons to perform the functions of a national authority or competent authority for the purposes of the regulations and the act adopted by an institution of the European Union to which the regulations give effect or further effect, as the case may be.

(4) Regulations under subsection (2)(h) shall specify in the preamble or recital to the regulations the act of the institution of the European Union to which the regulations give effect or further effect, as the case may be.

(5) A person who contravenes or fails to comply with a provision of regulations made under this section that is specified in the regulations to be a penal provision—

(a) to which this paragraph applies, commits an offence and is liable, on summary conviction to a class A fine, or

(b) to which this paragraph applies, commits an offence and is liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding the greater of €10,000,000 or 10 per cent of the aggregate turnover of the person in the financial year in which the offence was committed or to a term of imprisonment not exceeding 3 years, or to both.

(6) In this section, “Act of 1972” means the European Communities Act 1972.

Chapter 4 Criminal proceedings

81. Time limit for instituting summary proceedings

81. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within three years from the date on which the offence was alleged to have been committed.

82. Liability for offences by bodies corporate

82. (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to neglect on the part of, a director, manager, secretary or other officer of the body corporate or a person purporting to act in any of those capacities, that person, as well as the body corporate, commits the offence (whether or not the body corporate is prosecuted for it).

(2) In a prosecution of a person for an offence by virtue of subsection (1), if it is proved that at the material time the person was or purported to act as a director of the body corporate or an employee whose duties included making decisions that could have significantly affected the management of the body corporate, it shall be presumed unless and until the contrary is shown (the burden of proof being an evidential one only) that the person consented to the acts or defaults that constitute the offence.

(3) If the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if the member were a director or manager of the body corporate.

(4) If a body corporate commits an offence under this Act, an employee, officer, director or agent of the body corporate who authorises, permits or acquiesces in the commission of the offence also commits the offence (whether or not the body corporate is prosecuted for it).

(5) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.

(6) Subsection (5) does not apply if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.

83. Fines and penalties

83. (1) A person who commits an offence under section 78(5) is liable, on summary conviction, to a class A fine.

(2) A person who commits an offence under any other provision of this Act (other than section 66 or section 80(5)) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or to both.

84. Convicted persons liable for costs

84. (1) On convicting a person of an offence under this Act, the court shall, unless satisfied that there are special and substantial reasons for not so doing, order the person to pay to the regulator the costs and expenses, measured by the court, incurred by the regulator in relation to the investigation, detection and prosecution of the offence.

(2) An order for costs and expenses under subsection (1) is in addition to any fine or penalty the court may impose.

85. Proceedings instituted by regulator

85. The regulator may prosecute summarily an offence under this Act.

86. Fixed payment notice

86. (1) This section applies where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 66, section 78(5) or section 80.

(2) The authorised officer shall report this to an authorised officer designated for the purposes of this subsection.

(3) An officer who receives a report under subsection (2) may serve on the person a notice in writing (a “fixed payment notice”) stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 28 days beginning on the date of the notice make to the regulator, at the address specified in the notice, a payment of €250,

(c) the person is not obliged to make the payment,

(d) a prosecution in respect of the alleged offence will not be instituted during the period in paragraph (b), and

(e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(4) Where a fixed payment notice is served—

(a) the person to whom the notice applies may make the payment required during the specified period,

(b) the regulator may receive the payment, issue a receipt for it and retain the money so paid, and the payment is not recoverable in any circumstances by the person who made it,

(c) a prosecution in respect of the alleged offence may not be instituted in the period specified in the notice, and

(d) if the payment specified is made during that period, no prosecution in respect of the alleged offence may be instituted.

(5) In proceedings for an offence referred to in subsection (1), the onus of proving that a payment in accordance with a fixed payment notice has been made lies on the person on whom the fixed payment notice was served.

(6) In proceedings for an offence referred to in subsection (1), it is a defence for the accused to show that payment has been made pursuant to a fixed payment notice issued in respect of the offence.

(7) The Minister may by order specify an amount not exceeding €1,000 in place of the amount specified in subsection (3)(b) and different amounts may be specified in respect of different offences.