Overview of the Health Services Executive Environmental Health Service (HSE EHS)

Organisational structure of the HSE EHS (relating to food safety)

The Health Service Executive (HSE) Environmental Health Service (EHS) is an Official Agency for the purpose of official controls. A service contract with the FSAI which sets out the obligations of the HSE with regard to the planning and performance of official controls. Schedule 1 of the Contract lists the food legislation for which the HSE as the Official Agency has responsibility. Duties and responsibilities for food safety activities for the HSE derive from the list of legislation.

The Environmental Health Service (EHS) is managed nationally by the Assistant National Director for Environmental Health (AND EH), regionally by five Regional Chief Environmental Health Officers (RCEHOs) and locally by 39 Principal Environmental Health Officers (PEHOs). The AND EH currently reports to the National Director (ND) Operational Performance and Integration. The EHS is supported by a National Business Services Unit managed by a General Manager (GM).

The service is supported nationally by a number of operational units whose role is to support the relevant lead RCEHO and national networks in the strategic direction and national operation of these functions.

Areas of official controls as defined by Art 1(2) of Regulation (EU) 2017/625

The HSE EHS carries out official controls in the following areas:

Art 1(2)(a) - Food (production, processing, distribution), food contact materials
Art 1(2)(e) - Animal by-products¹
Art 1(2)(j) - Use/labelling of PDOs/PGIs/TSGs²

¹ Limited to SRM butchers

² Limited to verification of compliance with PDO/PGIs

Delegation of official controls

The HSE do not delegate any official control tasks to delegated bodies in accordance with Article 28 of Regulation (EU) 2017/625.

Scope of responsibility of the SFPA for the official control of food

The HSE EHS, has responsibility for the implementation and enforcement of national and EU legislation, which deal with health conditions for food sale and service of food. The HSE EHS supervises the following types of premises: markets, retail premises, wholesalers, food stalls, food vehicles, restaurants, public houses, early years services, nursing homes, hospitals and hotels are all supervised by the HSE EHS. The HSE EHS carries out hygiene and food contamination checks. The HSE EHS routinely and regularly inspects places where food is handled including food imports at the ports and airports.

Official food control activities carried out by the HSE EHS include routine inspections/audits of food business and food product standards, food sampling and surveillance, import and export controls, investigations of complaints about food businesses and food products, investigation of suspected food borne illness cases and outbreaks, investigation of food fraud allegations, response to food incidences, alerts and recalls and the initiation of enforcement actions and legal cases where appropriate. In addition to these statutory functions the EHS also provides a wide range of technical and regulatory advice, education and information both to food business operators and consumers.

The legislation enforced by the HSE EHS includes general food law, official controls, microbiological criteria, food hygiene, emergency measures and import control, labelling, presentation and advertising of foodstuffs, additives and flavourings, contaminants, zoonoses and food contact materials, food supplements, foods for specific groups, infant formula, processed cereal- based baby foods, Foods intended for use in Energy- Restricted Diets, Foods for Special Medical Purposes, Foodstuffs treated with Ionising Radiation, Bottled water, food fortification.

The EHS maintains a national premises register for all establishments where it carries out official controls. This includes establishments approved by the HSE EHS under Regulation (EC) No 853/2004, laying down specific hygiene rules for food of animal origin.

Official Controls

Risk categorisation and frequency of official controls

The HSE EHS produces a yearly Operational Plan (based on the FSAI/HSE Service Contract) which determines the frequency and nature of official controls, taking resources into account.

The operational plan is based on priorities with reactive work taking the highest priority. The operational plan covers all aspects of Environmental Health functions, not just food control.
Food businesses are risk categorised following the Guidance Note GN1. Any changes to the inspection frequency are communicated by EH management to FSAI and detailed in the operational plan.

Methods of official control

HSE EHS uses all types of methods and techniques specified under Article 14 (a) - (j) of EU Regulation 2017/625 in addition to investigation of complaints and food incidents/alerts.

Recording of official controls

HSE EHS official controls are recorded on the single national IT System which is accessible to all officers as appropriate. Data reports are generated and provided to the necessary agencies/authorities as required. This system offers access to real-time records of official controls conducted.

National control plans

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Resources and Facilities

Staffing resources

425 posts were filled as Whole Time Equivalent in the HSE EHS in 2020.

Laboratory resources

The HSE EHS uses accredited Designated Official Laboratories for the analysis of HSE EHS official control samples. These laboratories have been designed as Official Laboratories by the FSAI in line with Article 100(1) of Regulation (EU) 2017/625.

It includes three Chemical Laboratories, seven Official Microbiological Laboratories and two National Reference Laboratories (NRL).

IT resources

The EHS uses the Environmental Health Information System (EHIS) to record information regarding their official control responsibilities.

Other resources

The EHS staff have access to refrigeration, freezer and storage facilities where required. HSE EHS staff also have access to necessary equipment including personal protective equipment, temperature probes, cooler boxes, sampling boxes etc.

Office facilities

See HSE EHS Offices location map opposite.

Regulation (EU) 2017/625 (General Obligations)

Article 5(1)(a) Effectiveness and appropriateness of official controls

All HSE employees are bound by HSE Code of Standards and Behaviour in the terms and conditions of their employment. The HSE EHS has a framework of official controls to be carried out in the form of a an annual operational plan. The plan ensures that all appropriate official controls in accordance with Regulation 625/2017 are carried out.

The HSE EHS has procedures in place to ensure the effectiveness and appropriateness of official controls and other official activities. These include internal audits which are conducted by the Internal Audit Unit, file reviews which are carried out by the local PEHOs as part of a suite of actions taken by them to ensure effectiveness and appropriateness.

Reviews of data carried out by the Data analysis team which is part of the Environmental Health Information System (EHIS) Operational Unit on behalf of the EH Management.
All activities are undertaken impartially and are structured and managed to safeguard impartiality in accordance with Article 5 (1) of Regulation EU 2017/625.

Article 5(1)(b) Consistency in the delivery of official controls

All HSE EHS staff are directly employed to a HSE Contract of Employment which requires them to work in accordance with HSE Code of Standards and Behaviour.

Article 5(1)(c) Ensuring staff performing official controls are free from conflicts of interest

All HSE EHS staff are directly employed on a HSE Contract of Employment which requires them to work in accordance with HSE Code of Standards and Behaviour.

Article 5(1)(d) Access to adequate laboratory capacity

Representatives of the HSE EHS meet with the laboratories at agreed intervals annually at both regional and national level for both planning and post planning purposes. Sample types and numbers are agreed annually with contingency arrangements for ad hoc samples.

Article 5(1)(e) Access to suitably qualified and experienced staff

The HSE EHS has a highly qualified inspectorate which enables official control staff to perform multi-faceted front-line roles in food safety. Minimum qualification requirements for Environmental Health Officers are set out by Department of Health, whereby EHOs must have, as a minimum, an Honours Bachelor’s degree (NFQ Level 8) in Environmental Health, or equivalent.

Article 5(1)(f) Access to adequate facilities and equipment

See Resources and Facilities section.

Article 5(1)(g) Ensuring staff have adequate legal powers to perform official controls

Powers of Authorisation are granted through the Food Safety Authority of Ireland Act 1998, and SI 22/2020 European Union (Food and Feed Hygiene Regulations) 2020 for enforcement of food legislation.

Up-to-date Authorisations are granted, and warrants provided to all staff. Appropriate delegations and designations are approved and an up-to-date list of designated officers is available in each PEHO office.
PEHOs ensure the return of warrants from staff when they retire/leave the service.

The Department of Health (DOH) is responsible for drafting and signing all food legislation for official controls carried out by HSE EHS. The FSAI/DOH/EHS Legislation Committee consider and make recommendations regarding the implications of current, new, proposed, pending and revised food legislation for the HSE EHS.

Article 5(1)(h) Ensuring food business operators cooperate with staff performing official controls

EHOs promote compliance by providing advice and support to FBOs during official controls and ensuring they are clear about their obligations. Inspection outcomes/food sampling outcomes and actions to be taken in the event of non-compliance are communicated to FBOs. Measures are taken and escalated as necessary up to enforcement actions in line with Protocols, GN1 and/or the FSAI Enforcement Policy.

Relationships, Memoranda of Understanding and Service Level Agreements with other Competent Authorities

The HSE EHS has an MOU with DAFM in relation to assessment so products under PDO/PGIs controls.

Communication procedures

The HSE EHS has measures in place to ensure effective and efficient communication.

Within HSE EHS
- Staff engagement is undertaken with staff at all levels in EHS via national/regional and team meetings.
- BTORs from the various informal (and formal) working groups issue to the service. Regional Training Days are held each year and training evaluation is carried out on any training events attended by Environmental Health staff.

With other competent authorities and the FSAI
- Formal communication:
  - On-going service contract meetings and cross agency working groups. Agreed mechanisms are in place for alleged Food Fraud referrals, incidents/ alerts, complaints and cross border referrals (including AACs).
  - Agreed appropriate communication channels exist between the EHS and the FSAI regarding chemical sampling and analysis of foodstuffs in the case of sampling queries and sampling results.
  - All HSE EHS staff have access to SafetyNet.
  - BTOR’s and updates from meetings and cross agency working groups are circulated between agencies as appropriate.
- Semi-formal communication:
  - Ad hoc groups set up as needed under service contract, electronic communications (E-Zines, subscription service alerts, emails, etc.)
- Informal communication:
  - Phone calls/emails and discussions on issues as they arise between the various agencies.

Additionally, HSE EHS, National Management Team attends quarterly liaison meetings with FSAI (as per service contract).

The EHS attends and participate in various cross/multi agency /groups meetings as well as participating in multiagency working groups and ad hoc groups when needed.
The EHS consults on cross/multi agency guidance/procedures as required.
Environmental Health staff regularly attend forums hosted by professional bodies (such as EHAI, SafeFood, etc.), and the EHS participates in local liaison meetings with Zoonosis Committees, etc.

Documented Procedures

Availability of documented procedures to SFPA Staff

The HSE EHS has produced a suite of protocols for all official controls which is readily accessible by all staff. These protocols are available to all staff on an IT Platform.

Availability of documented procedures to the FSAI & Auditors

Copies of the documented procedures have been provided to the Central Competent Authority.

For DG Santé and FSAI audits, these are provided to external auditors to support the PAQ and on request.

Reviewing & updating procedures

As per documented procedures, the EHS Protocols are reviewed in line with Protocol 51.

Audit

Internal audit

The HSE EHS is subject to internal audits of official control activities by the EHS Internal Audit Unit to verify compliance with legislation, documented procedures and protocols and to verify the effectiveness and suitability of planned arrangements.

External audit

The HSE Environmental Health Service is subject to external audits conducted by DG Santé F and the Food Safety Authority of Ireland to determine the appropriateness and effectiveness of official controls carried out under Article 6 of Regulation (EU) 2017/625.