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Four Closure Orders served on food businesses in October

Tuesday, 08 November 2022

The Food Safety Authority of Ireland (FSAI) today reported that four Closure Orders were served on food businesses during the month of October 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. The Closure Orders were issued by Environmental Health Officers in the Health Service Executive.

Three Closure Orders were served under the FSAI Act, 1998 on:

  • O’Neills (public house), 2 Suffolk Street, Dublin 2
  • Nico’s (take away), 289 Richmond Road, Ballybough, Dublin 3
  • Panda Chinese Take Away, Main Street, Clogheen, Tipperary

One Closure Order was served under European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

  • Golden Beach Supermarket (Closed activities: Part of the activities of the business, its establishments, holdings or other premises be ceased, specifically the preparation and serving of food in the kitchen and service area), 137 Parnell Street, Dublin 1

Some of the reasons for the Closure Orders in October include: evidence of cockroach activity in the food preparation area; food left to cool overnight at ambient temperatures, presenting a risk for bacterial growth; uncovered ready-to-eat food left outside and unprotected from contamination; a live rodent on the premises; rodent droppings consistent with rats found in food preparation area; pest proofing issues were spotted throughout the building, from holes around pipework, walls and ceilings to open drains in the basement; food utensils found covered in rust and also stored on the ground outside and inside; build-up of slime and greases in back yard; food storage containers unclean and embedded with dirt; failure to implement a food safety management system.

Commenting on the Closure Orders served in October, Dr Pamela Byrne, Chief Executive, FSAI, said it was disappointing that inspectors continue to find a lack of evidence of safe cleaning practices in food businesses.

    “It is a legal requirement for all food businesses to have their premises protected against pests and kept clean and yet food inspectors continue to find unacceptable levels of non-compliance with food safety legislation in some food businesses. There is a personal responsibility for managers and all employees to comply with food safety law at all times. There can be zero tolerance for negligent practices that put consumers’ health at risk and Environmental Health Officers will use the full powers available to them under food law if a food business is found to be in breach. Consumers have a right to safe food and food businesses have a legal requirement to ensure that the food they are processing, serving or selling is safe to eat,” said Dr Byrne.

Also, during the month of October, a court ruling from 3 May 2022 was upheld in relation to:

  • Mr Domenico Venditti, the former operator of Domenico Take Away, Newcastle, County Tipperary

Dr Pamela Byrne welcomed the ruling upheld by Judge John Martin in the Circuit Court on 26 October 2022 in relation to charges brought against Mr Domenico Venditti, the former operator of Domenico Take Away, Newcastle, County Tipperary. Judge Martin agreed with the finding of the District Court judge that the wrongdoing was at the upper end of the scale of offending. He affirmed the order of the District Court, though he adjusted the manner in which the sentences will run. Instead of the two three-month custodial sentences running consecutively, they will now run concurrently. Further, Judge Martin reduced the time for payment of the €500 fine from 12 to 6 months. The prosecution was first taken by the FSAI in May following breaches of a Closure Order and this ruling sends a strong message to food businesses that non-compliance with food safety legislation will not be tolerated under any circumstances this result has a positive outcome for the protection of consumer 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.

Enforcement Reports