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Guidance on a Right to a Second Expert Opinion

Tuesday, 24 May 2022

The FSAI has published a new guidance note for food business operators who are supervised by environmental health officers

The FSAI has published a new guidance note for food business operators who are supervised by environmental health officers (EHOs) of the Health Service Executive on their right to second expert opinion under Article 35 of the Official Controls Regulation (EU) 2017/625. A second expert opinion provides food businesses (at their own expense) with the right to the following:

  • A documentary review of the sampling, analysis, test or diagnosis by a recognised and appropriately qualified expert.
  • A request at the time of sampling where relevant, appropriate and technically feasible, that a sufficient quantity of sample is taken to allow for a second analysis by the food business and another analysis, test or diagnosis by another official laboratory should this prove necessary in the case of a dispute.
  • In the case of a dispute, a documentary review of the initial analysis, test or diagnosis and where appropriate another official analysis, test or diagnosis by another official laboratory will be carried out.

Guidance Note 39: Guidance for Food Business Operators Supervised by the Health Service Executive on their Right to Second Expert Opinion.