News & Events

Irish Food Retailers and Manufacturers Face Increased Litigation Under New EU Laws

30 January 2004

Irish food retailers and manufacturers will face increased litigation due to new EU laws on traceability, according to an expert in European Food Law, Raymond O’ Rourke, Food Lawyer, Mason Hayes & Curran, Solicitors, Dublin.

From January 1, 2005, new traceability rules will apply right across the EU, which will mean that traceability must now take place at all stages of production, processing and distribution in the food chain.

Irish lawyer Raymond O’Rourke believes that there would be no exceptions for individual sectors such as small businesses and local producers. “There is certain to be a ‘plethora’ of claims against food retailers under this new legislation because there is no facility to use a ‘due diligence’ defence under the directive. The onus is on the injured party to prove the damage and defect caused by the food product’, he said.

Raymond added, “Under the new rules, food businesses must be able to identify from whom they received a food ingredient or product and to whom they supplied the ingredient or product. This process is referred to as ‘one step forward and one step back’. The new traceability rules could result in a lot more litigation for retailers and food manufacturers”.

Under the EU official controls directive it is not possible for a consumer plaintiff to seek the discovery of the details of a inspection report on a food company, retailer, or restaurant but the same cannot be said for traceability documentation. Given Ireland’s history of ‘compo culture’, the new directive could be the source of increased litigation against retailers, hotels and restaurants – many of whom, have faced bogus claims in the past which they have frequently settled to avoid expensive legal costs.

For further information please contact:

Brendan Bracken

Bracken PR – (01) 677 3277