Agricultural and Food Supply Chain Act 2023

JurisdictionIreland
Year2023
CitationIR No. 19/2023


Agricultural and Food Supply Chain Act 2023

2023 19

An Act to give further effect to Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 20191 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain; to establish a body to be known as An Rialálaí Agraibhia and to define its functions (including price and market analysis and reporting, and enforcement); to prohibit unfair trading practices in business‑to‑ business relationships in the agricultural and food supply chain; to confer on the Minister for Agriculture, Food and the Marine the power to make regulations about unfair trading practices in the agricultural and food supply sector and connected matters (including enforcement); and to provide for related matters.

[11 July 2023]

Be it enacted by the Oireachtas as follows: 1 O.J. No. L111, 25.4.2019, p. 59

S-1 Short title

1 Short title

1. This Act may be cited as the Agricultural and Food Supply Chain Act 2023.

S-2 Commencement

2 Commencement

2. This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

S-3 Definitions

3 Definitions

3. In this Act—

“Act of 2014” means the Companies Act 2014;

“agricultural and food products” has the meaning given bysection 6;

“agricultural and food sector” means the industrial sector consisting of businesses dealing in or relating to agricultural and food products (including primary producers);

“agricultural and food supply chain” means the supply chain relating to agricultural and food products;

“agri-food unfair trading law” means provisions of or under this Act, or of European Union legislation, about business-to-business unfair trading practices in the agricultural and food sector;

“authorised officer” means a person appointed undersection 71;

“business-to-business” means matters arising between businesses;

“buyer” means any natural or legal person (or group of persons) irrespective of their place of establishment, and any public authority in the European Union, who buys agricultural and food products;

“chairperson” has the meaning given bysection 21;

“chief executive” means the chief executive officer of the regulator appointed undersection 33;

“compliance notice” has the meaning given bysection 78;

“Directive” means Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 20192 1on unfair trading practices in business-to-business relationships in the agricultural and food supply chain;

“enforcement function” has the meaning given bysection 14(7);

“establishment day” means the day appointed undersection 7;

“Minister” means the Minister for Agriculture, Food and the Marine;

“perishable” has the meaning given bysection 59(2);

“premises” includes land, buildings (including dwellings) and any structure (temporary or permanent) on land;

“public authority” means any national, regional or local authority (or association of those authorities) and any body governed by public law (or group of those bodies);

“record” includes all or any part of a written record or anything storing or conveying information (including data and images) by mechanical, electronic or any other means, and includes a copy of a record;

“regulator” means An Rialálaí Agraibhia established undersection 8;

“sell” includes offer, expose or keep for sale, invite an offer to buy, distribute, barter or exchange (and references to sale are to be construed accordingly);

“supplier” means any agricultural producer or any natural or legal person who sells agricultural and food products irrespective of their place of establishment (including groups, organisations and representative associations of those persons);

“supply trade organisations” means organisations of producers or suppliers, and associations of those organisations;

“unfair trading practice” has the meaning given bysection 57(2)(b).

2 O.J. No. L111. 25.4.2019, p. 59

S-4 Regulations and orders

4 Regulations and orders

(1) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(2) Regulations and orders under this Act may—

(a)

make provision that applies generally or only in specified cases or circumstances, and

(b)

make different provision for different cases or circumstances.

(3) Every order and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) Subsection (3) does not apply to—

(a)

an order undersection 2,

(b)

an order undersection 7, or

(c)

regulations undersection 49.

S-5 Expenses

5 Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of money provided by the Oireachtas.

S-6 Application of Act

6 Application of Act

(1) The provisions of this Act apply in relation to agricultural and food products.

(2) In this Act “agricultural and food products” means—

(a)

products listed in Annex I to the Treaty on the Functioning of the European Union,

(b)

other products processed for use as food using products listed in that Annex, and

(c)

any other product (which may, in particular, include non-food items used in processing, packaging or other operations) specified by the Minister by regulations undersection 80(2)(f).

(3) This section is subject to section 56 (which limits the application of Part 3).

S-7 Establishment day

7 Establishment day

7. The Minister shall by order appoint a day as the establishment day.

S-8 Establishment

8 Establishment

8. There shall stand established on the establishment day a body which shall be known as An Rialálaí Agraibhia (in this Act referred to as the “regulator”).

S-9 Status

9 Status

9. The regulator shall be independent in the performance of its functions.

S-10 Corporate capacity

10 Corporate capacity

(1) The regulator shall—

(a)

be a body corporate with perpetual succession and an official seal,

(b)

have power to sue, and may be sued, in its corporate name, and

(c)

have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property, but the power under this paragraph may be exercised only with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(2) The regulator shall have a seal and may authorise any of the following to authenticate the official seal by signature:

(a)

the chairperson;

(b)

any other member of the regulator;

(c)

the chief executive;

(d)

any other member of staff of the regulator.

(3) Judicial notice shall be taken of the seal of the regulator and an instrument that purports—

(a)

to be an instrument made by the regulator, and

(b)

to be sealed and authenticated in accordance with this section,

shall be received in evidence and deemed to be a sealed and authenticated instrument without further proof, unless the contrary is shown.

(4) Any...

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