EU hygiene rules could affect farmers’ markets

THE package of new EU food hygiene rules introduced by former Commissioner David Byrne specifically includes a ‘flexibility’ clause which should be utilised in relation to the many farmers’ markets around the country.

That’s the view of food lawyer Raymond O’Rourke, who was commenting yesterday on discussions that took place at the farmers’ market conference in Cork on Monday when a common sense approach by the regulatory bodies was sought.

Mr O’Rourke warned of the consequences of the authorities demanding that farmers’ markets and local traditional food producers follow the strict new hygiene rules line by line.

“We will not only destroy Ireland’s unique food culture but we will be acting against the aim of Brussels to balance the needs of traditional/local producers with those of big food companies,” he said.

Mr O’Rourke, who practices with Mason Hayes and Curran, Solicitors, Dublin, said the European Commission has stated that it will leave it up to individual members states as to whether they want to utilise the flexibility clause and what sectors should be covered by it.

Additionally, the new laws state clearly that they do not cover situations like the sale of apples/farm produce by farmers to individual consumers or small local shops - not a million miles away from what constitutes a farmers’ market. “I can assure you that farmers’ markets in France and Italy will be allowed flexibility since they are seen as being a fundamental part of their food culture,” he said.

Mr O’Rourke, noting that the new laws will become fully operational on January 1, 2006, said he hoped that by then Ireland will have decided to promote farmers markets by permitting them to fall within the flexibility clause.

“This would help maintain our unique food culture and in turn assist Bord Bia in promoting Ireland as the food island of both small traditional food producers as well as major big food companies that compete on the world stage,” he said.

IFA president John Dillon told the Cork conference that producers trying to get established often live in fear of health inspectors and food safety regulations.

“This is often a case of bureaucracy strangling enterprise. Of course consumers have to be protected. But I am demanding a common sense approach from the authorities,” he said.

Noting that the Irish Food Market Traders Association is also lobbying on this issue, he said it has the full support of the IFA for a reasonable approach and one set of rules across the country.