Additional powers for agri-food regulator announced

The Department of Agriculture has signed off on additional powers given to the agri-food regulator, which will come into effect in December 2026

The regulator will now have additional powers to compel the provision of price and market information from businesses in circumstances where voluntary requests for such information have not been complied with.

In an effort to enhance transparency in the food supply chain, additional powers were awarded to the agri-food regulator.

Agriculture minister Martin Heydon this week announced the introduction of the new regulations that will enhance powers on the agri-food regulator, fulfilling a key commitment under the programme for government to strengthen transparency and fairness across the agri-food supply chain.

An Rialálaí Agraibhia (the agri-food regulator), established in December 2023 under the Agricultural and Food Supply Chain Act 2023, has a dual statutory role: enforcing legislation on unfair trading practices and carrying out price and market analysis to improve transparency and equity throughout the agri-food supply chain.

The regulations will come into effect on December 31, 2026, allowing sufficient lead-in time for the regulator to develop the necessary systems, processes and procedures to implement the new powers effectively

The regulator will now have additional powers to compel the provision of price and market information from businesses in circumstances where voluntary requests for such information have not been complied with.

Mr Heydon said: “I am satisfied that these regulations are proportionate and will allow the regulator to provide insightful analysis into the agri-food sector, while having regard to any potential impact on competitiveness or the distortion of competition.” 

The enhanced powers relate specifically to the regulator’s price and market analysis function, which is entirely separate from its enforcement role in relation to unfair trading practices.

The Agricultural and Food Supply Chain Act 2023 applies across the agri-food supply chain, including supermarkets and large retailers. With the new regulations, this will now exclude small businesses.

For these regulations, a small business is defined, in line with EU legislation, as an enterprise that employs fewer than 50 people and whose annual turnover and/or annual balance sheet total does not exceed €10m.

To further minimise administrative burden, the regulations provide that the regulator may not compel data for an individual product from any business more than once in 12 months.

Mr Heydon noted the introduction of these powers required careful consideration, as they go beyond existing EU market transparency regulations, and he added: “As this extension of powers involves novel legislation, my department undertook a detailed consultative and legislative process before drafting the regulations. I needed to be satisfied that any additional powers conferred on the regulator were proportionate.” 

The consultative process included engagement with a range of stakeholders, including farm bodies, industry and retail representatives, relevant Government departments, State agencies and the agri-food regulator.