'No new legislation' on hot school lunches, says food safety body

It has been claimed that updated regulations had changed the guidance surrounding how hot meals should be delivered in primary schools

Confusion surrounds the decision by suppliers to pull hot school lunches for some rural schools after the Food Safety Authority of Ireland (FSAI) claimed that the legislation causing the issue has been in place for years.

The FSAI said “no new legislation has been introduced or application of the law changed”, amid claims that updated regulations had changed the guidance surrounding how hot meals should be delivered within the country’s primary schools.

After a prominent supplier under the scheme  — Co Tipperary company The Lunch Bag — pulled its services from a number of rural schools, it was subsequently claimed by local representatives that the decision had resulted from fresh guidance being delivered to suppliers by the Schools Procurement Unit (SPU).

That unit, a division of the Department of Education, was reportedly acting on the back of updated food safety regulations issued by the FSAI.

However, a spokesperson for the authority said the “legislation referenced in the new procurement documentation produced by the interdepartmental group is existing legislation which all food business operators would already be familiar with and legally required to comply with”.

They added: “Food legislation, and other applicable legislation and regulations, are set out in EU and National law.” 

The Lunch Bag, the largest provider under the meals scheme with turnover in 2024 of more than €17m, has told 82 small rural schools that it can no longer supply them, a move which will affect more than 1,600 children.

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It is understood, meanwhile, that at least three other providers have also told schools that they will withdraw from the scheme on foot of the new guidance from the SPU.

Those alleged new regulations mandate that new systems be put in place by schools to dispose of food waste, which had previously been sent home with each student.

In addition, food must now be prepared on site and consumed within two hours — and school staff are banned from assisting in that function, meaning a need for additional staff on the part of the supplier — a fact which renders the rural schools unprofitable as participants in the scheme given their isolated location.

“Practices that rely on untrained personnel to heat and distribute meals, or which do not maintain the required controls, place both schools and providers at risk of breaching long-standing legal obligations,” the FSAI said.

When queried regarding the issue, the Department of Education declined to respond, saying the matter “relates to the remit of the Department of Social Protection”, the body operating the school meals grant scheme.

Social Protection, meanwhile, said the recent changes to the system ensure consistent standards and “that schools and providers operate safely and compliantly across areas such as food safety, health and safety, fire safety, and building regulations”.

It said the department was informed in recent days by a number of schools that they had received an email from one supplier, advising them of their decision to withdraw its services.

“The shared priority of all partners in the programme must be that every child benefits from a service where the primary consideration is that the food they eat is safe, nutritious, and supportive of their learning,” a spokesperson said.