AN BILLE UM FHÓGAIRT, LIPÉADÚ AGUS CUR I LÁTHAIR MEARBHIA IN IONAID MEARBHIA, 2011 ADVERTISING, LABELLING AND PRESENTATION OF FAST FOOD AT FAST FOOD OUTLETS BILL 2011 Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS Section 1. Short title and commencement. 2. Interpretation. 3. Labelling and presentation of fast food at fast food outlets. 4. Advertising of fast food.. Offence. 6. Authorised officers. 7. Prosecution of offences. [No. 70 of 2011]
2
AN BILLE UM FHÓGAIRT, LIPÉADÚ AGUS CUR I LÁTHAIR MEARBHIA IN IONAID MEARBHIA, 2011 ADVERTISING, LABELLING AND PRESENTATION OF FAST FOOD AT FAST FOOD OUTLETS BILL 2011 BILL entitled AN ACT TO MAKE PROVISION FOR RULES GOVERNING THE ADVERTISING, LABELLING AND PRESEN- TATION OF FAST FOOD AT FAST FOOD OUTLETS. 10 BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1. (1) This Act may be cited as the Advertising, Labelling and Presentation of Fast Food at Fast Food Outlets Act 2011. (2) This Act comes into operation on such day or days as may be fixed by an order or orders made by the Minister for Health. Short title and commencement. 1 20 2 2. In this Act fast food means a food or beverage item offered for sale at a fast food outlet through a menu or a menu board; fast food outlet means a fast food outlet that sells hot and cold food and drinks, packaged and wrapped and without waiter service for consumption on the premises, in the State that operates under common ownership or control with at least 9 other food facilities with the same name in the State that offer for sale substantially the same menu items, or operates as a franchised outlet of a parent company with at least 9 other food facilities with the same name in the State that offer for sale substantially the same menu items. Interpretation. 30 3 3. (1) A fast food outlet shall disclose, at the point of sale, in a Labelling and prominent, clear, conspicuous and visible manner, adjacent to the presentation of fast name of the fast food item for sale on the sign, menu, or menu board, food at fast food outlets. advertising the fast food item for sale, the number of calories contained in that fast food item and the percentage of the suggested daily calorie intake that that fast food item represents. (2) Where a number of fast food items are listed as a single menu item, a fast food outlet shall disclose, at the point of sale, in a prominent, clear, conspicuous and visible manner, adjacent to the name of that single menu item, on the sign, menu, or menu board, advertising the single menu item for sale, the number of calories contained in 3
that single menu item and the percentage of the suggested daily calorie intake that that single menu item represents. Advertising of fast food. 4. A fast food outlet shall, in every form of advertising of a fast food item, or fast food items, whether in a publication by video, sound broadcasting, television, electronic communication or radio, by display of notices, signs or labels, by circulars, price lists, catalogues or other material, display in a prominent, clear, conspicuous and visible manner, adjacent to the name of the fast food item, the number of calories contained in that fast food item and the percentage of the suggested daily calorie intake that that fast food item 10 represents. Offence.. A person who fails to comply with the provisions of sections 3 and 4 of this Act shall be guilty of an offence. Authorised officers. 6. (1) The Food Safety Authority may appoint in writing any person being a whole-time officer of the Minister for Health to be 1 an authorised officer for the purposes of this Act. (2) An authorised officer shall be furnished with a warrant of his or her appointment as an authorised officer and when exercising any power conferred on an authorised officer by this Act shall, if requested by any person affected, produce the warrant or a copy of 20 the warrant to that person. (3) For the purposes of ensuring compliance with these regulations and the directives an authorised officer may (a) at all reasonable times, enter and inspect any fast food outlet premises in which the authorised officer has 2 reasonable grounds for believing that any fast food is sold, for the purposes of ensuring compliance with this Act; (b) require the owner or any person employed at the premises or any person in charge of the premises to give to the 30 authorised officer such information in the person s power or control that the officer may reasonably require and to produce to the officer any records, documents or other material as may be requested. (4) A person who 3 (a) obstructs or interferes with an authorised officer in the exercise of his or her powers under this Act, or (b) without reasonable excuse, does not comply with a requirement of an authorised officer under this Act, or (c) in purported compliance with a requirement referred to in 40 paragraph (b), gives information to an authorised officer that the person knows to be false or misleading in a material respect, is guilty of an offence. 4
7. (1) An offence under this Act may be prosecuted by the Food Safety Authority of Ireland (FSAI). (2) A person guilty of an offence under this Act is liable on summary conviction to a fine not exceeding 3,000. Prosecution of offences. 10 (3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any other person who was purporting to act in any such capacity, that officer or person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.