11 complaints have been made to the Unfair Trading Practice (UTP) Enforcement Authority to date, the Department of Agriculture, Food and the Marine (DAFM) has confirmed.
Six of the complaints were not found to be within the scope of the UTP regulations, while another complaint was withdrawn and no further action was required.
A spokesperson for DAFM told Agriland that the remaining four complaints are at various stages of the authority’s screening process to assess if they fall within the remit of the regulations and determine if there is sufficient evidence to warrant a detailed investigation.
The nature of the complaints was not disclosed by the department.
“The UTP regulations require that complainants and associated information are treated confidentially,” the spokesperson said.
UTP authority
The authority was established under the UTP regulations, signed by Minister for Agriculture, Food and the Marine Charlie McConalogue in April 2021, to deal with claims of unfair trading practices in the agri-food sector.
The body, which falls under the remit of the DAFM, has “the power to investigate complaints from suppliers, including primary producers, carry out investigations on its own initiative and initiate legal proceedings for breaches of the UTPs”.
Since April 28, 2022, all supply agreements for agri-food products must be in full compliance with the provisions of the 16 UTP regulations.
DAFM said that the authority has taken “a proactive approach” to increase awareness of the regulations, including a survey of over 3,000 agri-food businesses and farmers last year.
It is also working to address the “fear factor” which can impact the reporting of UTP breaches.
This includes the creation of a confidential tip-off online reporting platform on the authority’s website where farmers or current and former employees of a business that buys agri-food products can anonymously make information available.
Food regulator
The UTP Enforcement Authority is set to be replaced by the new office of the Agri-Food Regulator (An Rialálaí Agraibhia) once the Agricultural and Food Supply Chain Bill is passed.
The legislation is currently making its way through the Dáil before being passed to the Seanad.
“It is not possible to give an establishment date for the new regulator while the legislative process is on-going, but every effort is being made to ensure the legislative process is completed as soon as possible,” a DAFM spokesperson said.
The department said that an announcement will be made “in due course” on the identity of the chief executive for the new office.