FSAI goes to High Court to enforce closure order on food business

The Food Safety Authority of Ireland (FSAI) went to the High Court last month to enforce a closure order on a business after it continued to trade despite the order.

The closure order was one of 10 closure orders and two prohibition orders issued in July.

These orders, collectively referred to as enforcement orders, were issued for breaches of food safety legislation under to the FSAI Act, 1998 and the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020.

Closures orders can refer to the immediate closure of all or part of the food premises, or all or some of its activities, while prohibition orders are designed to prohibit the sale of a product, either temporarily or permanently.

The enforcement orders were issued by environmental health officers in the Health Service Executive (HSE).

Four closure orders were served under the FSAI Act, 1998 on:

  • Lidl Sallynoggin Road, Glenageary, Co. Dublin (order lifted on August 1);
  • Creed’s Foodstore, Burncourt, Cahir, Co. Tipperary (order lifted on August 6);
  • Brandon Hotel (closed areas include all kitchen areas, including dry goods store, wash up areas, staff canteen, restaurant and stills area), Prince's Street, Tralee, Co. Kerry (order lifted on July 25);
  • Emerald Park (closed area includes the storage unit located to the rear of 'coffee dock' in Emerald Park), Kilbrew, Ashbourne, Co. Meath (order lifted on July 15).

A further six closure orders were issued under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

  • Londis Athboy (closed areas include the deli/food preparation area and ice cream service area), Connaught Street, Athboy, Co. Meath (order lifted on July 28);
  • KRS Catering Stall (closed activity includes the service of all foods prepared off-site and transported to the venue; closure does not apply to the sale or service of beverages and foods prepared on-site), Powerstown Park Racecourse, Clonmel, Co. Tipperary (order lifted on July 17);
  • Tim Nessa, 2A John's Street, Co. Limerick;
  • Hidden Dojo Asian Street food, 47A Phibsborough Road, Phibsborough, Dublin 7;
  • Wakami Sushi & Asian, 47A Phibsborough Road, Phibsborough, Dublin 7;
  • Costa Coffee, 1 Dawson Street, Dublin 2 (order lifted on July 4).

In relation to one of the businesses listed above, Tim Nessa, 2A John’s Street, Limerick, the FSAI said: "The FSAI is aware that this food business...continued to trade despite the service by the HSE on July 8, 2025 of a closure order.

"As a result, and in accordance with the applicable legislation, the FSAI applied to the High Court for various orders including that the continuance of the food business operator be prohibited and that the food business premises should immediately close until the food business is notified in writing that contraventions in the closure order have been remedied, or further order of the High Court," the authority added.

The FSAI said the court granted an order to this effect on July 29, and that the parties concerned are at liberty to apply to the High Court in the meantime.

The authority said that the food business concerned will be monitored to ensure it complies with the High Court’s order, the HSE’s closure order, and the relevant food legislation.

Elsewhere, one prohibition order was served under the FSAI Act, 1998 on Ballymaguire Foods Unlimited Company, Rathmooney, Lusk, Co. Dublin for pre-packaged turkey and ham dinners.

Finally, one prohibition order was served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on Timothy Onwuegbusi, 2A John's Street, Limerick and Emeka Ikebudu, 2A John's Street, Limerick, for various products.

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Without referring to any particular business, the FSAI said that some of the reasons for enforcement orders in July include: rat droppings in a dishwasher room and food store; inadequate means to wash hands; owners and staff not wearing clean protective clothing; dead beetles observed in the bottom of a container of packaged food; various foods being kept at unsafe temperatures; rat droppings found in a storage unit; numerous rodent droppings on shelving; dead cockroaches in a main kitchen; and extensive food debris.

Commenting on July's enforcement orders, FSAI chief executive Greg Dempsey said: "Recent foodborne incidents serve as a stark reminder of the need for food businesses to maintain the highest food safety standards. Consumers are entitled to expect that the food they purchase is safe, and food businesses have a clear legal and moral responsibility to ensure that it is.

"The FSAI can provide support and advice to food businesses to help them meet their obligations. However, as demonstrated by the enforcement actions this month, where food businesses do not comply with their obligations, we will take action," Dempsey added.

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