Enforcement of Unfair Trading Law

An Rialálaí Agraibhia (Agri-Food Regulator) has been designated as the Enforcement Authority under the UT Regulations. These Regulations transpose into Irish law Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.

The Agricultural and Food Supply Chain Act 2023 provides wide ranging powers to the Regulator for the purpose of enforcing the Unfair Trading Regulations:

• The Agri-Food Regulator may at any reasonable time carry out inspections of buyers, including unannounced inspections.
• The Agri-Food Regulator may enter premises where the officer has reasonable grounds for believing that there are records or anything used in connection with agri-food products.
• The Agri-Food Regulator can examine records and inspect and take copies of anything used in connection with an agri-food products. This does not need to be on the basis of a complaint or suspicion of an alleged infringement.

The Regulator may also conduct investigations of an alleged or suspected unfair trading practice where the Regulator has reasonable grounds for believing that — (a) an offence, is being, or is about to be committed on the premises, or (b) evidence of an offence is likely to be found on the premises.