S. I No. 117 of 2010: EUROPEAN COMMUNITIES (OFFICIAL CONTROL OF FOODSTUFFS) REGULATIONS 2010 CLOSURE ORDER

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1 of 5 27/08/2018, 09:58 / Environmental Health Service, Whitemill Industrial Estate, Wexford Phone: 24/08/2018 House of Lotus Limited, Mrs Laura Chan, Company Director and Company Secretary, 70 South Main Street, Wexford, S. I No. 117 of 2010: EUROPEAN COMMUNITIES (OFFICIAL CONTROL OF FOODSTUFFS) REGULATIONS 2010 CLOSURE ORDER To: House of Lotus Limited, 70 South Main Street, Wexford, I, being an authorised officer of the Health Service Executive under the Food Safety Authority of Ireland Act, 1998 and S. I. 117 of 2010, and in exercise of the powers conferred on me by Regulation 19 of S.I 117 of 2010, hereby direct that the food business cease operating or the premises be closed as specified in Part 1 of the Schedule be closed with immediate effect until the earliest of: - (i) an Order to contrary effect by a Court of competent jurisdiction; or (ii) further written direction by the Health Service Executive I make this order being of the opinion that there is failure to comply with food legislation for the particular reasons set out in Part 2 of the Schedule and of the opinion that all or part of the food business to which the order relates should cease operating or all or part of the premises to which the order relates should be closed as specified in Part 1 of the Schedule. Schedule Part 1 Food business/premises The premises occupied by House of Lotus Limited at 70 South Main Street, Wexford, and name trading as Lotus

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3 3 of 5 27/08/2018, 09:58 This closure order requires All the food business to cease operating/all the premises to be closed Or Part of the food business to cease operating X The activity of the supply of food from Lotus, South Main Street, Wexford to any other food business. Or Part of the premises be closed Part 2 Particular reasons for making of Order 1. Regulation EC No 178/2002 Article 17 The food business operator failed to ensure that foods being supplied to another food business satisfied the relevant requirements of food law and failed to verify that such requirements were met. The Food Business Operator failed to comply with previous oral and written instructions from the competent authority (HSE) ordering them to comply with food law in this regard. Risk: Failure to discharge responsibilities for general food law may pose a risk to food safety and thereby to public health. 2. Regulation 852/2004 Hygiene of Foodstuffs Annex II Chapter IX (3) The food business operator failed to transport food in a suitable vehicle in a manner which adequately protected food from potential contamination by the transport vehicle and which failed to adequately segregate raw and cooked food. The same vehicle was also used to transport waste oil. Risks: Transport of food in domestic vehicles and failure to adequately pack and segregate raw and cooked food during transport and the transport of waste materials in the same vehicle may result in contamination of food and thereby pose a risk to public health. 3. Regulation 852/2004 Hygiene of Foodstuffs Annex II Chapter X (1) and (4) The food business operator failed to provide suitable wrapping and packaging materials that were not a source of food contamination and failed to adequately protect high risk food from contamination during transport. Raw mushroom containers were reused for storage and transport of cooked food which was loosely covered in cling film. Risk: Re-use of packaging materials which are not easy to clean and disinfect and which do not fully enclose the food, for the storage and transport of high risk foods, poses a risk of food contamination and a risk to public health. 4. Regulation 852/2004 Hygiene of Foodstuffs, Annex II, Chapter 1(2)(a) The food business operator failed to provide adequate work space for the hygienic performance of the additional preparation required to supply food to another food business. The new area of the kitchen which

4 4 of 5 27/08/2018, 09:58 was intended for use for this activity has not been not completed and rendered operational (with the exception of the cold room). Risk: The lack of adequate work space can result in inadequate segregation of raw and cooked food and potential contamination of food which may pose a risk to public health. 5. Regulation EC No 178/2002 Article 18 (1) The food business operator failed to provide any information (by relevant labelling or documentation) to the food business being supplied by them to allow traceability of the prepared high risk foods to be established through all stages of production, processing and distribution. Food labels or invoices were not provided for any of the food supplied to the other food business. Risk: The loss of traceability data may result in inability to adequately withdraw and recall products. 6. Regulation 1169/2011 on the Provision of Food Information to Consumers Regulation, Chapter III Article 6 and Article 8(6) The food business operator failed to provide any food information either on labels or accompanying documentation to the mass caterer to which they supplied the food. The receiving food business was not informed of necessary information e.g. as to whether food was previously frozen, or as regards the shelf life of the products supplied. Risk: Lack of information may result in unsafe or inappropriate use of the food by the receiving premises, which may pose a risk to public health. 7. Regulation 1169/2011 on the Provision of Food Information to Consumers Regulation, Chapter VI Article 24 (1 & 2) The food business operator failed to provide a date of minimum durability for highly perishable fresh and frozen foods which were supplied to another food business. Risk: The lack of a date of durability and a frozen on date for frozen food results in inadequate information being provided to the food business supplied in order to allow them to use the food safely, which may pose a risk to public health. 8. S.I 489 of 2014 (Health Provision of Allergen Information to Consumers in Respect of Non Pre-Packed Food )Regulations 2014 Part 2(4) The food business operator failed to provide written particulars of any allergens in food at the point of supply. Risk: Lack of information prevents the receiving premises from being able to accurately inform their customers regarding any allergens present in the food which they serve, which may pose a risk to public health. 9. Regulation 852/2004 Hygiene of Foodstuffs Article 5 (2)(b) The food business operator failed to identify the critical control points of the production and supply of high risk food to another food business through their documented procedures based on HACCP principles, for instance the relevant section on the transport of food was not completed in their documented procedures based on HACCP principles.

5 5 of 5 27/08/2018, 09:58 Risk: Failure to identify critical control points may result in failure to adequately control the risks to food safety associated with the activity, which may pose a risk to public health. 10. Regulation 852/2004 Hygiene of Foodstuffs Article 5 (2)(d) The food business operator failed to monitor and control the risks to food safety associated with the production and supply of food to another food business through procedures based on the principles of HACCP. The food business operator was not monitoring the temperature of food being transported. Risk:Lack of monitoring and control of risks associated with the production and supply of food can result in failure to identify when food is not meeting critical limits for food safety, this may pose a risk to public health. 11. Regulation 852/2004 Hygiene of Foodstuffs Article 5 (2)(f) The food business operator failed to establish procedures to verify that measures to protect food safety were in place and working effectively in relation to the production and supply of food to another food business, as required under the procedures based on the principles of HACCP. The food business operator/management was not adequately supervising the supply of food or verifying that appropriate monitoring records were being maintained. Risk: The lack of food business operator/delegate verification checks and controls resulted in a lack of control over the activity of the supply of food to another food business, this may pose a risk to public health. Dated this day: 24/08/2018 Signed: Authorised Officer duly authorised by Health Service Executive for purposes of Regulation 19 of S. I. 117 of Note: Under Regulation 19(5) of S.I. No. 117 of 2010, a person who is aggrieved by a Closure Order may, within the period of seven days beginning on the day on which the Closure Order is served on him or her, appeal against the Order to a Judge of the District Court in the District Court District in which the Order was served. Under Regulation 19(6) a person who appeals against a closure order or who applies for a direction suspending the application of the closure order under paragraph (4) shall at the same time notify the Authority or official agency of the appeal or the application and the grounds for the appeal or the application and the Authority or official agency shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.