Enhanced safety protocols at Nenagh food operation
Nenagh District Court recently heard of new safety protocols put in place at a local school lunch operation following a major intensification of its activities.
The HSE’s National Environmental Health Service prosecuted The Lunch Bag Ltd and Splitstone Ltd, both of Unit 21, Lisbunny Industrial Estate, Nenagh over two incidents that arose last year.
Splitstone pleaded guilty to misleading, inaccurate or unclear communications regarding the labelling of meals it produced on January 31, 2025. The Lunch Bag pleaded to a similar summons that related to follow-up communications with schools and parents on February 4.
Splitstone further pleaded to a food safety summons arising from the discovery of a metal blade in a school lunch on May 27.
The court heard that the two companies were involved in a joint venture; Splitstone manufactured meals at Lisbunny while The Lunch Bag distributed the meals around the country. The Lunch Bag was also involved in marketing and operated an app that parents used to order lunches for their children.
Lorcan O’Brien, Senior Environmental Health Officer with the HSE, outlined an intensification of operations in Nenagh after the companies became involved in the State-funded school meals programme. When the HSE inspected the Lisbunny premises in September 2024, approximately 20,000 meals were made daily at the site. By the following February, this has risen to almost 100,000 meals per day.
STORM ÉOWYN
Mr O’Brien told the court that a number of complaints were made to the Food Safety Authority after children, teachers and parents spotted labels with expired “use by” dates in the aftermath of Storm Éoywn. Lunches labelled with a use by date of January 27 and 28 were supplied to children on January 30. More than 7,000 meals with an expired date label were supplied to 60 schools in counties Cavan, Galway, Kerry and Offaly. The FSA referred the matter to the HSE on January 31.
Mr O’Brien detailed the disruption caused by the storm, with schools reopening on different days following the Red weather alert. He said Splitstone was of the view that the food was safe to eat as microbiological research indicated that it could be consumed up to five days after the date of preparation because it was refrigerated. The company wanted to ensure that “good food is not wasted”.
LETTER SENT ‘IN ERROR’
Mr O’Brien gave evidence of a letter being sent to parents through The Lunch Bag app on February 4. He said the letter was “misleading” in that it indicated that a meeting had taken place with the Environmental Health Officer and he was satisfied with the matter. Mr O’Brien told the court that this was not the case, and the HSE served both The Lunch Bag and Siltstone with notices in relation to their communications the following day.
The Environmental Health Officer said that five days later The Lunch Bag issued an apology, stating that the letter in question had been a “holding statement” that was sent “in error”. The Lunch Bag apologised for the confusion caused and assured that the matter had been addressed internally.
On February 27, six members of the NEHS made an unannounced visit to the Lisbunny premises. Mr O’Brien said the team spent the whole day there and left satisfied that their previous notices had been complied with.
FATHER ATE CHILD’S LUNCH
But the following May 28, the Food Safety Authority received another complaint after a child at a school in Dublin brought their unfinished lunch home. The court heard that the child’s father decided to finish the lunch and felt something strange in his mouth. He took out a small metal blade that had been in the food.
The school principal made a complaint to The Lunch Bag and the FSA; the matter was again referred to the HSE. Mr O’Brien inspected the Nenagh premises again on May 30. It was determined that the piece of metal had “snapped off” a slicing machine that was used for cutting frozen broccoli. It was one of three pieces that were lost; two were found but one remained missing.
A notification was sent out on the app about the possible presence of metal in a chicken broccoli pasta meal made on a specified date. Splitstone was required to temporarily cease using a number of machines until an assessment was carried out and new safety measures put in place.
‘SIGNIFICANT STEPS’
Counsel for Splitstone and The Lunch Bag, Alison Fynes outlined “significant steps taken by both companies to ensure this does not happen again”. This included an investment of more than €100,000 in metal detectors, as well as three additional food safety staff and a full-time quality manager.
New training and risk assessment protocols were introduced for staff. Splitstone was now using defrosted rather than frozen broccoli in its processing. A policy was now in place to ensure that any food not delivered within its use by date would be rejected and dumped.
Ms Fynes also mentioned a number of initiatives her clients were involved in with regard to promoting healthy eating for schoolchildren, and awards they had received. She pointed out that neither company had any previous convictions.
‘COMMUNICATIONS FIASCO’
Judge Marie Keane said she was “taken aback to say the least” that production in Nenagh could expand so much in the space of five months “without any oversight by the authorities”. Judge Keane described the defendants’ handling of the situation that arose with Storm Éowyn as a “communications fiasco”. She said an attempt had been made to “misrepresent the position of the Environmental Health Officer” and lead parents to believe that the situation was “business as usual”, which she regarded as a “very serious matter”.
The judge said it was fortunate that the piece of metal was not consumed by the child or their father. She acknowledged the remedial actions taken with regard to production operations in Nenagh since, and that these were to the satisfaction of the HSE.
Judge Keane was informed that the maximum fine in respect of each summons was €5,000. She imposed a conviction and fine of €2,500 on Splitstone with regard to labelling matter on January 31.
The Lunch Bag was convicted and fined €1,500 over the communications issue on February 4. A further conviction and fine of €1,500 was imposed on Splitstone in relation to the piece of metal.
Judge Keane observed that an arrangement was in place regarding costs, with the two companies agreeing to share costs stated at €15,000 between them.