Category: food hygiene

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

Posted February 11th, 2021 in chambers articles, criminal procedure, food hygiene, interpretation, limitations, news, prosecutions, regulations, time limits by sally

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

Full Story

St Philips Barristers, 9th February 2021

Source: st-philips.com

Campaigners hail dramatic government climbdown in battle to protect post-Brexit food standards – The Independent

Posted November 2nd, 2020 in agriculture, bills, brexit, food, food hygiene, news, ombudsmen, standards by tracey

‘A dramatic government climbdown will protect post-Brexit food quality, delighted campaigners say – after fears that chlorinated chicken and hormone-fed beef would be allowed in. In another U-turn, Liz Truss has bowed to pressure to give teeth to a new watchdog to prevent trade deals, particularly with the US, watering down food and animal welfare standards.’

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The Independent, 1st November 2020

Source: www.independent.co.uk

Courts cannot critique “uncontroverted” expert reports – Litigation Futures

Posted August 26th, 2020 in civil procedure rules, courts, cross-examination, damages, expert witnesses, food, food hygiene, news, personal injuries by sally

‘It is not the role of the courts to subject “uncontroverted” expert reports to “the same kind of analysis and critique as if it was evaluating a controverted or contested report”, the High Court has ruled.’

Full Story

Litigation Futures, 25th August 2020

Source: www.litigationfutures.com

Enforcing the Novel Food regime – Part 1: Overview and Rationale – 3PB

Posted July 31st, 2020 in brexit, chambers articles, enforcement, food, food hygiene, health & safety, local government, news by sally

‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’

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3PB, 21st July 2020

Source: www.3pb.co.uk

36 Crime Criminal Updates – The 36 Group

Posted July 30th, 2020 in coronavirus, extradition, food hygiene, fraud, health & safety, news by sally

‘This summer Newsletter has, as always, a range of articles. For those of us who, just, knew a time before the dishonesty test in Ghosh, it is disturbing that it has been described as a wrong turn, and Arthur Kendrick analyses for us the consequences of the recent judgment of the Court of Appeal in Barton and Booth. The pandemic may be the result of the mis-handling of food sources, and Dharmendra Toor reflects on a decision from the early days of the pandemic that highlights the importance for us of the compliance with food safety regulations by food manufacturers, restaurants and supermarkets. Sally Hobson provides a helpful analysis and some guidance when dealing with cases following extradition to the UK for offences for which the individual was not specifically extradited. We are grateful to Mary Prior Q.C. for another summary of important and instructive cases recently decided across the broad range of practice and procedure in the criminal courts.’

Full Story

The 36 Group, July 2020

Source: 36group.co.uk

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date – Local Government Lawyer

Posted April 8th, 2020 in food, food hygiene, health & safety, judicial review, labelling, local government, news, sale of goods by sally

‘Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled “use by” date.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

MPs denounce food regulator after 2 Sisters chicken scandal – The Guardian

Posted November 17th, 2017 in food hygiene, news, reports, select committees by tracey

‘Scathing report by MPs attacks oversight and inspection regimes at Food Standards Agency and local authorities.’

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The Guardian, 17th November 2017

Source: www.theguardian.com

CCTV to be made compulsory in all animal slaughterhouses, Government announces – The Independent

Posted November 13th, 2017 in animal cruelty, closed circuit television, food hygiene, government departments, news, regulations, slaughter by tracey

‘CCTV will be made compulsory in all animal slaughterhouses under new government plans announced today. Michael Gove, the Environment Secretary, said that, from next spring, all abattoirs where live animals are present will be forced to install cameras in an attempt to clamp down on mistreatment.’

Full Story

The Independent, 12th November 2017

Source: www.independent.co.uk

Thomas Cook wins fake holiday sickness case – BBC News

Posted July 12th, 2017 in damages, food hygiene, fraud, holidays, news, personal injuries by sally

‘Travel company Thomas Cook says it has won a legal victory against a fake holiday sickness claim and plans to challenge other such claims in court.’

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BBC News, 11th July 2017

Source: www.bbc.co.uk

Asda fined £300,000 after dead mice, rotting food and fly larvae found at its depot – The Independent

Posted March 7th, 2017 in costs, food hygiene, news by tracey

‘Asda has been fined £300,000 after inspectors found dead mice and flies at a depot that distributes food to online shoppers in London and Essex.’

Full story

The Independent, 6th March 2017

Source: www.independent.co.uk

Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com

Posted February 22nd, 2017 in appeals, corporate manslaughter, costs, fines, food hygiene, health & safety, news, sentencing by sally

‘The introduction of the Definitive Sentencing Guideline for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences in February 2016 has resulted in a huge shift in the punishment of safety offences.’

Full story

OUT-LAW.com, 21st February 2017

Source: www.out-law.com

FSA: 4,000 major breaches of animal welfare laws at UK abattoirs in two years – The Guardian

Posted August 30th, 2016 in animal cruelty, food hygiene, news, regulations, reports, slaughter by sally

‘There were more than 4,000 severe breaches of animal welfare regulations over the past two years at British slaughterhouses, according to data released by the government’s food watchdog under freedom of information laws.’

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The Guardian, 28th August 2016

Source: www.guardian.co.uk

Khyber Pass kebab shop fined over human faeces contamination – BBC News

Posted September 24th, 2015 in compensation, fines, food, food hygiene, health & safety, news, sentencing, suspended sentences by tracey

‘The owners of a kebab shop which sold food contaminated with human faeces have been ordered to pay compensation to customers who became ill. A rare strain of E. coli – only the second outbreak of its kind in Europe – was found at The Khyber Pass in Nottingham in June 2014. In August, owners Mohammad Abdul Basit and Amjad Bhatti pleaded guilty to breaching food hygiene regulations.’

Full story

BBC News, 23rd September 2015

Source: www.bbc.co.uk

Slaughterhouse right of appeal JR against FSA unfit meat decisions, fails – Henderson Chambers

Posted July 27th, 2015 in appeals, EC law, food hygiene, judicial review, news by sally

‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’

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Henderson Chambers, 2nd July 2015

Source: www.hendersonchambers.co.uk

Pub chef and manager jailed over Christmas dinner that left a diner dead – The Guardian

Posted January 26th, 2015 in fines, food, food hygiene, health & safety, news, perverting the course of justice, sentencing by sally

‘A pub chef and his manager have both been jailed after a Christmas dinner served at their restaurant left a mother dead and dozens of other diners ill with food poisoning.’

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The Guardian, 23rd January 2015

Source: www.guardian.co.uk

New sentencing guidelines proposed for corporate manslaughter, health and safety and food safety offences. – Sentencing Council

Posted November 13th, 2014 in consultations, corporate manslaughter, food hygiene, health & safety, press releases, sentencing by tracey

‘Proposed sentencing guidelines have been published today which will assist sentencers dealing with corporate manslaughter, health and safety and food safety and hygiene offences.’

Full press release

Sentencing Council, 13th November 2014

Source: http://sentencingcouncil.judiciary.gov.uk

Chicken factory probe ordered by health secretary – BBC News

Posted July 25th, 2014 in environmental health, food hygiene, news by tracey

‘An investigation into allegations of hygiene failings at poultry processing factories has been ordered by Health Secretary Jeremy Hunt.’

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BBC News, 25th July 2014

Source: www.bbc.co.uk

Food outlets will be forced to display hygiene ratings – BBC News

Posted November 28th, 2013 in food hygiene, health & safety, news, small businesses, Wales by tracey

‘Wales has become the first part of the UK to force food outlets to prominently display food hygiene ratings. The new law, which came into force on Thursday, builds on a voluntary scheme, known as “scores on the doors”.’

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BBC News, 28th November 2013

Source: www.bbc.co.uk

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) – Supreme Court

Posted August 2nd, 2013 in appeals, food hygiene, health & safety, law reports, local government, Supreme Court by sally

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) [2013] UKSC 59 | UKSC 2012/0087 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted August 1st, 2013 in appeals, food hygiene, health & safety, law reports, local government, Supreme Court by sally

Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59; [2013] WLR (D) 321

“For the purposes of a prosecution under regulation 44(1)(d) of the Food Labelling Regulations 1996 (SI 1996/1499) it was sufficient for the prosecutor to prove that a defendant had food in its possession for the purposes of sale which was the subject of a label showing a “use by” date which had passed.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk