Client Thrilled with Successful Outcome in Food Safety & Hygiene Prosecution
KANGS has successfully secured a very satisfactory settlement on behalf of our client, a wholesale business handling food produce with a multi-million-pound turnover. The client faced charges for two offences related to food safety: marketing unsafe food products and using incorrect and misleading product labelling.
Following investigations, Hull County Council pursued proceedings against our client company under Regulation 19 of the Food Safety and Hygiene Regulations 2013.
Sukhdip Randhawa of KANGS explains how this highly satisfactory outcome was achieved.
The Investigation
During a routine inspection, Trading Standards Officers discovered produce supplied by our client’s company contained undeclared peanut content amongst its ingredients. They also found labelling was defective as it failed to declare the presence of peanut extracts.
Four Improvement Notices were served and despite subsequent communication by the company with the Investigating Officers, prosecution proceedings were issued.
How We Assisted Our Client
By way of preparation for the court proceedings, the team at KANGS:
- examined all relevant material including important photographs and the pertinent contract between our client company and a supplier,
- attended the director of our client company taking details of the circumstances leading to the prosecution,
- advised upon the nature of the charges faced and the possible consequences,
- considered and discussed in detail how the food product was sourced, as well as the supporting documents that our client had failed to provide to the council.
After thoroughly reviewing all the available evidence and noting the company's insufficient due diligence, we advised that the only feasible course of action would be for the company to enter a guilty plea, coupled with full details of all mitigating factors.
The Prosecution was provided with documentation that the company’s director had previously failed to disclose. Thereafter, discussions were conducted with the Prosecution which, initially, viewed the culpability of the company to be high and the degree of harm to be a Category 2 offence.
Upon this basis, a starting point for one offence would have been a fine of £24,000 with a range of between £8,000 and £90,000.
The Successful Outcome
At the Hearing, after considering the detailed mitigation collated, prepared and submitted by the team at KANGS, the Magistrates fined the company a total of £5,000 in respect of BOTH offences plus a victim surcharge and costs.
Given the extremely substantial fine that he had anticipated, our client was absolutely delighted with this outcome achieved, stating that he was ‘very satisfied’ with our overall service and confident in recommending KANGS.
How Can We Help You?
The team at KANGS is highly regarded for its outstanding defence work, particularly in representing clients facing criminal proceedings related to regulatory offences, particularly in food safety and hygiene matters.
It is essential that any business or individual facing any criminal investigation or prosecution should seek immediate expert legal advice and support. Our skilled solicitors have a successful history of handling complex food safety cases and offences of a regulatory nature.
If we can be of assistance, please do not hesitate to contact our team using the details below, they would be delighted to hear from you:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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