Court case ruling on mouldy food

Stratford Magistrates Court has awarded Stratford-on-Avon District Council £983.35 following a recent court case and fined Lee Sherlock and Debra Wilkes of Henley Bakery £500 each.  

Following an investigation by Environmental Health Officers at Stratford-on-Avon District Council, Henley Bakery, 90 High Street, Henley-in-Arden was found guilty of selling a mouldy steak slice pasty and also having a mouldy steak slice on display in the shop.  

The purchaser of the steak slice complained to the Public Protection Division of Stratford-on-Avon District Council on the 19th of July 2006 advising that he had eaten some of the pasty and on examining it found the surface of the meat to be covered in mould.  

Craig Ewing, Senior Environmental Health Officer investigated and visited Henley Bakery where he discovered that the refrigerated display cabinet varied in temperature between 12°C and 24°C.  A steak slice taken from the display was found to be mouldy. On seeing this Debra Wilkes stated that she would dispose of all the meat products on display and the display cabinet would not be used until it was serviced.  

Mr Groves, the duty solicitor acting for Mr Sherlock and Ms Wilkes stated that the problem had occurred when a fault had developed in the refrigerated display cabinet during the very hot weather and the temperature of the food was not being monitored at that time. His clients were very sorry.  

The magistrates on sentencing advised that the sentence had taken into account the fact that they were sole traders and not part of a larger concern.    

They were fined £500 each on the first offence with no fine on the second and the District Council's expenses, with the exception of the solicitors fee of £983.35 were to be paid in full and would be evenly split between Lee Sherlock and Debra Wilkes.

These offences were contrary to Regulation 4(b) of the General Food Regulations 2004 and Article 14 of Regulation (EC) No. 178/2002.

To comply with food safety legislation chilled meat products should be stored below 8°C and the temperature should be regularly monitored. Most moulds are generally relatively harmless to most people but meat products stored at warm temperatures increases the risk of the growth of harmful bacteria which can cause food poisoning.

By law food businesses must have a documented food safety system with which they should be able to demonstrate that their food is safe for consumption. Planned routine maintenance and temperature monitoring at the bakery would have identified this problem making it preventable. This case demonstrates the importance of managing food safety.

Over the past 15 months the public protection team have been actively supporting food business operators in developing their safe food management systems with free training and mentoring which was funded by the Food Standards Agency.

The District Council now publish Food Hygiene Inspection Ratings on the District Council website making it possible for the public to select premises with a good record of compliance.