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“FULL OF MYSTERIOUS PROMISE”. Amber Valley Borough Council v Burden Foods Ltd and Mr Graeme Charles Bruce Burden. Presented By: Matthew Salmon Environmental Health Officer. Denbur Foods Ltd (1). Denbur Foods Ltd (2). El-Sabah Evaporated Milk. Identification Mark: NL Z0345 EC.
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“FULL OF MYSTERIOUS PROMISE” Amber Valley Borough Council v Burden Foods Ltd and Mr Graeme Charles Bruce Burden Presented By: Matthew Salmon Environmental Health Officer
El-Sabah Evaporated Milk Identification Mark: NL Z0345 EC
Country Lane Evaporated Milk Identification Mark: UK FP 015 EEC
El-Sabah Expiry Date P 07 – 2009 E 01 – 2011
Pink Parrot Storage An estimated 1 ½ million cans of food were found in the warehouse, including another pallet of El-Sabah Evaporated Milk.
Actions & Notices (1) • Food Hygiene (England) Regulations 2006 – Regulation 27 Certificate. • Food Safety Act 1990 – Section 9 to Seize 3168 cans. • Food Hygiene (England) Regulations 2006 – Regulation 9: Remedial Action Notice.
Seized Cans & Labels 3168 cans seized & an estimated 100,000+ labels
Actions & Notices (2) • Food Condemnation Notice (Food Safety Act 1990). • Traceability Demand in accordance with Food Hygiene (England) Regulations 2006 & Regulation (EC) 178/2002, Article 18. • Condemnation and Destruction Order. • Product Recall
Was It Worth It? • 213,504 cans • Price Paid = £8,235 • Label Price = £1457 • Cheques “bounced” so neither the cans or labels were paid for. • Total expected earnings from sales = £18,613 • Losses to the business community = £40,000+
Food Charges • 1 count of Regulation (EC) 178/2002 Article 16 – False Best Before Date. • 1 count of Regulation 853/2004 Article 4 (1) – Handling Products of Animal Origin in non-approved premises. • 1 count of Regulation 853/2004 Article 5 (1) & (2) – Illegal use of ID Mark. • 1 count Food Safety Act 1990 Section 15 (1) – had in possession, foods likely to mislead consumers. • 5 counts Food Safety Act 1990 Section 15 (3) – Sold foods, likely to mislead consumers.
Fraud Charges • 5 counts Fraud Act 2006, Section 2 – dishonestly made a false representation and intended to make a gain for himself by offering for sale consignments of food not bearing the original Best Before Date or valid UK ID Mark. • 1 count Fraud Act 2006, Section 6 – had in his possession articles in connection with a fraud namely cleaning agents, wire brushes and labels.
Sentencing • Guilty plea to 9 food offences. • Not Guilty plea to 6 fraud offences. • 6 months imprisonment for each offence to run concurrentlysuspended for 2 years. • 6 month Supervision Order. • Disqualified from holding a Directorship for 4 years. • £15,000 costs.
HHJ Godsmark QC “What you did undermines the public system significantly, people in this country take for granted the integrity of the food they buy. It was no oversight on your part. This was a flagrant breach of laws that you were well aware of and therefore serious offences. You acted for personal gain, and in doing so compromised the public confidence".
