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Kent shopkeeper prosecuted for selling defective fruit (7 December 2015)

Date: 07/12/2015
Duncan Lewis, Legal News Solicitors, Kent shopkeeper prosecuted for selling defective fruit

A Kent shopkeeper has been prosecuted, after an investigation by the Horticultural Marketing Inspectorate (HMI) found quality defects and labelling offences in fruit and vegetables sold at his store.

Ishtiaq Ahmed – proprietor of the Garden of England store in Canterbury, Kent – was prosecuted after an HMI investigation in April 2015 found nine regulated displays breaking the EU marketing rules for fresh produce quality and labelling, including apples and lemons which failed to meet the lowest marketable standards permitted.

Inspectors visiting the Garden of England store at 19 St Dunstan’s Street in Canterbury found that lemons on display and on offer for sale had visible rots and skin blemishes that failed to meet the lowest marketable standard permitted for the defects – 7% rots and 10% severe skin defects.

Bramley apples on display and on offer for sale with visible rot and discoloured bruising also failed to meet the lowest marketable standard permitted for the defects – 6% rots and 75% discoloured bruise.

At Canterbury Magistrates’ Court, shop owner Ishtiaq Ahmed pleaded guilty to nine charges for selling fruit which failed to meet the lowest marketable standard permitted for the defects.

Ahmed was fined £1,305 with £2,871.42 in costs and a £20 victim surcharge.

After the hearing, Rural Payments Agency Operations Director, Paul Caldwell, said:

“Prosecution is only used as a last resort – and we will always try to get businesses complying with the marketing standards through advice and guidance and, where possible, with the full cooperation and support from the business itself.

“In this case, the prosecution followed a series of risk-based inspection visits to the shop, where we offered advice and guidance on how to be compliant.

“Mr Ahmed failed to meet his statutory responsibility – and failed to make sure the quality and labelling of the fresh produce he was offering on sale to consumers met the required minimum standards.”

The Horticultural Marketing Inspectorate is part of the Rural Payments Agency (RPA).

The Inspectorate is responsible for the enforcement of the EU
marketing standards for fresh fruit, vegetables, salad crops, nuts and cultivated mushrooms throughout England and Wales, wherever fresh produce is grown, imported, exported, bought or sold.

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