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London greengrocer fined for breaches of EU produce marketing standards (2 March 2016)

Date: 02/03/2016
Duncan Lewis, Legal News Solicitors, London greengrocer fined for breaches of EU produce marketing standards

A London greengrocer has been prosecuted after an investigation by Her Majesty’s Inspectorate (HMI) found the business failed to meet fresh produce marketing standards.

Paul Wheeler – director of Paul Wheeler (Fresh Supplies) Ltd, based at Borough Market – was prosecuted for displaying, offering for sale and selling fruit and vegetables which failed to meet the statutory labelling requirements.

The company Paul Wheeler (Fresh Supplies) Ltd operates at Unit 14,Three Crown Square, Southwark in southeast London.

After a lengthy investigation into the business lasting 15 months, a final HMI inspection conducted on 14 July 2015 found 18 displays in breach of the EU marketing rules for fresh produce labelling – which included products found on display and on offer for sale to the public without the required country of origin and, where required, a variety and quality class label.

At Camberwell Magistrates’ Court, Mr Wheeler pleaded guilty to18 separate labelling offences and was fined £2,100 and a £40 victim surcharge.

He was also ordered to pay a further £1,770 in prosecution and investigation costs, bringing the total penalty awarded to £3,910.

In sentencing, the Chair of the Court pointed out that these were serious offences – and Mr Wheeler could not ignore the legislation.

Rural Payments Agency Operations Director Paul Caldwell said:

“Concerted efforts were made by HMI to work closely with Mr Wheeler and his staff, with face-to-face meetings, verbal warnings and formal written notices – all aimed at achieving improved compliance from the business.

“HMI relies on face-to-face inspections to provide advice and guidance to retailers such as Mr Wheeler, to help them fully appreciate the value of adopting clear and transparent labelling to help reassure customers of the quality and origin of the fresh produce they are buying.

“Unfortunately, such advice is not always heeded – and when all other options have been exhausted, we will resort to the use of criminal sanction to bring about a required change in behaviour.”

Horticultural Marketing Inspectors are part of the Rural Payments Agency (RPA).

The inspectors are 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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There are Duncan Lewis offices nationwide and in most major cities – and Duncan Lewis can advise even before charges are brought.

For expert legal advice on public protection offences, call Duncan Lewis criminal solicitors on 0333 772 0409.

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