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Birmingham wholesaler prosecuted for selling defective produce (15 January 2016)

Date: 15/01/2016
Duncan Lewis, Crime Solicitors, Birmingham wholesaler prosecuted for selling defective produce

A Birmingham-based wholesaler has been prosecuted for selling defective fruit and vegetables, following an investigation by the Rural Payments Agency’s (RPA) Horticultural Marketing Inspectors (HMI).

Four Season Exotic Limited – located at Birmingham Wholesale Market, Pershore Street in Birmingham – was found to be offering for sale rotten fruit and vegetables, which failed to meet minimum quality standards.

An HMI inspection conducted on 25 February 2015 found two regulated displays in breach of the EU marketing rules for fresh produce quality, which included orange sweet peppers found being offered for sale in a rotten condition.

Inspectors from HMI made efforts to work closely with Four Season Exotic Limited’s director, Jaffer Mohammad – including face-to-face meetings, verbal warnings and formal written notices – to improve compliance by the company.

However, at Birmingham Magistrates’ Court, Four Season Exotic Limited was fined more than £3,500 for breaches of EU marketing rules.

The hearing took place on 22 December 2015 and a second hearing had been due to take place on 4 January 2016. However, the company entered guilty pleas to the charges brought, which were accepted by the court on 31 December 2015.

Four Season Exotic Limited was fined £800 for the offences, with £2,709.95 in costs and a £40 victim surcharge.

RPA Operations Director Paul Caldwell said:

“The RPA’s Horticultural Marketing Inspectors pursue criminal prosecution as a last resort, when all other attempts to gain the compliance of traders have failed.

“It is important that consumers have confidence and are reassured that they are buying good quality fresh produce, which is accurately labelled. We will not hesitate in taking all necessary steps to ensure that they do.

“The prosecution followed a series of risk-based enforcement visits and inspections, carried out by Horticultural Marketing Inspectors between February 2014 and February 2015.”

Horticultural Marketing Inspectors are part of the Rural Payments Agency.
The team is responsible for the enforcement of the EU marketing standards for fresh fruit, vegetables, salad crops, nuts and cultivated mushroom, throughout England and Wales, wherever fresh produce is grown, imported, exported, bought or sold.

Duncan Lewis Business Crime Solicitors

Duncan Lewis business crime solicitors can advise at any stage of an investigation or charge relating to public protection matters, including charges involving selling defective produce, labelling offences, weights and measures, selling counterfeit goods, selling illegal alcohol or tobacco, importing and/or selling banned products – breaches of hygiene or food safety regulations.

There are Duncan Lewis offices nationwide and a Duncan Lewis solicitor can attend interviews or inspections with investigating authorities such as RPA/HMI, RPA, HSE, Border Force or local authorities.

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


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