10 Feb 2009 - Ref 10/09
Horticultural Marketing Inspections (HMI), part of the Rural Payments Agency (RPA), successfully prosecuted Redditch based retailer Mr Roy Freeman - trading as Your Choice Fresh Food Mart - for displaying or offering for sale, sub-standard or incorrectly labelled, fresh fruit. This followed a series of risk assessment visits, conformity check visits, guidance and warnings over an 18 month period between May 2006 and November 2007.
On 26th November 2008 at Redditch Magistrates’ Court, Mr Roy Freeman pleaded guilty to a total of five separate breaches of the EC Marketing Standards for quality and labelling offences. At a sentencing hearing, held on 28th January 2009, he was fined a total of £4750.00. The fully itemised costs for the prosecution of £5327.50 were awarded in full which, along with victims’ surcharge, gave a total liability of £10,092.50.
The charges related to breaches of the EC Marketing Standards for fresh fruit and vegetables. Horticultural Marketing Inspectors carried out a series of targeted, risk-based inspections between May 2006 and October 2007 during which time they offered advice and guidance on grading rules to try to ensure an acceptable level of compliance from the store.
Despite repeated attempts at seeking compliance, including HMI issue of formal written notices and verbal warnings, and provision of an action plan, the firm still made no significant or lasting improvements.
This resulted in HMI making a final evidence gathering inspection on 19th February 2008, when they recorded the 5 separate quality and labelling offences. The following consignments were recorded in this prosecution as failing to meet the lowest marketable class; 2 separate consignments of apples (varieties, Egremont Russet and Bramley) and 2 consignments of Pears, (Varieties Conference from Belgium and Comice from French). There was a single consignment of Walnuts in Shells of an unknown origin which was found to be displayed or offered for sale in contravention of labelling rules.
In passing sentence, the Chair of the Bench commented the offences were serious and followed after a long period of intervention. He added that full costs were being awarded because if the company had responded to intervention, the matter could have been avoided.
Note to Editors
1 Your Choice Fresh Fruit Mart is an independent fresh fruit and vegetable retailer who operates within a supermarket style premises in the centre of Redditch.
2 The Company was ordered to pay fines of £1000 per offence (£4000) and £750 for the single labelling offence. The fully itemised costs for the prosecution of £5327.50 were awarded in full.
3 HMI is part of the Rural Payments Agency (RPA). The Inspectorate is responsible for the enforcement of the EC Marketing Standards for fresh fruit, vegetables, salad crops, nuts, cultivated mushroom, flowers and bulbs throughout England and Wales, wherever fresh produce is grown, imported, exported, bought or sold.
HMI operates a transparent risk-based approach to enforcement and has the principle aim of gaining cooperation and compliance from the trade it regulates at all stages of the distribution chain. Prosecutions are only taken as a last resort when all other options of education and advice have been exhausted.
The prosecution then follows the Hampton procedures of identifying and isolating any persistent and blatant offenders. The ultimate sanction of prosecution is then used as a clear deterrent to others who may look to break European Commission grading rules in order to obtain an advantage over other commercial competitors.
Further information about the work of HMI can be found on RPA’s website at www.rpa.gov.uk
RPA is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra), providing a range of key services in support of the department’s objectives, including making rural payments, carrying out rural inspections, and livestock tracing.
Media only contact: Caroline Forcer, press officer, 0118 9 687 680
Page published: 10 February 2009