04 May 2010 - 13/10
On 26th March 2010 at Leeds Magistrates’ Court, Mr Mohammed Yasin (Director) and Mr Ifthikar Hussain (Company Secretary) of retailer Noshi Foods International Limited, each pleaded guilty to a total of 23 separate breaches of the EC marketing standards for fresh produce for quality and labelling offences.
Horticultural Marketing Inspections (HMI), brought the prosecution against the firm trading at Harehills Road, Leeds for displaying and offering for sale lemons, Conference pears, cauliflower, courgettes, Iceberg lettuce, mushrooms, and garlic, all were of sub-standard quality. In addition, strawberries, apples, lemons, Conference pears, cabbage, garlic, mushrooms, leeks, aubergines and avocado pears were all found with labelling defects.
The prosecution followed a series of risk-based enforcement visits, including conformity check inspections. Repeated inspection visits were carried out by HMI Inspectors over a thirteen month period between May 2008 and June 2009, providing initial advice and guidance, culminating in more formal warnings and instruction. Concerted efforts were made by the HMI to work closely with the firm’s sales staff and management; this included face-to-face meetings, verbal warnings and the issue of formal written notices. all aimed at achieving improved compliance from the company.
As a result of their breaches, Mr Yasin and Mr Hussain were fined a total of £23,000. The prosecution were also awarded full costs of £8,014.00, giving a total liability of
£31,014.
In passing sentence, the court recognised the firm had been offered ample opportunity to improve its compliance with these regulations but had clearly failed to do so.
Note to Editors
1. Noshi Foods International Limited is an independent medium-sized general grocery store located in a prominent position on the busy Harehills Road in Leeds.
2. The charges against the company were 23 separate quality and labelling offences. The quality charges were for the following products failing to meet the lowest marketable class permitted (i.e. Class II): Conference pears for 62% rotting, cauliflower for 13% rotting and 12% discoloured bruising, iceberg lettuce for 23% rotting, lemons for 5% rotting and 3% skin deterioration, garlic for 21% rotting and 15% externally visible shoots, courgettes for 27% not fresh in appearance and mushrooms for 44% not fresh in appearance and 33% discoloured bruising. There were a further 16 products which failed to meet the labelling requirements 15 of which did not state the country of origin.
3. The 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 and cultivated mushroom, 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 Inspectorate 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: Mel Capper, press officer, 0118 9 687 680
Page published: 4 May 2010