24 September 2009 - Ref 36/09
Horticultural Marketing Inspections (HMI), part of the Rural Payments Agency (RPA), successfully prosecuted Bradford based retailer Mr Rehan Hanif - trading as Hasaan Danyal Foods - for displaying and offering for sale, sub-standard or incorrectly labelled, fresh fruit. This followed a series of risk assessment visits, including conformity check visits, guidance and warnings by HMI Inspectors over an 15 month period between November 2007 and January 2009.
On 1st September 2009 at Bradford Magistrates` Court, Mr Rehan Hanif pleaded guilty to a total of 21 separate breaches of the EC Marketing Standards for quality and labelling offences. At a sentencing hearing, held on 15th September 2009, he was fined a total of £2000.00 The fully itemised costs for the prosecution of £4000.00 were awarded in full which, along with victims’ surcharge, gave a total liability of £6015.00.
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 November 2007 and January 2009, 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 8th January 2009, when they recorded the 21 separate quality and labelling offences. The following consignments were recorded in this prosecution as failing to meet the lowest marketable class permitted; 2 separate consignments of apples (varieties, Golden Delicious and Royal Gala), a consignment of Table Grapes (variety not stated) and Shelling Peas.
There were also a number of consignments found to be on display and on offer for sale in contravention of the EC labelling rules. These consignments include; 2 separate consignments of Spanish satsumas, Spanish clementines and oranges, Egyptian Oranges, 2 consignments of Canary Island tomatoes, Italian plums, Argentinean cherries, Apples from USA, Moroccan courgettes, Spanish Iceberg and Indian Aubergines.
In passing sentence, the District Judge indicated that the amount of costs sought by the prosecution was entirely appropriate and had taken into account the Defendant’s means. She indicated that the authorities had tried to give support to the shop, but the defendant had not taken up that support.
Note to Editors
1 Hasaan Danyaal Foods is an independent fresh fruit and vegetable retailer who operates within a supermarket style premises in the Bradford area.
2 Mr Rehan Hanif was ordered to pay total fines of £2000. The fully itemised costs for the prosecution of £4000.00 were awarded in full including Victims support surcharge of £15.00
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: 25 September 2009