Hygiene and food safety
Our specialist barristers provide advice at all stages of an investigation. We are instructed by the enforcing authority as well as by food business operators.
Members of our team provide advice to food businesses in relation to a broad range of hygiene and safety issues such as; unsafe food (including food poisoning), application of the hygiene rules, food safety management systems and HACCP, traceability, withdrawal and recalls.
We advise and represent clients in cases involving the closure of food premises, appeals against enforcement action, judicial review and in criminal prosecutions for breach of food hygiene and food safety legislation.
The Sentencing Guideline applicable to food law prosecutions can result in significant penalties for companies and individuals and preparing for these cases often requires a careful and strategic approach to be taken. Our barristers have substantial experience in cases involving the application of the Guideline.
Recent work in this area includes:
- London Borough of Ealing v a food business manufacturer – for the defence in a prosecution under the hygiene regulations involving unhygienic premises
- Food Standards Agency v a slaughterhouse – for the defence in multiple prosecutions involving breaches of SRM requirements and hygiene regulations
- Food Standards Agency v Selfridges – for the prosecution and the defence in a case involving the sale of raw milk
- London Borough of Ealing v a restaurant – for the prosecution in a prosecution alleging unhygienic premises, lack of training and involving a food poisoning outbreak
- Food Standards Agency v a slaughterhouse – for the prosecution and for the defence in a case involving animal by-products
- Westminster City Council v a national supermarket chain – for the defence in a prosecution under the hygiene regulations
- R v a high street retailer – for the defence in a prosecution under the hygiene regulations involving a serious rodent infestation
- Westminster City Council v a national supermarket chain– for the defence in a prosecution under the hygiene regulations
- Food Standards Agency and a poultry producer – for the FSA in a High Court challenge against the withdrawal of an operator’s licence
- FSA v an abattoir – for the abattoir in a series of appeals against the service of enforcement notices
- FSA v a slaughterhouse – representing the slaughterhouse in an investigation to supplying meat without a health mark
- A food business v Luton Borough Council – representing the company in a statutory appeal relating to the emergency closure of its restaurant
- Luton Borough Council v a food business – for the company defending a criminal prosecution under the hygiene legislation
- Westminster City Council v a restaurant – for the restaurant defending a criminal prosecution under the hygiene legislation
- Advising on an EU-wide food recall
- Advising on the correct identification of the food business operator in a multi-sector food business
- Advising a director of a food business in respect of an investigation allegations of wide-spread illegal activity. No prosecutions were commenced.