Judgment in judicial review of Food Standard Agency’s approach to transport and hygiene of food

March 3, 2022

Mr Justice Choudhury recently handed down judgment in a judicial review brought by Higginshaw Abbatoir Limited and their Director challenging the Food Standards Agency’s reliance on Regulation (EC) No. 853/2004 which lays down rules for the transport and hygiene of food.

The case arose out of a prosecution brought by the FSA for allegedly transporting warm (i.e. unchilled) meat in breach of the EU Regulation. The judgment sets out the approach which courts will take when assessing whether national legislation is required to implement specific provisions of EU Regulations and sets out the FSA’s power to bring proceedings against operators allegedly involved in the transport of warm meat. The court also upheld the FSA’s service of notices and informations relating to the prosecution which continues.

Nicholas Ostrowski appeared for the FSA