Prosecution highlights fraud in the food supply chain

Shropshire Council’s public protection service is reminding traders about their legal obligations to comply with consumer protection and other trading legislation when supplying food within the wholesale and retail trades.   

The advice follows a successful prosecution on 17 May 2013 where Shropshire Council brought a case against Michael Andrew Smith, a 49-year-old from Alrewas in Burton-on-Trent, Staffordshire for dishonestly selling free range chickens described as being from Springfield Farm when this was not the true commercial origin of the chickens, being unable to identify the supplier of the chickens, carrying on a business under the prohibited trading name of Crystal Meats, and obstructing officers of the council by failing to supply information.

Due to the nature of the way Smith ran his business, particularly around the lack of traceability of the chickens being supplied, council officers were unable to verify whether the chickens supplied were free range or not.

Smith was charged with offences under the Fraud Act 2006, the General Food Regulations 2004, the Food Safety Act 1990, the Business Protection from Misleading Marketing Regulations 2008 and the Insolvency Act 1986.

Smith pleaded guilty to six offences.  The Magistrates Court sentenced him to a 2-year conditional discharge and ordered him to pay a £200 contribution towards the prosecution’s investigation costs.  The contribution to costs was considerably lower than the total costs involved in bringing the case to court. 

Frances Darling, Shropshire Council’s service manager for safer and stronger communities within public protection, said:

“The Magistrates commended the public protection service for the diligent work that went into this investigation.  Whilst sentencing was particularly difficult, given the personal circumstances of the defendant, the court confirmed it was absolutely correct that the case was brought before the courts.  I hope the case serves as a reminder to food traders that they must comply with the laws that exist to protect the quality and the safety of the food we eat.  Our primary ethos is to secure compliance through advice and guidance, as we wholly recognise the value of this approach in terms of supporting economic growth and prosperity in the county.  However, we are also committed to protecting the food chain and ensuring a fair trading environment exists for legitimate traders.  Consequently, where we find significant levels of non-compliance, particularly involving dishonesty and obstruction, we will investigate and bring legal proceedings where this is appropriate.”                     

Public protection advises food suppliers to take the following steps to avoid committing similar offences:-

• Describe food accurately; consider descriptions from a consumer’s perspective
• Where food is sold by businesses other than the producer, keep records from the producer and pass on the descriptions to customers in full 
• Retain records of suppliers and customers to help prove traceability
• Avoid using trading names that are the same or similar to names of businesses that have gone into liquidation
• Provide information to authorised officers when requested to do so. 

Steve Charmley, Shropshire Council’s Cabinet member responsible for public protection, added:

“The food production industry is worth in the region of £90 million to the UK economy with well over 4,000 people employed in the industry in Shropshire.  It is clear that ensuring the integrity of the supply chain, from a quality, safety, public health and economic perspective, cannot be underestimated.  The council has an important regulatory role to play in supporting this integrity and ensuring that public confidence is maintained in the food we consume.  I am confident that neither consumers nor businesses want another ‘horse meat scandal’ or worse in Shropshire.”

Shropshire-based traders can seek further advice on their consumer protection legal obligations from public protection’s business support and locality working team on 0345 678 9000; general business advice and support can be found on the council’s website here.

Shropshire Council encourages individuals and businesses to contact its public protection service on 0345 678 9000 if they have any suspicions that offences may be being committed.  Information can be given anonymously and will always be treated in line with the council’s information governance policies.