Time and again British courts have held perpetrators of food crimes responsible for their actions, and by doing more than simply allowing civil suits against their companies to proceed.  In another such example, the owner of a fish “take away” (“carry out” or “to go” to us) stand was sentenced to jail for 8 months, and will never be allowed to operate a foodservice business again (Query: can he become a well-paid consultant to the food industry?)

The Ellesmere Port-Pioneer:

Aslan admitted that in July of 2009 cooked and ready-toeat food was not protected at all stages of production, processing and distribution, against contamination, likely to render the food unfit for human consumption.

He failed to notify the council that he had become the food business operator at the fish bar at Council Street in Llay, and failed to put in place permanent procedures to identify hazards or corrective actions. He failed to ensure his food management procedures were up to date and failed to have adequate pest control procedures. Doors were said to be kept open without insectproof screens and an electrical fly killer was not working.

There were no materials for the cleaning or hygienic drying of hands in the food preparation area, no hand drying materials in the staff WC and the hand wash basin was not available for washing hands because it was used for storing clothes.

He also admitted being responsible for the development of a food safety management procedure at the premises, despite receiving inadequate training.

The judge said he accepted there was no malicious intent – but could not accept the defence claim that he had been complacent.

What would the wigged one have said about an eight foot pile of chicken manure?   

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Photo of Drew Falkenstein Drew Falkenstein

Drew Falkenstein joined Marler Clark in January, 2004 and has concentrated his practice in representing victims of foodborne illness. He has litigated nationwide against some of the biggest food corporations in the world, including Dole, Kellogg’s, and McDonald’s.  He has worked on landmark…

Drew Falkenstein joined Marler Clark in January, 2004 and has concentrated his practice in representing victims of foodborne illness. He has litigated nationwide against some of the biggest food corporations in the world, including Dole, Kellogg’s, and McDonald’s.  He has worked on landmark cases that have helped shape food safety policy, HACCP protocol, and consumer rights, such as the E. coli outbreak in fresh spinach in 2006 and the 2008 Peanut Corporation of America outbreak of Salmonella. A frequent speaker for the not-for-profit organization Outbreak, Inc, Mr. Falkenstein travels the country to address public and environmental health organizations as well as food safety meetings and annual educational conferences.  He speaks on the intersection of law and public health, and addresses companies on how to prevent food borne illness outbreaks.