NORTHAMPTON STORE BREACHES TRADING RULES
The Horticultural Marketing Inspections (HMI) has completed its prosecution of the Sainsbury’s Supermarket Limited, specifically of its branch at Princes Walk, Grosvenor Centre, Northampton in relation to breaches of the EC Grading Rules for fresh fruit and vegetables on 12 June 2007. The supermarket displayed and offered for sale Brazilian Royal Gala apples and English Iceberg lettuce, both claiming Class I. However, following inspection by HMI, both consignments were found to be out of grade (failing to meet the lowest marketable class permitted i.e. Class II of the EC Marketing Standards for regulated fresh fruit and vegetables) for heavy bruise and rot respectively. A further five labelling offences (no class and/or country of origin stated) were identified against displays of aubergines, courgettes, kiwi fruit and clementines. All these consignments were in contravention of Section 14 of the Agricultural and Horticulture Act 1964.
The defence provided mitigation which included details of training programmes, quality control checking initiatives and procedure manuals for its sales staff, as well as secondary level quality checks for all its supervisors and store mangers. Additional quality control measures employed by the company included regular pre-opening store walks and out of store investigators that make unannounced spot checks of quality and labelling displays. However, the defence conceded that despite this there had been an inexplicable breakdown on the day that the offences were committed.
Magistrates summarised by stating that the public has a need to be protected in matters of labelling and quality offences. However, they did take into account the guilty pleas offered on behalf of Sainsbury’s Supermarket Limited and the fines were reduced from £2,500 to £1,500 for each of the seven labelling and quality offences.
Total fines = £10,500.
Total Cost = £3,797.50
Total fines and Costs = £ 14,297.50
Notes to editors
1. The HMI, which is part of the Rural Payments Agency (RPA) operates a transparent risk based approach to enforcement in which its principal aim is to gain cooperation and compliance of 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 the EC Grading rules in order to obtain an advantage over other commercial competitors or customers.
2. 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.
3. Further information on the Marketing Standards is available on www.rpa.gov.uk
Media only contact: Ciaran Baker, RPA Press Office , 0118 968 7680, ciaran.baker@rpa.gsi.gov.uk
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