A corner shop selling mouldy food up to six days beyond its 'Use By' date has been ordered to pay £5,740 after admitting the offences in court.
The perishable produce was on the shelves at Today's News, at 2 Rushcliffe Road, Grantham.
Shop manager Mahalingam Ragavan appeared before Boston magistrates on charges relating to the Food Safety and Hygiene Regulations 2013.
In court on Monday (September 26th), he was alleged to have offered a Rustlers Quarter Pounder for sale six days after its Use By date; an Original Patty Co Authentic Jamaican Patty, five days beyond the Use By date; and a Peter's Chicken and Bacon Slice four days after the Use By date.
Ragavan admitted all charges.
Retailers can legally sell produce that has passed its Best Before date but cannot sell food that has passed its Use By date because this is related to safety rather than quality.
A visit to the premises was made by health inspectors from South Kesteven District Council following receipt of a complaint from a member of the public on 22nd July 2022.
During the hearing, magistrates were shown photos of some of the food on sale in the store during safety inspections last year - including images where mould can clearly be seen growing.
Sally Burke, prosecuting on behalf of SKDC, explained the responsibilities of food business operators and how date code checks and temperature control checks fall within this.
The defendant appeared to have a good understanding of his food safety responsibilities; this is the second time he has been prosecuted for similar offences, the last time in 2018 when he was fined £480 with £1,544 costs and a surcharge of £120 after pleading guilty.
In mitigation, the court was told that Ragavan had run the business for 25 years with two members of staff, and that it was part of their role to check date codes. In court he produced a copy of a warning letter he had sent to the member of staff he felt should have checked the date codes of the foods in question. Ragavan also told the court he has since put his staff through food hygiene training and produced their certificates to the court.
Cllr Rhea Rayside, Cabinet Member for People and Communities, said: "This is a positive result for our hard-working Environmental Health team and I would like to thank them for their diligence in achieving this successful prosecution. It is important we take action to keep residents safe.
"While a majority of businesses across the district are responsible traders, I hope this sends a strong message to all that safety is a priority, and we will take court action where necessary.
"This penalty could have been avoided with simple checks and stock rotation. Environmental Health officers provide plenty of advice and help to food businesses on a regular basis and are also happy to explain best practice to business that request it."
The bench reduced a £2,400 fine to £1,600 due to the guilty plea. A surcharge of £360 was imposed, and full prosecution costs of £3,780 giving the total of £5,740.
Notes :
The charges were as follows:
On the 22nd July 2022 at Grantham you placed for sale food namely a Peter's Chicken and Bacon Slice which was unsafe in that its "use by" date had expired contrary to Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011 and Regulation 19 of the Food Safety and Hygiene (England) Regulations 2013 (18th July date)
On the 22nd July 2022 at Grantham you placed for sale food namely food namely a Rustlers Quarter Pounder which was unsafe in that its "use by" date had expired contrary to Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011 and Regulation 19 of the Food Safety and Hygiene (England) Regulations 2013. (16th July date)
On the 22nd July 2022 at Grantham you placed for sale food namely an Original Patty Co Authentic Jamaican Patty which was unsafe in that its "use by" date had expired contrary to Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011 and Regulation 19 of the Food Safety and Hygiene (England) Regulations 2013 (17th July date)