Shop Bought Food Sold as Homemade Led to Prosecution
The Greene King pub chain has been successfully prosecuted by Warwickshire County Council’s Trading Standards Service for describing as ‘home-made’, food that had actually been shop bought and which it was selling in some of its Warwickshire pubs.
Trading Standards Officers paid routine visits to four Greene King establishments in Stratford upon Avon, Coleshill and Leamington Spa.
There they found ‘Tesco Healthy Living’ creamy coleslaw described as ‘homemade’ coleslaw, and already fully baked farmhouse loafs described as ‘home baked’ bread.
In addition, eggs described as ‘free-range’ were actually from caged hens and cheese described as mature cheddar was actually mild coloured cheese.
On 19th June 2008 Greene King pleaded guilty to four offences taken under section 15 of the Food Safety Act 1990 and at the sentencing hearing at Rugby Magistrates Court on Tuesday 23rd September, were fined £8000 and ordered to pay costs of a further £6,115.50
The Magistrates found that Greene King had acted with ‘gross carelessness’ but that there was no intention to deliberately mislead the public and no motive of financial gain.
Mark Ryder, Head of Warwickshire Trading Standards Service said;
“When consumers buy ‘home-made’ or ‘free-range’, for which they are sometimes asked to pay a premium price, they should have confidence that these descriptions are accurate.
We will work with businesses to help ensure they are accurately describing their food, but those who continually fail to take their responsibilities seriously are warned they could face prosecution.”
Warwickshire Trading Standards Officers made follow-up visits to four premises, which had previously been advised, over problems with the description of food.
The problems found at each premises constituted a separate offence for which Greene King was fined £2,000 for each.
The Copper Pot, Warwick St. Leamington Spa. On 29th August 2007 Trading Standards Officers found the premise mis-describing Tesco Healthy Living creamy coleslaw as homemade coleslaw, mild coloured cheddar cheese as mature cheddar cheese and eggs from caged hens as free range.
The Dirty Duck, Waterside, Stratford Upon Avon. On 29th August 2007 Trading Standards Officers found the premise mis-describing farmhouse brown loaf (fully baked when bought in) as homebaked bread and Cornish Country Fresh Farmhouse Ice cream as Cornish Clotted Cream Ice Cream.
The Garrick Inn, High St., Stratford upon Avon. On 3rd September 2007 Trading Standards Officers found the premise mis-describing farmhouse brown loaf (fully baked when bought in) as homebaked bread.
The Coleshill Hotel, High St. Coleshill. On 3rd September 2007 Trading Standards Officers found the premise mis-describing farmhouse brown loaf (fully baked when bought in) as homebaked bread.
In mitigation, Mark Watson Counsel for the defence said that the company did take these matters seriously and had entered guilty pleas at the earliest opportunity. This was not a case of the company making intentional efforts to mislead, he said, but rather of the ‘loose use of language’ coupled with carelessness. Further, he also said that there was also no evidence of a motive of financial gain.
Finally, he stated that some of the products had been outsourced from local shops when the premises had run out of supplies, but there was now a policy in place about the substitution of items which have run out, so the risk of further offences occurring was minimal.
Consumers who want to report businesses they suspect of mis-describing food should contact Consumer Direct on 08454 04 05 06
Businesses requiring help and advice with regard to any food matter (including food descriptions) can contact Warwickshire County Council’s Trading Standards Service’s Food team on 01926 414040.
Entities for this story
- www.warwickshire.gov.uk
- Mark Watson
- Mark Ryder
- Greene King
- Coleshill
- Warwick St. Leamington Spa
- Tesco
- Leamington Spa
- Warwickshire County Council’s Trading Standards Service
- Rugby Magistrates Court
- Counsel
- Governor
- head
- GBP
- 08454 04 05 06
- 01926 414040
- Coleshill Hotel
- Garrick Inn
- mis-describing food
- food descriptions
- food