SOUTH LANARKSHIRE COUNCIL AGAINST GSR DISTRIBUTIONS LTD [2015] ScotSC 37 (11 May 2015)

SOUTH LANARKSHIRE COUNCIL AGAINST GSR DISTRIBUTIONS LTD [2015] ScotSC 37 (11 May 2015)

The defender's principal activity was wholesale, not retail, and the retail element was immaterial in volume, value, and frequency. The defender failed to prove entitlement to the retail exemption under Article 1.5(b)(ii) of Regulation (EC) 853/2004. Operating a cutting plant without approval breached Article 4(2) of Regulation (EC) 853/2004. The detained food was not handled or processed in compliance with the Hygiene Regulations and must be condemned and destroyed under section 9 of the Food Safety Act 1990.

Parties
Pursuer: South Lanarkshire Council; Defender: GSR Distributions Ltd
Jurisdiction
Scotland
Judgment Date
11 May 2015
Procedural Posture
Summary Application Under the Food Safety Act 1990, Section 9 / Judgment After Proof
Outcome
Application granted. Food condemned and ordered to be destroyed or disposed of to prevent human consumption. Defender to pay expenses of destruction or disposal. Issue of judicial expenses reserved.
Legal Topics
Food Safety Requirements, Regulation of Food Businesses, Interpretation of EU Food Hygiene Regulations, Approval of Cutting Plants, Retail Exemption Under Regulation (ec) 853/2004
Food Law Public Health Law Administrative Law Food Safety Requirements Regulation of Food Businesses Interpretation of EU Food Hygiene Regulations Approval of Cutting Plants Retail Exemption Under Regulation (ec) 853/2004

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Parties

South Lanarkshire Council

Pursuer

GSR Distributions Ltd

Defender

Procedural Posture

Summary Application Under the Food Safety Act 1990, Section 9 / Judgment After Proof

Legal Issues

  1. 1 Whether the defender's operation of a cutting plant without approval breached food hygiene regulations
  2. 2 Whether the defender was entitled to claim the 'retail exemption' under Article 1.5(b)(ii) of Regulation (EC) 853/2004
  3. 3 Whether the seized food failed to comply with food safety requirements and should be condemned

Ratio Decidendi

The defender's principal activity was wholesale, not retail, and the retail element was immaterial in volume, value, and frequency. The defender failed to prove entitlement to the retail exemption under Article 1.5(b)(ii) of Regulation (EC) 853/2004. Operating a cutting plant without approval breached Article 4(2) of Regulation (EC) 853/2004. The detained food was not handled or processed in compliance with the Hygiene Regulations and must be condemned and destroyed under section 9 of the Food Safety Act 1990.

Court Disposition

Application granted. Food condemned and ordered to be destroyed or disposed of to prevent human consumption. Defender to pay expenses of destruction or disposal. Issue of judicial expenses reserved.

Orders

  • Finds and declares that the food seized fails to comply with food safety requirements.
  • Condemns the said food under section 9(6) of the Food Safety Act 1990.