NICHOLAS GLOVER v. FRAMGORD LIMITED & NOLAN SEAFOODS (UK) LIMITED & D & G NOLAN LIMITED [2012] ScotSC 103 (06 November 2012)

NICHOLAS GLOVER v. FRAMGORD LIMITED & NOLAN SEAFOODS (UK) LIMITED & D & G NOLAN LIMITED [2012] ScotSC 103 (06 November 2012)

The food failed to comply with food safety requirements because it was not produced, processed, or distributed in accordance with hygiene regulations, lacked proper identification marks, and traceability was broken. Only SCAF was entitled to use identification mark UK AA 142 EC, and this entitlement ended by 1 November 2011. The food must be condemned and destroyed or disposed of to prevent human consumption under section 9(6) of the Food Safety Act 1990.

Citation
[2012] ScotSC 103
Parties
Applicant: Nicholas Glover; First Respondent: Framgord Limited; Second Respondent: Nolan Seafoods (UK) Limited; Third Respondent: D & G Nolan Limited
Jurisdiction
Scotland
Judgment Date
06 November 2012
Procedural Posture
Summary Application Under Food Safety Act 1990 Section 9(6) / Judgment After Proof
Outcome
Application granted. Food condemned.
Legal Topics
Food Safety Requirements, Traceability of Food Products, Use of Identification Marks, Regulatory Compliance, Condemnation and Disposal of Food
Food Law Administrative Law Public Health Law Food Safety Requirements Traceability of Food Products Use of Identification Marks Regulatory Compliance Condemnation and Disposal of Food

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Parties

Nicholas Glover

Applicant

Framgord Limited

First Respondent

Nolan Seafoods (UK) Limited

Second Respondent

D & G Nolan Limited

Third Respondent

Procedural Posture

Summary Application Under Food Safety Act 1990 Section 9(6) / Judgment After Proof

Legal Issues

  1. 1 Whether the detained food complied with food safety requirements under the Food Safety Act 1990 and relevant EC Regulations
  2. 2 Whether identification mark UK AA 142 EC was lawfully used after 1 November 2011
  3. 3 Whether traceability requirements were met for the seized food

Ratio Decidendi

The food failed to comply with food safety requirements because it was not produced, processed, or distributed in accordance with hygiene regulations, lacked proper identification marks, and traceability was broken. Only SCAF was entitled to use identification mark UK AA 142 EC, and this entitlement ended by 1 November 2011. The food must be condemned and destroyed or disposed of to prevent human consumption under section 9(6) of the Food Safety Act 1990.

Court Disposition

Application granted. Food condemned.

Orders

  • The food identified in the Detention of Food Notices and seizure log is condemned and ordered to be destroyed or disposed of to prevent use for human consumption under section 9(6) of the Food Safety Act 1990.
  • Question of expenses reserved for later hearing.