RPA action results in 3k fine for owner of Halifax shop

An investigation by the Rural Payments Agency (RPA) has led a 3,100 fine for the owner of convenience store in the Calderdale area of Halifax for displaying and offering for sale fresh fruit and vegetables that did not meet European Community (EC) rules on quality and labelling.

Mr Mohammed Ilyas, proprietor of the business trading as A & A Foods, 2 Mayfield Grove, Halifax HX1 3XN pleaded guilty to a total of nine separate breaches of EC marketing standards for fresh horticultural produce on Friday 13th January at Halifax Magistrates’ Court.

The Crown Prosecution Service, acting for Defra and RPA, brought the prosecution against Mr Ilyas for displaying and offering for sale a total of nine regulated categories of products. They were: Spanish courgettes, loquats, strawberries, cucumbers and nectarines (quality defects) and Conference pears, Maroc Late oranges, Royal Gala apples, spring onions and apricots (on display with labelling defects).

Mr Ilyas was fined 400 each for the four quality offences and the five labelling breaches were awarded 300 per offence, making a total fine of 3,100. Full prosecution and investigation costs of 3,300 were also imposed, giving a total liability of 6,400 plus the victims’ surcharge of 15.

In passing sentence, the Chair of the Magistrates commented:

“This was a thoroughly justified and thoroughly conducted investigation brought about by the Rural Payments Agency.”

The case followed a series of risk-based enforcement visits and inspections, carried out by the Rural Payments Agency’s Horticultural Marketing Inspectorate (HMI), over a 12 month period between June 2010 and June 2011.

During this time, HMI Inspectors provided initial advice and guidance which was designed to support and inform the firm in an effort to gain compliance. This then led to more targeted enforcement visits involving the issue of increased instruction and direction.

Paul Caldwell, Operations Director at RPA said:

“Concerted efforts were made by the HMI to work closely with the firm’s proprietor and people with face-to-face meetings, verbal warnings and formal written notices, all aimed at achieving improved compliance from the company. As a last resort and in the interests of both the consumer and the fruit and vegetable industry, we had to prosecute.”

The HMI is responsible for the enforcement of the EC Marketing Standards for fresh fruit, vegetables, salad crops, nuts and cultivated mushroom, throughout England and Wales, wherever fresh produce is grown, imported, exported, bought or sold.

A & A Foods is a small independent retailer which serves as a local convenience store in a densely populated area of Calderdale, Halifax. The offences involved in this investigation relate to regulated produce listed within the Specific Marketing and General Marketing Standards, contrary to Reg. 4(1) of the Marketing of Fresh Horticultural Produce Regulations 2009 and the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009.

HMI operates a transparent risk-based approach to enforcement and has the principle aim of gaining cooperation and compliance from 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 Inspectorate 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 Community marketing rules in order to obtain an advantage over other commercial competitors. Further information about the work of HMI can be found on RPA’s website at rpa.defra.gov.uk

The Rural Payments Agency’s work helps the Department for Environment, Food and Rural Affairs to encourage a thriving farming and food sector and strong rural communities.

RPA makes Common Agricultural Policy support payments, traces livestock and carries out inspections. We manage more than 40 schemes, paying farmers and traders more than 2 billion each year. To administer such a wide range of schemes and meet EU requirements we manage information on more than two million land parcels.