Croydon Council have prosecuted the food retailer Iceland Foods Ltd for failing to recall a ready-to-eat meal that contained partially raw chicken (photos below).
(Update – Sentencing hearing details available here).
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Food Safety Officers from Croydon Council became aware of the case in May 2010, after receiving a complaint from a customer. The customer alleged that he bought a Chicken Tikka ready meal from the Iceland store in Norbury and when he heated it up, as detailed in the instructions on the packaging, he found that the chicken was raw. The packaging stated that the chicken was fully pre-cooked.
The chicken was sent off to the Public Analyst for testing. The Public Analyst confirmed that the chicken was indeed not fully cooked but partly raw. After a long investigation it turned out that Iceland had recalled the product on 25th March 2010 due to “unacceptable quality concerns”. However the customer purchased the ready meal on the 12th April 2010, 47 days after the recall.
Iceland did not accept that the chicken was raw even though the Public Analyst report confirms this. Iceland had received a number of complaints about this product but they relied on the advice of the manufacturers, Loxton Foods Ltd, who said that the chicken was cooked.
Haringey council had also received a similar complaint about the same batch code of the ready meal. They assisted Croydon Council with evidence to bring about the prosecution.
Croydon Council prosecuted Iceland Foods Ltd. Iceland pleaded guilty to the offence of failing to adequately withdraw Chicken Tikka Balti with Best Before date of 13.08.2011 from the market place. This is an offence under Regulation 4 of the General Food Regulations 2004. Iceland agreed to pay the council’s court costs of £3200.
However, Croydon Magistrates Court felt that the maximum fine of £5000 was not sufficient for the offence and the fact that raw chicken was involved. The Magistrates Court refered the sentencing to the Crown Court. Croydon Council are currently awaiting the Crown Court sentencing hearing date.
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