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An investigation into unapproved meat processing at Roy O'Driscoll Macdonna’s Kebab resulted in a significant seizure of approximately 10.8 tonnes of meat and meat products in the Erewash District, between Nottingham and Derby. Following police intervention due to access concerns, it was discovered that the establishment operated without proper approvals and failed to comply with hygiene regulations. Upon legal proceedings, three individuals pleaded guilty to multiple offences, resulting in a total penalty of £6,250, highlighting the consequences of food safety violations.
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Roy O’Driscoll Macdonna’s Kebab (R v Fazal Karim, Ikram Ul-Haq & Muhammed Tariq)
Erewash B.C. • District LA between Nottingham and Derby • No dedicated food safety emergency budget (sampling budget £2000) • ‘Unforeseen’ work impacts on the day job / inspections
Information received • Routine inspection of a pub – Information • Rear door open - four men preparing meat • Investigation into activities commenced • Access was always going to be a problem
Police involvement • Special Branch request premises information • EHO’s not to enter without Police • Visits conducted but no activity • Police notify EBC they had ‘raided’ premises • No issues highlighted • Business treated as legitimate
Contact with FBO • FBO’s provided with approval application • Completed / signed Registration form • Agreed to: • Cease production / sale • Provide traceability for all raw meat • Submit approval application • Subsequent visit conducted BUT, now only one FBO • RAN served and products detained on site
Estimated 4000 kg at premises Retail receipts provided for 200 kg
Preliminary Investigation • Relevant LA’s contacted, visits conducted • Suppliers deny involvement • Retail premises - no traceability • Access / contact issues • Advice sought - FSA food fraud team • Eventually FBO 2 contacted - FBO 3 taken over • Arrangements for possible seizure
Preliminary Investigation • FBO 3 meeting arranged - cancelled very ill • Advised of warrant process / entry by force • Access gained same day as FBO 3 much better! • Claimed: • Only manager • FBO 1 and 2 still FBO – contacted – Not them • Ok then must be FBO 4…
Seizure • Unapproved establishment • No application for approval received or completed • No health / ID marks • No traceability • NO FBO! Seize all suspect products • 650 bags Minced fat/sinew (12kg to 15kg bags) • 172 x Donner Kebabs • 920 kg Mixed Assorted meats (unmarked bags)
Regulation 27, not produced, processed & distributed in compliance with ‘Hygiene Regulations’ - Regulation (EC) No 853/2004 Article 4.
Seizure and disposal • Held securely at local cold store • JP granted condemnation order • Meat removed for destruction • Transportation, storage and disposal costs £2635 • EBC Sampling budget = £2000/year • Fighting fund application
Fundingand support FSA provided: • FSA Investigator support - meeting, emails, phone calls and documents Fighting Fund Grant obtained for: • All Seizure costs • Back filling for investigator time • Urdu Interpreter for interviews under caution and document translation • Specialist Counsel; EC 853/2004 experience
Interviews under caution Evidence to interview 4 people under caution • All claimed they were not the FBO One claimed; • Only produced 15 or 30 kebabs as samples • Fat / sinew free retail Halal supermarkets • Never supplied any Kebabs Another admitted; • Producing doners in 200, 400, 600 quantity and selling in Nottingham and Derby All said they didn’t know they had to get approval
Why prosecute? • Evidence of previous involvement • Knew the system, element of fraud • Criminal element; FBO 3 - Previous criminal convictions • Couldn’t attend court as tagged and under curfew! • Was the meat fit for human consumption? • Kebabs allegedly had very high fat / sinew contents 60 - 80%? • Gel binder used to stabilise • Gel binder supplied to only one other premises • FSA approved plant confirmed to be obtaining fat / sinew from retail Halal supermarket
Prosecution • 19 November 2012 three pleaded guilty to offences under Regulation (EC) No 853/2004 (Article 4 (2), 4 (3) and Article 5) at Derby Magistrates Court. • They admitted: • Operating establishment without approval / conditional approval • Placing on the market POAO handled in an establishment subject to approval which did not have applied an identification mark • Total penalty £6250 (£4,500.00 fine and £1750.00 costs)
Coming to a place near you? • Evidence they had done this before • All equipment removed quickly • Profitable ‘win, win’ scenario