The offending produce

The offending produce

A Leeds-based fresh produce retailer pleaded guilty to seven separate offences after displaying and offering for sale fresh fruit and vegetables that did not comply with the European Community standards for quality and labelling.

These standards ensure that traders operate from a level playing field, and that consumers are protected and can be confident the fresh produce they are buying is of a good standard.

Ian McDougall, owner of the retail market stall trading under the name Ryans, pleaded guilty to a total of seven breaches of European Community marketing standards for fresh horticultural produce on April 1 2011 at Leeds Magistrates’ Court.

All seven offences related to displaying and offering for sale fresh fruit and vegetables of sub-standard quality. Three of the offences also included failing to comply with the EC marketing standards for labelling.

As a result of these breaches, the retailer was fined £500 for the first quality and labelling offence. No separate penalty was imposed for the six other offences to which guilty pleas were entered. The prosecution was also awarded costs of £250 giving a total liability of £750.

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

Between April 2010 and September 2010, the retailer failed six successive inspections due to sub-standard quality and labelling. During this time, HMI Inspectors provided initial advice and guidance which was designed to support and inform the retailer.

This then led to more targeted enforcement visits involving the issue of increased instruction and direction. Concerted efforts were made by the HMI to work closely with the retailer during this time in an effort to achieve improved compliance.

Ryans is an independent market retailer based in the central Leeds city centre retail market.