Appeals against conviction for offences of: (i) selling food for human consumption that failed to comply with food safety requirements; and (ii) of storing food at a temperature below that which was legally required. As to (i), there was no substance in the appellants' claim that the judge should have dismissed the case as an abuse of process on the ground that they were unable to test the food sample for themselves and accordingly, that appeal failed. As to (ii), there was no direct evidence that the temperature of the food sample taken by environmental health officers was capable of causing a risk to the public and accordingly, that appeal succeeded.

CA (Crim Div) (Mantell LJ, Rougier J, Judge Francis Allen)

14/03/2000