Newsletter No. 1   March 2012

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Welcome to the first issue of the Artisan Food Law Newsletter. We promised to keep you up to date with news and developments in the law of interest to artisan and small scale food producers and this is one way we aim to do so.

The right to choose raw milk is under review

The Food Standards Agency (FSA) is to consider reviewing the arrangements governing the sale of raw drinking milk and cream when it next meets on 20 March. The move follows the pioneering work of Sussex farmer Hook & Son reported in The Guardian on 15 December 2011. Hook & Son have made raw milk available by means of a vending machine located at Selfridges’ department store in London but owned and operated by Hook & Son, and online from their website using overnight courier delivery.

The last public consultation about controls over raw drinking milk was in 1997 when 99% of respondents said drinking raw milk should be a matter of consumer choice. Since then the number of registered raw milk producers has fallen from around 570 to around 100 in 2010. Between 1992 and 2002 illness linked to drinking raw milk represented less than 1% of reported outbreaks of foodborne illness. Since 2002 there have been no reported outbreaks associated with drinking raw milk.  The reduction in the number of producers may be a factor but no account has been taken of the increased popularity and availability of raw milk at farmers’ markets.

You can watch the FSA Board discuss raw milk live online next Tuesday, 20 March shortly after 2.00pm or download the podast later to listen at your leisure.

Artisan Food Law will be following this story with interest, more information here.

The Armagh Bramley is granted PGI status by the EU

Armagh Bramley apples have been granted Protected Geographical Indication (PGI) status under the EU scheme to protect the names of traditional foods. The apple becomes the 52nd in the UK to secure this recognition and the third in Northern Ireland in the last year alongside Lough Neagh eels and Comber early potatoes.

County Armagh orchards produce more than 40,000 tonnes of Bramley apples each year. They grow more slowly and have a sharper, cleaner and slightly tarter taste that their namesakes in England.  

Armagh Bramley apples originate from the first trees planted in 1884. A Bramley Apple Blossom Festival is now held every May in Armagh.

BBC Northern Ireland reported the news here.

The meaning of ‘use by’ date when food frozen clarified

Last year Torfaen County Borough Council brought a prosecution against Douglas Willis Limited under the Food Labelling Regulations 1996. Torfaen alleged that Willis had sold frozen pigs’ tongues after their ‘use by’ date but failed to secure a conviction in the Magistrates Court. Torfaen appealed to the High Court on a point of law and judgement was given last month. The Court held that the prosecution had to prove beyond reasonable doubt:

1. At the point the food was ready for delivery to the ultimate consumer or to a caterer, it was ‘highly perishable’ and so had to be labelled with a ‘use by’ date.
2. The defendant was at the time of the alleged offence selling the food.
3. At the time of the alleged offence, the ‘use by’ date had passed.

The Court went on to say that if food, when sold, is labelled with a ‘use by’ date, this is prima facie evidence it was required to be so labelled. This means the defendant has to show that the label had not been required in the first place to avoid conviction. Furthermore, food that has a ‘use by’ date correctly applied at the time but which is later frozen does not cease to have an effective ‘use by’ date. If it is sold after the ‘use by’ date, an offence would be committed, frozen or not.

The Magistrates Court had made a mistake and the case was remitted back for a rehearing before a different bench. Neither side has yet won, a conviction for Willis remains a possibility, but an important issue under the 1996 Regulations has been made much clearer.

Further details here.

Update on Artisan Food Law

You can see from this newsletter that progress has been made in developing Artisan Food Law. The design stage has recently been completed for the new website which is now under construction. It will still, however, be sometime before the site goes live sometime towards the end of 2012.