Newsletter No. 13   April 2013

FSA drops prosecution of Selfridges for raw milk sales

The prosecution brought against Selfridges by the Food Standards Agency for the sale of raw drinking milk from a vending machine has been dropped. The FSA offered to drop it if Selfridges gave an undertaking that, pending the outcome of the FSA’s review, raw cows' drinking milk would no longer be placed on sale in its premises and Selfridges agreed. The FSA’s prosecution against farmer Steve Hook, however, remains ongoing.
 
Hook and Son have provided updates on the proceedings in their regular newsletter. A full account of the March hearing was provided in the 2 April newsletter where it was reported that a similar offer to drop the prosecution had been made to Steve Hook but since it had only been made late on the previous day a request for more time to consider it was granted. The following week, the 9 April newsletter reported the offer was still under consideration, but pointed out that this was the undertaking that had already been provided when Hook and Son agreed to remove the vending machine from Selfridges in early 2012. This raises the question why did the FSA bring the prosecution when it appears the undertaking it now seeks was provided before the decision to prosecute was taken?
 
The case returns to Westminster Magistrates Court on 24 April, the day before The Moo Man, the film which celebrates Steve Hook’s work, premieres at the Sundance London Film and Music Festival.

FAGE v Chobani - 'Greek yoghurt' must be made in Greece

In FAGE UK Limited v Chobani UK Limited the High Court was faced with the question whether the phrase ‘Greek yoghurt’ carried sufficient reputation and goodwill as a distinctive yoghurt made in Greece to warrant protection.
 
FAGE, who may be more familiar as the ‘Total’ brand of yoghurt, was helped by the fact that all yoghurt sold in the UK during the last 25 years labelled ‘Greek yoghurt’ has been strained yoghurt made in Greece. Chobani, on the other hand, launched their ‘Greek yoghurt’ towards the end of 2012.
 
In the end FAGE won. ‘Greek yoghurt’ means creamy yoghurt made in Greece and FAGE secured a permanent injunction preventing Chobani from marketing its yoghurt in the UK as ‘Greek yoghurt’. The full judgement is worth a read for those interested in the history of Greek yoghurt. It also illustrates very well how hard it is to win a passing-off action.

 
ASA rules against wheatgrass health benefit claims

The Advertising Standards Authority has ruled that health claims for wheatgrass juice made by Big Juice Ltd on its website must not appear again, although the claims remained as this newsletter was published on 18 April 2013.
 
A ‘health’ claim is any statement about a relationship between food and health. Food producers who claim health benefits for their products need to take note. The EU has published a list of permitted health claims for food and, since 14 December 2012, only health claims that are on the list are permitted. More on this can be found on the Artisan Food Law blog.
 
Big Juice claimed a number of health benefits could be gained from drinking wheatgrass juice. The fact that Big Juice failed to respond to the ASA’s enquiries cannot have helped but since none of the claims appear in the EU register of permitted claims it presumably realised it had no case to offer. The matter is now with the Code of Advertising Practice’s Compliance Team.
 
While gaining approval for a health claim is something large industrial food processors can take in their stride, the cost of the process alone is enough to dissuade most small food producers. It can also take years to complete and the overwhelming majority to date have been rejected.

CAP reform – how MEPs voted

Last month we reported on progress made, or rather the lack of progress, in greening the Common Agricultural Policy. The outcome was a disappointment for many reformers. VoteWatch Europe published details of how MEPs voted which CAP Reform.eu reproduced on their website. In short, the centre-right won the day with net contributor country MEPs being outvoted.
 
The trilogue negotiations between the European Parliament, the Commission and the Council have now started and over 30 meetings are now scheduled up to the end of June.

Food law and village halls – consultation closes 21 May

A brief reminder that consultation on the Food Standards Agency’s draft guidance to help local authorities and community groups running events in village halls and similar settings closes on 21 May 2013.
 
The draft guidance can be found here and concerns the requirement to register as a ‘food business operator’ and compliance with food hygiene legislation. If registration is not required, the obligation to supply food that is safe still applies, but compliance with food hygiene legislation does not.
 

Meanwhile …

Law and policy
Lawsuit filed against the EU for the authorisation of GM soybeans. The plaintiffs claim EFSA did not carry out legally required risk assessments
 
Responsible 100 considers the post-horsemeat burger Tesco apology and concludes it was just another big business going through the motions.
 
Lindt loses Easter bunny battle - gold foil wrapped bunnies are now set to breed like rabbits?!
 
Illegal food: step away from the cheese, ma'am. US bans Mimolette cheese - it would seem it's a mite problematic! There is now 700 Kg of cheese quarantined.
 
The transfer of responsibility for labelling, standards and composition of food from the FSA to Defra was flawed.
 
Slow Food quickens the pace: A gastronomer who is not an environmentalist is just stupid. Whereas an environmentalist who is not a gastronomer is sad.
 
From farm to fork – the journey continues. The Meat Course at Trealy Farm, a personal reflection on day two and the weekend.
 
Spend less money and eat better, healthier meals. How? Say goodbye to supermarkets!
 
ASA rejects complaints that FSA advert unfairly depicted lamb as high-risk food. The advert depicted lamb cutlets in a urinal.
 
Billionaire successfully sues for $380,000 in Bordeaux wine scam - full article for Times subscribers only.
 
Artisan foods
Meet the producers of the famous Yorkshire Forced Rhubarb, there are be few crops quite so magical. “It's certainly a very calming environment” says Janet Oldroyd, 4th generation producer.
 
Stilton cheese is under threat as young people are 'afraid to eat the mould'. Young people under 30 are eating 23% less than two years ago.
 
You have to hand it to The Two Magpies Bakery, going from the Artisan School of Food to launching a new bakery in so short a time is an amazing achievement!
 
Another food myth expertly debunked by Joanna Blythman: Why you SHOULD go to work on an egg!
 
No blossom but crowds flock to Damson Day - jam, chutney, pickles, cheese and gin!
 
The horsemeat scandal provides an opportunity for Irish artisan food firms - 88% expect a rise in earnings this year and 70% would welcome more regulations on traceability and provenance.
 
Extremadura’s black pigs of Spain make prize hams. Tim Hayward joins a traditional slaughter and faces the reality of a delicacy.
 
Umami: why the fifth taste is so important.
 
Belgian chocolate seeks EU protected name status. The demand in new markets is fuelling inferior copies.
 
Rathfinny Estate in Alfriston is to plant a further 20 hectares with 85,000 vines – that’s 1m bottles a year!
 
Britain could become a top wine growing region.
 
New website for English Wine Producers launched. There are 400 vineyards in England and Wales.
 
Farming
Cumbrian farmer brings the reality of farming Herdwick sheep in the Lake District to thousands on Twitter.
 
Let’s not bet the farm: "We shouldn't let farmers go to the wall just because the weather changes" says Colin Tudge of the Campaign for Real Farming.
 
Hill Farming in a Spring Disaster - make sure you only buy British meat!
 
FAO: Small-scale producers, local production/consumption and traditional crops have a major role reducing hunger.
 
In 2012 there were 2,448 smallholdings (down 271 on 2011) in England. Defra's 62nd Annual Report on Smallholdings.
 
Goat meat is the new kid on the block. Demand for goat dairy produce increases and the trend for eating kid is on the rise. Is Billie the Kid the next advance on British rose veal?
 
Why more schools are opening farms - increasing numbers of schools are starting their own farms. One hundred to date and another 100+ planned. The Government, however, plans to drop land studies from school ratings which is bad for the future of farming education.
 
Sustainable fish
Whitby’s Quayside chip shop has become the first in the Yorkshire region to receive the stamp of approval from the Marine Stewardship and become one of 12 in the UK recognised for sustainable fish sourcing.
 
Your cod and chips could be a load of pollock(s)! It’s a great fish but is anyone really that surprised when there’s money to be made?
 
Catchbox - a new, ethical way to buy fish – from the fisherman!
 
GM and pesticides
Neonicotinoid pesticides 'damage brains of bees'. Meanwhile, MPs on the Commons Environmental Audit Committee call for a moratorium on the use of sprays containing neonicotinoids and the chief scientific adviser to Defra advises on neonicotinoids that the "balance of quality research points clearly to unacceptable harm". Yet Defra still refuses to act.
 
Greenpeace report: the current chemical-intensive agriculture model threatens honeybees and wild pollinators.
 
Welsh plan for more green spaces, gardens and allotments to boost the bee population.
 
Bayer tells farmers to ‘Bee Careful’ to help honey bees. A bit rich you may think coming from one of the biggest killers of bees in the world.
 
Food waste
Keep Britain tidy name the most littered brands across England: Coke was first, followed by Cadbury, Walkers, McDonald’s and Mars.