The Artisan Food Law Newsletter

Newsletter No. 14 May 2013

Prosecution of small raw milk dairy farmer finally abandoned

Not long into 2013 the Food Standards Agency (FSA) announced that it was to prosecute Steve Hook, the pioneering Dairy Farmer of the Year 2012 finalist, of Hook and Son and Selfridges for selling raw milk using a vending machine and regular updates have been provided here since. The prosecution against Selfridges was dropped in early April. 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. The prosecution against Steve Hook, however, remained ongoing.

Finally, on 8 May, it was reported that the FSA had dropped proceedings against Steve Hook who had, it seems, given the same undertaking, one he had provided almost a year before the decision to prosecute.

In England regulations provide that a farmer can sell raw milk “at or from the farm premises … to the final consumer for consumption other than at those farm premises”. Selling raw milk in contravention of the regulations is an offence.

The FSA have long accepted that the sale of raw milk at a farmers’ market is a sale “from the farm” and where raw milk is commonly purchased. The FSA have also stated that sales from a vending machine at a farmers’ market is also permitted, but not in Selfridges it seems.

The question why the FSA brought proceedings in the first place should be answered. There was no risk to public health and the undertaking it sought from Steve Hook had been given long before it took the decision to prosecute. The full story is here.

Stichelton Dairy in bid to bring back raw milk Stilton

You have until tomorrow, 29 May, to show your support for the return of traditional raw milk Stilton cheese. ‘Stilton’ is an EU protected food name and Defra is currently considering an application to amend the product specification pursuant to Regulation (EU) 1151/2012 on quality schemes for agricultural products and foodstuffs.

The amendment would mean that Stilton cheeses could once again be made using pasteurised or unpasteurised full cream cow’s milk. Presently, only the former is permitted under the product specification. Stichelton cheese is regarded by many to be the most authentic and traditional Stilton cheese but it cannot bear the name because it is made with unpasteurised or raw milk.

It is arguably an accident of history that raw milk was not included in the original product specification. When the original application for Protected Designation of Origin (PDO) status was made in 1994 only pasteurised milk was in use. Colston Bassett dairy was the last factory based dairy to produce Stilton cheese from raw milk but changed over to pasteurised milk in 1989. If raw milk had still been in use in 1994 its use would have continued and provision would have been made in the product specification in the manner now sought. The case in support of the amendment is overwhelming and a favourable outcome would delight cheese lovers far and wide.

If you want to support the amendment, all you need do is send an e-mail to protectedfoodnames@defra.gsi.gov.uk stating that you support the Stichelton Dairy application to amend the product specification for Stilton cheese and in doing so you will help return a great cheese to its true roots. You must act quickly since you have only until 29 May to do so.

Storm in an olive oil dipping bowl

The recent European Commission proposals to regulate the consumption of olive oil in restaurants looked set to become the latest in maintaining a tradition in the style of the bendy banana law and curvy cucumbers, amongst others.

The proposal set out in a Commission Implementing Regulation would have meant that from 1 January 2014 olive oil provided in hotels, restaurants, pubs and bars must be packed in containers which cannot be resealed once opened, or reused once finished.

It was universally greeted as ‘pretty silly’ and in numerous other media reports in terms which use much stronger language in the same vein. Opinion was agreed that it would be small independent artisan producers who lose out the most in a move clearly driven by big commercial producers.

In a rare outbreak of common sense, however, Agriculture Commissioner Dacian Cioloş took the highly unusual step of announcing that he was shelving the measure. The public outcry, particularly among northern EU countries was clearly too much to bear, and other ways are to be examined as a means of addressing the problem of “cheap olive oil in fancy bottles”. Watch this space.

Busy month for the Advertising Standards Authority with food ads

The Advertising Standards Authority (ASA) dealt with four food related complaints this month, two of which demonstrate the strict approach it is taking to nutrition and health claims.

HaLove's claims for its organic milk were based, it said, on generally known differences between organic and non-organic dairy farming. The ASA, however, was having none of it and upheld a total of 10 complaints that the claims were variously misleading or unsubstantiated. Common sense and widely held beliefs are not enough.

The claim that Yakult’s unique bacteria reach the gut alive was substantiated. Yakult having produced no fewer than seven scientific studies on the point. The ASA went on, however, to rule that a general health claim for Yakult cannot be made in the absence of a specific EU authorised health claim. The TV ad which did so must not appear again.

The Nature Delivered graze.com snack box ad fared better. A complaint that the ad on the website exaggerated the quantity of snacks in the box was dismissed. Finally, the Agriculture and Horticulture Development Board advert for Red Tractor meat with the headline: "Give a fork about your pork" was not, said the ASA, offensive. Now why would anyone think it was?

In summary, when it comes to making claims about a food product, they must be substantiated by clear evidence in support, and if they are health claims they must be on the EU’s approved list.

Meanwhile …

Law and policy
Children’s foods often higher in fat and sugar. Processed food industry trying to get kids hooked early on?

Slow Food and the UN FAO join forces. Great news for food biodiversity and small farmers all around the world.

How important is where a product is made? Do EU protected food names benefit producer, consumer or both?

Coke tries to fend off obesity criticism. A response which has all the hallmarks of Big Tobacco 40 years ago.

Supermarkets cash in on unfounded fears about food and health. 'Clean labels' appear to be the emerging new strategy of the processed food industry.

Could massive pig, fish and dairy units harm the environment? The Independent editorial sums it all up nicely. Stop eating too much of the wrong food for the health of ourselves and our environment.

Artisan foods
English asparagus is in great demand!

Herdwick sheep are a breed apart. EU PDO protected name status granted for Lakeland sheep which must be born, reared, finished and slaughtered in Cumbria.

Meet the producer - the secrets of Mrs Kirkham's Lancashire cheese. Well, perhaps not quite all of them!

Elvers are back on the menu following the biggest harvest in 30 years.

It was a long time in coming, but Stornoway black pudding now officially has EU PGI protected food name status.

Walthamstow yellow cress: the culinary comeback of an old Eastender.

Meet the mushroom man who demystifies the art of cultivating mycelium.

Stilton’s vein of hope in cheese name battle (subscription required). A 12 week public consultation on extending the 'Stilton' brand is underway with a bid for public support.

Orkney Beremeal Bannocks. Beremeal is a traditional Slow Food Ark of Taste product - the 90 day barley!

Wine and drink
Welcome to Tregothnan, England's only tea estate. A 100 acre tea plantation in Cornwall.

English wine brings home gold from the International Wine Challenge 2013. Congratulations Nyetimber, Gusbourne, Furleigh and Denbies!

Warmer temperature could make England the new Champagne as area under production increases rapidly. How about Scottish chardonnay in 2080?

Wine will become 'unaffordable' luxury. Rising duty on wine and a ban on discounts could reverse a social trend.

Prošek v Prosecco? Croatia’s traditional sweet dessert wine must change its name on accession to the EU on 1 July. Would you have been confused?

Farming
New kid on the block. Turn "an absurdly wasteful farming practice into a sustainable one" says James Whetlor of Cabrito Goat Meat.

Sustainable fish
Mackerel makes a surprise return to the 'fish to eat' list. MCS upgrade to 'yellow' and fine for an occasional choice.

EU fisheries reform falls short of outright discards ban. Progress but won't start until 2015 and little sense of urgency.

GM and pesticides
GM food is being forced on the population by Monsanto and defended by research institutions they fund.

Consumers should have right to know if they're eating GM food. Surely the ability to choose what you put inside yourself is a fundamental right?

European Food Safety Authority issues guidance for companies applying to make commercial releases of genetically modified animals. When was this debated?

Artisan Food Law aims to support artisan and small scale food producers by providing easy access to important law and practical help in solving problems.