*R (on the application of Association of Independent Meat Suppliers and another) v Food Standards Agency

Food and drugs – Food unfit for human consumption. The Supreme Court referred two questions to the Court of Justice of the European Union, in a dispute concerning the available means of challenging a decision that a slaughtered carcass was unfit for human consumption. The questions were: (i) whether Regulation (EC) 854/2004 and Regulation (EC) 882/2004 precluded a procedure whereby, pursuant to s 9 of the Food Safety Act 1990, a Justice of the Peace decided on the merits of the case and on the basis of the evidence of experts called by each side whether a carcass fails to comply with food safety requirements; and (ii) whether Regulation (EC) No 882/2004 mandated a right of appeal in relation to a decision of an official veterinarian, under art 5.2 of Regulation (EC) No 854/2004, that the meat of a carcass was unfit for human consumption and, if it did, what approach should be applied in reviewing the merits of the decision taken by the OV on an appeal.

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