South Lanarkshire Council v GSR Distributions Ltd

Food Safety – Food of animal origin – Application of EU Regulation. Sheriff Court: In an application for orders to condemn and destroy food seized on the premises of a food storage and distribution business for a failure to comply with food safety requirements, in which the pursuer asserted that the defender was not allowed to operate a meat cutting plant within the premises without the Food Standards Agency's prior approval in terms of Regulation (EC) 853/2004, and the defender argued that it was exempt from the application of the Regulation, the court, granting the orders as craved, held that because the defender did not operate a 'retail establishment' it was not eligible to claim the exemption afforded by art 1.5(b) of the Regulation, and it had failed to establish the other qualifying criteria in the exemption provision.

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