Telegraph : Cadbury prosecuted over salmonella scare

Cadbury prosecuted over salmonella scare

By David Derbyshire | Consumer Affairs Editor | April 24, 2007

Cadbury is to be prosecuted over last year’s salmonella outbreak which triggered the recall of one million chocolate bars, it has been announced.

The confectionary giant is accused of putting “unsafe” chocolate in the shops and failing to “immediately inform” the authorities after it discovered traces of the food poisoning bacterium at one its factories.

Today's announcement by Birmingham City Council follows a nine month investigation into Cadbury.

One month after the recall, the Health Protection Agency said Cadbury’s chocolate was the most likely cause of a salmonella outbreak that affected more than 30 people and which led to three people, including a baby and young child, being treated in hospital.

Cadbury Limited will also be prosecuted under a third charge of failing to “identify hazards” from chocolate bars contaminated with salmonella and of failing to identify “corrective actions”.

Each of the three offences carries an unlimited fine. The company will appear in court in June.

The long awaited announcement is a major blow to the Birmingham based confectionary company which, until last year, was one of Britain’s most trusted brands.

Today Cadbury said in a statement: “We have fully co-operated with the authorities throughout their inquiries and we will examine the charges that have been brought.

“As there is now legal action pending, it would be inappropriate for us to comment further.”

The Cadbury salmonella scare came to light in June when health officials began to investigate a puzzling rise in cases of the rare montevideo strain of salmonella.

Britain would expect to see a dozen cases of montevideo infection every four months. But in the four months leading up to June last year there were more than 50 cases - often affecting children.

The Health Protection Agency traced a sample of the montevideo bacteria it had been sent a few weeks earlier back to a Cadbury factory in Malbrook, Herefordshire.

When approached by health officials, the company said it had detected salmonella in its chocolate crumb - one of the ingredients used to make bars and Easter eggs - in January but that levels of the bacteria had been too low to be a health risk.

The source of the contamination was a pipe from a cleaning machine which had dripped water on to a conveyor belt, the company added. A test in February had confirmed that the bacteria was Salmonella Montevideo.

After the company revealed the contamination to authorities it withdrew more than a million bars.

Birmingham City Council’s investigation focused on activity at Cadbury’s headquarters, which is in the local authority’s patch. A second investigation by Herefordshire Council into possible environmental health breaches at the Marlbrook site is ongoing.

In December, Cadbury said the salmonella scare had cost it £30 million - £10 million more than initially expected.

The firm’s UK chocolate sales tumbled by 14 per cent in July, although it blamed part of the downturn on the summer heatwave.

The Food Standards Agency said yesterday: “We have worked closely with the local authority on the investigation and have provided resources and funding.

“An FSA Fighting Fund, set up to help local authorities investigate large incidents, awarded Birmingham £24,882 to help towards the costs.”

The Food Standards Agency also awarded Herefordshire Council £33,975 towards its investigation into Cadbury.

The first two alleged offences involve breaches of General Food Regulations 2004. The third offence is an alleged breach of Food Hygiene (England) Regulations 2006.

Ron Read, a food safety expert at the law firm Shoosmiths, said the company could be fined up to £30,000 if the prosecution takes place in the magistrates court, but that the fine in a crown court was unlimited.

“I would be amazed if this stays in the magistrates court - that’s not really Birmingham’s style,” he said.