Hotdogs 'gnawed by rodents' brought into court one year after being found in shop

Hotdogs that were found gnawed by rodents in a Teesside shop more than a year ago were brought into a courtroom for a food hygiene case.

The sausages were briefly at Teesside Magistrates’ Court on Tuesday 10 October as the company which stocked them at a Stockton shop faces a potential “quite large” fine.

Samy Ltd is awaiting sentence after it pleaded guilty to three food regulations offences as the operator of Budgens, on Premier Parade, in Fairfield.

The firm was accused of stocking two packets of “smoked hotdogs found in the rear food preparation kitchen that had been heavily gnawed and partially eaten by rodents” and not keeping a clean kitchen with the right pest control measures.

The package of nibbled foodstuffs was wrapped up in a bag and placed on a seat at the back of the courtroom. The inedible evidence is unlikely to need another day in court as the case already features numerous photographs.

Samy Ltd, of Corporation Road, central Middlesbrough, had admitted one offence of putting unsafe food on the market – a breach of 2004 food regulations – and two of failing to comply with food safety and hygiene regulations from 2013.

It was alleged the company failed to put adequate procedures in place to control pests, failed to protect against contamination, particularly pest control, and failed to keep the kitchen clean and maintained in good repair and condition. The charges brought by Stockton Council all date to 8 September 2022.

The charges stated: “Evidence was obtained of rodent activity within the kitchen where food was being prepared, handled and stored, namely rat droppings on the floor and behind equipment, rodent smear marks on the wall and rodent damaged stock and packaging.

“The structure in the food preparation area were not kept clean and in a good state of repair as there were rodent droppings on the floor of the premises.”

The sentencing hearing did not go ahead as magistrates did not have enough time to deal with it.

Prosecutor Joan Smith said: “There is a 90-page bundle from the prosecution, the majority of which is photographs. There are at least 20 pages of photographs.”

She told the bench: “There are a number of aspects you’ll have to engage your mind to, including the finances of the company and the level of harm and culpability. This is going to take at least two hours.”

Sarah Clover, defending, said: “It’s a serious matter. There are reputational issues involved, and this is a medium turnover company, so we’re already into a quite high bracket so far as penalty is concerned.

“The range of potential fine is actually quite high, from the lowest the court can consider to the highest. It’s going to be a delicate decision and there are lots of different factors to take into account.”

She added the prosecution and defence were “quite far apart” in how serious they argued the case was according to sentencing guidelines. “We’re not agreed on it,” she told the court.

Sonia Brogden, chairing the magistrates’ bench, decided to adjourn the case. She said: “With the best will in the world, it’s not going to get done.”

She told Mohan Samy, the managing director in court to represent the company: “Unfortunately the court has set this down for a much shorter period than it should have done, and for that I apologise on behalf of the court.

“We have to put this matter off so that we can deal with it properly and fairly and take as long as we need. So in the interests of justice, that’s what we’re going to do.”

The sentencing of the company will now take place on 12 December.

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