Ananova:

A consumer magazine is calling for a review of the legal loophole it claims allows companies get away with food containing foreign objects.

Which? says firms can escape prosecution even if a 'dead rodent' turns up in a product - if they can prove they have not breached the Food Safety Act.

It says local authorities often don't take producers to court, if they can prove all steps were taken to avoid it the item getting in their products.

Which? says: "A manufacturer that can satisfy environmental health officers or a court that it took 'all reasonable steps' to ensure food safety won't fall foul of the Food Safety Act even if a dead rodent turns up in the product."

Which? reports one 1988 case where a woman found a mouse's head in a Topic bar and complained to Westminster City Council.

It prosecuted the maker, Mars, and the mouse was traced back to a Turkish nut processing plant. The magistrate ruled the Turkish company maintained strict hygiene controls - so it could not be held responsible.

The magazine said: "We think the public could be better protected if the 'reasonable steps' defence didn't automatically let companies off the hook - but could be used in mitigation."

The magazine calls for the Food Standards Agency to review the rules but an FSA spokesman said it had no plans to do so.

A statement read: "This defence recognises the fact that it is not possible for manufacturers to guard against every eventuality."

It added: "At the same time, it does not override the fundamental obligation the Food Safety Act places on manufacturers to provide safe food. It is also without prejudice to any civil action that may be taken."

Story filed: 00:44 Thursday 7th February 2002

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