Restaurant fined for failing to inform diner of nuts in food

22nd January 2010, 10:15am

A Derbyshire takeaway is one of the first in the country to be fined for failing to inform a customer about the presence of nuts in its food.

Derbyshire County Council's trading standards team successfully prosecuted Su Yung Chow, trading as the New China House Takeaway Restaurant, Derby Road, Chesterfield.

Chow yesterday pleaded guilty to two offences under the Food Safety Act 1990 and was fined almost £3,000.

Chesterfield Magistrates Court heard Chow supplied unsafe food by failing to declare the presence of peanuts in a Koon Do spare ribs meal to Matthew Baker, a customer with a nut allergy, even though he had asked when placing his order whether or not the meal contained nuts.

He also admitted selling the takeaway meal to Mr Baker – even though he'd asked not to be supplied with food containing peanuts.

The court heard Mr Baker had to be treated at Chesterfield Hospital for an allergic reaction after eating the food on January 14 last year.

Tests showed the food contained peanut protein. Chow was fined a total of £2,660, ordered to pay £1,000 in costs, a £15 victim surcharge and ordered to pay compensation of £200 to Mr Baker.

Derbyshire County Council's cabinet member for communities Councillor Carol Hart said: "We are one of the first councils in the UK to prosecute a takeaway for selling food containing peanuts to an allergy sufferer.

"It is vital that people who suffer from potentially fatal nut allergies can make informed choices about the food they eat and we will continue to protect consumers and ensure that businesses comply with the law.

"Restaurant owners that do not stick to the guidelines should take this court case as a warning that they will be prosecuted if they flout these laws."

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