*Asba Meats.ย
A JUDGE has directed that the operator of a Halal meat plant in Shannon attend court in order โto protect the integrity of the meat industry hereโ.
At Ennis District Court, Judge Alec Gabbett made his formal direction after the Agri-Food Regulator secured its first conviction for a breach of the unfair trading practices (UTP) Regulations.
In the case, Judge Gabbett convicted Halal meat plant operator, Asba Meats Ltd, Beechpark Logistics Centre, Smithstown Industrial Estate, Shannon when the judge ruled against the meat processor following the non-payment for cattle delivered to the slaughter plant by a west of Ireland farmer.
No one appeared from or on behalf of Asba Meats for the case and Judge Gabbett said, โIt is a concern for someone not turning up to court to face a summons as serious as this with the food regulations and hygiene regulations that are in placeโ.
Judge Gabbett said that he would issue a letter directing that Asba Meats attend the next court date for finalisation of the case following the conviction.
Judge Gabbett said that if there is an appearance on behalf of Asba Meats Ltd on the next court date on December 13th, “it might lessen the fine and the court might be more benevolent concerning the costs issueโ.
Judge Gabbett said the reality is that if the owner of Asba Meats firm โis not here to litigate the fine, it will remain at โฌ5,000 and the costs are โฌ8,000 – that is โฌ13,000โ.
The court heard that, in August 2023, the farmer in question made a complaint to the Agri-Food Regulator claiming that Asba Meats was in breach of the Unfair Trading Practices (UTP) regulations as a result of the non-payment for animals which were delivered to the processor in October 2022.
Under the 2021 UTP Regulations, failure to pay within a 60-day period constitutes a breach of the UTPs.
Representing the Regulator, solicitor, Jonathan Moore of Fieldfisher Ireland LLP stated that the case before the court was as a result of the regulatorโs investigation of the complaint and he confirmed that, whilst a portion of the payment had been paid during the course of the proceedings, a portion due to the farmer was still outstanding.
Judge Gabbett convicted the company on a single charge concerning the non-payment but placed a stay on the conviction until December 13th to allow someone from Asba Meats attend on that date
Speaking after the court case, CEO of the Agri-Food Regulator, Niamh Lenehan, said that the court outcome โis a significant milestone for the Agri-Food Regulatorโ.
Ms Lenehan said, โSecuring a conviction in this case sends an important message to both suppliers and buyers in our agri-food supply chain – actively engage regarding your rights and obligationsโ.
Ms Lenehan said that the successful conviction served as a reminder to primary producers and small agri-food businesses in particular that the Agri-Food Regulator was here to help them in their dealings with larger buyers, adding that anyone who feels they are experiencing or have been subjected to an Unfair Trading Practice should contact the Regulator immediately.
Ms Lenehan continued, โThis is the first conviction in Ireland as a result of an Unfair Trading Practice. I hope it will encourage other producers to come forward if they are concerned that they are not being treated in accordance with the UTP Regulationsโ.
Ms Lenehan also called on any other farmers who were facing payment-related issues with their buyers such as in this case to come forward and make themselves known to the Regulator.