*Asba Meats.
A JUDGE has directed that the operator of a Halal meat plant in Shannon attend court in order “to protect the integrity of the meat industry here”.
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, “It 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 place”.
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 issue”.
Judge Gabbett said the reality is that if the owner of Asba Meats firm “is not here to litigate the fine, it will remain at €5,000 and the costs are €8,000 – that is €13,000”.
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 regulator’s 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 “is a significant milestone for the Agri-Food Regulator”.
Ms Lenehan said, “Securing 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 obligations”.
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, “This 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 Regulations”.
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.
