The Association of Independent Meat Suppliers (AIMS) has made an ‘important step’ in securing a judicial review of the Food Standards Agency (FSA) refusal to allow food business operators to appeal official veterinarians’ (OV) decisions, with the case set to be heard in the Court of Appeal.
This decision follows the High Court’s dismissal of an application by AIMS last summer.
On 8th June the case was argued in the Royal Courts of Justice, where permission for an appeal was granted after it was found by Lady Justice Gloucester that there was a “real chance of an appeal being successful.”
It was determined that the case should be heard in the Court of Appeal, at a date yet to be confirmed.
Head of policy for AIMS, Norman Bagley, commented: "We're not there yet but this is an important step to ensure healthy carcases are not disposed of for no good reason and will mean a real gain for farmers."
The case first came about after a bull that had topped the market and had been found healthy at ante-mortem inspection, but at post-mortem inspection had been declared unfit for human consumption by an OV.
At the time the OV declared it was suffering from generalised pyaemia, a form of septicaemia in which pus forming bacteria are circulating in the blood stream.
At post-mortem inspection it is said that no signs of a generalised disease were found. The carcase was normal, there were just three abscesses in the viscera, which were disposed of by the meat inspectors without being shown to the OV.
The FSA refused to allow the OV’s decision to be appealed by the provision in the Food Safety Act and refused to allow a second opinion to be obtained. AIMS says this was despite the RCVS requiring all vets, including OVs, to facilitate a second opinion if requested to do so.
A statement from AIMS added: “Lady Justice Gloucester’s judgment gives considerable confidence that AIMS’ claim will be successful and the right to appeal, which is routine in other member states and had previously been routine in the UK, will be restored.”
This story was originally published on a previous version of the Meat Management website and so there may be some missing images and formatting issues.
