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Ministry of Primary Industries v Krishna [2020] NZDC 12469

Published 14 February 2022

Sentencing — sale of meat products — lack of proper registered risk management programme — lack of proper hygiene controls — improper food storage — lack of proper cleaning and maintenance — food contamination — Animal Products Act 1999. Two defendants were for sentence on charges of selling animal products (goat meat) which had not been processed according to a registered risk management programme or food control plan; failing to operate with a risk management programme, knowing that this could cause risks to human health; and failing to provide a reasonable excuse for trading without a risk management programme or food programme. The first defendant, who was manager of the second defendant company, had taken over running the company from a relative and acknowledged taking no steps to obtain or manage a risk management programme or food control plan. Inspections of the business showed that the meat was improperly stored and that the equipment used to process it was unclean. The first defendant was of very limited means and otherwise good character, and there was no evidence that anyone had actually become sick from eating the meat, so the Court decided not to impose a fine but to sentence the first defendant to 200 hours' community work. The Court noted the need to impose a penalty on the second defendant as well, and set a fine of $2250. Given the defendants' lack of resources, the Court decided not to make an order for costs. Judgment Date: 30 June 2020.