R (Association of Independent Meat Suppliers and Cleveland Meat Company Ltd) v Food Standards Agency [2015] EWHC 1896 (Admin) – Regulation (EC) No 854/2004 - s 9 FSA - reg 25 FSHER - ECHR A1/P1 - GFLR.
- meat unfit for human consumption.
1) EU Regulations did not provide for or envisage appeal against OVs’ decision.
- carcase at slaughterhouse, which OV has refused to mark and which must be disposed of as animal by-product is not “placed on the market” and is outside scope of s 9 FSA.
2) lack of right of appeal against OV’s decision on fitness of meat not incompatible with EU Law.
3) ECHR did not give right of appeal from administrative act.
undefined: unpaid
Related case digests
- R (Association of Independent Meat Suppliers & Anor) v Food Standards Agency [2017] EWCA Civ 431 – Regulation (EC) No 854/2004 - s 9 FSA - regs 25 and 29 FSHER - ECHR A1/P1 – GFLR.
- slaughterhouse meat unfit for human consumption. 1) EU Regulations confer no right of appeal against OV’s decision not to apply a safety mark. 2) FSHER provides no right of appeal against OV’s decision not to apply a safety mark. - s 9 FSA does not extend to a carcase not “placed on the market”. 3) lack of right of appeal against OV’s decision on fitness of meat not incompatible with EU Law. 4) ECHR does not give right of appeal from administrative act. - although lack of appeal gave rise to financial risk, there was a competing interest of protection of public safety.