Risky operator caught out

An egg and poultry processor from Levin has been fined more than $16,000 for operating without a registered risk management programme despite multiple warnings from the New Zealand Food Safety Authority (NZFSA).

Graham Joseph Henry, who owns and operates Henry Poultry, pleaded guilty at Levin District Court this month to three charges under the Animal Products Act.

Judge Atkins fined Henry $3000 for operating without a risk management programme, $10,000 for selling non-compliant product and $3000 for failing to comply with a statutory notice of direction. He also ordered him to pay $840 in solicitors’ fees and court costs.

“We gave this processor several opportunities to comply with his legal obligation to adopt a registered risk management programme but he consistently failed to do so,” says NZFSA’s Assistant Director (Operational Response) Justin Rowlands.

“The fine sends a clear message to operators that knowingly flouting these requirements will not be tolerated by the courts, and we commend that.”

The court heard that during 2006 and 2007 Henry slaughtered, processed and sold up to 350 birds a week, which he bred on one of his Levin properties. He also sold eggs from his laying hens at Levin and Wellington markets and to customers at the gate.

The Animal Products Act requires all egg producers with more than 100 female birds and all poultry slaughterhouses to operate under a risk management programme.

The programme describes the procedures companies use to identify, control and manage hazards and risk factors in the processing of animal material or product to ensure the final product is fit for consumption or other intended purpose.

Although Henry started applying for a risk management programme, he did not continue and in May 2006 was served a notice of direction banning the processing and sale of any poultry until he had done so.

Henry ignored this notice. In March 2007 NZFSA investigators seized and destroyed about 3900kgs of his poultry product. They warned him that continuing his operation without a registered risk management programme would result in prosecution.

But Henry carried on processing and selling poultry and eggs and in August 2007 NZFSA investigators returned to seize and destroy another 1500kgs of poultry product.

“Poultry is recognised as a primary source of Campylobacter, and poultry and eggs can also be a source of Salmonella,” Mr Rowlands says.

“Risk management programmes have controls that help ensure poultry and eggs are free from specified hazards and that the presence of harmful bacteria is reduced.

“Egg and poultry processors that operate without a risk management system jeopardise the reputation of other compliant poultry and egg businesses as well as the public health.”