APA News

  • Peanut Prosecutions


    In the last decade it is estimated that the cases of food allergies have doubled and the number of hospitalisations caused by severe allergic reactions has increased 7-fold. From December 2014, the EU-wide legislation has required catering outlets, deli counters, bakeries and sandwich bars to provide information on allergens on the food that they sell. Public Analysts routinely test food s for a range of allergens, particularly peanut.

    Recent court cases reflect the seriousness of failures by takeaways to provide nut-free dishes.

    Restaurant owner Mohammed Khalique Zaman is currently on trial accused of the manslaughter of a customer who suffered a fatal allergic reaction to peanuts after eating a takeaway curry. Mr Zaman, owner of the Indian Garden, in Easingwold, North Yorkshire, was charged following the death of Paul Wilson, who suffered a severe anaphylactic shock at his home in Helperby, near Thirsk, in January 2014.

    The meal served to Mr Wilson included a chicken tikka masala the sauce of which was thickened with powdered peanut. Other components of the meal were also contaminated. The evidence of Public Analyst Dr Duncan Campbell who oversaw the analysis of the meal and related samples was agreed by the prosecution last week. A verdict is expected in the next few days.

    In April of this year a District Judge imposed a £3,000 fine on Jolsha Limited of Norton in Stockton on Tees after a teenager was served a chicken bhuna containing peanut during a meal with his family on April 26 2015. Later that evening, he became unwell and was admitted to hospital to be treated for anaphylaxis. His parents had been assured by the manger that their bhuna dishes did not contain nuts.

    After the incident an inspection of a storeroom by Trading Standards officers revealed a powder that the chef described as “almond powder” was labelled as “Ground Nut Mix (Peanut and Almond)”. The chef confirmed the same product was in an open container in the kitchen.

    Analysis of a sample confirmed the presence of a small amount of peanut consistent with cross contamination from the open container. Commenting on the case, Public Analyst Dr Duncan Campbell said “A tiny amount of peanut is enough to provoke an anaphylactic shock in a sensitive individual. A single peanut is enough to cause severe symptoms in 25 peanut allergy sufferers.”

    On the 12th May a restaurant in Whitehaven was fined £10,000 for serving a customer suffering from a peanut allergy a meal containing peanut protein. The offence came to light after a complaint from a local resident, whose son was taken to hospital after suffering anaphlaxic shock after eating a takeaway from the restaurant. The court heard that when the meal had been ordered, it had been specified that he suffered from a nut allergy.
    Dr Andrew Smith, the Public Analyst who oversaw the analysis, confirmed that there was a sufficient quantity of peanut present in the meal to pose a real hazard to anyone who suffered from a nut allergy.