Corby pizza and pasta shop owner sold dish with potentially fatal levels of milk to 'customer' who said they had a milk allergy

A Corby takeaway owner has been sentenced after he sold a ‘milk-free’ Penne Pollo Picante containing potentially fatal levels of milk.

Hamid Baradar of Scotter Walk, sole director of Figaro's Pizza, in George Street, Corby, was sentenced at Northampton Crown Court on Thursday.

Baradar, 42, had changed his original plea, admitting he was guilty of contravening Food Safety and Hygiene Regulations by selling a pasta dish containing milk to a ‘customer’ who had told him they were severely allergic to milk protein.

But the customer was an undercover Trading Standards test purchaser who took the pasta meal away for expert analysis.

The court heard that in August 2017 food allergen ‘issues’ had been raised with Baradar, who was solely responsible for the menus and for preparing the food.

Written guidance on allergens by Trading Standards officers had been given to him during two follow-up visits.

During that time Baradar had failed to complete a vital Allergen Matrix – a food safety chart designed to help organise and label menus so customers can have confidence in the food they're eating.

In April 2019, the matrix was still not completed, and still incomplete in October 2019, leading to the undercover test purchase on December 13, 2019.

Prosecuting George Spence-Jones said: “At that visit the Trading Standards officer posed as a customer with a milk allergy. They chose a meal and identified their milk allergy and was reassured it didn’t contain milk. “

Analysis of the food showed that the meal contained quantities of milk protein three times greater than a dose known to cause an allergic reaction. A report revealed that a person with a milk protein allergy could suffer a ‘fatal’ reaction by eating the food and that the Penne Pollo Picante was ‘unsafe’.

Despite the findings, a further follow-up visit to Figaro's Pizza in February 2020 found a new employee had not been given allergens training and the allergy matrix was still out of date.

Mr Spence-Jones said: “Baradar had not heard of the Food Standards Agency. He said he didn’t think he needed to have training but thought his experience was sufficient. Mr Baradar said he was ‘too busy’ between March 2019 and December 2019 to complete the matrix.”

The court heard that Baradar hadn’t wanted to reprint the menus with allergen information because “it would be too expensive”.

Mitigating Emma Hornby said: “He’s remorseful for his actions. He’s taken on board advice from Trading Standards but fully accepts there’s more that he could have done. He was overwhelmed and didn’t keep up with the paperwork.”

The matrix has now been completed and instructions translated from English into Farsi and Bulgarian to help with communication between employees.

Baradar pleaded guilty to breaching regulation 19(1) and (2) of the Food Safety and Hygiene (England) Regulations 2013 ‘placing food on the market’ injurious to the health of consumers who are allergic to milk.

He pleaded guilty, as Figaro's Pizza, to three further breaches of food safety regulations relating to the sale of Penne Pollo Picante.

Sentencing His Honour Judge Rupert Mayo said: “You knew what the potential harm could be. It is plain that food that contains serious allergens is a serious matter.”

Baradar was given a 20-week suspended for six months and fined £15,000.