Indian restaurant fined for selling "allergen free" curry containing peanuts

Stock image of an Indian curry
Stock image of an Indian curry

The director of the Windmill Hotel in Alford, Noor Mohammed, has been prosecuted after selling a curry that contained peanuts when a peanut free dish had been ordered.

On 22 October 2018 the curry house was visited by an officer from Lincolnshire Trading Standards and a food sample was taken to discover if the food was allergen free as requested.

Mark Keal, Lincolnshire Trading Standards Manager said: "An unannounced Officer spoke directly to Mr Mohammed and he confirmed that the Lamb Malay- Mild with Fruits was peanut free.

"However, when the curry arrived and the officer explained what was happening, she was then informed it might have peanuts in it by a member of staff."

"Tests carried out by the Public Analyst on the curry revealed that it contained in the region of 3% peanuts, and was "potentially harmful to consumers who are allergic".

The case was heard at Boston Magistrates Court last week and Mr Mohammed of Nayeema (Alford) Limited pleaded guilty to two charges*, was fined over £369 and ordered to pay £1,000 towards costs.

Mark added: "Restaurants have a duty of care to serve food that is of the nature, substance or quality demanded by the consumer, and to ensure that it is allergen free if the customer has requested this.

" We were shocked to find that one ingredient used in preparing the meal was 100% peanut powder. He should have realised that there are potentially deadly consequences for customers with peanut allergies if they were served this meal.

"We will continue to provide business advice, inspect food and take samples from restaurants in Lincolnshire to ensure they are complying with the laws relating to allergens.”

This incident is a similar to a case in North Yorkshire where a gentleman tragically died after consuming a curry he believed was peanut free.  The owner was found guilty of manslaughter.

For more information about allergens, visit www.food.gov.uk

Charges

  1. That on 22 October 2018 at 10 Market Place, Alford in the county of Lincolnshire you did fail to comply with article 14 of EU Regulation 178/2002 in that you placed on the market food, namely a Lamb Malaya – Mild with Fruits, that was unsafe in that it contained Peanuts when it was purchased as Peanut Free, contrary to regulation 19(1) of the Food Safety and Hygiene Regulations 2013.
  2. That on the 22 October 2018 at 10 Market Place, Alford in the County of Lincolnshire you did sell to the purchaser's prejudice food, namely Peanut Free Lamb Malaya – Mild with Fruits which was not of the nature demanded by the purchaser in that it contained peanuts contrary to section 14 of the Food Safety Act 1990. 

Published: 16th December 2019