Bird flu firm won't be prosecuted

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Food Standards Agency (FSA) investigators looking into possible failings at the site in Holton, Suffolk, found "insufficient evidence" for legal action.

Liberal Democrat environment spokesman Chris Huhne MP described the outcome as "astonishing".

Neither the FSA nor the Department for Environment, Food and Rural Affairs (Defra) are pursuing any inquiries which could lead to legal action against the turkey firm.

Bernard Matthews welcomed the food watchdog's announcement, saying it had always acted with "the utmost integrity".

The Food Standards Agency (FSA)'s probe - part of which was done on Defra's behalf - focused on food waste storage at the Bernard Matthews plant. It followed a Defra report published in February which listed a catalogue of failings at the Holton site. Inspectors saw gulls feeding on meat scraps left in uncovered waste bins and polythene bags used for meat products left in open bins.

But the FSA said its inquiry found "no evidence" that the firm had breached animal by-product or food hygiene laws. "We have carefully scrutinised and considered the evidence in this case and concluded there is insufficient evidence to provide a realistic prospect of conviction," the watchdog said in a statement. "Accordingly, we have decided not to proceed to a prosecution in this case."

The FSA's investigation focused on possible breaches of Animal By-Products Regulations 2005, Animal By-Products (Identification) Regulations 1995 and Food Hygiene Regulations 2006.

Responding to the findings, shadow environment minister Peter Ainsworth said: "It seems entirely clear that there were breaches of biosecurity at the Bernard Matthews plant. It was a matter of sheer luck that bird flu didn't spread into the wild bird population. Many people will therefore be rather surprised by the FSA's decision not to take further action."

Defra expects its own scientific investigation into the bird flu outbreak to conclude after Easter. But that probe will not lead to any legal action, the spokeswoman added.