Cadbury charged on salmonella scare

Birmingham City Council is accusing the firm of putting "unsafe" contaminated chocolate on the market.

It is charging the confectionery giant over failure to "immediately" inform the relevant authorities about potential dangers. Cadbury faces a third charge of failing to identify "hazards" posed by the contamination and the procedures it should have followed.

Each of the three alleged offences is punishable with unlimited fines and/or up to two years in prison, Birmingham City Council said. Cadbury has been summonsed to appear before Birmingham Magistrates' Court on June 15. The Council's prosecution follows an extensive investigation into the chocolate giant in wake of last summer's salmonella scare.

Cadbury recalled more than a million chocolate bars on June 23 due to salmonella contamination which it blamed on a leaking pipe at its factory in Marlbrook, Herefordshire. Birmingham's investigation focused on activity at the firm's headquarters, which fall within the local authority's patch.

The first two alleged offences involve breaches of General Food Regulations 2004. The third offence is an alleged breach of Food Hygiene (England) Regulations 2006.

Birmingham City Council is charging the firm with putting contaminated chocolate on the market between January 19 and March 10 last year. The two other charges relate to the period January 19 to June 18 last year. A separate Herefordshire Council investigation into possible environmental health breaches at the Marlbrook site is still ongoing.

Cadbury said in a statement: "We have fully co-operated with the authorities throughout their inquiries and we will examine the charges that have been brought. As there is now legal action pending, it would be inappropriate for us to comment further."

One month after the June 23 recall, the Health Protection Agency branded Cadbury's chocolate the most likely cause of a salmonella outbreak in more than 30 people. In December, Cadbury Schweppes said the summer salmonella scare had cost it £30 million - £10 million more than initially expected. The firm's UK chocolate sales tumbled by 14% in July, although it blamed part of the downturn on the summer heatwave.

Responding to Birmingham City Council's decision to prosecute Cadbury, the Food Standards Agency said: "We have worked closely with the local authority on the investigation and have provided resources and funding. An FSA Fighting Fund, set up to help local authorities investigate large incidents, awarded Birmingham £24,882 to help towards the costs."