Mansfield store owner banned from selling fresh food after hygiene regulation breaches

Karolina Wegiera, aged 24, of Mansfield, was also banned from selling fresh food after admitting five charges under food hygiene regulations in connection with her business Zosia Market, on Bridge Street, Mansfield town centre.

The offences, in contravention of the Food Safety and Hygiene (England) Regulations 2013, were:

Two offences for placing unsafe food on the market;

Two offences for failing to put in place, implement and maintain proper food safety procedures;

One offence of keeping food which was likely to support the growth of pathogenic micro-organisms or the formation of toxins at a temperature above 8C.

Magistrates in Mansfield fined her £80 for each offence and ordered her to pay a surcharge of £34 and costs of £566.

The Hygiene Prohibition Order imposed on her selling any fresh food, or food that has a use-by date, will limit her to managing only shops with dry or frozen goods in future.

Mansfield Council prosecuted the store owner after a routine food hygiene inspection of the premises in September 2021.

Environmental Health Officers found 83 items of food for sale with expired or no use-by dates.

A follow-up inspection a month later found another 35 items for sale with expired or no use-by dates.

The inspectors visited again in March 2022 when they checked the refrigerators containing foods which, according to food hygiene regulations, should have been stored below 8C.

One fridge was found to be displaying a temperature of 18.6C, while the temperature of a cheese product within the refrigerator was found to be 19.6C.

The court heard these temperatures could support the growth of micro-organisms or the formation of toxins which could be a health risk.

The council's investigation found there were inadequate procedures in place to ensure food safety at the premises.

In mitigation, the court heard the business venture had been a disaster and had cost Miss Wegiera £60,000 over the past 18 months since opening and that she intended to shut the shop in the new year because it was not profitable.

Speaking after the case, Coun Marion Bradshaw, council portfolio holder for safer communities, housing and wellbeing, said: "We hope this case sends a strong message to food outlets in our district.

“Food hygiene rules are there for our safety and it is important every retailer abides by them rigorously.”

"This retailer now has a criminal record and all the implications of that as well as being severely curtailed in what types of foods she is able to sell in the future.

"We also hope it sends out a clear warning to retailers about maintaining safe fridge temperatures.

"It may seem tempting to turn down the dial a few notches to save energy costs in the current economic challenges, but as this case shows, it could be a false economy.”