Kirklees Together

Two brothers from Dewsbury have received a 12-month community order and hefty fine after selling counterfeit cranberry sauce. They both pleaded guilty to offences under the Trade Marks Act 1994 and several food hygiene offences, including failing to register a food business.

Mr Irfan Hanif Patel, aged 41, of Ravensthorpe Road, Dewsbury, will serve 120 hours of unpaid work, and Mr Mohammed Patel, aged 31, of Thornhill Street, Dewsbury, will serve 100 hours of unpaid work after being jointly prosecuted by West Yorkshire Trading Standards and Kirklees Council.

The pair sold 1,000 jars of Cranberry Sauce to a wholesaler who distributed the jars to businesses around the country. The cranberry sauce was falsely labelled as ‘Abel and Cole’, which is an existing legitimate cranberry sauce supplier.

Having never registered as a food business with Kirklees Council, they were trading illegally, they had also never been inspected to ensure they met essential food hygiene standards.

Mr Irfan Patel made over £680,000 from his criminal conduct, and his brother made over £1,600. Both have been given three months to repay the amount and face a prison sentence of 10 months and 14 days respectively if they fail to do so. Further costs of £31,000 were also awarded.

The case began back in December 2020 when West Yorkshire Trading Standards and Kirklees Council’s Environmental Health Team received intelligence about counterfeit ‘Abel and Cole’ cranberry sauce being supplied throughout the country. The ensuing investigation involved the National Food Crime Unit, and other local authorities.

Officers from West Yorkshire Trading Standards and Kirklees Council Food Safety Team visited two Kirklees business who had been sold the counterfeit sauce. They seized the illegal goods and then visited Mr Irfan Patel’s business premises located in Bretton Park Way, Dewsbury. Mr Patel said the stock was bought from another trader, but the business was untraceable.

The food was condemned due to concerns of the sourcing of foods from unregistered businesses, where no regulatory checks had taken place to ensure safe storage, handling or distribution.

No evidence of origin has been provided, so it is unknown where the cranberry sauce was produced. It could be linked to illegal food activities such as bringing food destined for waste back into the food chain. Consequently, all seized food items were destroyed.

In a joint statement, Trading Standards Manager, Linda Davis and Councillor Amanda Pinnock, Cabinet Member for Communities and Environment at Kirklees Council said:

“Businesses need to ensure they are registered with the local authority 28 days before beginning to operate. They must have a traceability system in place and to only purchase stock they believe is legitimate by conducting checks. Supplying food that is counterfeit can pose serious risks to the community as it is often made in an uncontrolled environment with uncontrolled processes and ingredients.  

“Trading Standards and Kirklees Council will continue to take action against any businesses flouting the law, including instigating proceeding under the Proceeds of crime Act 2002. We encourage all businesses to check the legal requirements relating to food businesses, information which is easily accessible through the Food Standards Agency website”

For more information on the legal requirements for food businesses, visit the Food Standards Agency website.