Cadbury Ltd hasbeen fined a total of £1million for distributing chocolate products contaminated with Salmonella. They were also ordered to pay costs totalling £152,000.

The contaminated chocolate resulted in 42 people reporting being poisoned, three of whom required hospital treatment, following the distribution of the contaminated chocolate between January and March last year.

In a prosecution brought by Birmingham City Council, Cadbury Ltd pleaded guilty to three offences contrary to the General Food Regulations 2004 and Food Hygiene Regulations 2006: placing unsafe chocolate on the market; failing to inform the competent authorities; failing to identify hazards from contaminated chocolate and critical controls to ensure food safety.

At Birmingham Crown Court on JUly 16, the company was fined a total of £700,000 plus £52,000 costs. They were also fined £300,000 plus costs of £100,000 after pleading guilty to six offences brought by Herefordshire Council.These offences relate to the state of repair of a drainage pipe and roof vent at the Marlbrook plant, the factory layout, drainage facilities and cleaning of equipment.

Ready to eat chocolate is produced at the company’s Bournville site in Birmingham, from chocolate crumb shipped from the Marlbrook factory in Herefordshire.

Councillor Neil Eustace, Chair of Birmingham City Council’s Public Protection Committee, said: 'This case should warn all food manufacturers, however large, that they should have adequate safeguards in place to ensure their products are of the highest standards and quality. To sell contaminated food which is likely to make people ill will not be tolerated in this country.'

The company first discovered a sample of salmonella in April 2002 at its Bournville site, then again at the Marlbrook plant in Herefordshire in January 2003. Further positive samples were found between 2003 and 2006 in liquid and crumb chocolate and end products as well as manufacturing and distribution equipment. Cadbury Ltd began an internal investigation but, despite 14 routine visits from environmental health officers to Bournville between August 2003 and May 2006, did not inform the authorities until June 2006.

Richard Lodge, Birmingham City Council’s head of food safety, said: "'his case is very significant as it involves a large, well-respected manufacturer, a major employer and one of the strongest brand names on the market. The decision to prosecute was not taken lightly and reflects the seriousness of the offences and the company’s decision to keep important information relating to the safety of its products from the relevant authorities.

'Birmingham City Council, as the food safety authority, has received every co-operation and support from the Food Standards Agency and Health Protection Agency during the investigation which has secured this successful prosecution.'