The Court of Justice of the European Union has ruled that poultry retailers may be penalized if they sell salmonella-contaminated fresh meat in the 28-nation bloc.
In 2012, the Austrian authorities fined Ute Reindl, the manager of an Austrian branch of the supermarket chain MPREIS Warenvertriebs GmbH, for failure to comply with food safety rules after a sample of vacuum packed fresh turkey
breast in its outlet was found contaminated by salmonella.
Reindl appealed against the fine to the Independent Administrative Chamber in Tirol, Austria, which referred the case to the Court of Justice to rule about the extent of liability of food business operators where they are active only at the distribution stage.
In its judgment Thursday, the Court made it clear that fresh poultry meat must satisfy the microbiological criteria for salmonella at all stages of
distribution, including the retail sale stage.
The court observed that failure to ensure compliance with microbiological criterion at all stages of distribution would amount to undermining one of the fundamental objectives of food safety legislation.
The Court also said that food business operators which are active only at the distribution stage may be fined for having placed on the market a foodstuff which fails to comply with the microbiological criterion.
The Court of Justice does not decide the dispute itself. It is for the national court or tribunal before which the issue was raised to dispose of the case in accordance with the Court's decision, which is binding.
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