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Prosecutions

Updated 11 September 2024

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July 2024

A multi-agency search led by Devon & Cornwall Police resulted in the Prosecution of Ashley Game Farm Ltd and its Director, Christopher Hodgson.

Background

The VMD with Defra Investigation Services (DIS) supported this investigation with a particular interest in the possession of the veterinary medicines product Dimetridazole (DMZ).  DMZ was the active ingredient of the product Emtryl.  It is an anti-fungal and anti-protozoal used for the control of infection. DMZ was entered into Annex IV of Council Regulation 2377/90 since on the available data no maximum residue limit could be set.  In 2002 the company who held the marketing authorisation for the product asked for the authorisation to be suspended due to concerns over carcinogenicity.   For over 20 years this product has not been legally available on the UK market for food producing animals.

Charges laid

On 18 July 2024 at Exeter Magistrates Court, Ashley Game Farm and the Director of the company were charged with the following offences:

Ashley Game Farm:

  1. On or before 26/03/2021 at Ashley Game Farm Limited, stored a plant protection product, namely Rivett MAPP 11300, without a valid authorisation or permission granted in accordance with Retained EU Regulation 1107/2009.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  2. Between 01/10/2020 and 27/03/2021 at Ashley Game Farm Limited, used a plant protection product, namely Carbofuran, in contravention of Article 28 (1) of Retained EU Regs 1107/2009.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  3. On or before 26/03/2021 at Ashley Game Farm Limited, used a Biocidal product, namely Lodi’s Sapphire Grain otherwise in accordance with the terms and conditions of its authorisation under Article 22 (1) and the labelling and packaging requirements of Article 69.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  4. On or before 26/03/2021 at Chulmleigh contravened a requirement imposed by a prohibition notice served under section 22 of the Health and Safety at Work etc Act 1974 in that used a Biocidal product, namely Mole Valley Farmers Difenacoum Cut Wheat Rat Bait without authorisation being in force allowing for its use.  Contrary to sections 22 and 33(1)(g) of the Health and Safety at Work etc Act 1974
  5. On or before 26/03/2021 at Chulmleigh in the county of Devon possessed an unauthorised veterinary medicinal product, namely Dimetridazole (DMZ).  Contrary to regulations 26(1), 43(r) and 44(1) of the Veterinary Medicines Regulations 2013.

Christopher Hodgson, Director of Ashley Game Farm:

  • On or before 26/03/2021 at being a Director of Ashley Game Farm Limited, a body corporate who had committed an offence, stored a plant protection product, namely Rivett MAPP 11300, without a valid authorisation or permission granted in accordance with Retained EU Regulation 1107/2009 and the offence was committed with the consent or connivance, or attributable to the neglect of Christopher Hodgson. Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.

Plea and results

The company Ashley Game Farm Ltd pleaded guilty to all five charges and was ordered to pay £40,000 in fines and £590 in costs.

Christopher Hodgson pleaded guilty to the one offence and was ordered to pay £1500 in fines and £150 in costs.

November 2023

Prosecution of Mr Anthony Howarth - 1 November 2023

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