Indian takeaway fined for serious failures in allergen controls

An Indian takeaway has been ordered to pay more than £2,800 after a council investigation uncovered serious failures in allergen controls and food information.

Mr Ruhul Amin Choudhury, trading as Nehar Indian Takeaway on Bridge Street in Lampeter, appeared before Aberystwyth Magistrates’ Court on Tuesday 3 March where he pleaded guilty to three offences relating to breaches of food information and food safety regulations.

He was fined £1,290 and ordered to pay a £518 victim surcharge along with £1,000 in investigation and legal costs awarded to Ceredigion County Council. The total penalty came to £2,808.

The breaches were identified following food sampling carried out by the council’s Public Protection team, which revealed the presence of undeclared allergens that could have posed a serious risk to customers.

Officers conducted an unannounced test purchase on 23 January 2025 after the business had previously received warnings and a formal notice regarding inaccurate allergen information.

During the order, officers informed the takeaway that a member of the party had a mustard allergy. However, the prawn cocktail supplied by the business was later found to contain mustard.

Laboratory analysis confirmed the presence of the allergen, meaning the food was unsafe for anyone with that allergy to consume.

During the same visit, officers also discovered that the takeaway was using genetically modified cooking oil without declaring it to customers, as required by law. Investigators said the issue had been raised with Mr Choudhury on two previous occasions but no action had been taken.

Further concerns were identified with the takeaway’s menu, which claimed that “no artificial colours or food additives are used”.

Artificial colourings

However, officers found a container labelled “bright red colour” on the premises which contained artificial colourings including E129 Allura Red, E102 Tartrazine and E122 Carmoisine.

Mr Choudhury confirmed that the colouring was used in dishes including chicken tikka masala and pilau rice. Laboratory testing later confirmed the presence of artificial colourings in food samples.

During interview, Mr Choudhury offered no defence to the offences. He told officers he had not been aware that the cooking oil used in the kitchen was genetically modified, acknowledged that the menu claim about artificial colours was incorrect, and said he did not know the prawn cocktail sauce contained mustard.

Investigators concluded that he had a limited understanding of allergen management, raising concerns about food safety procedures at the premises.

Notice

Following the investigation, a notice was issued requiring Mr Choudhury to stop handling any of the 14 regulated allergens and to take immediate corrective action. The takeaway closed voluntarily later that evening.

In court, the defence solicitor said Mr Choudhury had worked in the food industry for many years and had no previous convictions.

He described his client as “a stranger to the court” and said Mr Choudhury intended to introduce proper systems to prevent similar problems in future.

Councillor Matthew Vaux, Ceredigion County Council’s Cabinet Member for Partnerships, Housing, Legal and Governance and Public Protection, said: “This case highlights the importance of good allergen control and accurate food information.

“Undeclared allergens can have life-threatening consequences, and our officers found several worrying failings during this investigation.

“Our team worked closely with the business to ensure urgent corrective action was taken, and we will continue to support and enforce where necessary to keep consumers safe.”