A wedding almost fell apart after a cake supplied to a bride contained pieces of plastic between its icing layers and was made in an environment that could not guarantee it was nut free, despite assurances to the contrary. The cake was not served after kitchen staff at the venue discovered the contamination.
Faye Selway, 49, of Glen Road, Wadebridge, who ran the Natural Cake Company, pleaded guilty at Bodmin Magistrates Court to four charges under the Food Safety Act 1990 and the Food Safety and Hygiene (England) Regulations 2013. The case was brought by Cornwall Council following a complaint from a customer relating to plastic contamination in a wedding cake supplied in April of this year.
Plastic found in cake layers
Kitchen staff at the wedding venue found pieces of plastic between the icing layers when the cake was cut to be served to guests. As a result, the cake was not served for fear that further pieces of plastic could pose a health risk. The customer contacted Cornwall Council after Selway refused to provide a refund.
Investigations revealed that Selway had given the customer both written and verbal assurance that the cake would be nut free and made in a completely nut free environment at her cake studio. This was vital because one of the brides has a severe nut allergy and had previously been hospitalised with anaphylaxis.
Cake made in unregistered kitchen
The court heard that the cake was not made in the studio but in a domestic kitchen, which could not provide the nut free environment that was crucial to the brides. Selway had vacated the cake studio nine months before taking the order, knowing full well that the cake would not be made in a dedicated studio.
Neither the cake studio nor Selway's domestic kitchen were registered with Cornwall Council as a food business, which is required by law. This meant they had not been subjected to food safety interventions, including allergen control and assessing allergen claims. Selway had been advised in writing by the council when she was considering setting up the studio that she would need to register as a food business, and was therefore fully aware of the requirement.
Council warning on enforcement
The council said that had the plastic not been in the cake and it had been served at the wedding, the potential for nut contamination could have had catastrophic results. Magistrates fined Selway £896 and ordered her to pay the council's costs of £3,067, totalling £3,963.
Nick Kelly, group leader for food safety, health and safety and port health at Cornwall Council, said: "The legislation around allergens in food are there to ensure consumers have accurate advice to enable them to make an informed decision in respect of the foods they consume. In this case, the misleading information could have had life threatening consequences." He added: "Where businesses fail to meet their legal obligations and put people at risk, the Council will not hesitate to take formal enforcement action."
Councillor Thalia Marrington, cabinet member with responsibility for community safety and public protection at Cornwall Council, said: "This case highlights the importance of ensuring businesses provide accurate information in relation to the foods they sell. Making misleading claims is totally unacceptable and in instances like this can be life threatening to the consumer. When businesses blatantly disregard their legal obligations and put their customers at risk, we have no choice but to take action."
