The court ruled against the meat processor following the non-payment for cattle delivered to the slaughter plant by a west-of-Ireland farmer. Ennis District Court heard that, in August 2023, the farmer in question made a complaint to the Agri-Food Regulator claiming that Asba Meats, not represented in court, were in breach of the UTP Regulations as a result of the non-payment for animals which were delivered to the processor in October 2022. Under the 2021 UTP Regulations, failure to pay within a 60-day period constitutes a breach of the UTP Regulations.
Representing the regulator, Jonathan Moore, Fieldfisher Ireland LLP stated that the case before the court was as a result of the regulator’s investigation of the complaint and he confirmed that, while a portion of the payment had been paid during the course of the proceedings, a portion due to the farmer was still outstanding.
The court convicted the company on a single charge but placed a stay on the conviction until December 13, 2024, indicating that it would consider a fine and adjudicate on costs on that date.
Niamh Lenehan, CEO of the Agri-Food Regulator said the outcome is a significant milestone for the Agri-Food Regulator. Securing a conviction in this case sends an important message to both suppliers and buyers in our agri-food supply chain, to actively engage regarding your rights and obligations. I would like to thank the complainant, my staff and our legal team for successfully prosecuting this case”.
She said that successful conviction served as a reminder to primary producers and small agri-food businesses, in particular, that the Agri-Food Regulator was here to help them in their dealings with larger buyers, adding that anyone who feels they are experiencing or have been subjected to a UTP should contact the regulator immediately.