Newbiggin Indian restaurant fined for selling curry with traces of peanut in it

The case against Shaj Indian Restaurant, which was trading as Shaj Tandoori of High Street, Newbiggin by the Sea, was brought by Northumberland County Council’s trading standards department.

It was fined £6,000, which was reduced to £4,000 due to the venue submitting an early guilty plea to Newcastle magistrates.

According to the Food Safety and Hygiene (England) Regulations 2013, the food was deemed to be unsafe and injurious to health to anyone allergic to peanuts.

The company was also ordered to pay £1,700 in legal and investigation costs, and a £400 victim surcharge, making a total of £6,100.

The company director Rezad Choudhury was given a 12-month conditional discharge and ordered to pay a £22 victim surcharge after also pleading guilty to two offences.

In June 2021, trading standards officers from Northumberland County Council received a complaint after an 11-year-old child was hospitalised with anaphylactic shock, thought to have been caused by a curry from Shaj Tandoori.

The meal was ordered by parents on the understanding that it was peanut-free.

Following receipt of the complaint, a formal sample was taken by trading standards, who requested a meal from the restaurant and stated specifically that it must not contain peanuts. The order was taken over the phone, and it was confirmed that the meal could be made without the nuts.

Once the meal was handed over and paid for, the officer advised that the meal would be formally analysed and the presence of peanuts was found in the dish.

The meal was sent to the Public Analyst who found it actually contained 11.4mg/kg of peanut, rendering the food unsafe to consumers who are allergic to them.

Mr Choudhury, the director of the business who was tasked with the sourcing of materials and ingredients, advised that the cross contamination must have occurred at the supplier and was unable to explain the presence of peanuts in the meal.

Nut and peanut allergies can cause a severe reaction called anaphylaxis and if it is not treated quickly, it can be life threatening.

After the hearing, the parent who triggered the trading standards investigation said: “People often think that food allergies are limited to an unpleasant rash or a sniffly cold, but for some people, even the smallest trace of an allergen can be life-threatening, causing their blood pressure to suddenly drop and their airways to close, making it difficult for them to breathe.

“My son went into anaphylactic shock. Seeing him in that condition was without doubt, the most terrifying thing I have ever experienced.”

Northumberland county councillor Colin Horncastle, cabinet member with responsibility for community services said: “No one wants to bring a business to court during these difficult times. However, this is a serious matter.

“The restaurant was selling food with peanuts in, when specifically asked not to which could have resulted in tragic consequences.

“We welcome this sentence from the courts which should serve as a warning to other establishments that flout food safety laws.”