An organic shop owner was yesterday fined €2,000 after he was convicted of a breach of EU regulations by displaying non-organic chicken pieces for sale as organic.
Marc O'Mahony, trading as The Organic Shop, Unit 28, The English Market, Grand Parade, Cork, had denied the single charge relating to the labelling and presentation of chicken pieces at the shop on December 13th, 2004.
The Department of Agriculture had charged Mr O'Mahony with breaching rules laid down in line with EU regulations on organic produce, alleging that he had labelled the chicken pieces as organic products by displaying them beneath the sign for his shop, The Organic Shop.
The court heard evidence from two Department of Agriculture witnesses, agricultural inspector Frank Macken and assistant principal officer at the department's organic office Tony Reid, who visited Mr O'Mahony's The Organic Shop on the day in question.
Both men said Mr O'Mahony had admitted to them that the chicken pieces were not organic but Judge David Riordan ruled that this was not admissible after defence barrister Elizabeth O'Connell successfully argued that her client had not been properly cautioned.
However, the department did produce a fax sent by Mr O'Mahony on December 16th, 2004, confirming he had received 20 chickens from a reputable non-organic producer, Seán Crowley of Kilnagraddy, Innishannon, Co Cork, and cut them up to sell as chicken pieces.
Both Mr Macken and Mr Reid agreed that the tray of chicken pieces on display carried no sign or marking but contended that consumers buying chicken pieces there beneath the shop's sign would conclude that the pieces were organic.
Mr O'Mahony produced invoices in court showing that he sourced organic chicken every week from a reputable organic producer, Dan Ahern, but Mr Ahern had switched over to producing turkeys in the run-up to Christmas and was unable to meet his demand for chicken.
