A 16-year-old girl was selling cherries from her grandfather's orchard in a local store square to collect for a school trip. The effort to make a vacation earned ended in police intervention and a court motion.
The communicative of 16-year-old Lubny from the Zachodniopomorskie Voivodeship was described by “Gazeta Wałecka”. Marysia, in order to gain a pocket for a school trip, picked cherries from her grandfather's orchard and sold in the parking lot of the store, which was besides his property.
After 2 days of vacation sales on the stall, the girls visited 2 officials of the Sanitary Inspectorate from Walcza in company with police patrol. “The officials were very anxious to punish our child. The control lasted more than 2 hours," the girl’s parent reported.
The intervention was preceded by an anonymous report. The Sanitary Inspectorate imposed a fine on the girl's father of PLN 100 for not having a sanitary and epidemiological book required for selling food products.
They imposed a fine of PLN 100 on my husband who decided to represent the child. My husband didn't take the ticket. And we didn't mean money, we meant rules. There's so much talk about what youths are claiming that they want everything from their parents that they don't want anything, that they spend time with the phone, and erstwhile they start working, they collide violently with the authoritative machine. We asked the ladies to teach Mary and not to impose a ticket immediately. Unfortunately, they could not be forgiven," added Mary's mother.
My father refused a ticket and appealed the decision, explaining that his daughter was not employed in the store, so she did not request the appropriate documentation. "In the appeal we besides noted that the HACCP procedures concern entrepreneurs, not occasional sales of fruit or vegetables", says Marysi's mother.
The wellness inspection found the appeal unfounded, so it made a request for punishment to the court. The manager of the Sanitary-Epidemiological territory Station in Walcz Karola Subocz points out that the individual who places the fruit on the marketplace must comply with the requirements of food law, in peculiar the Food Safety and Nutrition Act of 25 August 2006 and the implementing regulations adopted pursuant to that Act; Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety; Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.
Update: no penalty
‘Gazeta Wałecka’ posted an update to its website in which it informed that the Chief Sanitary Inspector had resigned from the imposition of penalties. The GIS acknowledged that the measures taken by the auditors were disproportionate to the mistake and so requested instruction in court proceedings.
Full text of the Communication:
After a thorough analysis and examination of all the circumstances concerning the incidental of punishing a 16-year-old in Lubno (Wałecki County) with a mandate, we inform that in the opinion of the Chief Sanitary Inspector, the measures taken by the inspectors at the time were not proportionate to the offence. The State Sanitary Inspectorate in Walcz so requests in court proceedings that a milder measurement be taken, namely instruction. It was besides decided to delegate another duties to the auditors straight involved.
In addition, provincial and region sanitary and epidemiological stations will receive instructions on how to handle specified events. In the case of tiny business initiatives, especially those taken by the youngest, the basis should be to educate about possible risks and to apply instruction, not to punish with a mandate.
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