A FOOD packaging firm has escaped being fined over a trading standards dispute after a clerical error.

Charges against Cosgrove Food, Great Harwood, which produces and packs snack foods at a site in Heys Lane Industrial Estate, were dropped when it was discovered Hyndburn Magistrates had not been sent details of the prosecution within the allotted time period.

Director Kevin Cosgrove had pleaded guilty on behalf of the company to selling food products not marked with labelling in accordance with regulations.

But the charge had to be dropped just before the fine was decided when it was discovered the time limit for prosecution had expired.

Gerry Smallshaw, Trading Standards manager said: "A lot of consumer legislation has time limits and this case had one of six months. It was a genuine error. Someone miscalculated, which is frustrating and embarrassing as we got it wrong."

Nick McNamara, prosecuting for Trading Standards, told the court that, with some exceptions, all pre-packaged food should be marked and labelled with minimum information such as ingredients, and an indication of the address of the manufacturer, packer or seller. Not complying could bring a fine of up to £5,000.

During a routine inspection last December, Trading Standards Inspector Dave Todd found samples of the company's 'ploughman's lunch', which contains crackers, spreadable cheese and pickled onions in a cellophane wrapper, which were not properly labelled and had told a member of staff.

The company was then written to six weeks later and told that no further action would be taken if the labels were changed within a three-month period.

But when the inspector returned after eight months on October 15, 2001, the packaging had not been altered in any way

Mr McNamara said: "Pre-packed food needs to be labelled in this way so that the source can be identified and isolated in cases of emergencies such as food poisoning. It is also important for consumers who may have an intolerance or allergy to certain ingredients."

Mr Cosgrove, representing himself, said: "I accept the labelling could have been more extensive.There are three items in the ploughman's lunch. The packet of crackers has ingredients on it. A pickled onion is a pickled onion but the cheese perhaps could have been labelled."