A Derby small business owner has narrowly escaped a custodial sentence for serving products containing nuts to a customer with a severe nut allergy.
Derby City Council Trading Standards have successfully prosecuted Samantha Brauner, the owner of Small’s Kitchen, after the customer suffered an allergic reaction triggered by eating the product. In May 2024, Small’s Kitchen fulfilled an online order of protein balls.
The customer asked whether the products contained nuts on several occasions, with Ms Brauner stating they did not.
The case was heard at Southern Derbyshire Magistrates Court on Monday 30 June, where Samantha Brauner pleaded guilty to one charge of supplying unsafe food with undeclared allergens and one charge of selling food which was not of the nature, substance, or quality demanded by the purchaser.
Ms Brauner narrowly escaped a custodial sentence due to her early guilty plea. She was fined £1920 and ordered to pay a victim surcharge of £768.
The Magistrates acknowledged the severity of the offences brought before them, highlighting the well documented consequences of neglecting allergen management responsibilities.
Councillor Shiraz Khan, Cabinet Member for Housing, Property, and Regulatory Services, said:
This is a situation that could have had disastrous consequences, which were fortunately avoided.
Our Trading Standards team in securing this prosecution, which serves as a reminder to other businesses that they need to take their allergen management responsibilities seriously.
We will continue to act in the best interests of the people of Derby, who should be able to have confidence in the products they are buying, particularly from local traders.
Should any Derby City based business require allergen management advice, they can contact Trading Standards via the Citizens Advice and Consumer Service helpline.