Day 099 - 08 Mar 95 - Page 22


     
     1        than 25 per cent of frozen samples analysed on a monthly
     2        basis may exceed a million per gramme and none", it says,
     3         "may exceed 10,000,000 per gramme" which is 10 to the 7,
     4        is it not?
     5        A.  That is right, yes.
     6
     7   Q.   Or, if you like, 10 x 10 to the 6; is that right?
     8        A.  Yes, you can put it like that, if you wanted to.
     9
    10   Q.   Now, please turn to -- this is beef; I am sorry about it,
    11        if you keep both files open at once, it would be very
    12        helpful -- tab 2 of your appendices, that is B?
    13        A.  Yes.
    14
    15   Q.   Here we have something which we know to be McKey's own
    16        microbiological guidelines.
    17        A.  Yes.
    18
    19   Q.   What it says is this in the first two parts:  "The raw
    20        material microbiological standards listed in the 'McKey
    21        Boneless Beef Specification' are as follows:  Satisfactory
    22         - total colony count less than 500,000"; is that right?
    23        A.  Yes.
    24
    25   Q.   "Passable - from 500,000 to 5,000,000"?
    26        A.  Yes.
    27
    28   Q.   "Unsatisfactory - greater than 5,000,000"?
    29        A.  Yes.
    30
    31   Q.   Do you know why it is that McKey sets a category of
    32        "unsatisfactory" at more than 5,000,000 when your
    33        specification says that 10,000,000 is the limit?
    34        A.  Well, obviously McKey's do not want to produce any
    35        product that they are going to have to reject, so they work
    36        to tighter guidelines.  That is the specification on the
    37        raw material coming in.  If they are sure that the raw
    38        material coming in is that low, then they know that through
    39        the process there is going to be no multiplication and that
    40        they will then meet, more than meet, our specifications.
    41
    42   Q.   Do they also test the finished product, do you know?
    43        A.  They do, yes.
    44
    45   Q.   We will look at some of their results in a moment as well
    46        as at Sun Valley's, Mr. Kenny.  Just looking down at the
    47        bottom of that page -----
    48
    49   MR. JUSTICE BELL:  Could I just pause there?  So their
    50        5,000,000, as opposed to your 10,000,000, their 
    51        microbiological guidelines starts off:  "The raw material 
    52        microbiological standards", but when they test the finished 
    53        product are they testing to their standards still or on to
    54        yours by then?
    55        A.  They would be on to ours by then.  We obviously lay
    56        down specifications of McKey's, being our supplier.
    57        McKey's then lay down specification of their raw material
    58        suppliers.
    59
    60   MR. RAMPTON:  I see.  On the basis that there may be some

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