Day 068 - 16 Dec 94 - Page 38
1 20 per cent. What he has done is given reasons why he
2 would say, although he has not seen the other 20 per cent,
3 frozen beef is not used in them. You may or may not choose
4 to challenge his reasoning: the fact that they have no
5 facilities for thawing; that if they thaw out, they have to
6 freeze it again at the end of the day, because the patties
7 have to be frozen, and that affects the quality of the
8 patty in various ways; and they have not got the machinery,
9 so far as he is aware, to do it all while keeping it
10 frozen. Those are basically his three reasons.
11
12 MR. MORRIS: So what you are saying about frozen beef does not
13 just apply to the minimum 50 per cent lean, boneless beef
14 specifications on page 20; it would also apply, would it,
15 to lean, boneless beef 75 to 95 per cent?
16 A. No. For this particular specification, the 75 to
17 95 per cent lean, boneless beef, we use this potentially --
18 let me make it clear, we use this specification globally --
19 could be used as a source of raw materials.
20
21 Q. In America?
22 A. Frozen.
23
24 Q. Frozen?
25 A. In America, globally.
26
27 Q. Right.
28 A. There is, if you let me find it, a section that says
29 that limits the amount of frozen meat, of lean meat 75 to
30 90 per cent lean, boneless meat that can be used.
31
32 MR. MORRIS: If you can find it, I would appreciate it.
33
34 MR. JUSTICE BELL: If you look on page 21, section B, line 3.
35
36 MR. MORRIS: This is the international specification.
37 A. I must say that there are some missing pages.
38
39 MR. RAMPTON: My Lord, yes, that is undoubtedly right. There
40 are missing pages. The reason, your Lordship may recall,
41 is that we disclosed only those parts of the specification
42 which were relevant to the issues in this case, for the
43 perfectly obvious reason that, by and large, the
44 specification is commercially sensitive information. So
45 the exact proportions, and so on and so forth, and methods
46 of construction, or whatever it is called,
47 composition -----
48
49 MR. JUSTICE BELL: I am not quite sure where we are going at the
50 moment, because it is quite clear from the pages we have,
51 and if one looks at page 22, item 12, for instance -----
52
53 MR. RAMPTON: My Lord, I am not sure it helps, because that is
54 the international.
55
56 MR. JUSTICE BELL: It may be. But it would appear at the moment
57 that there is not anything in either the US patty
58 specification or the international patty specification
59 which specifically bars the use of frozen beef. Maybe it
60 is on a page we do not have. But the thrust of Dr. Gomez'
