Day 100 - 09 Mar 95 - Page 40


     
     1        check it will be rejected by McDonald's."   It is not true,
     2        is it?
     3        A.  Well, it is true, yes.
     4
     5   Q.   On the checks, the 36 checks, specified by McKey's when
     6        meat arrives, if they find something that arrives outside
     7        of their specifications, it is automatically rejected?
     8        A.  Yes.  If you look at the checks, I think you need to
     9        look at the -----
    10
    11   Q.   And McDonald's would not want to touch it?
    12        A.  You will need to look at the list of checks alongside
    13        this document to see what you are talking about.
    14
    15   Q.   I was going to ask you.   I only want to refer to a couple
    16        of them anyway.  So, it is not true, is it, that meat
    17        arriving at four degrees, over four degrees, is rejected by
    18        McKey's, is it?
    19        A.  Well, it is true, yes.  If meat arrives outside -- I am
    20        not sure if it is four or five degrees -----
    21
    22   Q.   Their specification is four degrees?
    23        A.  OK, well, if it falls outside their specification they
    24        will reject it.
    25
    26   Q.   What about if they find out that there is a count higher
    27        than 10,000,000?
    28
    29   MR. JUSTICE BELL:  I think we ought to look -- I appreciate it
    30        may lengthen matters -- at the list which has the 36 on it,
    31        then you can put to him, because that appears to me to be
    32        what the MacFact card is referring to.
    33
    34   MR. MORRIS:  Mr. Kenny, you have your list of checks, have you,
    35        at the back of your statement?
    36        A.  Yes, I have it out.
    37
    38   Q.   You can have them out.  That is fine.
    39
    40   MR. JUSTICE BELL:  You have appendix 1 or A, have you?
    41        A.  Yes, I have it.
    42
    43   MR. MORRIS:  So if, for example, on No. 2 the meat arrives over
    44        four degrees, which is their specification, it will be
    45        rejected?
    46        A.  Definitely, yes.
    47
    48   Q.   If meat arrives, we have heard -- I think it was yesterday
    49         -- with over 5,000,000 bacterial count, it will be
    50        rejected? 
    51        A.  That is not wholly accurate, what you have just said, 
    52        no. 
    53
    54   Q.   It will not be rejected?
    55        A.  There is a possibility that it may not be rejected.
    56        That is an internal McKey specification.  If you look at
    57        the list of checks to which the Fact leaflet refers, it
    58        actually refers to microbiological analysis.  It does not
    59        say if it fails McKey's internal coding structure; it says
    60        if it fails the microbiological analysis.  So, they are not

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