More than one million chocolate bars were recalled

Herefordshire Council has summonsed the firm over the state of its factory near Leominster where the bars originated.

It comes on the day Cadbury is in court in Birmingham charged with three offences under food and hygiene laws.

Birmingham City Council alleged the firm put "unsafe" chocolate on the market for a period in 2006.

The bars were the likely cause of an outbreak affecting 30 people, the Health Protection Agency said.

Cadbury's �30m bill

Birmingham City Council announced in April it would prosecute the company.

The council is responsible for enforcing health and safety laws at Cadbury's plant in Bournville, where the chocolate-making process is completed.

The company said the bill for dealing with the contamination may reach �30m.

Herefordshire Council's prosecution relates to environmental health charges.

Two years' imprisonment

These include not keeping a drainage pipe and roof vents in good repair, not permitting adequate cleaning of the premises, inadequate drainage facilities, and not carrying out proper cleaning of the conveyors or storage silos.

Each of the six offences carries a maximum penalty of an unlimited fine and/or two years' imprisonment.

The company will be summoned to appear before Herefordshire Magistrates on Tuesday, 24 July.

It follows an investigation by Herefordshire Council which took almost a year to complete.