The ‘sale’ of food with expired ‘use-by’ dates
The Supreme Court has ruled that it is sufficient, for the purposes of a prosecution pursuant to regulation 44(1)(d) of the Food Labelling Regulations 1996, for the prosecution to prove that the defendant had food in its possession for the purpose of sale that was the subject of a mark or label showing a ‘use-by’ date that had passed.
In Torfaen County Borough Council v Douglas Willis Ltd, inspectors from the local authority’s trading standards department visited the respondent company’s premises, where they found a number of packages of frozen meat with ‘use-by’ dates that had passed. Willis, in the business of buying, processing and selling meats, was tried on 23 charges of selling food ‘after the date shown in the use-by date relating to it’ contrary to regulation 44(1)(d) of the Food Labelling Regulations 1996.
The charges were dismissed by Gwent justices. The justices accepted that there was no offence under the regulations, concluding that since the food items were all frozen at the time of the inspection, they were not then ‘highly perishable’ and so did not require a ‘use-by’ date under the regulations. The council appealed by way of case stated, arguing that the prosecution only had to show that Willis was ‘selling’ (within the regulations’ definition) food that was the subject of a ‘use-by’ label displaying a date that had passed…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Infrastructure Act is intended to boost investment in development projects. The practical and commercial implications of the new measures are wideranging.
In Andrew Parissis v Blair Court (St John’s Wood) Management, the judge in the Upper Tribunal (Lands Chamber) provided some useful guidance.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.