Further to the article posted to this website on March 5th 2020, the High Court confirmed in its Judgement on 6th April 2020, that it is a criminal offence for food items to be offered for sale to consumers after the expiration of the ‘use by date’.

Tim Thompson of Kangs Solicitors comments on the ruling.

The Background | Environmental Health Defence Solicitors

Following the Ruling of the District Judge set out in our previous article, Tesco applied for Judicial Review of the Judge’s decision and such Application was granted

The Law | Kangs Food Law Solicitors

Regulation 178/2002 (Schedule 2 of The Food Safety and Hygiene (England) Regulations 2013)

  • Article 14(1): states that there is a requirement that unsafe food must not be placed on the market
  • Regulation 19:  creates a criminal offence and a person who is found guilty is liable:

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.

The High Court Judgement | Kangs Food Hygiene Solicitors

At the Queen’s Bench Division of the High Court the Judge ruled that there is an obligation:

 ‘to label highly perishable foods with a use by date and, when that date is passed, that food is “unsafe” such that it cannot be displayed for sale or otherwise placed on the market; and that “unsafety”, being essentially a question of definition, cannot be controverted by evidence that, by reference to some other safety criteria, the food is “safe”. Such food may be relabelled, if it is reassessed for risk; but, whilst any such process is proceeding, the food cannot be placed on display or otherwise “held for sale”’.

How Can We Assist You? | Kangs Criminal Defence Solicitors

The team at Kangs Solicitors extensive experience in defending investigations and prosecution in respect of Food Safety, Food Hygiene and Environmental Health at all levels.

If you require advice on any area of Food Safety, Food Hygiene or Environmental Health, Law, then please do not hesitate to contact our team through any of the following:  

Hamraj Kang
07976 258171 | 020 7936 6396 | 0121 449 9888

Suki Randhawa
0121 449 9888 | 020 7936 6396 | 07989 521210

John Veale
0121 449 9888 | 07989 521210

Tim Thompson
020 7936 6396 | 0121 449 9888