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04 APR 2012

Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin)

Crime – food safety – labelling – consumer protection

To commit the offence of selling food after its ‘use by’ date, the food needed to be ‘highly perishable’ and past the ‘use by’ date at the point of sale. 
20 February 2012
Administrative Court
Aikens LJ; Maddison J
On appeal from Gwent Magistrates Court
Torfaen County Borough Council (T) appealed by way of case stated that the food processing company Douglas Willis Ltd (D) had no case to answer in relation to a charge that it had sold food after its ‘use by’ date, contrary to regulation 44(1)(d) of the Food Labelling Regulations 1996. D had been inspected and been found with frozen meat items which lead the magistrates conclude that the meat was not ‘highly perishable’, and so did not need a ‘use by’ label.

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