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"Unsafe food" and "use by" dates.

Re: "Unsafe food" and "use by" dates.

Postby atticus » Wed Jun 07, 2017 2:46 pm

EC 1169/2011, Art 24, para 1: "...After the 'use by' date a food shall be deemed to be unsafe in accordance with Article 14(2) to (5) of Regulation EC No 178/2002".

EC 178/2002, Art 14 para 1 provides that food shall not be placed on the market if it is unsafe. Paragraphs 2 to 5 set out criteria for determining whether food is unsafe.

EC 1169/2011 has therefore, in the deeming provision, added a further ground of such determination. That regulation is not, therefore, limited to matters of labelling. It says that food that is past its use by date is unsafe, and should therefore not be put on the market.
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Wed Jun 07, 2017 2:55 pm

And the foregoing shows why the venture described in the first post is in breach of the law and risks prosecution.
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Wed Jun 07, 2017 8:14 pm

atticus wrote:EC 1169/2011 has therefore, in the deeming provision, added a further ground of such determination.


No, it has not. The grounds for determination remain as set out in Regulation EC No 178/2002. After the use by date, the food is not determined to have met the grounds, only deemed to.
The labelling is to indicate that, in the judgement of the labeller the goods will have met that determination after the use by date.
Clearly that is a matter of judgement and it is reasonable to err on the side of caution, but if the foodstuff is something that is very unlikely to have met those grounds then it has been mislabelled.

This is the entire point of the Regulations: so that we can believe what it says on the tin. In the case of use by dates, very often we cannot.
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Thu Jun 08, 2017 4:39 pm

There are two relevant questions here:
1) Did he do wrong?
2) Did he break the law?

I will argue that the answer to (1) is unequivocally no, and therefore if the prosecution is successful, then the law is wrong.
I suggest however, that the law is right, it just has not been applied properly.
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Thu Jun 08, 2017 6:38 pm

What, in your view, would be a "proper" application of the law?
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Thu Jun 08, 2017 8:28 pm

Enforce the regulations so that use by dates give an accurate indication of the state of the food. In order that consumers can make an informed choice.
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Fri Oct 20, 2017 1:56 pm

They accepted a caution and a £400 fine.

https://www.crowdfunder.co.uk/the-real- ... ect-leeds/
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Fri Oct 20, 2017 3:43 pm

Showing that they deemed their position to be indefensible.
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Fri Oct 20, 2017 5:18 pm

No, just a lot less effort to pay the fine.
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Fri Oct 20, 2017 6:09 pm

Your link calls their ability to pay into question.
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