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"Unsafe food" and "use by" dates.

"Unsafe food" and "use by" dates.

Postby Hairyloon » Mon Jun 05, 2017 7:48 pm

There is a project near here that aims to cut down on food waste by feeding it to people.
The proprietor has just accepted a caution from the local Trading Standards people for trading in "unsafe food": stuff past its "use by" date.

They have cited Regulation 19(1) of The Food Safety and Hygiene (England) Regulations 2013 and Article 24 of EC 1169/2011.

The latter seems to be about labelling, and I'm not spotting which part of the former is supposed to apply. :?
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Mon Jun 05, 2017 8:12 pm

Read the second sentence of paragraph 1 of Article 24.
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Mon Jun 05, 2017 9:00 pm

atticus wrote:Read the second sentence of paragraph 1 of Article 24.

This bit:
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.


And from that:
Article 14
Food safety requirements
1. Food shall not be placed on the market if it is unsafe.
2. Food shall be deemed to be unsafe if it is considered to be:
(a) injurious to health;
(b) unfit for human consumption.
3. In determining whether any food is unsafe, regard shall be had:
(a) to the normal conditions of use of the food by the consumer and at each stage of production, processing and distribution, and
(b) to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods.
4. In determining whether any food is injurious to health, regard shall be had:
(a) not only to the probable immediate and/or short-term and/or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;
(b) to the probable cumulative toxic effects;
(c) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers.
5. In determining whether any food is unfit for human consumption, regard shall be had to whether the food is unacceptable for human consumption according to its intended use, for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay...


Isn't the meaning of "deemed" quite specific: along the lines of "assumed until shown to be wrong"?
Thus food past its use by date is assumed to be unsafe until checked as safe by a competent analyst.

Also, is something "on the market" if it is offered for free?
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Mon Jun 05, 2017 9:10 pm

No. "Deemed" has a stronger meaning. It means "judged". It is not a rebuttable presumption.

As a matter of linguistic interest, Manx High Court judges are called Deemsters. I think that indicates the archaic root of "deem".
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Mon Jun 05, 2017 9:14 pm

Is "pay as you feel" free?
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Mon Jun 05, 2017 9:46 pm

atticus wrote:Is "pay as you feel" free?

If that is how you feel, then yes.
Otherwise, I would argue that you are paying for the service that they are providing, of supplying food that is free for the taking.

If it is still on the market even if free, then the point is moot, else there is probably a way to make it fit.
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Re: "Unsafe food" and "use by" dates.

Postby dls » Tue Jun 06, 2017 4:58 am

Of course there is the possibility that this unthought through jest will tempt somebody to a test prosecution.
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Tue Jun 06, 2017 9:36 am

atticus wrote:No. "Deemed" has a stronger meaning. It means "judged". It is not a rebuttable presumption.

It absolutely is in the field of microgeneration: it is the very basis of the export payments. I'm not finding the word defined in any interpretation section: in the absence of that, who and how is the meaning of a word to be determined?

As a matter of linguistic interest, Manx High Court judges are called Deemsters. I think that indicates the archaic root of "deem".

Thank you, that is interesting, but as I recall, the Manx courts are a thousand years older than the English ones, and linguistic drift makes your point non-conclusive.

dls wrote:Of course there is the possibility that this unthought through jest will tempt somebody to a test prosecution.

Which bit do you see as jest?
I think a test prosecution could be the way forward: if he has broken the law, then the public ought to be up in arms about his prosecution, and if he has not, then that point ought to be demonstrated and made clear.
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Re: "Unsafe food" and "use by" dates.

Postby atticus » Tue Jun 06, 2017 10:02 am

OED definition of deem: "regard or consider in a specified way".
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Re: "Unsafe food" and "use by" dates.

Postby Hairyloon » Tue Jun 06, 2017 10:07 am

What in that definition makes it unrebuttable?
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