Source: All England Reporter
Publisher Citation: [2013] All ER (D) 385 (Jul)
Neutral Citation: [2013] UKSC 59
Court: Supreme Court

Lady Hale DP, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Toulson SCJJ

Representation Jonathan Kirk QC and Iain MacDonald (instructed by Chief Legal Officer and Monitoring Officer, Torfaen County Borough Council) for the authority.
  The company did not appear and was not represented.
Judgment Dates: 31 July 2013


Food and drugs - Food safety - Offences - Food labelling - Local authority laying information charging respondent company with breaches of food labelling regulations - Justices deciding company having no case to answer - Authority appealing to Divisional Court by way of case stated - Divisional Court certifying case involving point of law of general importance - Supreme Court granting permission for hearing of appeal - Whether statutory offence requiring prosecution to prove that food was, at the time of the offence, highly perishable and likely after short period to constitute immediate danger to human health - Food Labelling Regulations 1996, , s 44(1)(d).

The Case

Food and drugs Food safety. The Supreme Court ruled on an appeal by way of case stated from the Divisional Court concerning the offence of selling food after the date shown in a 'use by' date as set out in s 44(1)(d) of the Food Labelling Regulations 1996, . The Court decided that under that provision, it was sufficient for the prosecution to prove that the defendant had food in its possession for the purpose of sale which had been the subject of a mark or label showing a 'use by' date which had passed. Accordingly, the case would be remitted to a different panel of justices for a rehearing.

Practice Areas

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