Torfaen County Borough Council v Douglas Willis Limited [2013] UKSC 59 - 44(1)(d) FLR 1996.
- interpretation – ordinary English - meaning of “relating to”.
1) no requirement that food must be in a highly perishable state at time of offence alleging that its “use by” date has expired.
2) (on a literal interpretation) no requirement for P to show that food which had an expired “use by” date was required to be marked with such a date.
3) (on a contextual interpretation) no requirement for P to show that food which had an expired “use by” date was required to be marked with such a date.
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Related case digests
- Torfaen County Borough Council v Douglas Willis Limited [2012] EWHC 296 (Admin) – reg 44(1)(a) and 44(1)(d) FLR 1996.
[Appeal against this decision allowed in Supreme Court]. 1) requirement in reg 44(1)(a) to mark food with a “use by” date only applies once the food is ready for delivery to the ultimate consumer or to a catering establishment and if the food at that time is “highly perishable”. 2) if “highly perishable” food is marked with a “use by” date, as required, and subsequently frozen and sold without a “use by” date it would be an offence under reg 44(1)(a). 3) frozen food is not “highly perishable” and hence does not require a “use by” date. - any “use by” label attached to such frozen food would not “relate” to it and if such food were sold after the use by date expired it would not constitute an offence under reg 44(1)(d). 4) existence of a “use by” label on food is prima facie evidence that the food, at the time it was ready for delivery to the ultimate consumer or caterer, was “highly perishable” and hence required such label. 5) if food requires a “use by” label at the point at which it is ready for delivery to the ultimate consumer or caterer, then it must be labelled with a “use by” date at that point. - if the food is subsequently frozen, it does not cease to require to have a “use by” label attached to it. - if such food is subsequently sold (within the definition in reg 2) after the “use by” date, there will be an offence under reg 44(1)(d).