Torfaen County Borough Council v Douglas Willis Ltd

Torfaen County Borough Council v Douglas Willis Ltd

To secure a conviction under Regulation 44(1)(d), the prosecution must prove that at the point the food was ready for delivery to the ultimate consumer or caterer, it was highly perishable and required a 'use by' date, that the defendant sold the food after the 'use by' date, and that the label related to the food as required by the regulations. If the food did not require a 'use by' label at the relevant time, no offence is committed under Regulation 44(1)(d), even if such a label is present.

Parties
Appellant: Torfaen County Borough Council; Respondent: Douglas Willis Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2012
Procedural Posture
Appeal by Way of Case Stated (criminal Regulatory) / High Court Appeal From Magistrates' Court
Outcome
Appeal allowed; matter remitted to a different panel of Justices for rehearing.
Legal Topics
Food Labelling, Offences Under Food Safety Act, Interpretation of Regulations, Use by Dates, Strict Liability Offences
Food Law Criminal Law Regulatory Law Food Labelling Offences Under Food Safety Act Interpretation of Regulations Use by Dates Strict Liability Offences

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Parties

Torfaen County Borough Council

Appellant

Douglas Willis Limited

Respondent

Procedural Posture

Appeal by Way of Case Stated (criminal Regulatory) / High Court Appeal From Magistrates' Court

Legal Issues

  1. 1 What must the prosecution prove to secure a conviction under Regulation 44(1)(d) of the Food Labelling Regulations 1996?
  2. 2 Does a 'use by' date cease to have effect if food is frozen after labelling?
  3. 3 Is it an offence to sell food after the 'use by' date if the food did not require such a label?

Ratio Decidendi

To secure a conviction under Regulation 44(1)(d), the prosecution must prove that at the point the food was ready for delivery to the ultimate consumer or caterer, it was highly perishable and required a 'use by' date, that the defendant sold the food after the 'use by' date, and that the label related to the food as required by the regulations. If the food did not require a 'use by' label at the relevant time, no offence is committed under Regulation 44(1)(d), even if such a label is present.

Court Disposition

Appeal allowed; matter remitted to a different panel of Justices for rehearing.

Orders

  • Matter remitted to a different panel of Justices to rehear the case.
  • Parties invited to make submissions in writing as to the form of the order and as to costs.