Food Safety Act 1990

The Food Labelling Regulations 1996

Sale Of 'Out Of Date' Food

Warning to suppliers of food!

The sale of food, or offer for sale of food which is beyond its 'Use by date' or 'Best before' date could lead to prosecution or other action being taken by the Trading Standards Division against retailers, wholesalers or other suppliers.

Minimum Durability Indications

The Food Labelling Regulations 1996 require foodstuffs to be marked with either a 'best before' date or a 'use by' date. This is to indicate how long the food will keep before the quality of the food deteriorates and becomes unacceptable or even a danger to human health.
The 'use by' date is particularly important as it will be used by packers of food which has a short 'shelf-life' after which the food could pose an immediate danger to human health.

Criminal Offences

• It is a criminal offence to sell, or have in possession for sale or have food on display for sale which is past its  'use by' date (You cannot legally sell these highly perishable foods at a reduced price).
• It is a criminal offence to either conceal or alter the date marking on food.
• If food is sold which is not of an acceptable quality, even though it may not pose an immediate danger to human  health, offences may still be committed by the retailer or other supplier. It is likely that a retailer would be held  responsible for such an offence if the food was being sold beyond any date mark, including a 'best before' date.
• Special provisions apply to eggs. It is an offence to sell, or have in possession for sale eggs within 7 days of their  'best before' date. This is because the law requires that the consumer must have seven days to consume the  eggs, at their best, eg. If the 'best before' date is 8th January the eggs must not be retailed after 1st  January.

Notes

It is advisable to bring to the buyers attention any food, still for sale, which has past its 'best before' date by marking the food with a notice stating 'past best before date'. This does not prevent the retailer from prosecution should the food not be of an acceptable quality.