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Posted By Richard
All,
1)My company would like to give choclate which is past the sell by date. Is this allowed? i personally do not wish to do this.
2)We are receiving bread from a bakery which is packaged up without use by dates, should they have the date attached?
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Rank: Guest
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Posted By Mark J. Jones
Most pre-packed foods carry either a 'Use By' or 'Best Before' date.
Its worth pointing out that 'Use By' dates are for highly perishable foods - those that 'go off' quite quickly. It is illegal to sell or possess for sale food past its 'Use By' date, whatever its condition.
'Best Before' dates are for foods with a longer life and indicate how long the food will be at its best quality. Although it is not necessarily an offence to sell or possess for sale food past its 'Best Before' date, it is poor practice and may also be an offence if the food is found to be unfit or it does not meet food safety requirements.
I believe that 'Sell By' dates were introduced as a guide to when foods should be taken off display for sale and may be used in conjunction with either a 'Use By' date or a 'Best Before' date. If a food displays a 'Sell By' date it will usually be an earlier date than the 'Use By' or 'Best Before' date displayed on the same food item.
I would expect chocolate to have a 'Best Before' date and it would not be an offence to sell it or possess it for sale if it is fit for human consumption and meets food safety requirements. The fact that it is to be gifted would indicate that it is not for sale or possessed for sale but you should contact your local Trading Standards Department (at local authority) for advice.
Bread usually has a 'Best Before' date and not a 'Use By' date if labelled, as of course loose bread from a bakery is not dated. It might be that if bread is packaged it should be labelled with a 'Best Before' date. Again, your local Trading Standards Department should be able to advise as they enforce food labelling legislation in the UK.
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Rank: Guest
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Posted By Bill Elliott
Sell by - is a term used by retailers to aid stock rotation and should not be confused with the legal requirements of the Food Labelling Regulations as Mark has indicated. I tend to disagree though, with his statement about "sell". Money does not have to change hands, a food item of this nature will be deemed to have been sold even if it was a gifted. Such food items would have to comply and have CURRENT and in date best before and/or use by dates or an offence will have been committed.
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Rank: Guest
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Posted By Mark J. Jones
If food is gifted in furtherance of a commercial operation, it would be seen to be within the definition of 'sale' as defined within the Food Safety Act 1990 and therefore would also apply to the Food labelling Regulations. Definitely a question for your local Trading Standards Department as they are the enforcing body for the Food Labelling Regulations 1996.
It is not an offence to sell or possess for sale food with an expired 'Best Before' date unless the food is also found to be unfit or not meet food safety requirements.
It is only a strict offence to sell or possess food for sale with an expired 'Use By' date (Section 44, Food Labelling Regulations 1996).
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