R (on the application of TESCO STORES LTD) (Claimant) v BIRMINGHAM MAGISTRATES’ COURT (Defendant) & BIRMINGHAM CITY COUNCIL (Interested Party) (2020)

6 April 2020

[2020] EWHC 799 (Admin)

DC (Hickinbottom LJ, Swift J)

It was a criminal offence for a shop to offer food for sale after its labelled use by date. The words “deemed to be unsafe” in Regulation 1169/2011 art.24 created an irrebuttable presumption that food placed on the market with an expired use by date was “unsafe” for the purposes of Regulation 179/2002 art.14.

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