Richard Barraclough QC on Food Safety

The full Divisional Court sitting in Birmingham has reserved judgment in the case of BIRMINGHAM CITY COUNCIL v TESCO STORES LIMITED concerning “use by” dates and the relationship of European Regulation 1169/2011 Article 24 and Article 14 of Regulation 178/2002. Article 14 provides that food shall not be placed on the market if it is unsafe. Food is deemed to be unsafe if it is considered to be injurious to health or unfit for human consumption. Article 24 provides that “In the case of foods which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health…After the ‘use by’ date a food shall be deemed to be unsafe in accordance with…” Article 14. The issue is whether the deeming provision creates a rebuttable presumption or whether it is conclusive as to the issue of safety.

Richard Barraclough QC appeared for the prosecuting food authority.

Richard Barraclough QC has just completed the prosecution at the Central Criminal Court of a food supplement case concerning Dinitrophenol (DNP) which caused the death of a young anorexic. The defendant was convicted of gross negligence manslaughter and sentenced to 7 years imprisonment.

Related areas

Related people

Richard Barraclough KC

Richard Barraclough KC

Call: 1980 Silk: 2003

Featured insights

Stages of Money Laundering explained
What happens if you drive without a licence?
What are the penalties for Benefit Fraud?

Contact Us

Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.

Contact Us

St Pauls Chambers
Park Row House
19-20 Park Row
Leeds
LS1 5JF

For out of hours assistance please call the senior clerk on 07854170429.

The switchboard will open from 08:30 until 17:30

Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]

Legal 500 UK leading set 2023

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)