Asda and use-by dates - a good thing or not?

[gyzmo]

My mother purchased 3 packs of bacon the other day from the local Asda store. when she got home she noticed one of them was 3 weeks past it's use-by date (she never has listened to me about checking such things before buying them, but there you go).

First phone call to Asda resulted in someone saying that they could only apologise, and if my mother came in-store, she might get a £5.00 voucher. My mother was livid (it would have cost her about £3.00 just to get to the store) and promptly informed Consumer Direct of the issue.

An hour later, a manager from Asda phoned up and arranged to come to my mothers house to :

1: Replace ALL the bacon with new packs AND
2: Refund the cost of the bacon AND
3: Hand over a £20 gift voucher.

Not bad really - I don't think Consumer Dircet had anything to do with this as they do not act so quickly. But I just wonder if Asda's actions are as altruistic as it appears....

A couple of months ago, Trading Standards carried out several test purchases at a couple of Asda and Morrisons stores. In the end, Asda pleaded guilty to some 50 odd charges of selling food contrary to Food Hygiene Regs (under the Food Safety Act), and this was after the prosecution agreed to dropping another hundred or so charges. Asda was fined nearly £100 000.

So what do you think? did the Asda manager think:
"ah! Poor dear! That shouldn't have happened to a loyal customer. Lets make her happy" or did he think:

"Oh Sh**e - if this old bag starts moaning to those Trading Standards B*****ds they could be down here like flies round s**t - and think of the paperwork! Lets try to shut her up. And get staff to get rid of all of taht crap in the reduced section quick!".

[Trojan1401]

Oh what a cynic Gyzmo..........but spot on in your last para !!!

[chocolatte]

I agree with Trojen

[gyzmo]

Cynical? Me? Nah!

[demon_x_slash]

Yep, it would have been the fear of getting the HSE involved - look how much Cadbury's were fined recently for a breach of health rules...

[blitz]

I guess the manager would have gone down to the floor and noticed a few more packets as well out of date, if hes acted that quickly.

[patdavies]

Originally Posted by demon_x_slash

Yep, it would have been the fear of getting the HSE involved - look how much Cadbury's were fined recently for a breach of health rules...

I would rather think that it was Environmental Health rather then HSE

[demon_x_slash]

My bad, that's where speed-posting gets you

[Bookworm]

Originally Posted by demon_x_slash

My bad, that's where speed-posting gets you

Is that like speed-dating, but even less fun?

[demon_x_slash]

Like speed dating, but your fingers definitely get more work-out posting

[Marconi]

You must remember we are all human and humans do make mistakes. If it was a single pack then, yes they do get stuck at the back and underneath other packs. It is easy to miss a single pack that has a short date on it during very busy times (Thursday through Saturday). I think your points are a bit of both cases. Good will toward the customer, a warning or even a written warning to the member of staff responsible for the provisions and the department supervisor/manager. But just think how many people if they open their fridge and/or freezer at home has goods past there use by date! Very few people throw it out if it looks and smells ok and it has been kept in the recommended conditions!

[patdavies]

Originally Posted by Marconi

But just think how many people if they open their fridge and/or freezer at home has goods past there use by date! Very few people throw it out if it looks and smells ok and it has been kept in the recommended conditions!

This is irrelevant and not in any way mitigation of the issue.

It is a criminal offence to sell beyond date

[gyzmo]

Thank you Pat - I was just about to post the same.
A person may in their own home keep whatever food for whatever time they wish. A food seller may not.

[Yyates]

Originally Posted by Marconi

You must remember we are all human and humans do make mistakes. If it was a single pack then, yes they do get stuck at the back and underneath other packs. It is easy to miss a single pack that has a short date on it during very busy times (Thursday through Saturday). I think your points are a bit of both cases. Good will toward the customer, a warning or even a written warning to the member of staff responsible for the provisions and the department supervisor/manager. But just think how many people if they open their fridge and/or freezer at home has goods past there use by date! Very few people throw it out if it looks and smells ok and it has been kept in the recommended conditions!

I used to work in a supermarket. All food is supposed to be rotated, back comes to the front new dates go to the back, even in the freezers. You are also supposed to check the dates as you're putting the good out. Someone has obviously not been doing their job correctly. Similar thing, prices are not to be changed on the shop floor to an increase, it has to be sold at the price shown unless it is reduced. If caught not only company is fined but also the worker doing the Price change.

[Yyates]

Originally Posted by patdavies

This is irrelevant and not in any way mitigation of the issue.

It is a criminal offence to sell beyond date

BBC NEWS | Business | Out-of-date food in UK supermarkets

It is NOT illegal to sell food which is past its sell by date.

[Bookworm]

Originally Posted by Yyates

It is NOT illegal to sell food which is past its sell by date.

Yes, it is.

Food Safety Act 1990

The Food Labelling Regulations 1996

Sale Of 'Out Of Date' 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.

Incidentally the use of the term Sell By is no longer a legal term being replaced by Use By dates in the 1980's.