Goods out of date

[rabseenesbit]

I have just been for a meal. After being served 2 half pints of flat lager, I was offered the next alternative which was bottled. I was charged �2.75 a bottle. On the neck of the bottle (Grolsch) there was a date of 06 March 06. I pointed this out to the restauranteur who told me that he'd only just got them from the wholesalers and that the date on the neck didn't mean the 'use by' date, it would be alright to drink for at least a couple of years after that date. Should I be getting in touch with Trading Standards or is he correct. I'm thinking that the word 'mug' isn't going to scrub off of my forehead too soon.

[dzug]

Some beers certainly have the date of brewing on the bottle rather than a use by date. Whether Grolsch is one of them I've no idea.

I'd go and have a close look at one in a supermarket first just in case..

[kempie]

There's a distinction between a 'best before' date and a 'sell by' date (the latest date by which goods must be sold).

If you wish to report the restaurant to the trading standards department of your local authority, you'll find the appropriate TSO here...

http://www.tradingstandards.gov.uk/

Trading standards may decide to investigate and, if appropriate, prosecute the restaurant.

[Buenchico]

(2-part post):

The answer to this question might be different here in the 'Law' section, to the one in 'Food and Drink'!

I'll try to explain:
It's illegal to sell any food product (including drinks) after a 'Use By' date. In fact, it's illegal even to give them away to your staff after that date. That's because a 'Use By' date is an indication that there might be health risks associated with consuming the product after that date.

It's not illegal however (under health & safety legislation) to sell a product after a 'Best Before' date. This is because the date is simply an indication that the quality of the product might start to deteriorate after the date shown(but without any risk to health). That's why you'll find many market traders and 'discount shops' selling outdated goods perfecly legally.

[Buenchico]

So, if you'd posted this question in 'Food & Drink' and asked whether there would be any problem with drinking a bottle of Grolsch which is a few months out of date, you would probably have received lots of replies telling you that lager doesn't really start to deteriorate until at least a year (and possibly much longer) after the 'Best Before' date. (Breweries, like all food manufacturers tend to assume a 'worst case' scenario, e.g. the date will assume that the product has been stored at tropical temperatures). Basically, therefore, you would have found support for the restaurant owner's viewpoint.

However, you didn't ask your question in F&D, you've asked about the law. As stated, the restaurant owner hasn't broken any food safety laws. However, if you asked for a bottle of Grolsch, it could be argued that, implicitly, you were actually ordering an 'in-date' bottle of Grolsch and that, by serving you an 'out-of-date' bottle, the restaurant owner was not fulfilling his part of the contract between you and him. That would be a civil law offence (i.e. you'd have the right to sue) and there could be arguments, under trading laws, suggesting that it might be a criminal offence. However, I couldn't see any trading standards department attempting to pursue such a case.

Chris

PS: I've managed, or worked in, many bars. I must have served thousands of out-of-date bottles of drink. I just had the good sense to ensure that the customers never saw the labels ;-)

[Loosehead]

All good stuff above.

Another point, most of these places have got no clue about stock rotation, time and again you see them putting new stock at the front of the shelves, how will the ones at the back ever get sold? Anyway they got an old one out because they have no idea and he gave you some bull about the supplier. The supplier would not remain a supplier very long if they did not know how to rotate stock. You do not have to accept anything you are not happy with. For example I have on many occasions refused to take a bottle beer because it's warm, ie some numpty has put them at the front of the fridge.

Chris I have also worked in bars years ago and the manager would have my goolies in the vice if I sold a bottle out of sequence, is it common place nowdays to ignore stock rotation?

[SizzleSquid]

buenchico--ure so dreamily intelligent! lol