Running a Business

Introducing an ethical fishmonger – the Sole of Discretion

15 December 2015 - 4:51pm -- Gerry Danby
Sole of Discretion

The Sole of Discretion will create a new supply chain which fairly rewards responsible fishers. Consumers will get fresh, high quality fish despatched or frozen within hours of a catch being landed. Sole of Discretion will put provenance, quality and fairness at the heart of its business model.

Yes, this is a crowdfunding project, but if you care about food and have a conscience it is one you must seriously consider!

Food labelling day – protecting health, providing information

12 December 2014 - 11:14am -- Gerry Danby
Food labels have changed

The milestone for many food producers this month is not Christmas, but 13 December – food labelling day when the food information to consumers (FIC) Regulation (EU) 1169/2011 comes into effect. It’s worth remembering what it’s all about: protecting health and providing information, that’s the stated aim of the FIC, as it appears now to be more affectionately known.

The long awaited new labelling regime seems to be the source of widespread confusion and consternation among food producers and retailers, not to mention restaurants coping with allergen labelling, or at least it is if you believe the trade press. The presence of allergens in food has dominated media coverage, an important change but let’s not overlook the rest.

FSA publish updated Food Law Code of Practice

14 April 2014 - 11:34am -- Gerry Danby
The Food Law Code of Practice (England)

The Food Standards Agency (FSA) publishes four food law codes of practice which are for use by the food authorities in England, Wales, Northern Ireland and Scotland. These are statutory codes of practice which, in England, is issued under section 40 of the Food Safety Act 1990 and the Food Safety and Hygiene (England) Regulations 2013.

Food authorities are required have regard to the relevant code in the discharge of their duties or risk successful challenge to their decisions or actions, and evidence being ruled inadmissible by a court. It is, therefore, essential that food businesses are at least aware of their content in their dealings with local enforcement authorities. The codes for England and Wales have recently been updated and came into force on 6 April 2014, replacing earlier versions dated April 2012.

Website linking - a vexed copyright question resolved

25 February 2014 - 1:27pm -- Gerry Danby
Copyright Artisan Food Law Limited

Does your website contain hypertext links to content available elsewhere on the web?

It has, until now, been a grey area whether including a link on a website to copyright protected content on a third party website was a breach of that copyright. This small but crucial aspect of intellectual property law has recently been the subject of judicial clarification.

Torfaen v Willis - judgement day in 'use by' labelling case

5 August 2013 - 12:27pm -- Gerry Danby
Use By

It is rare for a case on food law to reach the Supreme Court. We have followed closely the case of Torfaen County Borough Council v Douglas Willis Limited which raised a point of law of public importance in relation to 'use by' dates on food and judgement was finally handed down last Wednesday, 31 July 2013.

FAGE v Chobani – a lesson in passing-off and the history of yoghurt

3 April 2013 - 1:31pm -- Gerry Danby
Total Greek strained yoghurt

On 26 March 2013 the High Court handed down judgement in FAGE UK Limited v Chobani UK Limited which proved to be a classic passing-off case, only this time the subject was yoghurt. The question before the High Court was whether the phrase ‘Greek yoghurt’ carried sufficient reputation and goodwill as a distinctive yoghurt made in Greece to warrant protection. Whilst the production of yoghurt can be traced back some 15,000 years, FAGE was undoubtedly assisted by the fact that all yoghurt sold in the UK during the last 25 years labelled ‘Greek yoghurt’ was strained yoghurt made in Greece.

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