Is it legal to sell food items past "best before" date
My company is working on a project to procure packaged food items which are either damaged during logistics or about to reach their "best before" dates, and sell them online at heavy discount.
My question is whether it is legal to do such transactions if the customers are fully informed about the possible quality loss of products and if yes then what are the legal liabilities for my company??
Asked 4 years ago in Business Law from Delhi, Delhi
it is a good marketing idea . full and fair disclosure has to be made before sale of goods . other wise you will find your customer dragging you to consumer forum
you will have to make a full disclosure
Advocate, New Delhi
Thankyou Mr Sethi and Mr Bari for your responses..
Further I want to know if there are certain exceptions like infant food, alcohol etc.
Also I would be grateful if you could provide me contact details of a Delhi based lawyer practicing in food safety issues, with whom I could consult further regarding legal formalities and necessary precautions for my business.
Asked 4 years ago
i agree with experts.
you have to search through google
Advocate, New Delhi
there are number of lawyers on this website from new Delhi . you can contact them for further information . under no circumstances sell damaged infant food /alcohol etc .
in the event after consumption of these damaged products any person dies your company will be blamed for selling such damaged products . instead of selling packaged food items it would be better if you sell clothes , furniture etc that have been damaged .
As long as you make a full and fair disclosure of the date of expiry of the product you have the right to carry on your business by executing this idea. The law of the land demands that people should be made aware of what they are going to purchase and consume.
As a word of caution, you should bear in mind that you can be prosecuted under criminal law if any infant or adult dies or falls ill due to consumption of a product sold by you irrespective of a complete quality disclosure made in advance. So executing this idea is fraught with an inevitable risk of multiple law suits being filed against you all over India. Sell goods which are not FMCG in nature.
There are many Delhi based lawyers on this site. You may avail the professional services of any of them.