THE owners of a Blackburn store that failed to improve its sell-by-date procedures has been convicted of selling out-of-date chicken burgers.

Somerfield Stores Ltd, trading as Kwik Save, was fined £500 and ordered to pay £2,500 costs by Blackburn magistrates.

The prosecution was brought by Blackburn with Darwen Borough Council and the head of trading standards Chris Allen, welcomed the conviction which, he said, should serve as a warning to other shopkeepers.

"Use-by-dates were introduced as a valuable means of protecting the public from potentially serious food poisoning," said Mr Allen.

"Had the company taken steps to ensure that its checking procedures had been correctly implemented and followed, then this case would not have been brought. It is the company's failure to make improvements, following advice given, that brought about the conviction.

"I would advise all businesses that sell such food to ensure they have adequate, effective procedures in place to prevent out-of-date food being served," he added.

He explained that under the Food Labelling Regulations 1996, pre-packed food has to be marked with either a use-by or a best-before date. Use-by dates are used for foodstuffs that have a short shelf life and which, from a microbiological point of view, are likely to be harmful to health if consumed after the use-by date.

Meat products, such as chicken burgers, are a good example of such a product. The law makes it an offence to sell after this date as the consequences of eating such food could be catastrophic.

Foods such as chocolate or biscuits only require a best-before date as the shelf life is longer and eating past the date is unlikely to be harmful, though the quality of the produce may not be as good.

It is not an offence to sell food past its best-before date unless the food is not of the quality, nature or substance demanded, or if it is unfit for human consumption.