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The Food Labelling Regulations 1996
These notes give guidance on when to give a use by date on food labels. They also describe
how use by dates should be indicated. These notes offer informal, non-statutory guidance. They should not be taken as a definitive statement or interpretation of the law, which only the courts can give.
The Food Labelling Directive (2000/13/EEC) requires most prepacked foodstuffs to carry a date of minimum durability. This will normally be a best before date, which is the date up to and including which the foodstuff will retain its optimum condition (eg it will not be stale).
The Directive also requires that a use by rather than a best before date should be used on those prepacked foods 'which, from the microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health'.
This requirement is implemented
The use by date is the date up to and including which the food may be used safely (eg cooked or processed or consumed) if it has been stored correctly. For example, use by 5 March means use by midnight on 5 March. It is not a voluntary alternative; it must be used instead of the best before date when appropriate. The incorrect use of a use by date may create confusion in the mind of the consumer and contravenes the legislation. Although the decision whether a use by date is required for a particular food must remain with those responsible for the labelling of that food, since they will be in the best position to assess its properties, this guidance may help to ensure a consistent approach and to prevent consumer confusion.
These guidance notes do not over-ride specific Community or national provisions which require the use of a particular date mark for specific foodstuffs. For example, the date marking of eggs is controlled by the EC's Egg Marketing Standards Regulations (which require marking with a best before rather than a use by date), and prepacked fresh poultry meat is required to bear a use by date under the terms of the EC's Poultry Meat Marketing Standards Regulations.
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What should be considered when deciding whether to apply a "use by" date?
The essential judgement is whether the food is microbiologically highly perishable and in consequence likely, after a short period of time, to pose an immediate danger to human health. It is important to note that both criteria have to be satisfied.
Foods which need labelling with use by dates are those that have to be stored at low temperatures to maintain their safety rather than their quality . They will have a short product life following manufacture, after which their consumption may present a risk of food poisoning. They will be likely to fall into one or both of the following groups:
What types of food will fall into these categories?
The Food Safety (Temperature Control) Regulations 1995 require foods likely to support the growth of pathogenic micro-organisms or the formation of toxins to be kept at temperatures which would not result in a risk to health. In England and Wales, such foods must be held at or below 8°C unless subject to a permitted temperature variation. In Scotland, they must be kept in a refrigerator or refrigerating chamber or in a cool ventilated place.
Guidance on these Regulations has been issued by the Department of Health. It contains examples of various food types which, under normal conditions of storage and use, and in the absence of adequate preserving factors, should be kept chilled to help secure food safety . These foods will generally need a use by date:
Dairy products
unless the pH of the product would prevent the growth of pathogenic micro-organisms or the formation of toxins, or other effective preservative mechanisms are present.
Cooked products
Smoked or cured fish
Smoked or cured ready to eat meat which is not shelf-stable at room temperature
Prepared ready-to-eat foods
Uncooked or partly cooked pastry and dough products
Other foods which are also likely to require a use by date are uncooked products comprising or containing either meat, poultry or fish and foods packed in a vacuum or modified atmosphere and held at chill temperatures to keep them safe.
Are there any perishable foods which don't need a "use by" date?
Some foods are specifically exempt from the requirement to carry a date mark. These are listed in regulation 22 of the Food Labelling Regulations 1996. Some are exempt from the date marking requirement because they are exempt generally from the labelling provisions of Part II of those Regulations. The labelling of such foods is generally governed by separate legislation (eg on honey, coffee, and chocolate) which does not require a date mark to be given. And some are exempt from carrying a date mark because of the conditions in which they are sold (eg because they are sold loose or prepacked for direct sale).
Certain foods, such as bread and many cakes, deteriorate over a short period in quality rather than safety. They do not, therefore, need a use by date. Chilled foods which do not support the growth of food poisoning organisms, eg butter and margarines, do not need a use by date.
Foods which would normally need a use by date but which are sold to the consumer frozen should not be given a use by date.
How should the
"use by"
date be shown?
It must consist of the words
"use by"
followed by
On packaging, the actual date and/or any storage conditions given as part of the date mark may appear separately from the words use by. However, these words must be followed by a reference to the place where the date and/or any storage conditions appear(s) (eg Use by: see side of pack).
In some cases, it might be helpful for consumers to have details about where to find information on storage conditions given with the date itself, rather than with the words use by . For example,
for use by date see side of pack and for storage conditions see back of pack (with the rest of the information shown as indicated)
for use by date see side of pack (and on the side of the pack the date and the declaration for storage conditions see back of pack , and so on).
This manner of marking is consistent with the intention of the Food Labelling Regulations and is acceptable.
Where several items are included in an outer wrapper or sleeve which might be discarded, care should be taken to ensure that the date mark appears on the packaging that will be retained by the consumer.
Can a "use by" date be altered or removed?
It is an offence to alter or remove a date mark if you are not the manufacturer, packer or EC seller originally responsible for marking the food. It is, however, a defence for anyone so charged to prove that such action was taken with the written authorisation of a person capable of making the change without breaking the law.
Enquiries about these guidance notes should be made to
Food Standards Agency
Food Labelling and Standards Division
Room 115c Aviation House
125 Kingsway
London WC2B 6NH
Telephone: 020 7276 8147
Fax: 020 7276 8192/8193
or
Scottish Executive Rural Affairs Department
Room 347 Pentland House
47 Robb's Loan
Edinburgh EH14 1TY
Telephone: 0131 244 6186
Fax: 0131 244 6445
Enquiries about the Guide to the general temperature control regulations, and requests for copies of the booklet, should be made to
Department of Health
PO Box 410
Wetherby LS23 7LN
Fax: 01937 845 381
or
Scottish Executive Rural Affairs Department
Room 347 Pentland House
47 Robb's Loan
Edinburgh EH14 1TY
Telephone: 0131 244 6187
Fax: 0131 244 6445
or
National Assembly for Wales Agriculture Department
Public Health Unit
Cathays Park
Cardiff CF1 CNQ
Telephone: 01222 825410
Fax: 01222 825283
or
Department of Health
Health Protection Branch
Annex 4 Castle Buildings
Stormont
Belfast BT4 3RA
Telephone: 01232 522333
Fax: 01232 523270
Further advice on determining food shelf lives may be found in the following publications
Advice on the interpretation and enforcement of food law generally can be obtained from local authorities. They are responsible for enforcing the law in two main areas:
In the non-metropolitan areas of England, food standards work is carried out by the county councils and environmental health work by the district councils. The London boroughs and metropolitan authorities carry out both functions. In Wales and Scotland, all food law enforcement is carried out by the unitary authorities. In Northern Ireland, this work is undertaken by the environmental health departments of district councils.
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