Changes to best before date legislation as of 1 July 2022

On 1 July, the legislation for stating a best-before date will change in the Netherlands. This can have consequences for the best before date information on your products.

In the Netherlands, the legislation for indicating the best before date on pre-packed products is Regulation (EU) No 1169/2011 and the Commodities Act Decree on the Preparation and Treatment of Foodstuffs. The date of minimum durability of a foodstuff or the use-by date is a mandatory statement for pre-packed foodstuffs in accordance with Regulation (EU) No. 1169/2011. There are some exceptions such as for some fresh and long-life foods, including for example vinegar, table salt, confectionary and fresh, uncut fruit and vegetables.

Article 24 of Regulation (EU) No 1169/2011 states:
Foodstuffs which, from a microbiological point of view, are highly perishable and may therefore present an immediate danger to human health after a short period of time must be marked with an expiry date (TGT, To be used Until). Other products are then given an expiry date (THT, Best Before).

Article 15 of the Commodities Act Decree on the Preparation and Processing of Foodstuffs states:
If a storage instruction on the packaging states that the product should be stored between 0°C and 6°C or states a shelf life of less than 5 days, an expiry date must be given (TGT). In other cases, an expiry date (THT) must be given.

In practice, this means that in the Netherlands there are many products on the market with a shelf life of more than 5 days and a storage condition between 0°C and 7°C that have a THT, but which from a microbiological point of view may pose a risk to human health after the stated expiry date. This is not in accordance with the European Regulation. The Commodities Act Decree on the preparation and treatment of foodstuffs will therefore be amended as of 1 July 2022.

What does this mean?

Products that currently have a TGT, will probably keep it. As of 1 July 2022, it is no longer necessary to place an additional storage instruction stating that the product must be consumed within a number of days of purchase and never later than the stated date.

For products that currently have a THT date, it must be checked whether they can pose an immediate danger to human health after the expiry of the THT. If that is the case, then the THT must be replaced by a TGT. In practice, this will particularly apply to meat products, ready-to-eat products, ready meals, salads, vegetables that can be eaten raw, etc.

Normecfoodcare.com

Photo: Albert Heijn