Shelf life and date marking requirements for packaged food

Shelf-Life and Date Marking Requirements for Packaged Food

Products

Venue: Beirut, 2-3 March 2015TAIEX expert: Dr.sc.ing. Tatiana Marcenkova,

Riga, Latvia, Europe

TAIEX Workshop on shelf-life determination techniques for food products [AGR 55007] in cooperation with Consumer Protection Directorate, Ministry of Economy and Trade of Lebanon.

TAIEX Workshop, Beirut, 2-3 March, 2015


• The shelf-life of a food is the period for which it remains safe and suitable for consumption.

• This means that the food has not deteriorated in quality or spoiled in any way that the consumer would find unacceptable.

• There should be no formation of toxic products within the food and no loss of significant nutrients below the levels listed on the label.

• The food must stay safe to consumer i.e. should not cause food-poisoning because of the growth of pathogens or the production of toxins in the food during storage

(www.mpi.govt.nz/document-vault/3414)

http://www.freedompreppers.com/shelf-life-of-foods.htm

Definitions [1]ISO 9000:2005 Quality management systems – Fundamentals and vocabulary Quality - degree to which a set of inherent

characteristics fulfils requirements

Regulation 2073/2005: ‘food safety criterion’ means a criterion

defining the acceptability of a product or a batch of foodstuff applicable to products placed on the market

‘shelf-life’ means either the period corresponding to the period preceding the ‘use by’ or the minimum durability date

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Definitions [2]Codex Alimentarius CAC/RCP 1-1969, Rev. 4 (2003) Food hygiene - all conditions and measures necessary to

ensure the safety and suitability of food at all stages of the food chain.

Shelf life as the period during which a food product maintains its microbiological safety and suitability at a specified storage temperature and, where appropriate, specified storage and handling conditions.

Food suitability - assurance that food is acceptable for human consumption according to its intended use.

Codex Alimentarius CAC/RCP 46-(1999)• Shelf life: The period during which the product maintains its

microbiological safety and sensory qualities at a specific storage temperature. It is based on identified hazards for the product, heat or other preservation treatments, packaging method and other hurdles or inhibiting factors that may be used

• Use-by-date: The date after which the product should not be consumed. It is determined from the date of production, utilizing the product shelf life, building in a margin of safety as determined by the manufacturer

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EU key Legislation on food safety

Regulation (EC) 178/2002 laying down the General Principles and requirements of Food Law,28 February 2002

Regulation (EC) 852/2004 on the hygiene of foodstuffs, 29 April 2004

Regulation (EC) 853/2004 laying down specific hygiene rules for food of animal origin, 29 April 2004

Regulation (EC) 854/2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, 29 April 2004

Regulation (EC) 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, 29 April 2004

http://ec.europa.eu/food/food/biosafety/index_en.htmhttp://ec.europa.eu/food/food/chemicalsafety/index_en.htm


Tatjana Marčenkova

EU key Legislation on food safety

Regulation (EC) 2073/2005 on microbiological criteria in foodstuffs, 15 November 2005, as amended by Regulation (EC) No 1441/2007

Council Regulation 315/93/EEC laying down Community procedures for contaminants in food, 8 February 1993, gives the basic principles of EU legislation on contaminants in food

Commission Regulation (EC) 1881/2006 on maximum levels for certain contaminants in food following contaminants: nitrate, mycotoxins (aflatoxins, ochratoxin A, patulin, deoxynivalenol, zearalenone, fumonisins and citrinine), metals (lead, cadmium, mercury, inorganic tin), 3-MCPD, dioxins and dioxin-like PCBs, non dioxin-like PCBs, polycyclic aromatic hydrocarbons (PAH) (benzo(a)pyrene) and sum of 4 PAHs), melamine and erucic acid

Regulation (EU) 1169/2011 on the provision of food information to consumers, 25 October 2011, entered into application on 13 December 2014 e.g.

http://ec.europa.eu/food/food/index_en.htm TAIEX Workshop, Beirut, 2-3 March, 2015

Regulation 178/2002 (Article 14)

In determining whether any food is injurious to health, regard shall be had:• (a) not only to the probable immediate and/or short-term

and/or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;

• (b) to the probable cumulative toxic effects;• (c) to the particular health sensitivities of a specific

category of consumers where the food is intended for that category of consumers

In determining whether any food is unfit for human consumption, regard shall be had to whether the food is unacceptable:• for human consumption according to its intended use,• for reasons of contamination, whether by extraneous

matter or• otherwise, or through putrefaction, deterioration or decay.



Regulation 1169/2011 food information for consumers

(FIC)Apply rules for date marking for pre-packaged food• ‘prepacked food’ - any single item for

presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging; ‘prepacked food’ does not cover foods packed on the sales premises at the consumer’s request or prepacked for direct sale



(FIC)

Food information shall not be misleading, particularly:... as to the characteristics of the food and, in particular.... durability.... method of manufacture or production....Food information shall be accurate, clear and easy to understand for the consumer.



(FIC)Where mandatory food information is required by food information law, it shall concern information that falls, in particular, into one of the following categories: (a) information on the identity and composition, properties or other characteristics of the food; (b) information on the protection of consumers’ health and the safe use of a food. In particular, it shall concern information on:

(i) compositional attributes that may be harmful to the health of certain groups of consumers; (ii) durability, storage and safe use; (iii) the health impact, including the risks and consequences related to harmful and hazardous consumption of a food;

(c) information on nutritional characteristics so as to enable consumers, including those with special dietary requirements, to make informed choices.


Regulation 1169/2011 Article 24

Minimum durability date, ‘use by’ date and date of freezing In the case of foods which, from a microbiological point of view, are highly perishable (or potentially hazardous) and are therefore likely after a short period to constitute an immediate danger to human health, the date of minimum durability shall be replaced by the ‘use by’ date. After the ‘use by’ date a food shall be deemed to be unsafe.


Potentially hazardous food

• Food that has to be kept at certain temperatures to minimize multiplication of any food-poisoning bacteria that may be present in the food or to prevent the formation of toxins in the food.

Potentially hazardous foods are foods that meet both of the criteria below:

1. They might contain the types of food-poisoning bacteria that need to multiply to large numbers to cause food poisoning, and

2. The food will allow the food-poisoning bacteria to multiply.

http://www.foodauthority.nsw.gov.au/_Documents/science/potentiall

y-hazardous-foods.pdf


What is ‘use-by’ date?

• A ‘use-by’ date is the last date on which the food may be eaten safely, provided it has been stored according to any stated storage conditions and the package is unopened.

• The ‘use-by’ date is restricted to foods which need to be eaten within a certain time because of health and safety reasons.


WHEN A “USE-BY” DATE IS NEEDED FOR HEALTH REASONS DUE TO NUTRIENT LOSS?• There are some foods where essential nutrients

could be lost with time due to their deterioration. • For example a number of vitamins are sensitive to

oxygen including vitamin C (ascorbic acid) and vitamin B (thiamine). If the food is an important source of that nutrient for consumers, such that they could suffer an adverse health effect if they were not receiving the stated intake, then a “use-by” date would be needed.

• This is not a common situation but could be important if the food is intended to be the sole source of nutrition for a reasonable time.

• The decision tree shows how to decide when a “use-by” date is required for health reasons:




,,Use-by...’’ date• Any food which 'from a

microbiological point of view, is highly perishable and in consequence likely after a short period of time to constitute an immediate danger to human health' is required to have a 'Use By' date.

• Most chilled foods come into this category.

• The following example is from the front panel of a box containing 'Cheese and Tomato Quiche‘.

• The 'Use By' date is the legal requirement - the 'Display Until' date is for the store to ensure that the product is sold with enough time for the consumer to still enjoy the food.

• Notice also that the storage conditions necessary for the safety of the product are given next to the 'Use By' date, 'Keep refrigerated below 5°C'.

Source - Reading university, UK


WHEN A “USE-BY” DATE IS NEEDED FOR SAFETY REASONS BECAUSE OF THE POTENTIAL TO CAUSE FOOD POISONING • Food may become unsafe during storage because of the formation

of toxic substances or the growth of pathogenic microorganisms.• It is relatively uncommon that toxic substances are formed e.g.

oxidation of fats and oils during the storage. The potential for this to occur will usually be mitigated by the addition of substances that reduce the potential for the changes to occur e.g. antioxidants, packaging to reduce exposure to light which may cause changes, and storage instructions e.g. refrigerate or store in a dark space. However, where the potential remains for toxicity to develop, a “use-by” date is required for a safety reason.

• Safety reasons may include where food becomes microbiologically unsafe before discernibly spoiling. This includes where foods may contain unsafe levels of food poisoning organisms and the food does not show any sign of being spoiled, as the majority of food poisoning organisms do not spoil food. This may be the case with some chilled ready-to-eat foods.

• A food that discernibly spoils before posing a food safety risk would not need a ‘use-by’ date as spoilage can be detected by the consumer and the food then avoided. Spoiled food includes food that has become moldy, rancid, soured, or stale.


,,Best before’’ date

• As this product is stable (and therefore not: 'from a microbiological point of view, .. highly perishable and in consequence likely after a short period of time to constitute an immediate danger to human health'), it has a 'Best Before' date.

• This is shown on the back panel of the pack and gives the date in the form day-month-year (DD/MM/YY)

http://www.reading.ac.uk/foodlaw/label/dates-defra-guidance-2011.pdf


,,Best before’’ date• This is the front panel of a pack of

'Mature medium fat hard cheese':

• Although refrigerated, it is not: 'from a microbiological point of view, .. highly perishable and in consequence likely after a short period of time to constitute an immediate danger to human health'. It therefore has a 'Best Before' date.

• This is shown on the front panel of the pack and gives the date in the form day-month-year (dd/mm/yyyy). Notice also that there is the statement 'Keep refrigerated'.

• This meets the requirement in the legislation that 'if need be, these particulars shall be followed by a description of the storage conditions which must be observed if the product is to keep for the the specified period.

http://www.reading.ac.uk/foodlaw/label/dates-defra-guidance-2011.pdf


Decision tree approach for

illustrating the principles of

determining date marks

This diagram does not apply to foods that are exempt from date marking or for which a

particular date mark is specified in the legislation. http://www.reading.ac.uk/foodlaw/label/dates-defra-guidance-2011.pdf


Factors to be considered when evaluating appropriate date mark for pre-packed foods

Shelf life is influenced by the following factors: Good Manufacturing Practices (GMP), including Good

Hygiene Practices (GHP), Implementation of effective Hazard Analysis and Critical

Control Points (HACCP)-based procedures, Quality of raw materials, Processing steps, Packaging (including gas atmosphere), Conditions of distribution, Storage temperature, Product formulation, e.g. pH, water activity (aw), salt

concentration and use of preservatives, The intended use and target consumer. These factors are used in combination to control microbiological growth and changes in chemical, physical and sensory qualities that lead to the product becoming unsafe.

www.brc.org.uk/shelflifeguide

Foodstuffs should not contain micro-organisms or their toxins or metabolites in quantities that present an unacceptable risk for human health. Microbiological criteria also give guidance on the acceptability of foodstuffs and their manufacturing, handling and distribution processes.

The safety of foodstuffs is mainly ensured by a preventive approach, such as implementation of good hygiene practice and application of procedures based on hazard analysis and critical control point (HACCP) principles.

The measures to be taken by the food business operators may include, among other things, controls of raw materials, hygiene, temperature and shelf-life of the product.

Sampling of the production and processing environment can be a useful tool to identify and prevent the presence of pathogenic micro-organisms in foodstuffs.

Regulation 2073/2005 [1]

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Food business operators should decide themselves the necessary sampling and testing frequencies as part of their procedures based on HACCP principles and other hygiene control procedures. food business operators at each stage of food production, processing and distribution, including retail, shall take measures, as part of their procedures based on HACCP principles together with the implementation of good hygiene practice, to ensure the following:

(a)that the supply, handling and processing of raw materials and foodstuffs under their control are carried out in such a way that the process hygiene criteria are met;

(b)that the food safety criteria applicable throughout the shelf-life of the products can be met under reasonably foreseeable conditions of distribution, storage and use.


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Article 3 General requirements Food business operators shall ensure that foodstuffs comply with the relevant microbiological criteria. To this end the food business operators at each stage of food production, processing and distribution, including retail, shall take measures, as part of their procedures based on HACCP principles together with the implementation of good hygiene practice, to ensure the following:

(a) that the supply, handling and processing of raw materials and foodstuffs under their control are carried out in such a way that the process hygiene criteria are met,


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(b) that the food safety criteria applicable throughout the shelf-life of the products can be met under reasonably foreseeable conditions of distribution, storage and use.

Article 9 Analyses of trends.Food business operators shall analyse trends in

the test results. When they observe a trend towards unsatisfactory results, they shall take appropriate

actions without undue delay to remedy the situation in

order to prevent the occurrence of microbiological risks.


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Article 3 (2) • As necessary, the food business

operators responsible for the manufacture of the product shall conduct studies in accordance with Annex II in order to investigate compliance with the criteria throughout the shelf-life. In particular, this applies to ready-to-eat foods that are able to support the growth of Listeria monocytogenes and that may pose a Listeria monocytogenes risk for public health.


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Annex IIThe studies referred to in Article 3(2) shall include:

— — specifications for physico-chemical

characteristics of the product, such as pH, aw, salt content, concentration of preservatives and the type of packaging system, taking into account the storage and processing conditions, the possibilities for contamination and the foreseen shelf-life, and

— consultation of available scientific literature and research data regarding the growth and survival characteristics of the micro-organisms of concern.


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Annex II (continuation)When necessary on the basis of the abovementioned

studies, the food business operator shall conduct additional

studies, which may include: — predictive mathematical modelling established for

the food in question, using critical growth or survival factors for the micro-organisms of concern in the product,

— tests to investigate the ability of the appropriately inoculated micro-organism of concern to grow or survive in the product under different reasonably foreseeable storage conditions,

— studies to evaluate the growth or survival of the micro-organisms of concern that may be present in the product during the shelf-life under reasonably foreseeable conditions of distribution, storage and use.


Australian Food and Grocery Council A GUIDE TO THE APPLICATION OF DATE MARKING OF FOOD , 2008 (reprinted 2010)http://www.afgc.org.au/our-expertise/industry-codes/code-of-practice-for-food-labelling-and-promotion/


Food Properties Influencing Microbial

Growth

Source: Food Safety Authority of Ireland, Guidance note, 18, Validation of Product Shelf-Life

Chemical changes in food

Chemical, biochemical changes

Oxidation

hydrolytic cleavage

Fermentative sunburn

(Majar reaction)

fats

food pigment (color degradation) vitamns

fats aspartam

Shelf-life testing

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Factors influencing the growth of microorganisms

microbiological quality of raw materials

composition of the product, including the presence of a preservatives

product structure pH water activity (aw) oxygen availability the presence of other

microorganisms

GMP, GHP HACCP storage

temperature moisture package wholesale practice consumer practice

Intrinsic Extrinsic

Manufacturer of primary products

Other suppliers

Processor,

manufacturer

Wholesaler

Retailer

Final

consumer

Clear and unambiguous

information on storage and handling

conditions

Storage conditions

Transportation and storage conditions /

re-packaging/ re-labelling

Shelf-life marking/testing

Quality (with the specifications) of the

raw materials and other additional

ingredients

Steps on shelf-life date marking


REGULATION 1169/2011 ANNEX XDATE OF MINIMUM DURABILITY, ‘USE BY’

DATE AND DATE OF FREEZING [1]

The date of minimum durability shall be indicated as follows: (a) the date shall be preceded by the words: — ‘Best before …’ when the date includes an indication of the day, — ‘Best before end …’ in other cases, (b) the words referred to in point (a) shall be accompanied by: — either the date itself, or, — a reference to where the date is given on the labelling, If need be, these particulars shall be followed by a description of the storage conditions which must be observed if the product is to keep for the specified period; (c) the date shall consist of the day, the month and possibly, the year, in that order and in uncoded form.




However, in the case of foods: — which will not keep for more than 3 months, an indication of the day and the month shall be sufficient, — which will keep for more than 3 months but not more than 18 months, an indication of the month and year shall be sufficient, — which will keep for more than 18 months, an indication of the year shall be sufficient,




(d) an indication of the date of minimum durability shall not be required for: — fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated; this derogation shall not apply to sprouting seeds and similar products such as legume sprouts, — wines, liqueur wines, sparkling wines, aromatised wines, and similar products obtained from fruit other than grapes, and beverages falling within CN code 2206 00 obtained from grapes or grape musts, — beverages containing 10 % or more by volume of alcohol, — bakers’ or pastry cooks’ wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture, — vinegar, — cooking salt, — solid sugar,— confectionery products consisting almost solely of flavoured and/or coloured sugars, — chewing gums and similar chewing products.




The ‘use by’ date shall be indicated as follows:(a) it shall be preceded by the words ‘use by …’;(b) the words in point (a) shall be accompanied by:— either the date itself, or,— a reference to where the date is given on the labelling,Those particulars shall be followed by a description of the storage conditions which must be observed;(c) the date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form;(d) the ‘use by’ date shall be indicated on each individual prepacked portion.




The date of freezing or the date of first freezing shall be indicated as follows:(a) it shall be preceded by the words ‘Frozen on …’;(b) the words referred to in point (a) shall be accompanied by:— the date itself, or,— a reference to where the date is given on the labelling,(c) the date shall consist of the day, the month and the year, in that order and in uncoded form.

Shelf life and date marking requirements for packaged food

Food

suitability of food

food hygiene

food chain

food safety regulation

food safety criterion

food products agr

food of animal origin

requirements of food