As a general rule, under the Food Labelling Regulations 1996, it is a requirement that food be marked or labelled with an “appropriate durability indication”. Where food is highly perishable, from a microbiological point of view, and is likely to constitute an immediate danger to human health if eaten after a short period of time a “use by” date is required. In certain other cases a “best before” date is required.
Certain foods are exempt from the requirement that food be marked or labelled with an “appropriate durability indication”. These are as follows:
A “best before” date is the date up to and including which the food can reasonably be expected to retain its specific properties if properly stored.
Where food is required to be marked or labelled with a “best before” date it must also be marked with any storage conditions which need to be observed if the food is to retain its specific properties until that date.
As a general rule where food is required to carry a “best before” date the date must be expressed in terms of the day, month and year. There are, however, three exceptions to this general rule. These are as follows:
A “use by” date is the date up to and including which the food is recommended for use if properly stored.
Where food is required to be marked or labelled with a “use by” date (i.e. where the food is highly perishable) it must also be marked with any storage conditions which need to be observed.
“Use by” dates must be expressed in terms of a day and month or in terms of a day, month and year. In both cases the date must be expressed in that order.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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