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(2004/C 84 E/0507)

WRITTEN QUESTION E-0604/04

by Saïd El Khadraoui (PSE) to the Commission

(27 February 2004)

Subject:   Sale of foodstuffs that are past their sell-by dates

Some supermarkets in Belgium sell foodstuffs that are past their sell-by dates. This is not illegal when the products are marked ‘best before’, but is illegal for products marked ‘use by’.

Does the Commission intend to introduce a ban on the sale of foodstuffs that are past their sell-by dates?

If so, when will it be able to provide more information about this?

If not, why not?

Does the Commission consider that the differences between ‘best before’ and ‘use by’ should be maintained? What does it think about the possibility of having only one such indication and prohibiting the sale of foodstuffs when that date has expired?

Joint answer

to Written Questions E-0603/04 and E-0604/04

given by Mr Byrne on behalf of the Commission

(25 March 2004)

The general principles of food legislation are contained in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 (1), which specifically states that food shall not be placed on the market if it is unsafe, i.e. if it is deemed to be injurious to health or unfit for human consumption.

The practice of selling off foodstuffs at a reduced price must comply with this principle and with the requirements of the legislation in force, particularly hygiene and food labelling legislation. Accordingly, the Commission does not see any reason to ban this practice in principle.

It is the responsibility of the competent national authorities to carry out checks to ensure that the relevant legislation is observed.

In view of the potential risks of this practice, as described by the Honourable Member, the Commission also feels that special requirements might be justified, for example consumer information at the point of sale.

In line with the principle of subsidiarity, such requirements may be drawn up and imposed by the Member States.

As regards the sale of out-of-date foodstuffs, the distinction made between ‘best before ...’ (minimum durability date) and ‘use by ...’ (final date for consumption) ensues directly from the Community legislation (2).

The minimum durability date or (in the case of foodstuffs that are highly microbiologically perishable) the final date for consumption must be indicated to the consumer in all cases.

The minimum durability date is the date until which foodstuffs retain their specific properties when properly stored. Foodstuffs may therefore be consumed, and sold, after this date, as the consumer is able to check the date and decide whether or not to purchase the product. This date is indicated after the words ‘best before ...’ or ‘best before end of ...’

In the case of highly microbiological perishable products, the final date for consumption is the date after which the product must not be consumed and logically cannot be sold as it is likely to harbour microbiological risks or organoleptic impairments. This date is indicated after the words ‘use by ...’

In order to avoid any risk of error by the consumer, the Commission feels it is necessary to maintain a distinction between foodstuffs with long durability (in some cases several years) and those which must be consumed quickly.

However, in connection with future developments and any reforms it might propose to labelling legislation, the Commission will examine whether the meanings of the dates used in food labelling need to be clarified and, if so, how.

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(1)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, OJ L 31, 1.2.2002.

(2)  Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, OJ L 109, 6.5.2000. Most recently amended by Directive 2003/89/EC of the European Parliament and of the Council of 10 November 2003, OJ L 308, 25.11.2003.

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