Questions and Answers

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:

• foods which at ambient or chill temperatures are capable of supporting the formation of toxins or multiplication of pathogens to a level which could lead to food poisoning if they are not stored correctly;
• foods intended for consumption either without cooking or after treatment (such as reheating) unlikely to be sufficient to destroy food poisoning organisms which may be present.

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

• Soft or semi-hard cheese ripened by moulds and/or bacteria once the ripening or maturation is completed;
• Dairy-based desserts (including milk substitutes), such as fromage frais, mousses, créme caramels, products containing whipped cream;

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

• Products, including sandwiches, containing or comprising cooked meat, poultry, fish, eggs (or substitutes for meat, poultry, fish or eggs), milk, hard and soft cheese, cereals (including rice), pulses, and vegetables whether or not they are intended to be eaten without further reheating.

Smoked or cured fish

Smoked or cured ready to eat meat which is not shelf-stable at room temperature

• Including sliced cured cooked meats such as hams, some salamis and other fermented sausages, depending on the method of curing.

Prepared ready-to-eat foods

• Including prepared vegetables, vegetable salads containing fruit, or prepared salads (such as coleslaw) containing other products and prepared products such as mayonnaise.

Uncooked or partly cooked pastry and dough products

• Including pizzas, sausage rolls or fresh pasta, containing meat, poultry, fish (or substitutes of meat, poultry or fish) or vegetables.

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

• the date in terms of either
  • the day and the month (eg use by 5 March), or
  • the day, month and year (eg use by 5 March 2002)
• any storage conditions which need to be observed (eg keep refrigerated or if stored in a refrigerator).

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.

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