Date marking

The life of high risk foods must be indicated by a 'use by' date. The life of all other foods (with a few minor exceptions) must be indicated by a 'best before' date.

High risk foods are not defined by the regulations, but are generally considered to include:

• Soft cheeses
• Semi-hard cheeses
• Cooked Products containing fish meat, eggs, cheese, cereals, pulses or vegetables
• Smoked or cured fish
• Smoked or cured meats
• Some dairy desserts e.g. fromage frais, whipped, cream desserts, creme caramels, mousses
• Prepared Vegetable salad. e.g. coleslaw
• Cooked pies and pasties containing meat fish or any substitute for such
• Sandwiches containing fish, cooked meat, soft and hard cheese, eggs and vegetables
• Cream cakes
• Ready prepared meals

Date Marking Requirements

1. 'Use By' date

It is an offence to sell food that has passed its marked 'use by' date.  It is also an offence for any person, other than the original packer, to alter, remove or deface a 'use by' or 'best before' date.

The life of high risk foods must be indicated by a clearly marked 'use by' date.

The 'use by' date must be indicated in one of the following formats:

• as a day followed by a month or
• as a day followed by a month and then a year.

Any special storage conditions which are needed must be stated.

2. 'Best Before' date

For all food (other than high risk foods), a "best before" date must be used. Any special storage conditions needed to ensure the life of the product must be given in association with the date.

Non-high risk foods with a life of 3 months or less

These should be date marked using the day followed by month (e.g. 30/05 or 30 May)

Foods with a life of 3 months to 18 months

These should be date marked using either

• the day followed by month followed by year (e.g. 30/05/04 or 30 May 04) or
• by the words 'best before end' followed by the month and year only (e.g.  'best before end May 04')

Food with a life greater than 18 months

These must be date marked using either:

• 'best before' followed by a month and year (e.g. 'best before May 2004') .
• 'best before end' followed by a year only (e.g. 'best before end 2004').

Marking the packaging

The date may appear separately from the words 'use by' or 'best before' provided those words are followed by a reference to where the date appears, for example, "best before:- see end of can".

The date mark must be easily visible to the consumer.

If the date is printed in ink, it must be in indelible to prevent it from becoming illegible.

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