Re-determination of the primary shelf-life of food products: what are the guarantees for the consumer?

Except in rare cases, the determination of the shelf-life of food products is left up to the food business operator. The extension of this period, which for years has been the subject of debate among the various actors in the food chain, has become a topic of fundamental importance also following the recent economic/financial, environmental, and health crises, which have had an inevitable impact on consumption and food waste. While there is no requirement to indicate durability for some categories of food products, for example, those not directly intended for consumers, this debate has raised questions and perplexities about the potential re-evaluation of the origin conditions established by the manufacturer, particularly when it comes to maintaining the guarantees for the consumer in terms of health and hygiene. In addition, the increasing consumer demand for accurate information has prompted the European authorities to request a public consultation on the actual understanding and perception of the mandatory terms on labels such as use by or date of minimum durability of a food, provided for by Article 9 of Regulation (EU) No. 1169/2011, often not correctly understood, which can assume great significance in the application of rules to reduce food waste. In this regard, it is useful to remember that the recent measures adopted by the European Union legislator, together with the case law of recent years, have led the judges of merit to comply with the principles and requirements of food safety laid down since 2002 in Regulation (EC) No. 178, thus paying greater attention to the analysis, assessment, and management of the risk of the entire production chain. The purpose of this work is to provide technical-legal elements to encourage a possible extension of the shelf-life of food products while ensuring the safety of consumers.