Consumption period after opening the package

I ask you to clarify the possible obligation to indicate the expiry date after opening the package on the label of a mozzarella cut into strips. julienne intended for professional use (pizzerias).

Thank you very much, [signed letter]

The lawyer Dario Dongo, Ph.D. in Agri-Food Systems, answers

Il Food Information Regulation (EU) No. 1169/2011, FIR, indicates the expiry date – as an alternative to the date of minimum durability (TMC), for foods that are rapidly perishable from a microbiological point of view – among the mandatory information to be included on food labels (Articles 9.1.f and 24). Determination of the expiry date or the TMC is the responsibility of the responsible operator, except in very rare cases where specific provisions are specifically provided for in sector regulations (e.g., eggs).

Consumption period after opening the package

Article 25 of the FIR (Conditions of storage or use) also prescribes the following:

• 'for foods that require special storage and/or use conditions, these conditions must be indicated;

• to allow for proper storage or use of food after opening the package, the storage conditions and/or consumption period must be indicated, if applicable'.

The indication of a consumption period after opening the package is therefore information that is only possibly mandatory, to be evaluated on a case-by-case basis based on the nature of the product and the potential risks that could arise from the lack of such information. It should be noted that this information is also cited as a possible alternative to the indication of storage conditions.

EFSA Opinions

The European Food Safety Authority (EFSA) has also published two scientific opinions on the determination of the date of minimum durability (TMC) or the expiry date (date marking), and the provision of information to the consumer (food information).

EFSA's two opinions, based on the terms of reference (Terms of Reference, ToR), provide FBOs with recommendations aimed at preventing an increase in food safety risks, also taking into account storage conditions and/or time limits for consumption after opening the package, pursuant to art. 25.2 of Regulation (EU) No. 1169/11.

ToR 3 – Storage conditions and/or time limit for consumption after opening the package to avoid an increase in food safety risks – takes into account in particular:

a) the characteristics of a food and the intrinsic/extrinsic factors that may change once the package is opened, and in particular which of these factors should be taken into account when providing such information;

(b) the factors to be considered when deciding whether it is appropriate to indicate the storage conditions and/or the time limit for consumption after opening the package pursuant to Article 25.2 of Regulation (EU) No. 1169/2011.

In the opinion on food information, EFSA reports as 'the decision relating to appropriate and mandatory information (pursuant to art. 25, par. 2, Nda) refers exclusively to food safety risks, i.e., adverse health effects. Therefore, this decision is interpreted as being related exclusively to the fact that the risk after opening will increase or decrease over time, i.e., whether microbiological pathogens present or potentially introduced after opening the package can grow and/or produce toxins at an equivalent or higher rate during storage of the opened packages. This decision will depend on the relevant pathogenic microorganisms and the characteristics of the food.' [...].

In cases where this threshold could be exceeded sooner once the container or package is opened, two different shelf-lives are considered:

• a primary shelf-life before opening, represented and expressed by a date, and

• a secondary shelf-life after opening the package, represented by a time limit (usually days).

It is therefore assumed that the consumption period after opening should be defined based on a risk analysis, similar to that used to determine the expiration date. In its conclusions on these points, the Authority states the following:

a) the definition of a time limit for consumption after opening the package (secondary shelf life) it's complex by virtue of multiple influencing factors and unavailable information. A further level of complexity is given by the need to consider consumer habits and reasonable conditions of use expected. To simplify, it is possible to adopt a duration based on a worst-case scenario, although less appropriate than an assessment Food characteristics and intrinsic/extrinsic factors may change once the package is opened. For example, the opening time during primary shelf life can influence the concentration of microorganisms in the food. Furthermore, contamination can occur through external environmental factors (e.g. air, hands/utensils/containers contaminated by the consumer). The loss of protective factors (e.g. modified atmosphere) and the change in water activity (aw) values, pH or microbiota in the food can also impact on secondary shelf life;

b) it is appropriate to establish the storage conditions and a time limit for consumption after opening the package when opening could impact the safety of the product. The Authority has developed a decision tree to help operators decide whether the time limit for consumption after opening, for safety reasons, is potentially shorter than the initial expiry date of the product in its unopened packaging.

The decision tree (figure 2 and table 3 of the opinion on food information) was defined by EFSA considering that during the post-opening period contamination by pathogenic microorganisms is always possible. A shorter consumption limit was considered appropriate (but not required) in the case of products for which opening the packaging leads to a change in the type of pathogenic microorganisms present in the food and/or the occurrence of factors that increase their growth compared to the unopened product.

Overall, the decision tree is believed to be capable of producing appropriate and consistent results in terms of time limits and storage conditions, in accordance with regulatory interpretations and the assumptions made during development. None of the identified sources of uncertainty was considered more significant than the others. It is also believed that the uncertainties could lead to a possible overestimation of the risk for some food products.

Mozzarella intended for professional use

The product in question (e.g. mozzarella julienne) it's a technical product intended for a specialized professional users (catering professionals) for pizza preparation. It should be noted that the intended use is different from the conventional one, as it includes a heat treatment and not direct consumption (ready-to-eat).

Pizza is a product cooked at extremely high temperatures (~450°C), and this heat treatment can significantly impact the microbiological load present in the finished product. A study of various pizzas (Reale et al., 2001) showed that the difference between focaccia and margherita pizzas is not such as to pose a microbiological risk for the product containing mozzarella.

Conclusions

The indication of the suitable period of consumption is information only if necessary ('if applicable') mandatory, pursuant to Regulation (EU) No. 1169/2011. And it is certainly unlikely that this obligation applies to all products that are rapidly perishable from a microbiological point of view, since otherwise the European legislator would have specified the conditions of use accordingly.

EFSA's opinions – which cannot introduce additional requirements beyond those set out in the European regulation – have suggested the appropriateness of introducing such information when the increased growth of pathogens after opening the package could cause a real risk to food safety, also taking into account reasonable storage conditions and normal usage of the product.

The product in question is a mozzarella for technical use intended for pizza production by foodservice professionals. They, in turn, are required to establish and implement appropriate self-monitoring procedures that include good hygiene practices—including proper storage of food ingredients and products—and a HACCP-based system in which maintaining the cold chain is a key critical control point. Furthermore, mozzarella intended for pizzerias is generally subject to rapid consumption and high-temperature heat treatment, which drastically reduces microbiological risk.

Therefore, in this specific case, there is no obligation to indicate the expiry date of the product after opening the package.

Cordially

Dario

Cover credit: ICCA

Note

• Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers. Consolidated text: 04/01/2025 http://data.europa.eu/eli/reg/2011/1169/2025-04-01

• EFSA BIOHAZ Panel (2020) Guidance on date marking and related food information: part 1 (date marking). EFSAJournal 18(12):6306. https://doi.org/10.2903/j.efsa.2020.6306

• EFSA BIOHAZ Panel (2021) Guidance on date marking and related food information: part 2 (food information). EFSAJournal 19(4):6510. https://doi.org/10.2903/j.efsa.2021.6510

• Reale A. et al. (2001). Microbiological quality in pizza production. Food Industries 40(408):1213-1215. https://www.researchgate.net/publication/291859529_Microbiological_quality_in_pizza_production