Deadline for consumption (DLC), minimum durability (DDM), freezing

Verified 05 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

There are 2 categories of cut-off date for food products: the use-by date (TLD) and the minimum durability date (MLD). Only exceeding the DLC poses a health risk. There is also the date frozen, which indicates the date the product was frozen or the date of 1re freezing if it has been frozen more than once. How can these dates be distinguished? We present you with the information you need to know.

DLC

The DLC is the date after which the consumption of a product becomes dangerous to health.

It is indicated on highly perishable and packaged food products. For example, cut meats, cold cuts, refrigerated ready meals, yogurt.

This date shall be fixed by the manufacturer, except in the case of certain products for which health regulations are required.

The DLC shall be indicated by the words: "For consumption until..." followed by the day, month and possibly the year or by a reference to the place where the date is indicated on the packaging (or labeling) of the product.

These particulars shall be followed by a description of the storage conditions to be observed.

No, this is not possible because once the DLC is exceeded, the product may be altered or dangerous for your health.

Traders who do not comply with the DLC, and who sell out-of-date products, are subject to penalties. They may also be liable for any health problems related to the consumption of the expired product.

FYI  

In the event of a manufacturer's labeling error on the CSD, the manufacturer is required to recall its products and declare them on Reminder.

Selling a food that is unfit for consumption is punishable by a fine.

Penalties differ depending on whether the expired product is offered for sale by simple negligence or with a intent to deceive the consumer.

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Sale by negligence

It is forbidden to offer a product for sale the day after the DLC.

The seller of the expired products risks a fine of €1,500 by expired product offered for sale.

In case of a dispute, you have to alert the Population Protection Directorate (DDPP) of your department.

Intent to deceive

It is forbidden to offer a product for sale the day after the DLC.

It is an offense to mislead a seller who willfully sells out-of-date products in an attempt to deceive his customers. This is particularly the case if expired products have been sold with a new label with a more recent date. That's what we call the pack.

The person responsible for a misleading offense (trader, department head...) could face up to 7 years in prison and €750,000 of fine. If the facts are serious, the fine may be increased to 10%the average annual turnover, calculated on the last 3 annual turnover figures known at the material time.

The store can also be sued as a legal person for offenses committed by its employees on its behalf. For example, if management has instructed the department head to avoid financial loss. In this case, the company may be fined €3.75 million maximum. It also risks some or all of the following sanctions:

  • Posting of the court decision in the shop or in the media
  • Prohibition of the activity in question (e.g. butchery) permanently or for 5 years
  • Permanent or 5-year closure of the establishment

In case of a dispute, you have to alert the Population Protection Directorate (DDPP) of your department.

A trader who fails to comply with his obligation to report to Rappelconso is liable to a fine of 5th class (€1,500 maximum).

DDM

The date of minimum durability shall be one indicative date.

Once the date has passed, the product loses its taste or nutritional qualities (e.g. a decrease in the vitamin content), but it is not dangerous to health.

This is the case, for example, for dry, sterilized or dehydrated products (coffee, milk, fruit juices, dry cakes, cans, etc.).

FYI  

For some products, the MDD is not mandatory. For example, fresh fruits and vegetables, wine, vinegar, salt, sugar lumps, chewing gum.

The date of minimum durability of the products shall be preceded by one of the following:

  • "Best before ..." when the date includes the day,
  • "Use preferably before end ..." in other cases.

The accuracy of the date depends on the durability of the product:

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Less than 3 months

The manufacturer may only indicate the day and month on the product.

Between 3 months and 18 months

The manufacturer may only indicate the month and year on the product.

Over 18 months

The manufacturer may only indicate the year on the product.

A product can be offered for sale with an outdated DDM. This is not an offense (i.e. a fact prohibited by law).

Date of freezing

The date of freezing shall be the date on which the product has been frozen or on the date of 1re freezing if the product has been repeatedly frozen.

The following products must bear this date:

  • Frozen meat and meat preparations
  • Unprocessed frozen fishery products (fish, seafood...)

The words "Product frozen on..." shall appear on the labeling followed by the day, month and year or by a reference at the place where the date is indicated.

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