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

Verified 03 October 2019 - Directorate for Legal and Administrative Information (Prime Minister), Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)

There are 2 categories of food use-by dates: the use-by date (TLD) and the minimum durability date (MDD), which replaces the optimal use-by date (OEL). 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.

Definition

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

It is indicated on perishable and packaged food products: meat already cut, cold cuts, refrigerated cooked dishes, yogurts...

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

Indication

A DLC shall be indicated by: For consumption until... followed by the day, month and, where applicable, the year.

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

Sale of expired products

Penalties differ depending on whether the expired product is offered for sale merely through negligence or with 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.

In case of simple negligence, the seller of the expired products risks a fine of €1,500 by expired product offered for sale.

In the event of a dispute, the Population Protection Directorate (DDPP) of his department should be alerted.

Sale with 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It is an offense to mislead a seller who willfully sells out-of-date products in an attempt to deceive his customers.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 an offense of deception (trader, department head...) may be punished by up to:

  • 7 years in prison
  • and €750,000 a fine (if the facts are serious, the fine may be increased to 10%turnover in the year preceding the infringement).

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 these sanctions:

  • posting of the judicial decision in the shop or in the media,
  • a ban on engaging in the offending activity (e.g. butchery) permanently or for five years,
  • the permanent closure or for 5 years of the establishment.

In the event of a dispute, the Population Protection Directorate (DDPP) of his department should be alerted.

Definition

The date of minimum durability shall be an indicative date. Once the date has passed, the product loses its taste or nutritional qualities (e.g. decrease in the vitamin content), but 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: fresh fruits and vegetables, wines, vinegars, salt, sugar pieces, chewing gums...

Loss of product quality

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

  • To be consumed preferably before... when the date includes the day indication,
  • or To be consumed before end ... in other cases.

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

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Product durability date less than 3 months

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

Product durability date from 3 months to 18 months

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

Product durability date greater than 18 months

The manufacturer may only indicate the year on the product.

Sales of products with DDM exceeded

A product can be offered for sale with an outdated DDM. That is not an offense.

The date of freezing shall be:

  • on the date on which the product was frozen
  • or on the date of 1re freezing if the product has been frozen several times.

This date is mandatory for certain products:

  • frozen meat,
  • frozen meat preparations,
  • unprocessed frozen fishery products (fish, seafood...).

It shall state on the packaging: "Product frozen on ..." followed by the day, month and year.

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