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Upcoming EU legislation on food safety at a glance

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By: Institutional Cleaning | June 29, 2022 | Reading time: 4 minutes

The European Green Deal sets out how to make Europe the first climate-neutral continent by 2050. It maps a new, sustainable and inclusive growth strategy to boost the economy and improve people's health and quality of life.

The Farm to Fork Strategy is at the heart of the Green Deal. It addresses comprehensively the challenges of sustainable food systems and recognizes the inextricable links between healthy people, healthy societies, and a healthy planet. In the aftermath of the pandemic and the economic downturn, a transition is taking place that will heavily affect food operators and their value chains, in the EU and elsewhere.

Let's have a closer look at the new legislation resulting from this strategy, in particular relevant for Business-to-Consumer sectors such as food service, retail & hospitality, that is either already published or in the pipeline.

Tackling food waste

Proposal for EU-level targets for food waste reduction

Tackling food loss and waste is key to achieving sustainability. The Commission is committed to halving per capita food waste at retail and consumer levels by 2030. Using the new methodology for measuring food waste and the data expected from the Member States in 2022, it will set a baseline and propose legally binding targets to reduce food waste across the EU in 2022.

By the end of 2023, the Commission will propose legally binding targets to reduce food waste across the EU, defined against a baseline for EU food waste levels set following the first EU-wide monitoring of food waste levels.

The food waste reduction targets will be proposed as part of a wider initiative to revise the "Waste Framework Directive" which is expected to propose measures to reduce waste generation and to increase preparation for re-use or recycling of waste.

Better knowledge of "use by" and "best before dates" labels

All prepacked food must have information labels under EU law. But many consumers do not understand what the difference is between "use by" and "best before dates" labels. A better understanding of packaging could prevent food waste which is certainly key in a world where food security is no longer a guarantee.

"Use By" is all about food safety. It is an instruction to use food by a certain date, after which the food is no longer safe to consume. It appears on fresh, highly perishable food, fish, meat, salads, and dairy products that could cause you to become ill if eaten after the date. 

"Best before" relates to food quality. As long as you stick to storage instructions, the food will be safe to eat after the best before date but the flavour, smell, or texture may be affected. 

"Best before" therefore needs to be considered as a guideline used on foods with a longer shelf-life, like pasta, tinned foods, and breakfast cereal. Bacteria can't usually grow on these foods so food poisoning is not a concern. So, you don't necessarily need to throw it away just yet.

Information campaign

The European Commission estimates that up to 10% of the 88 million tons of food waste generated annually in the EU is linked to date marking on food products.  In a new information campaign, the Commission will inform the EU consumers about the packaging and promote a better understanding and use of date marking on food to help reduce food waste in the EU. 

Revision of EU legislation on food contact materials to improve food safety

The need for a re-evaluation of the current legislation

Food contact materials ("FCMs") include food packaging, everyday household items such as kitchen and tableware as well as machinery and surfaces used in food manufacturing, preparation, storage, transport and distribution. Whilst they are vital to the integrity and safety of the food supply chain, chemical substances can migrate from FCMs into food and thus contribute to consumers' exposure to those substances. Therefore in order to protect consumers, Regulation (EC) 1935/2004 sets basic EU rules for all FCMs, which aims to secure a high level of protection for human health.  The basic provisions of the present EU legislation were introduced in 1976 but until recently had never been evaluated.

Modernization of the rules for reusable and recyclable materials

Therefore in the second quarter of 2022, the EU food safety policy rules on food contact materials (e.g. food packaging, kitchen and tableware, and food processing equipment) will be reevaluated.  This initiative aims to modernize the rules, ensure food safety, and reduce the presence and use of hazardous chemicals taking account of the latest science & technology, and support innovation on FCMs within the philosophy of the Green Deal.

In particular, the Farm to Fork Strategy commits to revise the FCM legislation in order to improve food safety and public health in support of the use of innovative and sustainable packaging solutions using environmentally-friendly, reusable and recyclable materials, and contribute to food waste reduction. 

This new initiative is therefore critical to support the Circular Economy Action Plan (CEAP) including a follow-up to the 2018 Plastics Strategy, to ensure packaging is re-usable and recyclable. 

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