Determining the shelf–life of food products - Part 3

5. Shelf life and date marking requirements

Food for sale must be date marked on labels

(1) For the labelling provisions, the date marking information is:

    (a) if there is a *use-by date for the food—that date; or

    (b) otherwise—any of:

        (i) the *best-before date of the food; or

        (ii) for bread that has a shelf life of less than 7 days:

            (A) the best-before date; or

            (B) the *baked-for date; or

            (C) the *baked-on date.

(2) The date marking information is not required if:

    (a) the *best-before date of the food is 2 years or more after the date it is determined; or

    (b) the food is an individual portion of ice cream or ice confection.

(3) Despite subsection (1), if the food is in a small package, the only date-marking information required is the *use-by date (if any)

Date marking can be either a ‘use-by’ or a ‘best-before’ date and begins from the time when the food is prepared or manufactured. Additional date marking options are provided for bread with a shelf life less than seven days  

“Best-before date, for a food for sale, means the date up to which the food for sale will remain fully marketable and will retain any specific qualities for which express or implied claims have been made, if the food for sale:

a) remains in an intact package during its storage; and

b) is stored in accordance with any storage conditions applicable requires that the label on a package of food must include directions for the use of the food or the storage of the food, or both.

Use-by date, for a food for sale, means the date after which it is estimated that the food for sale should not be consumed because of health or safety reasons, if the food for sale:

a) remains in an intact package during its storage; and

b) is stored in accordance with any storage conditions applicable requires that the label on a package of food must include directions for the use of the food or the storage of the food, or both.

‘Use-by’ dates may be applied where the date marking is required for:

 health reasons, e.g. to comply with the label declaration of a nutrient; or

 for safety reasons, e.g. to remain safe (due to the presence and/or growth of pathogenic microorganisms and any toxic substances produced)