Market study on date marking and other information provided on food labels and food waste prevention : final report.

European law (Regulation (EU) No 1169/2011 on Food Information to Consumers (the “FIC Regulation”)) requires that most pre-packed foods display a date mark and accompanying wording that explains whether the date signals a threshold in the product’s safety (“use by”) or its quality (“best before”). The date mark is intended for use by consumers but also informs food chain operations, examples being retailers’ stock management and food redistribution systems. This study has been carried out to help inform actions of the European Union (EU) to prevent food waste, as part of the Circular Economy Action Plan. The study examined the practical application of EU date labelling legislation and its implications for food waste prevention. It involved: desk research on the use of date labels and their links to food waste in the supply chain and in the home, including a review of EU food waste data to identify the main categories of foods contributing to food waste; market research to collect and analyse date labels on 2,296 products of ten pre-defined food product types (pre-prepared fruit/ vegetables, pre-packed sliced bread, chilled fish, sliced ham, fresh milk, yoghurts, hard cheese, chilled fresh juice, pre-prepared chilled pasta, and sauce (ketchup) that were purchased during 109 retail store visits in eight EU Member States (Germany, Greece, Hungary, the Netherlands, Poland, Slovakia, Spain and Sweden); and consultations with food businesses, national regulators and other stakeholders on their understanding and application of relevant aspects of the FIC Regulation. The study estimates that up to 10% of the 88 million tonnes of food waste generated annually in the EU are linked to date marking. The main food categories contributing to food waste were fruit and vegetables, bakery products, meat including fish and poultry, and dairy products. The over-arching conclusion from the analysis of EU food waste data is that any proposals to reduce food waste by driving improvements to labelling practices should focus on those food product types for which the consumer decision to discard is likely to be informed by reading the on-pack label; and whose contributions to EU food waste is significant. Of food product types used in the market research, the greatest opportunities for prevention of food waste in relation to date marking exist for milk and yoghurts, fresh juices, chilled meat and fish. For other product types, the consumer decision to discard is more likely to be informed by visual cues that indicate a decline in product quality and palatability. Interviewees showed high awareness of the FIC Regulation and its requirements, and the market survey showed a high level of compliance. Almost 96% of products sampled carried either a “best before” or “use by” date mark and accompanying wording that were in line with the provisions of the FIC Regulation. However, the legibility of date marks was judged to be poor on 11% of products sampled. The market survey found variation in date marking practices within product types and among Member States. Of the ten product types sampled for this study, only sauce, sliced bread, and fresh juice had predominantly the same type of date mark in all eight Member States surveyed. The other product types tended to display a “use by” date mark in some Member States but a “best before” date mark in others. Some otherwise identical products manufactured by international brands displayed a “use by” date in one Member State and a “best before” date in another, and no significant difference was found between the average remaining life values for “use by” and “best before” labelled products of the same type. There was also wide variation in the storage and open life advice found on the same type of product. Interviewees advised that the choice of date mark was influenced by different factors such as food safety and technology considerations, national customary practice, and company-specific factors. Shelf life is normally determined by safety and quality but other factors can affect the specified date, such as producers’ expectations of how consumers will store food, retail practices in relation to date marking and the supply chain’s temperature regime for chilled foods in the country where the food will be sold. The study recommendations call for the production of technical guidance for food businesses on how to: determine shelf life; choose between “use by” and “best before” date marks; specify storage advice and open life instructions; and examine opportunities for possible extension of product life. The study also calls for specific action by food producers to remedy the problem of illegible labels. Evidence from desk research and stakeholder interviews suggests that many consumers do not understand date marks, including the distinction between “use by” and “best before”; however, stakeholders were divided as to whether there would be merit in changing the terminology. There was also widespread support for pursuing consumer information campaigns on date marking, which the study authors advise should be informed by results of previous initiatives. Further research is also needed regarding consumers' use of date marks and storage advice in order to help to inform future policy making.