Food Safety and Standards Authority of India has defined ‘Best before’ and ‘Use by date’ and also laid down the regulations of how to label this important information on packaged foods in FSS (Packaging & Labelling) Regulations, 2011.
“Best before” is the date on the label that indicates the end of the period in which the condition of the food, under storage, will remain as stated. During this period the food product will remain fully marketable and shall retain all those specific qualities which it is understood to have or which have been claimed on the label. After this date the food may still be safe to consume but the quality would have deteriorated. However, the food product will not be sold after the ‘best before’ date if it becomes unsafe for the consumer.
“Use by date” or “Recommended last consumption date” or “Expiry date” is the date on the label that indicates the estimated end of the stated storage period after which the condition of food will probably not have the quality and safety attributes normally expected by the consumers and the food shall not be sold.
What is a Packaged Food?
Any food article which could be in raw, half processed or processed condition and is covered with a packaging material to protect it from physical, chemical and microbial contamination, also having a label giving information about the food product. The packaging should be in such a manner that contents cannot be changed without tempering it and which is ready for sale to the consumer
The following instructions have to be followed when displaying the dates on the labels:
The words MONTH and YEAR up to which the food is best for consumption have to be written in CAPITAL letters.
BEST BEFORE ……….MONTHS AND YEAR
OR
BEST BEFORE………. MONTHS FROM PACKAGING
OR
BEST BEFORE …………MONTHS FROM MANUFACTURE
The blank spaces have to be filled up with the actual dates.
(Eg. BEST BEFORE JULY 2014 OR BEST BEFORE 12 MONTHS FROM PACKAGING)
In case of package or bottle containing sterilised or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing bread, ‘dhokla,’ ‘bhelpuri’, pizza, doughnuts, ‘khoa’, ‘paneer’, or any uncanned package of fruits, vegetable, meat, fish or any other like commodity, then the display on the label will be as follows:
BEST BEFORE ……….DATE/MONTH/YEAR
OR
BEST BEFORE……..DAYS FROM PACKAGING
OR
BEST BEFORE …….. DAYS FROM MANUFACTURE
NOTE: You have to fill up the blank space with actual date. Month and year may be written in numerals, year may be given in two digits)
(Eg. BEST BEFORE 25/07/14 or as BEST BEFORE 25 July 2014)
• On packages of Aspartame, you have to mention ‘Use by date/recommended last consumption date/expiry date’ and not ‘Best Before’. ‘Use by date; cannot be more than three years from the date of packing.
• In case of infant milk substitute and infant foods mention only ‘Use by date/recommended last consumption date/expiry date’ on the label and NOT ‘Best before’.
• The ‘best before date does not have to be written on wines and liquors or alcoholic beverages that contain 10% or more of volume of alcohol content.
• ‘Best before’ also does not apply to carbonated water (plain soda and potable water impregnated with carbon dioxide under pressure) packed in returnable glass bottles.
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subhash shah says
If the sample is taken after it’s best before date. If the sample while analysis fit from consumption as per laboratory report. Can this sample be prosecuted? or it is a breach of FSS Act under which section?
subhash shah says
Food samples are taken by Municipal authority by their own FSO and send to their own laboratory for analysis. The analysis report sent to their DO. After non compliance of FSS Act 2006 or breach of the FSS Act , FSS Rules , FSS Reg section ,the sampleis declared as misbranded or sub standard or unsafe and the same is punishable after the scrutiny of Adujucting officer.
The fine is decided as punishment. The question is where as the fine amount shall be deposited, in municipal treasury or state government treasury. Is there any provision under the FSS Act 2006. ?
FSH Team says
Such penalty amount will be remitted in the form of a crossed demand draft drawn on a nationalized bank in favour of ‘Adjudicating Officer’ of the district payable at the station where the adjudicating officer is located.
You can also confirm from your lawyer who is representing your case to the Adjudicating officer.
FSH Team says
We are in view in this case, there seems no violation of FSS Act, Rules & Regulations.
Narendra says
Date of manufacture is the basic requirement of labeling, “best before” is an additional featurre.. Do you agree? Some manufacturers get away by giving only the ” use by'” date.
What action do you propose, if any?
FSH Team says
In general the Date of manufacturing/ date of packing and Best Before Date are the mandatory requirements to be mentioned. In few cases, in place of best before date, use by date or expiry date is required to be given and in some cases there are exemptions provided for these dates just to understand the whole thing, in through knowledge of packaging and labelling regulation is required. We offer consultancy on labelling guidelines and in case you have any specific query so you may please contact us for the same.
Anish says
I have seen use by date on ‘milma’ packed milk and use upto date on their packed curd product. What is difference between use by date and use upto date
Rajakumar says
Is it permissible to sell the beer after the “BEST BEFORE USE”? What” Food safety and standards Authority of India” acts says?
Anil Sachan says
Dear Sir,
Kindly suggest us, whether sticker can be used on flexible container ( Plastic Pouch ) as a label for different product in a common pouch as per FSSAI regulation.
SHAMEENA says
If the product having a shelf more than 30months.do we need to mention the period after opening symbol? is it ok if we mention only production date and expiry date.?
gulshan says
For labeling which rules we follow 1. Legal metrology Package commodities or 2. FSSAI or 3. FDA or any else is their other dept by govt.
please reply
FSH Team says
FSSAI defines the guidelines about the labelling of the food articles as what all information should be available on the label of the package and how that information should be given on the label.
Legal metrology has specified the guidelines on the following:
The Name Address, Telephone No, E-mail address of the Person who can be or office of which can be contacted in case of consumer complaints.
MRP Rs…../- ….Incl , of all taxes
Net Quantity: Weight variation and manner of declaration
Commodities to be packed in Specific Quantities
For all food articles only FSSAI regulations shall be considered. The Food & Drug Department of the state will have a say wherever it is given powers under Food Safety and Standards Act, Rules & Regulations.
So, for Packaging & labelling of the food articles, the FSS (Packaging & Labelling) Regulations, 2011 and Legal Metrological (Packaged Commodity) Rules need to be considered by the Food Business Operators.
rgds,
FSH Team
Vish says
Now I going to purchase .. A packets of nuts .. Labeled manufacturing date January 2017.. Best before 6 months.. When a customer purchase that packets in June 25. He can only eat that product in 5 days .. After June its not good to use. So maybe its more than 1kg.. How I use my balance nuts . You have any idea about this