Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 99: To ask the Minister for Health and Children her plans to review food information labelling to introduce a use by label as the only one legally required; and if she will make a statement on the matter. [24298/09]

Trevor Sargent (Dublin North, Green Party)
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At present EU food labelling legislation is harmonised by Council Directive 2000/13/EC, transposed in 2002, with several amendments since. In January 2008, the European Commission presented its proposal for a new regulation updating and harmonising this legislation. This proposal, which is still under discussion, will both consolidate existing legislation in the area of food labelling and introduce certain new provisions, including a mandatory nutrition declaration and mandatory allergen labelling. In November 2008, Ireland submitted its position paper on the proposal. This paper was informed by submissions made to the FSAI by many of the key stakeholders. Ireland's position will be further informed by the outcome of an FSAI Consumer Survey. This is expected to be completed in June 2009.

EU food labelling requirements look to provide consumers with the information needed to make informed choices and to make safe use of food. A key principle underlying the labelling of food is that the purchaser must not be misled. The information on the label must be clear and unambiguous and must not be such as could mislead the consumer to a material degree "as to the characteristics of the foodstuff and, in particular, as to its nature, identity, properties, composition, quantity, durability, origin or provenance, method of manufacture or production".

The current rules on date of minimum durability, as set out in Article 9 of 2000/13/EC, require one of two options. Foodstuffs, which from a microbiological point of view are highly perishable and are, therefore, likely after a short period to constitute an immediate danger to human health, must indicate a "use by date". However, other foodstuffs which can reasonably be expected to retain the specific properties that are normally associated with that foodstuff carry a "best before date".

These minimum durability requirements have been incorporated into the new EU proposal for the provision of food information to consumers.