401 Deputy Arthur Morgan asked the Minister for Health and Children the sell by date regulations currently in place for agri-food products; the sell by date regulations that are in place in relation to imported agri food products; and if she will make a statement on the matter. [38688/09]

At present EU food labelling legislation is harmonised by Council Directive 2000/13/EC, transposed in 2002, with several amendments since. These regulations apply to prepackaged foods whether produced in Ireland or elsewhere. These regulations include a provision which requires that prepackaged foods carry a date of minimum durability on the label. The date of minimum durability is defined as the date until which a foodstuff retains its specific properties when properly stored. 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".

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.