The ban on freezing pre-packaged meat close to its expiry date – by catering establishments, to extend its shelf-life – was clarified by the European Commission back in 2019. Since this practice is still in vogue, it is considered appropriate to delve deeper into the topic.
1) Ban on freezing meat close to its expiry date. The case
The Ministry of Health in Italy had submitted a question to the European Commission in relation to a batch of pre-packaged vacuum-packed refrigerated fresh beef of US origin, imported into the EU and subsequently frozen before the expiry date by the giant Inalca SpA (1)
The veterinary authorities of the Lombardy Region had contested the irregularity of this practice and the trade association Assocarni had therefore turned to the Ministry of Health, to infer that:
– ‘fresh imported meat, in compliance with the constant maintenance of the
cold chain, matures during the journey and it is the food business operator who establishes when such meat, while maintaining the health and hygiene standards, has acquired the required organoleptic qualities.
– it is not possible to absolutely standardise the necessary maturation period since it depends on a series of elements such as the type and level of fattening of the animal, the cut, the type of vacuum used etc.’
2) Opinion expressed by the European Commission
The European Commission, in response to a question from the Italian Ministry of Health, has:
-highlighted the risk that this practice ‘can be used to hide deterioration’, with possible prejudice to the ‘meat safety’ and induction in ‘consumer error about the quality of meat on sale’. As well as
– clarified that the ‘stabilization period’ of the pH of meat, even if referred to in Hygiene 2 Regulation (EC) No 853/2004, cannot continue indiscriminately until the expiry of refrigerated products. (2)
3) Stabilization and freezing
The stabilization phases and freezing of meat, the Commission continues, must be carried out within the time limits prescribed by Regulation (EC) No 853/2004 without any margins of flexibility. In fact:
– stabilization lasts a few days and takes place before being placed on the market. And in any case
– the ‘meat intended for freezing must be frozen without undue delay, taking into account any stabilisation period that may be necessary before freezing itself'(3)
– the obligation to freeze meat without delay was reiterated in the ‘EU Guidelines on Food Donation’ (4,5)
– This obligation would not have been expressed with such clarity if the European legislator had intended to allow the freezing of meat at any stage of the supply chain.
4) Responsibility of catering and food service establishments
Catering establishments and the food service in general – public establishments, cafeterias, canteens, food delivery, catering establishments – have specific responsibilities, as we have seen, in terms of hygiene and health self-control. (6)
Good hygiene practices and HACCP, even if simplified, include the duty of traceability of food and registration of any thermal abatement procedures, as has also been seen in relation to fish. (7)
5) Freezing activities in restaurants
The freezing of fresh ingredients, semi-finished products (e.g. soffritti, pizza bases, croquettes) and various preparations, in restaurants and food service activities, is a very widespread practice that responds to various operational needs. Beyond the ban on freezing pre-packaged meats close to their expiry date – which can instead be prepared, before thermal blast chilling, in order to prevent unnecessary food losses – freezing can be legitimately carried out in compliance with some fundamental conditions:
– update of the registration with the competent health authority, where the freezing activity is specified
– inclusion of this activity in the self-control manual, with specific provisions which must include, among other things,
– technical requirements of the systems and temperature control
– recording of operations and labelling of frozen products (with freezing date and minimum shelf life)
– use of primary packaging suitable for frost-free storage
– refrain from freezing defrosted products, unless they have been subjected to processes that include appropriate cooking (e.g. roasting), to ensure their microbiological stability.
6) Official controls and sanctions
The health authorities in Italy have implemented the indications of the Ministry of Health on the prohibition of freezing pre-packaged meat close to the expiry date to extend its commercial life. Also through specific circulars, such as that of the Local Social Health Unit Agency n. 7 Pedemontana cited in the note. (8)
It is specified in particular that ‘In the event of the discovery of meat treated in this way during the official control, the authorities will proceed with a health blockade and any other measure deemed necessary to remove it from the market, as well as imposing the corresponding administrative sanctions unless the act constitutes a crime.‘ (8,9).
Dario Dongo
Footnotes
(1) Ministry of Health, DGISAN. Note 13.5.19 n. 0029822-P. Application of Reg. (EC) n. 853/2004 on the freezing of imported fresh meat
(2) European Commission, DG Sante. Ares Note 8.4.19 No 2456574
(3) Reg. (EC) No 853/04, Annex III, Section I, Chapter VII, point 1
(4) Dario Dongo, Andrea Adelmo Della Penna. Redistribution and donation of surplus food, the ABC. GIFT (Great Italian Food Trade). 11.11.22
(5) Communication from the Commission. EU guidelines on food donation (2017/C 361/01). https://tinyurl.com/yb346m9z See Section 5.4
(6) Dario Dongo. Hygiene in restaurants, the ABC. GIFT (Great Italian Food Trade). 27.12.17 https://www.greatitalianfoodtrade.it/ristorazione/igiene-nei-ristoranti-labc/
(7) Dario Dongo. Filthy or frozen fish? GIFT (Great Italian Food Trade). 28.12.17 https://www.greatitalianfoodtrade.it/ristorazione/pesce-abbattuto-o-congelato/
(8) Local Social Health Unit Agency n. 7 Pedemontana, Prevention Department, UOC of the Veterinary Service for the Hygiene of Food of Animal Origin. Note from the FF Director Fabrizio de Stefani, 25.5.19, Prot. n. 45927. Subject: it is forbidden to freeze pre-packaged meat close to its expiry date to extend its commercial life
(9) Violation of the above rules may lead in Italy, depending on the case, to the application of:
– administrative sanctions for failure to trace products (legislative decree 5 April 2006 n. 190, implementing the General Food Law (EC Reg. 178/02). Consolidated text at 13.7.24 on Normattiva https://tinyurl.com/bdfrkedk
– other administrative sanctions for violation of the rules established in the Hygiene Package (EC regulations 852,853, 04/6 and subsequent ones), with particular regard to failure to record the activities carried out and deficiencies in the self-control manual (legislative decree 2007 November 193, n. 7.7.10. Consolidated text at XNUMX on Normattiva https://tinyurl.com/mu6bbj35)
– criminal sanctions with possible decriminalization, for the possession of products in poor condition (law 283/1962, article 5.1.b. Consolidated text at 20.3.24 on Normattiva https://tinyurl.com/3f29r7st
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
