ARTICLE 9

1 . THE DATE OF MINIMUM DURABILITY OF A FOODSTUFF SHALL BE THE DATE UNTIL WHICH THE FOODSTUFF RETAINS ITS SPECIFIC PROPERTIES WHEN PROPERLY STORED . IT SHALL BE INDICATED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE . 2 . THE DATE SHALL BE PRECEDED BY THE WORDS : BEFORE THE EXPIRY OF A PERIOD OF SIX YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , SHALL DECIDE ON THE COMMON DATE-INDICATION ARRANGEMENTS FOR HIGHLY PERISHABLE FOODSTUFFS OF THE SORT REFERRED TO IN THE SECOND SUBPARAGRAPH . 3 . THE WORDS REFERRED TO IN PARAGRAPH 2 SHALL BE ACCOMPANIED BY : 4 . THE DATE SHALL CONSIST OF THE DAY , MONTH AND YEAR IN UNCODED CHRONOLOGICAL FORM . HOWEVER , IN THE CASE OF FOODSTUFFS : 5 . IN THEIR OWN TERRITORIES THE MEMBER STATES MAY PERMIT THE MINIMUM DURABILITY PERIOD TO BE EXPRESSED OTHERWISE THAN IN TERMS OF THE DATE OF MINIMUM DURABILITY . WITHOUT PREJUDICE TO THE NOTIFICATION PROVIDED FOR IN ARTICLE 22 , MEMBER STATES SHALL NOTIFY THE COMMISSION AND THE OTHER MEMBER STATES OF ANY MEASURE TAKEN UNDER THIS PARAGRAPH . 6 . SUBJECT TO THE COMMUNITY PROVISIONS GOVERNING THE PRODUCTS BELOW , AN INDICATION OF THE DATE OF MINIMUM DURABILITY SHALL NOT BE REQUIRED FOR : " BEST BEFORE ... " WHEN THE DATE INCLUDES AN INDICATION OF THE DAY , " BEST BEFORE END ... " IN OTHER CASES . HOWEVER , IN THE CASE OF CERTAIN FOODSTUFFS WHICH , FROM THE MICROBIOLOGICAL POINT OF VIEW , ARE HIGHLY PERISHABLE , MEMBER STATES MAY REQUIRE THE WORDS " USE BEFORE : ... " TO BE INDICATED . WITHOUT PREJUDICE TO THE NOTIFICATION PROVIDED FOR IN ARTICLE 22 , MEMBER STATES SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES OF ANY MEASURE TAKEN PURSUANT TO THIS SUBPARAGRAPH . EITHER THE DATE ITSELF , OR A REFERENCE TO WHERE THE DATE IS GIVEN ON THE LABELLING IF NEED BE , THESE PARTICULARS SHALL BE FOLLOWED BY A DESCRIPTION OF THE STORAGE CONDITIONS WHICH MUST BE OBSERVED IF THE PRODUCT IS TO KEEP FOR THE SPECIFIED PERIOD . WHICH WILL NOT KEEP FOR MORE THAN THREE MONTHS , AN INDICATION OF THE DAY AND THE MONTH WILL SUFFICE , WHICH WILL KEEP FOR MORE THAN THREE MONTHS BUT NOT MORE THAN 18 MONTHS , AN INDICATION OF THE MONTH AND YEAR WILL SUFFICE , WHICH WILL KEEP FOR MORE THAN 18 MONTHS , AN INDICATION OF THE YEAR WILL SUFFICE . THE MANNER OF INDICATING THE DATE MAY BE SPECIFIED ACCORDING TO THE PROCEDURE LAID DOWN IN ARTICLE 17 . FRESH FRUIT AND VEGETABLES , INCLUDING POTATOES , WHICH HAVE NOT BEEN PEELED , CUT OR SIMILARLY TREATED , WINES , LIQUEUR WINES , SPARKLING WINES , AROMATIZED WINES , FRUIT WINES AND SPARKLING FRUIT WINES , BEVERAGES CONTAINING 10 % OR MORE BY VOLUME OF ALCOHOL , BAKERS' OR PASTRY-COOKS' WARES WHICH , GIVEN THE NATURE OF THEIR CONTENT , ARE NORMALLY CONSUMED WITHIN 24 HOURS OF THEIR MANUFACTURE , VINEGAR , COOKING SLAT , SOLID SUGAR , CONFECTIONERY PRODUCTS CONSISTING OF FLAVOURED AND/OR COLOURED SUGARS .

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Source: EUR-Lex (Cellar) · retrieved 2026-11-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.