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The phrase “where appropriate” appears up to 10 times in Regulation (EU) No 1169/2011 on food information to consumers. One example of its use is the requirement to indicate storage conditions or the date of minimum durability/use-by period after opening.
Pursuant to Article 25(2) of that Regulation:
“To enable appropriate storage or use of the food after opening the package, where appropriate, the storage conditions and/or the time limit for consumption shall be indicated.”
How should this phrase be understood, and when is it, in practice, recommended to include this information on the label?
Experience—as well as national case law (a 2018 Regional Administrative Court (WSA) judgment)—shows that deciding whether a given case should be considered “appropriate” can be difficult and may sometimes result in incorrect labelling, potential risks to consumer safety and, consequently, penalties.
What factors may be relevant when making this determination?
The nature of the product and its microbiological stability
packaging conditions, in particular the use of factors extending the shelf life of the packaged product (e.g. protective atmosphere/MAP)
the net quantity of the pack and the expected consumption pattern (single serving vs. multiple servings)
It should be kept in mind that omitting label information whose inclusion depends on the specific (“appropriate”) case must be justified.
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