FRENCH REPUBLIC Ministry of the Economy, Finance and the Recovery
Decree No 2022-1440 of 17 November 2022 on detailed rules for informing consumers about the suitability of foodstuffs for consumption

Decree No  of
NOR: ECOC2230422D
ELI: https://www.legifrance.gouv.fr/eli/decret/2022/11/17/ECOC2230422D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2022/11/17/2022-1440/jo/texte
JORF No 0267 of 18 November 2022
Text No 3

on detailed rules for informing consumers about the suitability of foodstuffs for consumption after their date of minimum durability

NOR: […]

Target audience: consumers; food industry professionals; distributors of agricultural products or foodstuffs; administration.

Subject: consumer information on the suitability of foodstuffs for consumption after their date of minimum durability.

Entry into force: the text shall enter into force the day after its publication.

Notice: the decree is made pursuant to Article L. 412-7 of the Consumer Code resulting from Article 35 of the Law no 2020-105 of 10 February 2020 on the fight against waste and the circular economy. It specifies the indication to be used by professionals when, as permitted by Article L. 412-7 of the Consumer Code, they choose to inform consumers that a food product remains consumable after date of minimum durability.

.

Target audience: consumers; food industry professionals; distributors of agricultural products or foodstuffs; administration.
Subject: consumer information on the suitability of foodstuffs for consumption after their date of minimum durability.
Entry into force: the text shall enter into force the day after its publication.
Notice: the decree is made pursuant to Article L. 412-7 of the Consumer Code resulting from Article 35 of the Law no 2020-105 of 10 February 2020 on the fight against waste and the circular economy. It specifies the indication to be used by professionals when, as permitted by Article L. 412-7 of the Consumer Code, they choose to inform consumers that a food product remains consumable after date of minimum durability.
References: the text can be consulted on the Légifrance website (https://www.legifrance.gouv.fr).

The Prime Minister,

On the report of the Minister for the Economy, Finance and the Recovery,

On the report of the Minister for the Economy, Finance and Industrial and Digital Sovereignty,
Having regard to the amended Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 as amended on the provision of food information to consumers, in particular Articles 9, 13 and 45 thereof;

HAVING REGARD TO the Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text), and in particular notification No year/XXX/F;

Having regard to the Consumer Code, in particular Article L. 412-7 in its wording resulting from Article 35 of Act No 2020-105 of 10 February 2020 on the fight against waste and the circular economy;

Having regard to the Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text), and in particular notification No 2022/0300/F;
Having regard to the Consumer Code, in particular Article L. 412-7 in its wording resulting from Article 35 of Act No 2020-105 of 10 February 2020 on the fight against waste and the circular economy,
Decrees:

Article 1

After Article R. 412-7 of the Consumer Code, an Article D. 412-7-1 is inserted as follows:

“ Art. D. 412-7-1. - I. The reference provided for in Article L. 412-7 is one of the following:
“ Art. D. 412-7-1. - I. The reference provided for in Article L. 412-7 is one of the following:

The addition of the words: “ For optimal tasting," before the indication of the date of minimum durability under the conditions laid down in 1 of Annex X to Regulation (EU) No 1169/2011;
For optimal tasting," before the indication of the date of minimum durability under the conditions laid down in 1 of Annex X to Regulation (EU) No 1169/2011;
This product may be consumed after this date” or any indication with the equivalent meaning for the consumer, in the visual field of the indication of the date of minimum durability mentioned above;
‘- The combination of the above two indications.

The addition of the sentence: “ This product may be consumed after this date” or any indication with the equivalent meaning for the consumer, in the visual field of the indication of the date of minimum durability mentioned above;

The combination of the above two indications.

“ II. The entry provided for in I shall be presented under the conditions laid down in Article 13 of the Regulation (EU) No 1169/2011.

“ III. This Article shall apply to foodstuffs manufactured and marketed in the national territory. ”
“ II. The entry provided for in I shall be presented under the conditions laid down in Article 13 of the Regulation (EU) No 1169/2011.
“ III. This Article shall apply to foodstuffs manufactured and marketed in the national territory. ”

Article 2

The Minister of the Economy, Finance and the Recovery and the Minister Delegate to the Minister for the Economy, Finance and the Recovery, in charge of small and medium-sized enterprises, are responsible for the application of this Decree, which will be published in the Official Journal of the French Republic.
The Minister of the Economy, Finance and Industrial and Digital Sovereignty and the Minister Delegate to the Minister for the Economy, Finance and the Industrial and Digital Sovereignty, in charge of small and medium-sized enterprises, trade, crafts and tourism, are responsible, each one insofar as he or she is concerned, for the application of this Decree, which will be published in the Official Journal of the French Republic.

Done on
Done on 17 November 2022.

Élisabeth Borne
By the Prime Minister:

The Minister of the Economy, Finance and the Recovery,
The Minister of the Economy, Finance and Industrial and Digital Sovereignty,
Bruno Le Maire

Bruno LE MAIRE

The Minister responsible for small and medium-sized enterprises,

Jean-Baptiste LEMOYNE
Minister Delegate to the Minister for Economy, Finance and Industrial and Digital Sovereignty, responsible for small and medium-sized enterprises, trade, crafts and tourism,
Olivia Grégoire