Requirements for the Food Distribution after Expiry of the Date of Minimum Durability

Issued pursuant to
Section 11.², Paragraph two of the Law
on the Supervision of the Handling of Food

1. The Regulation prescribes the groups of products, the type of and procedures for the distribution thereof, and also the time period within which it is permitted to distribute the food which has been labelled with "Best before..." (hereinafter - the food) after expiry of the date of minimum durability.

2. After expiry of the date of minimum durability, it is permitted to distribute packaged food within the groups of products referred to in Annex to this Regulation within the time period laid down in Annex to this Regulation, except for the food intended for infants and small children.

3. A food establishment (hereinafter - the donor) may donate the food:

3.1. directly to a final consumer;

3.2. directly to a long-term social care and social rehabilitation institution or another social service provider registered with the Register of Social Service Providers (hereinafter - the social service provider) if the social service provider ensures catering of customers or possibility to use the food brought along or prepared during activities;

3.3. transfer for donation to religious organisations and institutions thereof, associations and foundations which are engaged in charity, and also to social services of local governments (hereinafter - the recipient).

4. Only the donor registered with the Food and Veterinary Service in accordance with the laws and regulations regarding the procedures for the approval and registration of food establishments or the social service provider or recipient accordingly is entitled to donate and receive the food.

5. It is permitted to donate the food or deliver it for donation if it conforms with the safety requirements laid down in Article 14 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

6. It is permitted to donate the food to a long-term social care and social rehabilitation institution if the food conforms with the requirements which are laid down in the laws and regulations regarding the nutritional norms for educatees of educational institutions, clients of social care and social rehabilitation institutions and patients of medical treatment institutions.

7. When donating the food directly to a final consumer, the donor shall:

7.1. ensure a separate place for the distribution of the food;

7.2. comply with the hygiene requirements laid down in Annex II, Chapter I of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.

8. The donor or recipient shall ensure that the food intended for the donation to a final consumer is labelled with a special, clearly visible and indelible indication which confirms that the food is intended for donation, for example "For donation", "For charity".

9. The donor and recipient shall ensure the following for the food intended for donation:

9.1. traceability;

9.2. storage in conformity with the requirements indicated on the labelling.

10. The donor and recipient shall place indications at the place of the food distribution that the date of minimum durability, which is indicated on the labelling "Best before ...", has expired for the food intended for donation.

11. If the recipient has not distributed the food intended for donation within the laid down time period or the social service provider has not used the donated food, it shall be responsible for the destruction of it in conformity with the laws and regulations regarding the procedures for further use or destruction of the food unfit for distribution.

12. Cabinet Regulation No. 261 of 18 June 2019, Requirements for the Food Distribution After Expiry of the Date of Minimum Durability (Latvijas Vēstnesis, 2019, No. 124), is repealed.

Prime Minister A. K. Kariņš

Minister for Agriculture K. Gerhards

Annex
Cabinet Regulation No. 514
11 August 2020

[28 March 2023]

Groups of Food Products and Time Period within which it Is Permitted to Distribute the Food After Expiry of the Date of Minimum Durability "Best before..."

Translation © 2023 Valsts valodas centrs (State Language Centre)