New EU Listeria legislation will have a major impact on European food producers and retailers
“A level playing field for Dutch and Belgian RTE export: fair and food-safe”
The European Commission recently adopted the amendment to Regulation (EC) No 2073/2005. The changes will take effect on July 1, 2026, bringing a significant impact on food producers and retailers across Europe. “In the Netherlands and Belgium, we are already prepared for this amendment by the European Commission: the NVWA and FASFC (FAVV) already enforce strict requirements for validating Listeria control in ready-to-eat products. In other countries, however, this legislative change will have far-reaching consequences. Going forward, the rule is: if there is no scientific substantiation of Listeria growth, Listeria monocytogenes must be absent in 25 grams of the product throughout its entire shelf life,” says Max van Leeuwen, Director of Eurofins Food Safety Solutions. What exactly is changing, and what does this mean for the European market?
Work to be done across other European countries
To demonstrate that the growth of Listeria monocytogenes remains below 100 CFU/g, food producers and retailers across Europe must carry out thorough studies—such as predictive modeling and challenge tests—starting January 1, 2026. “The phrase ‘to the satisfaction of the competent authority’ is especially crucial here,” explains Van Leeuwen. “Exact requirements may therefore vary between member states. In the Netherlands, the NVWA has clarified its enforcement of Regulation (EC) 2073/2005 in Information Sheet 85 (Informatieblad 85). In Belgium, the FASFC outlined its requirements in the ‘Circular regarding Listeria monocytogenes in ready-to-eat food products’. Thanks to the implementation of both documents, the Netherlands and Belgium are leading the way in substantiating Listeria control. After all these years, every local food producer and retailer has this well in order. In all other European countries, that is not the case. There is substantial work to be done there.”
The trigger for amending the regulation
The discrepancy with Dutch standards is highlighted by a recent court case in Estonia. “A producer of a ready-to-eat fish product was unable to demonstrate whether the growth of Listeria monocytogenes was under control during shelf life, despite presence being detected in 25 grams of product. However, no enumeration/cell count had been carried out. The judge therefore ruled in favor of the producer: after all, there was no evidence that the legal limit of 100 CFU/g had been exceeded, even though the substantiation was not to the satisfaction of the competent authority. While this ruling aligned with the current letter of the law, it is completely undesirable from a food safety perspective. Several member states objected to this ruling, including the Netherlands. With the amendment to Regulation (EC) 2073/2005, interpretations like these will soon be a thing of the past,” according to Van Leeuwen.
“Ready-to-eat products originating from the Netherlands and Belgium currently often have a shorter shelf life than identical European products.”
A level playing field on the European market: fairer and safer
Implementing the Dutch and Belgian interpretation of Regulation (EC) 2073/2005 across Europe brings further benefits. Van Leeuwen: “In food production, equal rules mean equal opportunities. Ready-to-eat products originating from the Netherlands and Belgium currently often have a shorter shelf life than identical European products. For example, sliced ham might have a shelf life of 2 to 3 weeks in the Netherlands, while in countries outside the Netherlands and Belgium, it can be up to 4 weeks. As a result, retailers outside the Netherlands and Belgium currently experience comparatively less waste and lower logistics costs with ready-to-eat products, even when importing them. That is certainly not in our interest, setting aside the fact that food safety may be compromised.
Let us also hope that the EU proposes a harmonized approach to enforcement. Even now, differences exist between the Netherlands and Belgium: since March 13, 2023, Belgium has enforced regulations similar to those in the Netherlands, but requires a single challenge test for growth potential below 0.5 log. In the Netherlands, the NVWA accepts a predictive model study below 0.5 log growth potential, provided it follows standard protocols. I expect European authorities will eventually move toward a more harmonized model. A temporary positive release based on N=5 (5 subsamples from 1 batch) could be part of that in the event of a missing or rejected study. However, this type of testing offers a false sense of security: you should not manage Listeria monocytogenes through random sampling alone. You want to ensure safety through product formulation and process control. Moving forward, this will make the European RTE market considerably fairer and safer.”