On 1 July 2026, EU Regulation 2024/2895 came into force creating a significant amendment of the rules concerning Listeria monocytogenes.
Food business operators must ensure that their food is safe. Food contaminated with this bacterium makes food unsafe and these new rules imposed a further obligation on operators to ensure the safety of consumers.
Businesses will be familiar with the general requirements of EU Regulation 2073/2005 on microbiological criteria for foodstuffs that require sampling and testing of certain foodstuffs to check for the presence of specified micro-organisms (including L. monocytogenes). These rules are part of the general and specific hygiene measures found in Article 4 of the Hygiene of Foodstuffs Regulation (852/2004) and the validation and verification of HACCP systems.
The new rules
The change applies to foods listed in food category 1.2 in Annex I to Regulation 2073/2005 namely ‘Ready-to-eat foods able to support the growth of L. monocytogenes, other than those intended for infants and for special medical purposes’.
Prior to 1 July 2026, the criterion of ‘not detected in 25 g’ applied ‘Before the food has left the immediate control of the food business operator, who has produced it’.
The significant change that applies from 1 July 2026 means that the criterion now applies to ‘Products placed on the market during their shelf-life’.
The limit of ‘not detected in 25 g’ now applies ‘if the producing food business operator has not been able to demonstrate, to the satisfaction of the competent authority, that the level of L. monocytogenes will not exceed the limit of 100 cfu/g throughout the shelf-life of the foods …’.
If sampling shows the presence of this bacterium if a food, the business operator will need to prove that this will not exceed that limit during the product’s shelf-life. This proof must exist before an incident occurs (i.e. it is not permissible to retrospectively seek to provide evidence once an incident has been detected).
Why must FBOs must take urgent action to comply?
Business operators must immediately review their procedures and the shelf-life of the RTE foods described above. They may have the capacity to do this internally, or they may need their external consultants to assist. This must be done to ensure that FBOs comply with their legal obligation to supply food that is safe.
It is likely that some food businesses will not have adapted their procedures to meet the change and this may lead to increased non-compliance with the new rule. This may increase the risk of a food becoming unsafe which may lead to consumers being made ill and the business operator risks facing enforcement or other legal action.
Where can I find further information?
As I always say, the first reference point must be to the law itself. This is what matters and this is what determines compliance and non-compliance. This link is to the new Regulation 2024/2895 Regulation – EU – 2024/2895 – EN – EUR-Lex, but it is also important to see how that fits into the existing Regulation 2073/2005 EUR-Lex – 02005R2073-20260701 – EN – EUR-Lex.
The Food Safety Authority of Ireland is holding a listeria webinar on 28 July 2026 Breakfast Bite: How to implement a robust Listeria Environmental Monitoring (LEM) Programme | Food Safety Authority of Ireland
and, as usual, it has published helpful guidance on the control of L. monocytogenes:
Advice for food businesses – Advice for food businesses on the new criterion for L. monocytogenes in ready-to-eat food | Food Safety Authority of Ireland
Guidance Note 45 – Guidance on Environmental Monitoring of Listeria monocytogenes in Ready-to-Eat Business Operations Guidance Note 45 Guidance on Environmental Monitoring of Listeria monocytogenes in Ready-to-Eat Food | Food Safety Authority of Ireland
Regard may also be had to Guidance Note 46 – Controlling Listeria monocytogenes and Ensuring Food Safety in the Production of Certain Cook/Chilled Ready-to-Heat Meals Guidance Note 46 Controlling Listeria monocytogenes and Ensuring Food Safety in the Production of Ce | Food Safety Authority of Ireland
And to the FSAI website more generally Home | Food Safety Authority of Ireland
How can we help?
If your competent authority is threatening or is taking enforcement action, we can help by advising and guiding you through the process. We can also liaise with the authority if necessary and, if the worst happens, we can represent you in court to defend and protect your interests.
If you don’t have a food safety consultant, we can provide you with the contact details of people who might be able to assist.
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk
This article is provided for information only and does not constitute legal advice. Formal legal advice should always be obtained before taking or refraining from taking any action.
Any comment or views expressed in this content are personal.