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25.11.2024 - Foods

New legislative requirements for Listeria monocytogenes in ready-to-eat foods

On November 20, 2024, the new Regulation (EU) 2024/2895 was published in the Official Journal of the European Union. It contains new requirements for microbiological criteria for Listeria monocytogenes in ready-to-eat foods that may promote the growth of these bacteria.

For foods in categories 1.1 and 1.3 of Annex I of Regulation (EC) No. 2073/2005, there are no changes. This also applies to foods in category 1.2, if the manufacturer can satisfactorily demonstrate to the authority that the number of Listeria monocytogenes does not exceed the value of 100 cfu/g throughout the shelf life. For these foods, as with category 1.3 foods, the limit of 100 cfu/g applies until the end of the shelf life.

For ready-to-eat foods that may promote the growth of Listeria monocytogenes, the stage of application of the limit "Not detectable in 25g in each of 5 samples" has changed. According to the new regulation, this limit will generally apply to products placed on the market until the end of their shelf life from July 1, 2026. Previously, the criterion "Not detectable in 25g in each of 5 samples" in Regulation (EC) No. 2073/2005 referred to the manufacturer's level. As a result, future legal requirements concerning Listeria monocytogenes in many ready-to-eat foods will be significantly stricter at the trade level.

This change means a significant increase in microbiological-hygienic requirements for all ready-to-eat foods that may promote the growth of Listeria monocytogenes, as Listeria monocytogenes is regularly found in raw plant and/or animal ingredients as well as in the production environment. Therefore, it is very difficult to ensure the complete absence of these bacteria in many foods.

Since an exceedance of the Listeria monocytogenes limit (food safety criterion) can lead to a recall or withdrawal, food businesses must urgently consider the following aspects:

• Carry out categorization of foods into Cat. 1.2 or 1.3 of Annex I of Regulation (EC) No. 2073/2005
• If categorization is not possible due to chemical-physical data, challenge tests are generally required for categorization
• Adherence to good hygiene practices to avoid contamination with Listeria monocytogenes
• Conduct representative self-monitoring of raw materials, products, and environmental monitoring for Listeria monocytogenes.

This ensures compliance with good hygiene practices and the HACCP concept. Potential errors and hazards are detected early to initiate targeted preventive measures.

The new regulation will come into effect on July 1, 2026. We recommend food businesses to engage intensively with the new requirements in good time and to implement the necessary measures.

Consulting and laboratory testing related to Listeria monocytogenes have been part of our core competencies for many years. We are very happy to assist with any questions you may have.