Updated on 31 August 2026 · Reviewed by the FiscalControl technical team, a HACCP-certified consultancy in the Algarve.
Since 1 July 2026, Regulamento (UE) 2024/2895 has tightened the food safety criterion for Listeria monocytogenes in ready-to-eat food capable of supporting the growth of this bacterium — smoked fish, pâtés, prepared salads, soft cheeses, raw milk products and ice cream, among others. The “not detected in 25 g” criterion now applies throughout the entire shelf life of the product, not only at the moment of production, unless the operator can scientifically demonstrate (through challenge tests) that the contamination level will never exceed 100 cfu/g by the end of the product’s shelf life.
Why This Matters Now
The European Food Safety Authority (EFSA) recorded an increase of almost 16% in listeriosis cases across the European Union between 2021 and 2022, with 2023 adding up to one of the years with the most infections since European surveillance began. Listeriosis has one of the highest mortality rates among foodborne illnesses, which led the European Commission to review the criteria that had been in place since 2005.
Regulamento (UE) 2024/2895 was published on 21 November 2024 and entered into force on 11 December 2024, but only became applicable on 1 July 2026 — a transition period of around a year and a half to give businesses time to adapt their processes.
What Exactly Changes
Before this change, the “Listeria monocytogenes not detected in 25 g” criterion applied mainly to the production stage. In practice, a product could leave the factory or kitchen “clean”, but nothing guaranteed it would stay that way until it was consumed — especially for products with a long shelf life stored chilled, where L. monocytogenes can continue to multiply slowly even between 2°C and 4°C.
Now, that same “not detected in 25 g” criterion applies throughout the product’s entire shelf life — from production until it reaches the consumer — unless the operator can demonstrate, on a scientific basis, that the food will not exceed 100 cfu/g at any point during that period.
Which Establishments and Products Are Affected in the Algarve
This change particularly affects HORECA establishments that produce or serve:
- Smoked fish and ready-to-eat fishery products — common in seafood restaurants and hotels
- Pâtés and mousses — of fish, seafood or meat, common on buffets and hotel menus
- Prepared salads and cold dishes — especially those that include animal products
- Soft cheeses and raw milk products — relevant for artisanal cheesemakers and establishments that serve them
- Artisanal ice cream — particularly relevant in the Algarve, where in-house ice cream production is common in restaurants and gelaterias
If your establishment produces or serves any of these foods with a chilled shelf life of more than a few days, this change applies to you directly.
The Exception to the Criterion: the “Challenge Test”
The regulation provides an alternative route: if the operator can demonstrate, through recognised microbiological challenge tests, that the specific product will never allow Listeria monocytogenes to reach 100 cfu/g throughout its entire shelf life, then the stricter “not detected in 25 g” criterion does not apply to that product.
In practice, this means small-scale producers (most restaurant and hotel kitchens in the Algarve) are unlikely to have the capacity or the reason to run their own challenge tests — the more realistic path is to strengthen hygiene practices, environmental monitoring and temperature control so as to ensure the bacterium’s absence from the outset.
Risk Groups: Zero Tolerance Remains
For food intended for infants or for specific medicinal purposes, and for products aimed at consumers with a weakened immune system, the criterion remains at zero tolerance — Listeria monocytogenes cannot be detected under any circumstances, regardless of challenge tests or shelf life.
What Your Establishment Should Do Now
- Review the HACCP plan to identify which products served or produced fall into the risk category (ready-to-eat food, with no final heat treatment, stored chilled).
- Strengthen environmental monitoring of surfaces, slicing equipment and packaging areas — L. monocytogenes contamination frequently occurs after production, not during cooking.
- Review storage times for products such as pâtés, ice cream and prepared salads, adjusting internal use-by dates to a more conservative safety level if scientific validation is not feasible.
- Document the actions taken — this review should be recorded in the HACCP system as evidence of adaptation to the new requirement.
Fines and Consequences of Non-Compliance
Failure to comply with microbiological food safety criteria can result in the mandatory withdrawal or recall of the product from the market, in addition to the administrative offence sanctions already provided for under national food safety legislation. For a restaurant or hotel, the reputational risk of a recall linked to a pathogen with a high mortality rate is, in practice, more serious than the fine itself.
In Summary
Since 1 July 2026, the “Listeria monocytogenes not detected in 25 g” criterion no longer applies only at production and now covers the entire shelf life of ready-to-eat food such as smoked fish, pâtés, soft cheeses and ice cream — unless the operator scientifically demonstrates that the product will never exceed 100 cfu/g. For most HORECA establishments in the Algarve, the practical response is to strengthen environmental monitoring, review storage times and update the HACCP plan in line with Regulamento (UE) 2024/2895, which amends Regulamento (CE) n.º 2073/2005.
Frequently Asked Questions
As of when is this new rule in force? Regulamento (UE) 2024/2895 entered into force on 11 December 2024, but only became applicable on 1 July 2026 — the date from which operators must comply with the new criteria.
Does this apply to any restaurant? It applies specifically to establishments that produce or serve ready-to-eat food capable of supporting the growth of Listeria monocytogenes during storage — smoked fish, pâtés, prepared salads, soft cheeses, raw milk products and ice cream are the most relevant examples for the HORECA sector.
What is a “challenge test” and does my restaurant need to run one? It is a laboratory test that simulates how the bacterium behaves over the product’s shelf life, allowing scientific proof that it will not exceed the safety limit. For most small and medium-sized establishments, it is more practical and cost-effective to strengthen hygiene and monitoring practices than to run their own challenge tests.
Does this rule apply to products bought already packaged from suppliers? Primary responsibility for complying with the criterion rests with the operator who produces or processes the food for the last time before it leaves their direct control. Even so, it is good practice to confirm with suppliers that the products purchased meet the new criteria.
Update Your HACCP Plan for the New Listeria Rules
This regulatory change is already in force — and most Algarve establishments have not yet reviewed their HACCP plan accordingly.
⚠️ A product recalled from the market due to Listeria monocytogenes contamination costs far more than updating your HACCP plan.
With FiscalControl, you get:
✅ Review of your HACCP plan in light of Regulamento (UE) 2024/2895 ✅ Identification of the products on your menu covered by the new rule ✅ An environmental monitoring plan adapted to your kitchen ✅ Direct support in the event of an inspection
No commitment. No small print. Just peace of mind.
We support restaurants, hotels and food producers across the Algarve — Faro, Portimão, Albufeira, Lagos, Loulé, Tavira and Vilamoura.
FiscalControl | R. Primeiro de Junho 9 2º C, 8150-111 São Brás de Alportel
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