Hi pHruit,
Again, thks above.
Definitely not my product area but after a little reading, I deduced that, assuming that appropriate pasteurization, formulation and hygiene practices are maintained, "USE BY" (eg involving microbial safety aspects) is mostly associated with items such as freshly squeezed juices, smoothies and chilled juices.
JFI I noticed this "comment" while browsing -
In the UK at least, chilled juices are predominantly "best before", smoothies are largely the same but there is a bit of a mix - possibly potentially for more issues due to higher pH with certain formulations, e.g. banana isn't very acidic, and neither are the various vegetables that are currently trendy to put in such things.
Interestingly I think there are two ways to read the extract you'd found - one is that the author wishes to imply that all chilled foods *should* be use-by dated, and one is that the author is merely remarking that those foods that should be use-by dated are ones that happen to be chilled.
Interim lab reports have come back with TVC and Enteros to be <10 at P+1
Still awaiting data for Yeasts and Mould
Do you reckon these would grow at pH 3? pathogenic bacteria aren't acidophiles are they?
TVC / Enteros are fairly broad tests, covering a wide variety of species - these are used as indicator organisms, and generally aren't used for pathogen detection. Typically you'd want something far more specific for that.
TVC as a grouping certainly can include a variety of bacteria that would grow at the pH of your product. Consider e.g. the various types that produce lactic/acetic acid, which will naturally acidify their environment 
They key point here though is that at this pH you're unlikely to grow anything that is pathogenic, hence my suggestion that your product is likely to be "best before" rather than "use by" dated - from the definition you quoted for products requiring a use-by date: are highly perishable and are therefore likely after a SHORT period to constitute an immediate danger to human health...
The bit I've emphasised is the key element. There are a variety of things that are perishable due to microbiological limitations, that are not use-by dated. Bread is the first one that springs to mind - doesn't have a long shelf life, definitely grows stuff if left to its own accord, but isn't likely to constitute a danger to human health. I've got a variety of chilled fruit juices in my fridge, most of which I'd expect to ferment if left too long, but all of which are best-before dated.
There are some exceptions to this. I've seen smoothies with use-by dates, possibly as the pH is that bit higher so they're more borderline on whether pathogenic growth is a possibility, as mentioned in my response to Charles, above.
but how short is short to decide a product is classed Best-Before?
It's not about the speed at which the change happens, it's about what that change is
Best before dates could be a few days - e.g. bread as noted above, which will become stale and then probably go mouldy - or months/years. Best before is for products that will become less enjoyable due to organoleptic changes and/or due to growth of organisms that could make them unpleasant, but wouldn't render them dangerous.
Use-by is specifically where the product supports growth of things that are potentially harmful to consumers.
I've done a lot of work with juices and soft drinks over the years, and as a consequence of this I've smelled and tasted a range of things far beyond their BBE dates, or that haven't been stored properly, and I can tell you with absolute certainty that even pure concentrate lemon at pH1.6 will grow yeasts surprisingly well. Most mouldy / fermenting juices are pretty horrid, but I don't think I've died of anything as a result of them yet...
Also, unlike most pathogenic bacteria, spoilage organisms do give some very clear clues as to their presence - lactic/acetic acid bacteria are going to be noticeable at any significant level, and probably not nice, but it's not going to harm anyone. Yeast might produce alcohol which isn't on the label, but again most people are going to notice the CO2 production that has made their drink fizzy (or the pack explode). There is perhaps potential for some moulds to produce mycotoxins, but consumers are unlikely to suffer from the effects of this as a result of excessive growth in a finished product, because that product will be so disgusting that it would trigger the gag reflex of most people before it even gets to their lips
. I'll go through all of them and get back to you if i have further queries. Thank you so so much!
