Photo: Mowi Poland S.A.

96-Hour Limit on Smoked Fish 'Stiffening' Annulled Due to Procedural Flaw

SPAIN
Monday, October 13, 2025, 00:10 (GMT + 9)

ECJ Overturns European Commission Rule Protecting Consumers from Health Risks; Spanish Industry Demands Urgent Measures and Guarantees.

BRUSELAS - The Court of Justice of the European Union (ECJ) has ruled to annul the 96-hour limit on the "stiffening" (chilling) procedure applied to smoked fishery products. The ruling, issued on September 24, 2025 (Case T-354/24), prompted by Mowi Polska S.A., reverts the regulatory framework to a situation that, according to the Spanish industry, reintroduces a risk to quality and food safety for consumers.

Mowi Poland smoked salmon processing plant. Photo: courtesy Polityka -->

The ECJ's decision did not question the substance of the health issue but annulled Delegated Act 2024/1141 due to a procedural defect. Specifically, the Court ruled that the European Commission should have consulted the EFSA (European Food Safety Authority) for scientific advice, according to Article 13 of Regulation 853/2004, before establishing the time and temperature limits.

The "Stiffening" Practice and Listeria Risk

"Stiffening" is a chilling process at temperatures around -11ºC to facilitate the filleting of smoked salmon, which must be carried out for a time "as short as possible."

The underlying problem that prompted the original limitation stemmed from a DGSANTE audit in 2020, where abusive practices were detected:

• Abuse in Poland: Factories in Poland were found holding products at -11ºC for periods of up to 3 months, a practice that the CODEX requires to be performed at -18ºC (freezing) for long-term storage.

• Health Risk: These extended times in the "stiffening" temperature range pose a hygienic-sanitary risk, particularly in the management of the Listeria monocytogenes bacteria.

• Labeling Fraud: The annulment allows companies to avoid freezing at -18ºC, thereby circumventing the obligation to include the term "defrosted" on the labeling of smoked products.

Spanish Industry's Reaction

The Spanish smoked fish industry, represented by ANFACO-CEPESCA and ANAPA, deeply regretted the decision, pointing out that the 96-hour limit was already a recommendation in the good practice guide of the ESSA (European Smoked Salmon Association).

Roberto Alonso, Secretary General of ANFACO-CYTMA and ANAPA, stated: "The ECJ's ruling comes as a cold shower to the sector, and it's surprising that the precautionary principle was not applied, and an interim application period was not granted... Mowi Polska S.A. has shown with this action before the ECJ that its intentions are otherwise."

The Spanish organizations have announced an urgent action plan:

1. Request an urgent procedure from the European Commission to consult EFSA and draft a new Delegated Act to re-establish legal certainty.

2. Collaborate with European consumer and distributor organizations to ensure transparency.

3. Conduct random and recurrent checks in ANFACO laboratories on smoked products originating from Poland in the Spanish market for food safety parameters, ensuring maximum consumer guarantee.

editorial@seafood.media
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