Is a best by date required by law?
| Product | Date required by federal law? | Who says so |
|---|---|---|
| Packaged food regulated by FDA (snacks, sauces, baked goods, drinks) | No | FDA |
| Infant formula | Yes, a "Use by" date with month and year | 21 CFR 107.20(c) |
| Meat, poultry and egg products regulated by USDA | No quality or safety date; dates are voluntary | USDA FSIS |
| Poultry products, and thermally processed, commercially sterile products under USDA | Yes, a "pack date" to identify lots for trace-back | 9 CFR 381.126 · 431.2(e), per FSIS |
FSIS sums up why: dates are put on food to help shoppers and stores judge when it is at its best quality. Except for infant formula, they are not an indicator of safety.
The one federal exception: infant formula
Infant formula labels must carry a "Use by" date, with the month and year filled in by the manufacturer, packer or distributor. The date has to be backed by tests or other information showing that, until that date and handled as the label directs, the formula still holds at least the amount of each nutrient on its label and keeps an acceptable quality, such as passing through an ordinary bottle nipple.
We do not make infant formula labels. Infant formula has its own labeling part in FDA's rules.
Best if Used By, Use By, Sell By: what each date means
There are no uniform or universally accepted descriptions for open dates on U.S. food labels, so many phrases are in use. USDA's FSIS explains the common ones like this:
| Phrase | What it tells you | A safety date? |
|---|---|---|
| "Best if Used By" or "Best if Used Before" | When the product will be at its best flavor or quality | No |
| "Sell-By" | How long the store should display it, for stock control | No |
| "Use-By" | The last date recommended for use at peak quality | No, except on infant formula |
| "Freeze-By" | When to freeze it to keep peak quality | No |
FSIS recommends that companies that date their food use "Best if Used By", because shoppers read it as a quality date rather than a safety date. FDA supports industry efforts to make "Best if Used By" the standard phrase.
Open dates versus lot codes
FSIS describes two kinds of dating. An open date is a calendar date the shopper can read. A closed date is a code of letters and numbers that tells the maker when the product was made. The two do different jobs, and some foods need a code even when no date is required.
| Food | Code required | Rule |
|---|---|---|
| Low-acid canned food in hermetically sealed containers | Yes: plant, product, year, day and period of packing | 21 CFR 113.60(c) |
| Acidified food, like a shelf-stable hot sauce | Yes, on every container | 21 CFR 114.80(b) |
| Most other packaged food | No federal requirement | None |
A can code is not meant to be read as a best by date by shoppers. It helps you rotate stock and find every affected container if you ever have to recall a batch.
Dates on meat, poultry and egg products
- Dates are voluntary, but must be truthful, not misleading and in line with FSIS rules
- A calendar date shows the month and the day of the month
- Shelf-stable and frozen products also show the year
- A phrase explaining the date, such as "Best if Used By", sits right next to it
Shell eggs have their own system. Cartons with the USDA grade shield must show the pack date as a three-digit day of the year, from 001 for the first day of the year to 365 for the last. If such a carton also carries a "sell-by" date, it may not be more than 30 days after the pack date. Whether a sell-by or expiration date is required is up to the egg laws of the state where the eggs are sold.
State rules: California's uniform date terms
States can go further than federal law, and California has. Its Food and Agricultural Code does not force you to add a date. But if you choose to put a quality or safety date on food sold in California, or another law requires one, you must use one of these terms:
| Date type | Allowed terms | Short form |
|---|---|---|
| Quality date | "BEST if Used by" or "BEST if Used or Frozen by" | "BB" if the item is too small for the full term, or for certain beverages |
| Safety date | "USE by" or "USE by or Freeze by" | "UB" if the item is too small for the full term |
- Food labeled with the phrase "sell by" may not be sold in California. A coded sell-by date that consumers cannot easily read, and that does not use the phrase, is still allowed
- The ban is on selling or offering such food for sale in California, so it matters for any brand whose products are sold there
- Infant formula, eggs and pasteurized in-shell eggs, and beer and other malt beverages are outside this rule
- Food may still be sold, donated or used after its quality date
- Grocery stores may add "packed on" to food they prepare in the store, as long as it also carries a proper quality or safety date
California also requires a date on market milk, market cream and products made from market milk: the date set by the processor as the date by which the product should normally be used to ensure consumer quality. A violation of the Food and Agricultural Code is a misdemeanor unless a different penalty applies.
Other states can have their own rules too; FSIS points to state egg laws, for example. Check your state's department of agriculture before you print.
California Food Label Requirements →If you add a date: how to choose it
Nobody sets the date for you. FSIS lists what decides how long a product stays at its best: how long and at what temperature it is held in distribution and for sale, the food itself, and the packaging. Manufacturers and retailers weigh those factors when they pick a date.
- "Best if Used By" for a quality date, the phrase FDA and FSIS back
- Month and day, plus the year on shelf-stable or frozen products
- Printed or stamped per batch, next to a lot code if your food needs one
- California wording on anything sold there
Dates change with every batch, so most makers stamp or print them separately. Our labels cover the parts that stay the same for a recipe: the Nutrition Facts panel and the ingredient statement with its Contains line. Leave a clear spot on your label or lid for the date.