Use By And Best Before Dates Explained

Most prepacked foodstuffs must carry a date of minimum durability. This can be either a 'best before' date or a 'use by' date. These date marks must be in a prominent place on the label, if this is difficult the manufacturer must state where the date can be found, e.g. best before: see date on lid. It is an offence for unauthorised persons to change date marks. Manufacturers are the only ones authorised to do so.

Best Before Dates

This may take the form of the words 'best before' followed by the date, e.g. 'best before' 1 January 2003. The date marks on longer-life food may use the phrase 'best before end' followed by a date, e.g. 'best before' end March 2003. This is the date up to and including which the food can be expected to remain at peak quality if properly stored. Food may be edible after this date; however its quality may suffer, e.g. potato crisps might become soft.

It is not an offence under the Food Labelling Regulations to sell food passed it's 'best before' date; however an offence may have been committed under Section 14 of the Food Safety Act 1990 as the food may not be of the 'quality demanded by the purchaser'. The retailer is responsible for ensuring that food sold has not deteriorated beyond the point acceptable to the consumer. It is a criminal offence to sell food not of the 'quality demanded'.

Use By Dates

This consists of the words 'use by' followed by the date, e.g. 'use by' 5 April 2003. The 'use by' date is used for foods which are highly perishable and can, after a short period, cause an immediate health risk; examples are meat pies and some ready prepared meals. These foods could become a health risk if used after the 'use by' date. It clearly instructs consumers as to the date a product should be used by. Some foods, such as bread, are highly perishable but do not carry the immediate risk and are therefore labelled with a 'best before date'.

It is a criminal offence to sell, or have on your premises exposed for sale, under the Food Labelling Regulations, any product that has gone beyond its 'use by' date. Any product passed its 'use by' date must be removed from sale.

Storage Conditions

Both 'use by' dates and 'best before' dates may be accompanied by storage conditions. The storage conditions given on the label must be followed by the retailer to avoid the deterioration of the food whilst it is in their possession.

Food Date Exemptions

Certain foods do not have to be marked with a 'use by' or 'best before' date. These are:

Fresh fruit and vegetables which have not been peeled or cut into pieces (sprouting seeds and similar products must be date marked).
Wine, liqueur wine, sparkling wine, aromatised wine and similar products.
Any drink with an alcoholic strength by volume of 10 per cent or more.
Any soft drink, fruit juice or fruit nectar or alcoholic drink, sold in a container of 5 litres or more intended for supply to catering establishments.
Flour confectionery and bread normally consumed within 24 hours of preparation.
Vinegar.
Cooking and table salt.
Solid sugar and flavoured or coloured sugar products.
Chewing gum and similar products.
Individual portions of edible ices.

Eggs

There are some specific rules that only apply to eggs. Eggs must be marked with a 'best before' date. This date may be up to a maximum of 28 days after the eggs are laid. Eggs must be sold to the consumer within 21 days after the eggs were laid, this means that they must be sold 7 days before the 'best before' date expires.

For example eggs marked 'best before 22 March' must be sold by 15 March. It is an offence to supply eggs if there are less than 7 days before the 'best before' date expires.

Please Note: The aim of this guidance page is to give retailers a basic guide as to what to look for on food labels regarding date marks. It is not a comprehensive guide to the Food Labelling Regulations, which may change from time to time.