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Date Marking Under the Food Code: The 7-Day Rule

Date marking under the FDA Food Code: ready-to-eat food kept over 24 hours, seven days at 41°F, the day it's made is day one, a calculator.

By Koa Sterling. Product specialist at TaroStack and small business owner. Yes, I am a real human, and I actually sit in front of a computer and write these articles. Reviewed October 19, 2026 · 4 min read

Ready-to-eat food that needs refrigeration, and that a kitchen keeps more than 24 hours, has to be marked with the date it must be used, sold or thrown out. The limit is seven days at 41°F or below, and the day it was made counts as day one, so chicken salad made on Monday is gone by the end of Sunday. The same goes for a commercially processed ready-to-eat food once its package is opened, a package of sliced turkey, say, and never past the maker's own safety use-by date. Food mixed from ingredients with different dates takes the earliest. Time the food spends frozen doesn't count toward the seven days. Food without a mark, or past it, is thrown out. In the example below, a Nebraska food co-op's deli sets up its marking.

The short version

  • Ready-to-eat, refrigerated food kept over 24 hours gets a date mark.
  • Seven days at 41°F or below, at most.
  • The day it's made is day one.
  • Opened commercially processed ready-to-eat food is marked too.
  • A mix of ingredients takes the earliest date.
  • Your state's version of the Food Code applies.
  • TaroStack keeps each batch with its lot and use-by date. More below.

How to count

Made or opened Discard by the end of
Monday Sunday
Tuesday Monday
Wednesday Tuesday
Thursday Wednesday
Friday Thursday

How the deli cools its soups first is in cooling log template, and the co-op's year in food co-op business plan.

The rules

Rule Where
Which food Refrigerated, ready-to-eat TCS food prepared and held in a food establishment for more than 24 hours (Food Code 2026, 3-501.17(A))
How long Consumed, sold or discarded within seven days at 41°F or less, the day of preparation counted as day 1 (3-501.17(A))
Opened packages Commercially processed ready-to-eat TCS food, once opened and held more than 24 hours, marked the same way, the day opened as day 1, never past the maker's safety use-by date (3-501.17(B))
Mixed food and discard A mix keeps the date of its earliest-prepared ingredient (3-501.17(C)); food unmarked or past its date is discarded, time frozen not counted (3-501.18(A))
Adoption Applies as your state or locality has adopted it (FDA, Food Code adoption)

This is general information, not legal advice.

An example: a deli cooler

Sandhill Food Co-op, the made-up member-owned grocery in Lincoln, Nebraska, I use in these examples, makes salads and soups in its deli and checked its cooler one Thursday:

Item Made or opened Marked Status on Thursday
Chicken salad Monday Use by Sunday In date
Quinoa salad Thursday Use by Wednesday In date
Sliced turkey, from an opened package Friday last week Use by Thursday Last day; into today's sandwiches or out at close
Lentil soup Wednesday, cooled overnight Use by Tuesday In date
Pasta salad with Friday's turkey Tuesday Use by Thursday, the turkey's date Last day

The pasta salad was made Tuesday, but its turkey came from a package opened the Friday before, so it takes the turkey's date, not its own. Each container gets a day dot when it's filled; the deli's procedure says what comes out at close. Dates on what the co-op packs for its own shelves are a different job, in best by date format.

Get the checker

Download the date marking calculator. One sheet: each item, the date it was made or opened, and the earliest date of anything mixed in; the discard-by date fills in, seven days counting day one. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.

Where this stops working

The calculator counts the days. What the deli made, what it sold and what it threw out each day is what tells it how much to make, and day dots don't add that up.

How TaroStack does it

TaroStack keeps each deli batch with its lot and dates, so what was made when, and what was thrown out, is on record.

Batches with dates. Each batch of deli is a lot with its production date and its use-by date.

An alert before a date. An alert comes before a lot's date runs out, so it's used or marked down instead of found too late.

Waste with a reason. What's thrown out is recorded with its reason, expired or spoiled, by item, so the salad that keeps going to waste shows up.

The job Notebook In TaroStack
What was made when Tape on the container Lots with dates
Food nearing its date Found on the shelf An alert before the date
What went to waste Not counted Waste by reason

Lots, dates, alerts and waste by reason are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.

Questions people also ask

What is the 7-day rule for date marking?

Refrigerated ready-to-eat food kept more than 24 hours can be held up to seven days at 41°F or below, the day it was made counting as day one.

Is the day food is made day one or day zero?

Day one, under the FDA Food Code.

Do opened packages need date marking?

Yes, commercially processed ready-to-eat food that needs refrigeration is marked once opened.

What date does a mixed dish get?

The earliest date of its ingredients.

Sources

  1. FDA Food Code 2026, 3-501.17: refrigerated, ready-to-eat TCS food prepared and held in a food establishment for more than 24 hours is marked with the day or date by which it is consumed, sold or discarded, for a maximum of seven days at 41°F or less, the day of preparation counted as day 1; opened commercially processed food is marked likewise · read October 19, 2026
  2. FDA, Adoption of the FDA Food Code: restaurant and retail oversight is handled by states and localities, which adopt the Food Code in their own versions; as of 2024, 46 state agencies in 36 states had adopted one of the three most recent editions · read October 19, 2026

We use AI to help with the research for these articles. Every one is read, checked against its sources and edited by Koa before it's published. Spot a mistake? Tell us and we'll fix it and say so. How we write these.

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