Under federal law, it generally isn't. Except for infant formula, federal regulations don't require a date on food at all, and the dates most foods carry, "Best if Used By", "Sell By", "Use By", are quality dates set by the maker, not safety dates. USDA says food that shows no signs of spoilage should be wholesome and may be sold, bought, donated and eaten past its "Best if Used By" date. Infant formula is the exception: it must carry a "Use by" date, backed by the maker's tests that the nutrients and quality last until then. States can add rules for particular foods, such as milk, eggs or infant formula, and spoiled or damaged food can't be sold whatever its date. Food a store can't sell can often be donated, with federal liability protection for apparently wholesome food given in good faith. In the example below, a small-town grocery sorts its short-dated shelf. Below are the rules, the date phrases, donating, the example, and a free checklist.
The short version
- Federal law requires a date only on infant formula: a "Use by" date.
- Other dates are the maker's quality dates, not safety dates.
- USDA: wholesome food may be sold, bought, donated and eaten past its "Best if Used By" date.
- States can set their own rules for some foods; check yours.
- Spoiled, contaminated or damaged food can't be sold, whatever the date.
- Eggs with the USDA grade shield: a "sell by" date can't be more than 30 days from the pack date.
- Donations of apparently wholesome food in good faith to a nonprofit are protected from liability by federal law.
- TaroStack keeps each lot's date and sells the oldest first. More below.
The rules
| Rule | What it says |
|---|---|
| Federal dating | Except for infant formula, product dating isn't required by federal regulations |
| Infant formula | A "Use by" month and year, chosen from tests showing nutrients and quality last until then (21 CFR 107.20(c)) |
| Past the date | Foods not showing signs of spoilage should be wholesome and may be sold, purchased, donated and consumed beyond a "Best if Used By" date |
| Meat, poultry and eggs | Voluntary dates must be truthful, with month and day, and the year on shelf-stable and frozen products |
| Eggs | A "sell by" date on cartons with the USDA grade shield can't exceed 30 days from pack; state egg laws may require or forbid dates |
| States | Some states regulate dates on particular foods |
The federal position is on USDA's food product dating page. How to format the date you print is in best by date format. This is general information, not legal advice.
What the phrases mean
| Phrase | What it means |
|---|---|
| Best if Used By / Before | When the product will be at its best flavor or quality; not a purchase or safety date |
| Sell By | How long the store should display it, for inventory; not a safety date |
| Use By | The last date for peak quality; not a safety date, except on infant formula |
| Freeze By | When to freeze it to keep its quality |
USDA recommends "Best if Used By" to cut down on wholesome food thrown away because of confusion over dates.
Donating past-date food
The Bill Emerson Good Samaritan Food Donation Act protects a person who donates apparently wholesome food in good faith to a nonprofit for distribution to people in need, from civil and criminal liability for its nature, age, packaging or condition, except for gross negligence or intentional misconduct. Apparently wholesome food meets all federal, state and local quality and labeling standards, even if it isn't readily marketable because of its age, freshness, appearance or surplus. What expired stock costs a store is in what is expired stock.
An example: a small-town grocery
Loup River Grocery, the made-up grocery in Ord, Nebraska, I use in these examples, walks its short-dated shelf every Monday:
| Item | Date phrase | Date | Days left | Action |
|---|---|---|---|---|
| Infant formula, 12.4 oz | Use by | October 15 | −1 | Pull: past a required date |
| Yogurt cups, local dairy | Best if used by | October 20 | 4 | Sell |
| Granola, local maker | Best if used by | October 12 | −4 | Mark down or donate, after checking it |
| Sliced bread | Sell by | October 17 | 1 | Mark down |
| Canned tomatoes | Best if used by | February 1, 2027 | 108 | Sell |
| Eggs, USDA grade shield | Sell by | October 30 | 14 | Sell |
The formula came off the shelf; the granola went to the markdown basket at half price and the rest to the town's food pantry. How the store's departments earn is in small grocery store business plan, and what goes missing in grocery store shrink.
Get the checklist
Download the short-dated stock checklist. One sheet: each item with its date phrase, date and count; days left and an action fill in, with infant formula pulled after its "Use by" date and quality dates marked down in their last three days. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.
Where this stops working
A shelf walk catches what's on the shelf. It doesn't catch the case of yogurt in the back cooler with an earlier date than the cups out front, or the local granola that came in with only three weeks left.
How TaroStack does it
TaroStack keeps each lot's date and sells the oldest first.
Dates by lot. Receiving records each lot with its supplier's code and best-before date, so a case in the back has its date too.
Oldest first. First-expired-first-out is the default, and a forecast shows what will expire unsold and what it will cost.
Held off the shelf. A recalled or past-date lot can be held, kept out of what can be sold.
| The job | Shelf walk | In TaroStack |
|---|---|---|
| Dates on cases in the back | Not seen | Each lot's date from receiving |
| Which lot to put out first | Guessed | First-expired-first-out |
| What will expire unsold | Found on Monday | A forecast, with its cost |
Lots, expiry and counts 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.