Use-By vs Best-Before Dates — What UK Retailers Need to Know
Understanding the legal difference between use-by and best-before dates is one of the most important things any UK food retailer can learn. Getting it wrong can lead to prosecution, fines, and damage to your business reputation.
Use-By Dates — Safety
Use-by dates appear on highly perishable foods where consuming the product after the date could pose a health risk. Common examples include:
- Fresh milk and dairy products
- Raw and cooked meats
- Fresh fish and seafood
- Pre-packed sandwiches and salads
- Ready meals and prepared foods
- Fresh juices and smoothies
The law is clear: food past its use-by date must not be sold, served, donated, or given away. Selling use-by expired food is a criminal offence under the Food Safety Act 1990.
Best-Before Dates — Quality
Best-before dates indicate when food is at its best quality. After this date, the food may not be at peak freshness, taste, or texture, but it is still safe to eat. Examples include:
- Canned and tinned goods
- Dried pasta, rice, and cereals
- Biscuits and crisps
- Confectionery and chocolate
- Frozen food
- Cooking oils and condiments
Retailers can legally sell food past its best-before date, and many do so at reduced prices. However, the food must still be safe to eat and must not be presented in a way that misleads customers about its condition.
Why This Matters for Your Business
Many retailers and staff confuse use-by and best-before dates, leading to unnecessary waste (throwing away safe food past its best-before) or legal risk (keeping use-by expired food on shelves). ExpGuard tracks both types and alerts your team appropriately.
More information: Trading Standards rules | Food Safety Act 1990 | compliance software.
Frequently Asked Questions
Can I sell food past its best-before date?
Yes. Best-before dates indicate quality, not safety. Food past its best-before date can legally be sold in the UK as long as it remains safe to eat and is not presented misleadingly.
Is it illegal to sell food past its use-by date?
Yes. Under UK food safety law, selling food past its use-by date is a criminal offence. Use-by dates indicate safety, and food past this date must not be sold, donated, or given away.
Who decides whether a product gets a use-by or best-before date?
The food manufacturer determines the appropriate date marking based on the product's characteristics, shelf life, and safety profile. Highly perishable foods that could pose a safety risk get use-by dates.
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