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Use by vs best before: date marking under EU 1169/2011, and what kitchens should do

By the Menulta editorial team · Facts checked 15 October 2026 · Updated 15 October 2026

The short answer

Under Article 24 and Annex X of Regulation (EU) No 1169/2011, a 'use by' date is for foods that are highly perishable from a microbiological point of view and could become dangerous after a short time; after that date the food is deemed unsafe. A 'best before' date (date of minimum durability) indicates quality: after it, the food may lose flavour or texture but is not automatically unsafe. Restaurants must never use food past its use by date, but may use food past its best before date if it is still of acceptable quality.

The two dates compared

Use by and best before compared
Use byBest before
What it protectsSafetyQuality
Typical foodsFresh meat, fish, dairy, ready meals, prepared saladsDried pasta, rice, tins, biscuits, frozen food, crisps
After the dateDeemed unsafe; must not be sold or usedMay still be safe and used if quality is acceptable
Wording on label'use by' + day and month'best before' (day/month) or 'best before end' (month/year)
Storage conditionsMust be statedMust be stated where relevant

What Article 24 says

Article 24(1) says that for foods highly perishable from a microbiological point of view, which are likely after a short period to constitute an immediate danger to human health, the date of minimum durability is replaced by the 'use by' date. After the use by date, a food is deemed unsafe in accordance with Article 14 of the General Food Law, Regulation (EC) No 178/2002.

Annex X sets out the format. Best before uses 'best before...' when the date includes the day, or 'best before end...' in other cases, with the date as day and month for foods lasting up to three months, month and year for three to eighteen months, and year alone beyond eighteen months. Use by dates show day and month, possibly year, and are followed by a description of storage conditions.

Foods that need no date

Annex X lists foods that do not need a best before date, including fresh fruit and vegetables that have not been peeled or cut, wines and drinks with 10% or more alcohol by volume, bakery products normally consumed within 24 hours of manufacture, vinegar, cooking salt, solid sugar, chewing gum and some confectionery.

Freezing and the use by date

Food can generally be frozen up to its use by date, which pauses the clock for safety purposes, as long as it was stored correctly beforehand. Once defrosted, it should be used within the timescale set by your food safety system, typically within 24 hours, and not refrozen. Annex III of the regulation requires the date of freezing on certain frozen meat and fish products. Label everything you freeze in the kitchen with the date frozen and the original use by date.

Food waste and best before

Confusion between the two dates contributes to food waste. The European Commission has worked on improving date marking, because many consumers throw away food that is past its best before date but still perfectly good. In a kitchen, best before dates should be part of stock rotation, not an automatic discard trigger. Check the quality: dried pasta, rice and tinned goods past best before are often fine.

A kitchen routine for dates

  • Check use by and best before dates on delivery and reject short-dated perishables.
  • Rotate stock: first in, first out, or first expiring, first out.
  • Label prepared food and opened products with the date prepared or opened and a discard date from your food safety plan.
  • Discard food past its use by date. No exceptions.
  • Review best before items for quality before use; use them first.
  • Record date checks as part of daily opening and closing checks.

Sources

This guide is general information, not medical or legal advice. Guests with an allergy should follow their doctor's advice. Operators should confirm their own setup with their food safety adviser or local authority.

Questions

Common questions

Is it safe to eat food after the best before date?
Often yes, if it has been stored correctly and the packaging is intact. Best before is about quality, not safety.
Can restaurants use food past its use by date?
No. After the use by date, food is deemed unsafe under EU law and must not be used.
Can I freeze food on its use by date?
Generally yes, if it has been stored correctly. Label it with the freezing date and use it promptly once defrosted.
Which foods don't need a date?
Including fresh uncut fruit and vegetables, drinks with 10% or more alcohol, salt, sugar, vinegar and bakery products eaten within 24 hours.
What does 'best before end' mean?
It is used when the date shows only month and year, or year: the food is best consumed before the end of that period.
Who sets the use by date for food prepared in a restaurant?
For food you prepare yourself, your food safety management system, based on HACCP principles, sets shelf lives and discard times. Label prepared food with the date made and the date it must be used by.

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