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 | Best before | |
|---|---|---|
| What it protects | Safety | Quality |
| Typical foods | Fresh meat, fish, dairy, ready meals, prepared salads | Dried pasta, rice, tins, biscuits, frozen food, crisps |
| After the date | Deemed unsafe; must not be sold or used | May 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 conditions | Must be stated | Must 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
- Regulation (EU) No 1169/2011, consolidated text (EUR-Lex)
- European Commission: Date marking and food waste
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.