Food labelling
What is the difference between a ‘best before’ and ‘use by’ date?
Most pre-packed foodstuffs must carry an indication of minimum durability. This is better known as either a 'best before' date or a 'use by' date.These date marks must be in a prominent place on the label. If this is difficult the manufacturer must state where the date can be found, for example best before: see date on lid.
It's an offence for unauthorised person to change date marks. Manufacturers are the only authorised people to do this.
Use by
‘Use by’ means exactly that.You shouldn't eat any food product that has passed its ‘use by’ date, because it may not be safe to eat. Even if the food looks and smells fine, using it after this date could put your health at risk and cause food poisoning. It's an offence for food business operators to sell or have on their premises exposed for sale any product after its ‘use by’ date.
The Food Labelling Regulations (NI) 1996 requires that a ‘use by’ rather than a ‘best before’ date is used on those pre-packed foods 'which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health'.
Foods that have to be stored at low temperatures to maintain their safety rather than their quality need to be labelled with ‘use by’ dates. They'll have a short product life following manufacture, and consuming them after their use by date could cause food poisoning.
You'll usually find a ‘use by’ date on food that goes off quickly, such as:
- pre-packed sandwiches
- ready-prepared salads
- cooked meats
- cooked rice or pasta
- prepared fruit salads.
For more information on use by dates, visit the Food Standards Agency website
Best before
‘Best before’ dates are usually used on foods that last a long time, such as:- frozen
- dried, or
- canned foods.
It should be safe to eat food after the ‘best before’ date, but the food won't be at its best. After this date, the food might begin to lose its flavour and texture.
A 'best before' date will only be accurate if the food is stored according to the instructions on the label, such as 'store in a cool dry place' or 'keep in the fridge once opened'.
It's not an offence under the Food Labelling Regulations to sell food passed it's 'best before' date. However, it may be an offence under Section 14 of the Food Safety Order 1991 as the food may not be of the 'quality demanded by the purchaser'.
The retailer is responsible for making sure that food sold hasn't deteriorated beyond the point acceptable to the consumer. It's an offence to sell food not of the 'quality demanded'.
For further guidance on best before dates, visit the Food Standards Agency’s Eatwell website
Exemptions
Certain foods don't have to be marked with a 'use by' or 'best before' date.These are:
- fresh fruit and vegetables which haven't been peeled or cut into pieces (sprouting seeds and similar products must be date marked)
- wine, liqueur wine, sparkling wine, aromatised wine and similar products
- any drink with an alcoholic strength by volume of 10 per cent or more
- any soft drink, fruit juice or fruit nectar or alcoholic drink, sold in a container of 5 litres or more intended for supply to catering establishments
- flour confectionery and bread normally consumed within 24 hours of preparation
- vinegar
- cooking and table salt
- solid sugar and flavoured or coloured sugar products
- chewing gum and similar products
- individual portions of edible ices.



