“Best if Used by”, “Sell by”, “Expires on”, “Freeze by”…

Consumers see various versions of these phrases on food product labels all the time. But do they understand what these labels mean? Does industry? According to the Food and Drug Administration (FDA), it is estimated that the confusion over date labeling terms on food products accounts for about 20% of the food waste in the home. This is significant given that the U.S. Department of Agriculture (USDA) estimates nearly one-third of available food in the U.S. (i.e., 133 billion pounds) goes uneaten due to food loss or waste.

Why the confusion? Because open date labeling is still not mandated or standardized by federal law. In fact, the State of California just recently passed the first legislation of its kind in September 2024 to standardize the use of open date labeling on food products.

Nutrition Labeling vs. Open Date Labeling

The Nutrition Labeling and Education Act (NLEA) of 1990 requires that food manufacturers provide standardized nutritional information on their products. It also requires that food labels comply with certain requirements if they make nutritional or health claims. The FDA developed the Nutrition Facts Label to comply with the requirements of the NLEA.

The phrases mentioned above are considered open date labeling and are not part of the NLEA. Any open date labeling on food products is applied voluntarily by manufacturers or retailers to tell consumers when food is of best quality. With the exception of infant formula, these dates are not required and are not related to a product’s safety.

The USDA gives the following definitions of common phrases on open date labels:

• “Best if Used by/before” indicates when a product will be of best flavor or quality. It is not a purchase or safety date.
• “Sell by” tells the store how long to display the product for sale. This phase is for inventory management; it is not a safety date.
• “Use by” provides the latest date recommended for the use of the product while at peak quality. It is not a safety date (except on infant formula).
• “Freeze by” indicates when a product should be frozen to maintain peak quality. It is not a purchase or safety date.

A Question of Quality

For most, the confusion lies in understanding the status of a food product once the open date passes. While the quality of perishable products may deteriorate after a “Best if Used by” date, most products remain safe to eat, sell, or donate as long as they are handled properly (e.g., correct temperature and storage conditions) and show no signs of spoilage. In fact, the USDA suggests that food handling conditions are a greater predictor of spoilage than time (i.e., open date).

Sources including FDA, USDA, and a number if industry associations believe that food waste is due, in part, to fears about food safety and consumers not understanding that date labels refer to the quality of a product versus its safety to consume.

Call for Standardization

Despite this confusion and the associated ramifications (i.e., wasted food, economic loss), no mandatory federal labeling standard has been enacted, though attempts at standardization have been made:

• The Food Recovery Act of 2015 introduced the first language to standardize date labels, but it did not pass Congress. 
• In December 2016, the USDA Food Safety and Inspection Service (FSIS) updated its guidance on product date labeling, recommending that manufacturers and retailers use the phrase “Best if Used by” to indicate when a product is at peak quality.
• In 2017, industry stepped in, as the Food Manufacturing Institute (FMI) and the Consumer Brands Association (CBA) adopted joint industry guidelines to standardize open dates.
• The FDA issued a letter supporting industry’s efforts to standardize date labeling in May 2019. Consistent with the USDA, the FDA recommended using the “Best if Used by” date for manufacturers choosing to apply a quality date label.
• In 2019, the first Food Date Labeling Act (FDLA) was introduced in Congress and failed to pass. The FDLA was introduced again in 2021 and, most recently, in 2023.

California Leads the Way

In the meantime, the State of California has forged ahead, passing legislation in September 2024 to standardize the use of open date labeling on food products. Beginning July 1, 2026, the law implements the first mandatory food date labeling for companies selling food products in California by instituting the following changes:

• “Best if Used by” must be used to indicate the date when a product reaches peak quality.
• “Use by” must be used to indicate the date when a product’s safety can no longer be guaranteed.
• Retailers will be authorized to display “Packed on” labels on prepared food items, but they must also display the “Best by” or “Best if Used by” dates.
• Consumer-facing “Sell by” dates are prohibited and may only be used for inventory management.
• The phrases “Expires on” and “Freshest by”, which have inconsistent definitions, are prohibited.

Support from Industry

According to the Zero Waste Food Coalition, over 25 industry supporters have signed the Zero Food Waste Coalition’s open letter urging Congress to support the bipartisan Food Date Labeling Act of 2023…  Major food industry businesses, including Kroger, Walmart, and Nestlé USA, have signed the letter, which cites that standardizing and streamlining date labels is one of the most cost-effective methods to prevent the wasting of surplus, wholesome food.

Currently, it is at the food manufacturer’s/retailer’s discretion to use open date labeling as they see fit. As such, it is important for manufacturers and retailers to understand what the various open date labeling phrases mean before applying them to products. The available USDA, FDA, and industry guidance is meant to alleviate consumer confusion and should be used as best practice in absence of a federal standard. Using this guidance to standardize open date labeling practices to the extent possible may help manufacturers extend the shelf-lives of their products, prevent the corresponding economic loss of removing inventory from the supply chain, and reduce the amount of wholesome food being wasted.