Our position on use by and best before dates

Food Standards Scotland (FSS) notes the changes adopted by several food manufacturers and retailers, namely removing date marks from pre-packed fruit and vegetables and also replacing use by dates with best before dates for certain foods.

FSS supports initiatives which help consumers make the best use of food and reduce food waste, such as redistribution arrangements, as long as they don’t compromise on food safety or reduce the level of information available to consumers.

Subject to exemptions, under the Food Information to Consumers (FIC) Regulation, food businesses have the responsibility to ensure that the correct type of date mark is applied to pre-packed food. These are:

• a ‘use by’ date, which concerns food safety and is used on foods that go off quickly, such as raw meat or fish, cooked sliced meats, and some dairy products. Food marked with a use by date may be consumed up to and on the date on the label but not after. This is because, under food law, after this date has passed it is considered unsafe to eat. Additionally, food products with this date displayed may include storage conditions which must be followed to  keep the food safe, for example by keeping it in a fridge or under a particular temperature
• a ‘best before’ date (sometimes referred to as a ‘best before end’ (BBE) date) concerns food quality rather than food safety. While the food may be safe to eat after this date has passed, it may not be at its best in terms of quality, for example, it may lose flavour, become discoloured or have a different texture. Best before dates are most often found on frozen foods, tinned foods and dried foods. Again, in order to preserve the food correctly there may be storage instructions on the label. This may include instructions to keep it under a particular temperature, or where to store it such as in an airtight container.

Where businesses are considering making changes to date labelling, we recommend that they consult the guidance produced by the Waste and Resources Action Programme (WRAP) and Zero Waste Scotland (ZWS).We also recommend that they update their food safety management systems to reflect any new or amended process steps and discuss their plans with their local authority enforcement officers.

It is also important that businesses provide adequate information to consumers.  Providing easy-to-access information on shelf life and how to store food will help consumers to reduce waste. Highlighting any products which have changed from use by to best before dates will also help to achieve this goal.

For more information please see our advice about date labelling along with tips on reducing food waste.

Please direct any queries to Lynn Robertson at lynn.robertson@fss.scot.