The best-before date and the use-by date appear on many foods, yet they mean different things. Legally, the difference is clear: only after the use-by date does a food count as unsafe. This guide explains which date appears when and what you can do once it has passed.
Short answer: A use-by date replaces the best-before date for very perishable foods. After it has passed, a food is treated as unsafe (Article 24(1), second sentence, of the EU Food Information Regulation, FIR). The best-before date does not carry this safety presumption. The date must be expressed in the form set out in Annex X of the FIR. Last updated: November 2026.
The most important points
- The best-before date appears with the wording “mindestens haltbar bis” (“best before”).
- The use-by date replaces the best-before date for very perishable foods.
- Only after the use-by date does a food count as unsafe under the FIR.
- After the best-before date, you decide based on packaging, appearance and smell.
- The date must be expressed in the form set out in Annex X of the FIR.
What does the best-before date mean?
The best-before date indicates the point up to which a food keeps its specific properties when stored correctly. The FIR does not attach the safety presumption to this date. The date therefore concerns mainly quality, not safety.
In practice, a product past its best-before date is not automatically spoiled. Whether you still use it depends on the packaging, appearance, smell and your own judgement.
What does the use-by date mean?
The use-by date replaces the best-before date for very perishable foods. After it has passed, a food counts as unsafe in the sense of Article 14(2) to (5) of Regulation (EC) No 178/2002. The packaging shows which products carry this date.
There is no room for interpretation with a use-by date. After the stated day, do not use the product, even if it looks intact.
Comparison at a glance
| Feature | Best-before date | Use-by date |
|---|---|---|
| Wording on the pack | “mindestens haltbar bis” (“best before”) | Use-by date (“zu verbrauchen bis”) |
| Application | Most packaged foods | Very perishable foods, replacing the best-before date |
| Legal effect after expiry | No safety presumption under Article 24(1), second sentence, FIR | Treated as unsafe (Article 24(1), second sentence, FIR) |
| What you check | Packaging, appearance, smell | Do not use after the date |
What you can do after the date has passed
For products with a use-by date, the boundary is clear: do not use them after the date. For products with a best-before date, a check is worthwhile. Inspect the packaging for damage, look at appearance and consistency, and smell the product. If anything seems off, do not eat it.
Throwing food away on principle is not necessary. The best-before date is a quality indication, and a careful check saves food and money alike.
Why the distinction matters in everyday life
Many people throw food away as soon as the date has passed. For products with a best-before date that is often unnecessary, while for products with a use-by date it is essential. The distinction therefore saves money and food without taking on risks.
The dates are no guarantee of quality, though. A product with a date still ahead can spoil through poor storage. Cold chains, opening the packaging and the storage time after opening all play their own role.
How to check food properly
- Check the packaging first. Damage, leaks or bulging are warning signs.
- Look at appearance, colour and consistency. Unusual changes argue against eating it.
- Smell the product. A sour or rotten odour is a clear signal.
- Follow the storage instructions on the pack, for example refrigeration or storage after opening.
If you cannot judge a product with confidence, do not eat it. In a doubtful case, giving it up costs less than a food poisoning.
Food law in brief
The FIR is an EU regulation and applies directly. It sets out which information must appear on food and how it has to be worded. Date markings are only one part of the labelling, and responsibility for the information lies with the manufacturer or the person placing the food on the market.
Anyone who wants more detail on the individual labelling duties will find the rules in the regulation itself. For questions about a specific product, the manufacturer is the first contact, and for suspected health risks, the competent food monitoring authority.
Frequently asked questions
Who decides which date appears on the pack?
The FIR regulates the labelling in Article 24 and Annex X. The manufacturer or the person placing the food on the market sets the date for its product and prints it on the packaging.
Is a food bad after the best-before date?
Not automatically. Under the FIR, the best-before date is not a safety limit, because the safety presumption attaches only to the use-by date. Quality can still decline, so a visual and smell check helps.
Does the use-by date apply to all foods?
No. The use-by date concerns only very perishable foods. Other products usually carry a best-before date.
What should I do if I am unsure?
Then do not eat it. For suspicious goods, you can contact the manufacturer or inform the competent food monitoring authority. A query to the manufacturer can also help with questions about batches.
When I shop for stock, what should I watch for?
Choose products with a use-by date so that you can consume them before the stated day. Products with a best-before date allow more flexible planning, because the date concerns quality rather than safety.
What to do now
- Check the pack for the wording “mindestens haltbar bis” or a use-by date.
- For a use-by date: do not use the product after the stated day.
- For a best-before date: check packaging, appearance and smell.
- If in doubt: do not eat it, or ask the manufacturer.
Keep the date in mind when you buy. Check labels in the shop before you put a product in your basket, especially for very perishable foods, which may carry a use-by date. Read the wording carefully, because the two labels look similar at a glance. Storing food correctly at home then makes the most of the date printed on the pack.
Related reading
- Consumer rights in everyday life: protection against fraud and unfair contracts
- Guarantee or warranty: who is responsible for defects (in German)
- Defective online order: how to complain properly
- Spotting fake reviews: how to check online ratings (in German)
Sources:
Article 24 FIR (Regulation (EU) No 1169/2011), text (retrieved November 2026)
Last updated: November 2026. This guide is general information, not individual advice.
