Two phrases that most people treat as meaning the same thing, but the law treats in completely different ways. Both appear on packages in small print, next to the batch number, and both refer to time. That is where the similarities end: one label is about quality, the other is about safety.
Date of minimum durability – what “best before” means
The date of minimum durability is the date until which a food keeps its properties when it is stored correctly. On the package, it appears as “best before” or “best before end”.
The difference between them is how exact the date is. When the date includes the day, the phrase is “best before”. When only the month and year, or only the year, are given, the phrase is “best before end”.
This label refers to the quality that the producer states: taste, smell, texture and the amount of components, as long as the storage conditions on the package are followed.
Food supplements are labelled in exactly this way.
“Use by” date – what “use by” means
The “use by” date is used for foods that go off quickly from a microbiological point of view. On the package, it appears as “use by”.
Here the legal result is clear. After this date, the food is considered unsafe under food law. It must not be sold or eaten.
So this is not a suggestion about quality, but a safety limit. Look, smell and taste do not decide here, because you often cannot see, smell or taste a microbiological risk.
Why the law separates these two labels
The difference exists because products go off in different ways. In some, mainly the quality changes over time. In others, microorganisms that are a risk to health can grow.
| Criterion | Best before | Use by |
|---|---|---|
| What it is about | Quality and stated properties | Microbiological safety |
| Formal name | Date of minimum durability | “Use by” date |
| Typical products | Food supplements, dry products, tinned food, preserves | Products that go off quickly from a microbiological point of view |
| Status after the date | The producer no longer states the quality parameters | The food is considered unsafe and must not be eaten |
| Who judges the situation | The producer and the consumer, with care | The law decides clearly |
Which products get which label
The type of product decides which label to use. The “use by” date is used where a direct risk to health can appear after a short time.
Some products do not need to show a date. The law lists, among others, fresh fruit and vegetables that have not been peeled, table salt, solid sugar, vinegar and drinks with a high enough alcohol content. The full list is in the annex to the regulation on food information.
Food supplements are labelled with a date of minimum durability.
More: How to read the ingredients of a food supplement – what to look at beyond the marketing name
What the label tells you and what it does not
The date tells you until when the producer states certain parameters of the product. It does not tell you what happens the day after this date, because the statement simply stops applying.
The label also does not replace checking the condition of the product. A change in colour, smell or texture, a swollen package or a damaged closure are reasons not to eat the product, no matter what date is on the label.
The date also assumes certain storage conditions, not any conditions. We explain this later in the text.
Batch number – what it is for
The batch number, usually marked “Lot” or with the letter L, identifies a production batch made in similar conditions. The duty to show it comes from separate laws.
It matters mainly in practice: if you make a complaint, ask the producer a question or a product is withdrawn from the market, it shows which batch the issue is about.
Keep it together with the package, because without the batch number and the date, it is harder to deal with a report.
More: How food supplements are supervised in Poland – notification, GIS and producer obligations
The date and storage conditions
Do not skip this section. The date on the package only applies if the product is stored correctly and the package is not damaged.
This means three things at the same time:
- The conditions must match the producer’s recommendations. Instructions such as “store in a cool, dry place” are part of the statement, not an extra.
- The package must not be damaged. A broken seal, a closure that does not seal or signs of leaking mean that the conditions were broken.
- After opening, a separate time applies. If the producer gives a time to use the product after opening, this time sets the limit, whatever the date of minimum durability. More: Storing supplements – temperature, light, moisture and the fridge after opening
If a product is not stored as recommended, for example if it is left in a hot car, the producer’s statement does not cover it, even if the date has not passed yet.
What to do with a product after the date
The situation is clear: after the “use by” date, the food is considered unsafe and must not be eaten.
For the date of minimum durability, the legal status is different, but this does not mean you should use the product. After this date, the producer no longer states the quality parameters.
For food supplements, there is a practical rule: do not use the product after the date. The stated amount of components applies to the period before the date. After it, the producer does not guarantee it.
If in doubt, contact the producer and give the batch number and the date from the package. If you are still not sure, follow the simplest common-sense rule: do not take the product.
Summary
“Best before” is the date of minimum durability and refers to the quality that the producer states. “Use by” is about microbiological safety, and after this date the food is considered unsafe.
Food supplements are labelled with a date of minimum durability. Next to it, there is a batch number that identifies the production batch.
The most important condition is about storage: the date only applies if the product is stored correctly and the package is not damaged. Do not use the product after the date, and if in doubt, contact the producer.
FAQ
Is a supplement unsafe after its date of minimum durability?
The law does not automatically consider it unsafe, as it does after the “use by” date. But this is not a reason to use it: the producer no longer states the quality parameters, so do not use the product after the date.
Can I treat the date as a rough guide if the product looks normal?
How a product looks does not replace the producer’s statement. With a “use by” date, you often cannot see, smell or taste a microbiological risk. With a date of minimum durability, a normal look does not mean that the stated parameters still apply.
What should I do if the date cannot be read or has worn off?
Without a readable date, you cannot tell whether the product is still within its shelf life, so it is safer not to use it. Contact the seller or producer and give the batch number, if you can see it.
Does the date also apply to a product after opening?
Not fully. The date of minimum durability refers to an unopened product that is stored as recommended. After opening, use the product within the time the producer gives, if there is one.
Sources
- Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, including the annex that sets out how to show the date of minimum durability.
- Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, including the requirements for food safety.
- Directive 2011/91/EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which a foodstuff belongs.
- Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements.
- Chief Sanitary Inspectorate (Poland), information materials on food labelling and food safety, https://www.gov.pl/web/gis