‘Use By’ vs ‘Best Before’ Dates: Compliance For Australian Businesses

If you sell food or drink in Australia, date marking isn’t just a nice-to-have - it’s a core part of food safety and consumer compliance.

You’ll see “Use By” and “Best Before” dates across supermarket shelves, cafe displays and online food stores. But as a business owner, do you know which one to use, what you can legally sell, and how the rules are enforced?

In this guide, we’ll explain the difference between Use By and Best Before dates in Australia, who regulates and enforces the rules, when each label is required, and what your obligations are under food laws and the Australian Consumer Law (ACL). We’ll also share practical tips to help you stay compliant day-to-day.

What’s The Difference Between ‘Use By’ And ‘Best Before’ In Australia?

Use By: A Safety Deadline

A Use By date is about safety. It indicates the last day the food is considered safe to consume when stored as directed.

After the Use By date, the product is not regarded as safe and must not be sold. This isn’t a “quality preference” - it’s a clear safety boundary, particularly relevant for perishable, ready-to-eat foods.

Typical examples include pasteurised milk, fresh chilled meats, soft cheeses, prepared salads and ready-to-eat refrigerated meals. These products can become unsafe to eat even if they look or smell fine.

Best Before: A Quality Indicator

A Best Before date is about quality. It tells customers the period during which the food is expected to be at its best - flavour, texture and overall eating experience.

Food may still be safe to eat after the Best Before date if it’s been stored correctly and the packaging is intact. Businesses can generally sell products after their Best Before date, provided the food is still fit for human consumption and customers aren’t misled about the product’s condition or shelf life.

• Use By: A safety deadline. Food is not safe to consume after this date and must not be sold.
• Best Before: A quality timeframe. Food can be sold after this date if safe, but quality may have diminished.

Who Sets The Rules And Who Enforces Them?

It helps to separate standard-setting from enforcement.

• Food Standards Australia New Zealand (FSANZ) develops the Australia New Zealand Food Standards Code (the Food Standards Code). The Code sets the rules for date marking, including when Use By or Best Before dates are required and the terminology you must use.
• Enforcement is handled by state and territory food regulators (often working with local councils). They monitor compliance, inspect premises, issue notices and fines, and can direct recalls or stop sales of non-compliant products.
• Australian Consumer Law (ACL) sits alongside food laws. It prohibits misleading or deceptive conduct in trade and commerce (for example, implying a product is fresh or safe when it’s past its Use By date), and regulates representations about goods, including quality and characteristics.

So, FSANZ sets the standards in the Code. State and territory authorities enforce compliance on the ground. The ACL also applies to your advertising and representations about date-marked foods.

When Do You Need Each Date (And What You Can Legally Sell)?

When You Must Use A ‘Use By’ Date

Apply a Use By date to foods that are highly perishable and may present a food safety risk after a certain period, even when stored as instructed. This often covers chilled, ready-to-eat and short-shelf-life items.

Key points:

• Do not sell food after its Use By date - this is a safety breach and a compliance issue under state and territory food laws.
• Follow storage and handling directions that support the Use By date (for example, “keep refrigerated below X°C”).

When A ‘Best Before’ Date Is Appropriate

Use a Best Before date for foods that remain safe beyond a certain time but may decline in quality. You’ll see this on pantry staples (e.g. canned goods, cereals, biscuits), frozen foods and long-life products.

Key points:

• It’s generally permitted to sell food after the Best Before date if it’s still safe and the packaging is intact.
• There’s no requirement to add a special “past Best Before” label, but you must not mislead customers about quality, freshness or shelf life.

Exemptions And Special Cases

• Some foods with a very long shelf life (often two years or more) may not require date marking under the Code. Even where exempt, you must ensure the food is safe and accurately described.
• Bread is a common special case: it may be marked with a baked-on or baked-for date (depending on the product and the Code’s requirements).

Storage Instructions Matter

Date marking often goes hand-in-hand with storage instructions. If the safety or quality of the food depends on how it’s stored, include clear storage directions and ensure your handling aligns with those directions. This supports the accuracy and safety of the date you’ve marked.

Your Legal Obligations Under Australian Law

As a food business - whether you’re manufacturing, wholesaling, retailing or selling online - you’re responsible for accurate date marking and safe supply. Here’s a practical overview of your obligations.

1) Apply The Correct Date Marking

• Use the terminology required by the Food Standards Code (“Use By” or “Best Before”) and ensure dates are legible, durable and easy for consumers to find.
• Mark and rotate your stock so you can remove items that are past their Use By date without delay.

2) Don’t Sell Food Past Its Use By Date

• Once the Use By date has passed, remove the product from sale and dispose of it according to your procedures.
• Train staff to check daily for items approaching and exceeding their Use By dates.

3) If Selling After Best Before, Avoid Misleading Conduct

• It is generally lawful to sell food after the Best Before date if it is still safe, but you must not mislead customers about quality, freshness or shelf life.
• Be careful with promotional claims (“fresh”, “new season”, “premium”) if the stock is at or past its Best Before. Claims must be accurate and substantiated.

Misleading or deceptive conduct is prohibited under section 18 of the Australian Consumer Law. The ACL also restricts false representations about the quality or characteristics of goods.

4) Make Sure Your Marketing, Pricing And Returns Policies Align

• If you discount short-dated or Best Before stock, your price displays and promotional materials must be clear and accurate. It’s wise to review your approach against Australia’s advertised price laws.
• For online sellers, align your Online Shop Terms & Conditions with how you handle short-dated stock, delivery timeframes and refunds.
• If you offer any promise that goes beyond the minimum consumer guarantees, capture it properly in a warranties against defects policy so customers know exactly what you’re offering and on what terms.

5) Online Sales: Privacy And Consumer Information

• If you collect any personal information (for orders, loyalty programs or email marketing), publish and follow a compliant Privacy Policy.
• Ensure product pages present date-related information and storage requirements clearly to avoid confusing or misleading customers.

6) Internal Policies, Records And Staff Training

• Document your date-marking, stock rotation and disposal procedures and train staff to follow them consistently.
• Keep records of batch numbers and date-marking decisions to support traceability and, if needed, recalls.
• Consider using a concise Disclaimer on materials about Best Before goods to set expectations about quality - but remember a disclaimer can’t excuse misleading conduct or unsafe practices.

Practical Compliance Tips For Food Businesses

The rules are clear - but putting them into practice day-to-day is where strong systems make the difference. These tips can help you stay on the right side of compliance while building customer trust.

Build A Robust Stock Control System

• Adopt first-expiry-first-out (FEFO) processes, not just first-in-first-out (FIFO). Prioritise items with the earliest dates.
• Use shelf tickets or back-of-house logs to surface upcoming Use By dates so nothing gets missed at busy times.
• Automate where possible (scanning, alerts or simple digital checklists) to reduce human error.

Set Clear Rules For Short-Dated And Best Before Stock

• Decide when to discount, how to present the offer, and what checks staff must complete before stock goes on display.
• Make sure signage and product descriptions match what customers will receive - avoid phrases that overstate freshness or shelf life.
• If you’re selling online, mirror the same logic in your product listings and cart pages so there’s no inconsistency with your Online Shop Terms & Conditions.

Make Your Storage And Handling Match The Label

• Keep storage temperatures and handling within the limits assumed by your Use By or Best Before date. If your cold chain is interrupted, reassess the stock and don’t rely on the original date uncritically.
• Include storage instructions where required and train staff to communicate them when relevant (e.g. “keep refrigerated below X°C”).

Review Your Marketing Against The ACL

• Cross-check product tags and social posts for potential issues under the ACL, including misleading or deceptive conduct and false representations.
• Be particularly cautious using “fresh”, “premium”, “just made” or “long life” near products at or past their Best Before date.

Document And Train

• Write down your date marking and disposal processes so they survive staff turnover and scale with your business.
• Run short refreshers for staff ahead of seasonal peaks (public holidays, Easter, Christmas) when turnover and complexity increase.

Have A Plan For Complaints And Recalls

• Prepare a simple complaints-handling workflow so you can act quickly if a customer raises a safety or quality concern.
• Keep traceability records so you can identify the affected batch and act decisively if a recall or withdrawal becomes necessary.

Key Takeaways

• Use By and Best Before dates serve different purposes: Use By is a safety deadline (no sales after this date), while Best Before is about quality (sales can continue if the food is safe and customers aren’t misled).
• FSANZ sets the standards in the Food Standards Code; state and territory food regulators (with local councils) enforce compliance. The ACL also applies to your representations about food quality, safety and shelf life.
• Apply the correct date, follow storage instructions that support the date, and remove products past their Use By date without delay.
• When selling products at or after their Best Before date, ensure the food is safe and your marketing, pricing and displays are accurate and not misleading.
• Align your online sales processes with your legal obligations by using clear Online Shop Terms & Conditions, a compliant Privacy Policy, and (where relevant) a clear warranties against defects statement.
• Strong stock control, accurate marketing and documented procedures are the backbone of ongoing compliance and customer trust.

If you’d like a consultation on Australian food labelling and consumer compliance - or support drafting documents like your Online Shop Terms & Conditions or Privacy Policy - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.