Goods and labelling · EU · AT · DE

Best-before and use-by dates

The best-before date (date of minimum durability) says until when a food keeps its properties if stored properly; after that it is not automatically unsafe. Highly perishable foods carry a use-by date; once it has passed they are deemed unsafe. In Austria you must point out an expired best-before date when selling.

Legal basis

EU — applies in Austria and Germany: Reg. (EU) 1169/2011 Art. 2 and Annex X: the date of minimum durability is the date until which a food retains its specific properties when properly stored. Exceptions include bakery products normally eaten within 24 hours.12
EU — applies in Austria and Germany: Reg. (EU) 1169/2011 Art. 24: highly perishable foods carry a use-by date; after it they are deemed unsafe and must not be placed on the market (Reg. 178/2002 Art. 14).34
AT — Austria: § 7 Allergeninformationsverordnung: the best-before date of packaged food must not be extended; when selling after it has expired, this must be clearly pointed out.5
DE — Germany: No national provision on selling after the best-before date found. According to the federal office (BVL), extension by retailers is not ruled out if justified and under full responsibility; food with a use-by date must not be relabelled (authority information, not law).367

What the inspector wants to see

Is there food past its use-by date in storage?34
Do you check best-before and use-by dates on receipt?8
Austria: is food past its best-before date sold with a notice, and has no date been extended?5
Is food stored so that the oldest or first-to-expire is used first?9

Common mistakes

A use-by date treated like a best-before date (“still smells fine”).3
Austria: a new best-before date stuck over the old one.5
Food packed in-house sold without a date; whether an exception such as for same-day bakery products applies must be checked case by case.2

Practise, read, print

Practise · 5 minCold chain & deliveries

Sources

We read every source in the original on the date shown and checked it against the text: EU law in its German-language version, the links lead to the English one. All sources and what has changed (in German)

1Regulation (EU) No 1169/2011 on the provision of food information to consumers, Art. 2(2)(r) · checked 23 September 2026
2Regulation (EU) No 1169/2011 on the provision of food information to consumers, Annex X, points 1 and 2 · checked 23 September 2026
3Regulation (EU) No 1169/2011 on the provision of food information to consumers, Art. 24(1) · checked 23 September 2026
4Regulation (EC) No 178/2002 (General Food Law), Art. 14(1) and (2) · checked 23 September 2026
5AT — applies in AustriaAllergeninformationsverordnung, the allergen information ordinance, Federal Law Gazette II No. 175/2014, Austria, § 7 · in German, checked 23 September 2026
6DE — applies in GermanyFederal Office of Consumer Protection and Food Safety (BVL): questions on best-before dates (authority information, not law), expired date · in German, checked 23 September 2026
7DE — applies in GermanyFederal Office of Consumer Protection and Food Safety (BVL): questions on best-before dates (authority information, not law), extending the best-before date · in German, checked 23 September 2026
8DE — applies in GermanyCity of Munich, food control: information sheet on a business’s own checks (as of May 2026), points 1–6 · in German, checked 23 September 2026
9Commission Notice 2022/C 355/01 on good hygiene practice and HACCP (guidance, not law), Annex I, point 3.4 (incoming goods) · checked 23 September 2026

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