In almost every case, yes, stores are allowed to sell expired food. No federal law bans the sale of food past the date printed on the package, and the dates themselves are quality estimates set by the manufacturer, not safety deadlines set by the government. The only nationwide exception is infant formula. A minority of states add their own rules for specific perishables like milk, eggs, and shellfish, and every store, everywhere, is still barred from selling food that has actually spoiled, whatever the label says.
What the Date on the Package Actually Means
The phrases stamped on food packaging look regulatory, but for almost all products they carry no federal weight. Manufacturers set them based on taste testing and quality analysis, not on when the food becomes dangerous.1Food Safety and Inspection Service (FSIS). Food Product Dating The USDA and FDA recommend that companies voluntarily use “Best if Used By” as a standardized quality phrase, but companies remain free to choose their own wording.2U.S. Food and Drug Administration. USDA-FDA Seek Information About Food Date Labeling
Here is what the common phrases mean in practice:
- Best if Used By or Best Before is a quality indicator suggesting when flavor and texture peak. Food eaten after this date is safe if stored properly and showing no spoilage.
- Sell-By is an inventory tool for the retailer, telling the store when to rotate stock. Plenty of shelf life typically remains after that date.
- Use-By is the manufacturer’s last recommended date for peak quality. For every product except infant formula, it is still a quality suggestion.
- Freeze-By tells you when to freeze the product to lock in quality for longer storage.
None of these phrases means “unsafe after this date.” The USDA explicitly states that food showing no signs of spoilage “may be sold, purchased, donated and consumed beyond the labeled ‘Best if Used By’ date.”1Food Safety and Inspection Service (FSIS). Food Product Dating
Infant Formula Is the One Federal Exception
Infant formula is the only food product where the federal government mandates a “Use-By” date and effectively prohibits sale after it passes. The FDA requires every infant formula label to include a use-by date based on testing that shows the formula will contain the labeled nutrients and flow properly through a bottle nipple until that date.3eCFR. 21 CFR 107.20 – Directions for Use
After the use-by date, the formula’s nutrient content is no longer guaranteed to match its label. That makes it “misbranded” under federal regulation, and selling misbranded food violates federal law.4eCFR. 21 CFR Part 107 – Infant Formula The FDA can also order a mandatory recall of misbranded infant formula. Because infants depend entirely on formula for nutrition, expired formula should never be purchased, sold, or donated.
State Rules on Specific Perishables
Where federal law stays mostly hands-off, roughly 20 states add their own date-labeling rules for certain perishables. Dairy and milk products are the most frequently regulated category, with about 17 states restricting sales past the labeled date. A smaller number of states regulate eggs and shellfish similarly. These rules vary: some ban the sale outright, others allow it if the product is clearly marked as past-date and still wholesome.
Eggs sit in a related middle ground at the federal level. Cartons bearing the USDA grade shield must display a “pack date,” and when they also carry a “Sell-By” date, that date cannot exceed 30 days from the pack date. This requirement comes from USDA grading rules, and many states layer additional egg-dating requirements on top.1Food Safety and Inspection Service (FSIS). Food Product Dating
The practical result is that the same carton of milk might be legal to sell past its date in one state and a violation in the next. Your state or county health department can tell you what rules apply where you live. For most shelf-stable items like canned goods, cereal, and pasta, state restrictions are rare to nonexistent.
What Stores Still Can’t Do: Sell Food That Has Actually Spoiled
A store can legally sell canned soup years past its “Best By” date. It cannot legally sell soup that has actually gone bad. Under the Federal Food, Drug, and Cosmetic Act, food is “adulterated” if it consists of any decomposed or putrid substance or is otherwise unfit for food.5Office of the Law Revision Counsel. 21 USC 342 – Adulterated Food Introducing adulterated food into interstate commerce is a federal crime.6Office of the Law Revision Counsel. 21 USC 331 – Prohibited Acts The date on the label is irrelevant to this analysis. The condition of the food is what matters.
Stores also carry civil exposure if a product on their shelves has genuinely spoiled. Two theories come up most often.
The first is the implied warranty of merchantability, a principle in commercial law across all 50 states under the Uniform Commercial Code. Any food a store sells carries an automatic guarantee that it is fit to eat. The store does not have to make that promise explicitly; it exists by operation of law the moment the sale happens. If the food turns out to be spoiled, the warranty is broken and the customer can recover damages for the resulting illness and medical costs.
The second is negligence. If a store knew or should have known that a product was spoiled and sold it anyway, that failure of basic care creates liability. Grocery workers are expected to pull visibly damaged or deteriorating products during regular shelf checks, and a store that ignores bulging cans, leaking packages, or obviously discolored meat is inviting a lawsuit.
How to Tell if the Food Is Safe
Since the date does not tell you whether food is safe, your own senses are a better guide. The USDA’s guidance points to several reliable spoilage signs:
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li>Off odors or flavors. Spoilage bacteria produce distinct smells and tastes. If something smells sour, rancid, or just wrong, trust your nose.
- Unusual texture. Sliminess on meat or produce, or unexpected mushiness in items that should be firm, signals bacterial growth.
- Damaged cans. Cans that are dented, rusted, or swollen should be discarded. A swollen can may indicate dangerous bacterial contamination.
One common misconception: a color change in meat or poultry is not necessarily a sign of spoilage. Meat naturally changes color due to oxygen exposure and is often still safe to eat.7Food Safety and Inspection Service. Food Product Dating
For highly perishable items, timing matters more than any printed date. Ground meat and raw poultry should be cooked or frozen within one to two days of purchase. Fresh eggs in the shell keep for three to five weeks in the refrigerator.8Food Safety and Inspection Service. Food Safety Basics These windows apply regardless of what the label says.
If You Bought Past-Date Food or Spotted a Store Selling It
If you get home and notice a product is past its date, the most direct step is to return it. Most grocery stores will issue a refund or exchange without much fuss, since keeping your business matters more to them than arguing over a $4 yogurt.
If a store is routinely selling past-date items, particularly perishables that are visibly deteriorating, that points to a broader problem worth reporting. You can file a complaint with your county or city health department, which has authority to inspect the store and enforce food safety standards.9FoodSafety.gov. How to Report a Problem with Food If you believe food from a store made you sick, contact your local health department as well. They track foodborne illness complaints and can investigate potential outbreaks.