Use-by vs best-before dates: what you can serve and what you can't
A use-by date and a best-before date are not the same thing, even though both appear on the pack. Mixing them up can cost you a fine or, worse, make a customer ill. And if you run a kitchen in Spain, most of the labels you'll read are in Spanish.
Updated 15 October 2026 · 7 min read
Two dates that aren't interchangeable
EU Regulation 1169/2011 on food information sets two kinds of date mark: the use-by date and the best-before date. They look alike on the pack, but they mean very different things for your business and for your customers' safety.
The key is what each one measures: use-by is about safety; best-before is about quality. That difference changes everything when it comes to managing stock, rotating it and deciding what you use and what you throw away.
How to read them on a Spanish label
| Date | On a Spanish label | On an English label |
|---|---|---|
| Use-by | «Fecha de caducidad» or «Consumir antes del…» | «Use by» |
| Best-before | «Consumir preferentemente antes del…» | «Best before» |
The word to look for is *preferentemente*. If it's there, it's a best-before date. If the label just says *consumir antes del* or *caducidad*, it's a use-by date, and there's no room for judgement.
Use-by: safety, not up for discussion
Use-by dates go on foods that are highly perishable from a microbiological point of view: fresh meat, fish, fresh dairy, ready-prepared salads and similar. They show the day and month (and the year if the shelf life is longer than three months).
The fixed rule
Food past its use-by date can't be served or sold under any circumstances, even if it looks and smells fine. Doing so is a food safety offence and can lead to civil liability if a customer is harmed.
- Check use-by dates when the goods arrive and at every opening shift.
- Record the batch and the date with each delivery, so you can react if there's a product recall.
- Anything thrown away because it passed its use-by date should be recorded, both to control waste and in case the inspector asks.
Best-before: quality, with nuance
Best-before dates go on foods that don't become a microbiological risk once the date has passed: tins, cereals, biscuits, chocolate, dried pasta, oil, pulses, coffee and so on.
After that date the manufacturer no longer guarantees the best taste, texture or colour, but the product can still be safe to eat. The law doesn't ban using or selling it, as long as it's in good condition, has been stored properly and you don't mislead the customer about it. In practice the call is yours as the operator, and it's a sensory one: if the oil is rancid or the coffee has lost all its aroma, there's no point using it.
| Use-by | Best-before | |
|---|---|---|
| What it measures | Microbiological safety | Quality |
| Can you use it after the date? | No, never | Yes, if it's in good condition |
| Typical foods | Fresh meat, fish, fresh dairy | Tins, cereals, dried pasta, oil |
| Risk once passed | High (customer's health) | Low (lower quality) |
How to manage both in your kitchen
- 1Check at goods-in: note the date of each product as it arrives. If something arrives out of date, or so close to it that you can't use it in time, refuse it or send it back.
- 2First in, first out: always put the products closest to their date at the front so they get used first.
- 3Check the fridges and stores: include a quick look at the dates of the most sensitive products in your daily opening routine. Ideally it's part of your HACCP records.
- 4Label what you make yourself: when you make something from fresh ingredients (a sauce, a stock, a marinade), label it with the date it was made and the last date it can be used. It doesn't have a printed use-by date, but it has a shelf life that you're responsible for.
- 5Record what you remove: anything thrown out for passing its use-by date should be written down.
Your own preparations
The law doesn't set a standard shelf life for what you make in-house: you decide it as the operator, based on the product, how it's stored and your HACCP plan. As a rough guide, cooked dishes with animal protein are usually kept 2 to 4 days in the fridge, sauces and stocks up to 3 days, and anything with raw or lightly cooked egg is best used within 24 hours. If in doubt, ask your food safety consultant.
Spain's food waste law and dates
Spain's Law 1/2025 on preventing food loss and waste asks food businesses, hospitality included, to take active steps to reduce waste, and it requires restaurants to let customers take home what they don't finish. Managing best-before dates well is one of the most direct levers: many foods past their best-before date are still perfectly usable, and throwing them out without checking adds waste that costs you money.
That doesn't mean using food in poor condition to avoid throwing it away. It means rotating stock well enough that you use products before they deteriorate, and using up anything close to its best-before date in that day's dishes.
If you bake or run a production kitchen, dates are one part of a bigger system: see HACCP for bakeries and production kitchens.
gramo records use-by dates and batches as deliveries come in, and warns you before a product reaches its date.
Try gramo freeFrequently asked questions
- Can I serve a dish made with something past its best-before date?
- It depends on the product's condition. If it looks, smells and feels right and has been stored properly, it can generally be used, because best-before is about quality, not safety. If there's any sign of deterioration, throw it out. The decision is yours as the operator and you should be able to justify it if an inspector asks.
- What date do I put on things we make in the kitchen?
- The date it was made and the last date it can be used, which you set based on the type of product and your HACCP plan. There's no single rule for every in-house preparation. A label with the day it was made and its maximum shelf life is the usual practice.
- How do I tell a use-by date from a best-before date on a Spanish label?
- Look for the word «preferentemente». «Consumir preferentemente antes del…» is a best-before date. «Fecha de caducidad» or «consumir antes del…» without «preferentemente» is a use-by date.
- What happens if an inspector finds out-of-date food in my kitchen?
- Food past its use-by date is a food safety offence. Depending on the quantity, the product and whether it's happened before, it can mean anything from a warning to a fine, and the product is removed and may be seized. A daily record of date checks is the best protection.
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