The map
How each state treats dates on food
- Rules can reach some snacks 8
- Date rules for other foods only 37
- No state date rule found 5
- Unclear, check with the state 1
Tap a state to see its rule below. The groups describe state law only. Cities and counties can have their own rules.
Look up a state
Each state shows what its rule means for packaged shelf-stable snacks, which foods its date rules cover, and the official pages we used.
What the three groups mean
- Rules can reach some snacks
A state law or rule sets what date labels must say, requires a date on some packaged foods, or limits selling them past the date, in a way that can include snacks. Most of these rules cover short-dated foods, so the snacks they reach are things like snack cakes and soft baked goods, not chips or candy. Several allow past-date sales if the product is still wholesome, kept apart and clearly marked. 8 states.
- Date rules for other foods only
The state has date rules, but only for named foods such as milk and dairy, eggs, shucked shellfish, infant formula or refrigerated ready-to-eat foods. Packaged shelf-stable snacks are not among them. 37 states.
- No state date rule found
We found no state law or rule on date labels in the official sources we checked. The federal rules still apply, and so does the ban on selling spoiled food. 5 states.
- Unclear, check with the state
The state’s law points to a rule whose current status we could not confirm from official sources. The state’s card explains what is unclear and who to ask. 1 state.
- What we left out
Most states follow the FDA Food Code, which makes restaurants and stores date-mark refrigerated ready-to-eat food they prepare or open. That rule is about food held in a kitchen or deli, not sealed snacks on a shelf, so it does not put a state in the first two groups.
What the dates on a package mean
- Best if Used By
When the product will have its best flavor or quality. USDA says it is not a purchase-by date or a safety date.
- Sell-By
How long the store should display the product, for inventory. USDA says it is not a safety date.
- Use-By
The last date recommended for use at peak quality. USDA says it is not a safety date, except on infant formula.
- Coded dates
Letters and numbers the manufacturer prints to identify when the product was made. Our date code decoder turns day-of-year codes into real dates.
Since 2019 the FDA has encouraged food companies to use “Best If Used By” for dates about quality, and USDA recommends the same wording. Using it is voluntary. California now sets the wording by law: food made on or after July 1, 2026 that carries a date uses “BEST if Used by” for quality and “USE by” for safety.
What federal law says
- Only infant formula needs a date. USDA and the FDA both say federal rules require a date only on infant formula. The FDA rule (21 CFR 107.20) calls for a “Use by” month and year, and until that date the formula must hold the nutrients on its label. The rule itself does not address selling formula after the date. USDA tells shoppers not to buy or use formula past it.
- Past-date food may be sold if it is still good. USDA says food with no signs of spoilage may be sold, bought, donated and eaten after its “Best if Used By” date.
- Spoiled food is a different matter. Under the federal Food, Drug, and Cosmetic Act, food that is decomposed or otherwise unfit is adulterated, and selling adulterated food is prohibited. That turns on the food’s condition, not the printed date.
- No new federal rule yet. USDA and the FDA asked the public for input on date labels in December 2024, and comments closed on March 5, 2025. We found no federal date-label rule issued since then on the official pages we checked.
What this means on a snack route
For most snacks in most states, what comes off the shelf is decided by the store’s own policy and your agreement with the store, not by state law. A few habits keep that clean:
- Agree on a pull rule with each store. Write down how many days before the date you pull, and whether you credit or swap what you pull. The rule is then the same no matter which driver is in the store.
- Check short-dated items first. Snack cakes and soft baked goods have short dates and are what most state date rules reach. In states that allow past-date sale only if the product is kept apart and marked, pulling it on time avoids the question.
- Write down every item you pull. Record the product, the date code and the reason on the store’s credit. Our credit memo and stale return log does this on paper.
- Rotate at every stop. Move older product to the front so it sells first. Product hidden behind newer stock is the product that comes back as a stale.
- Never leave damaged or spoiled product. A torn, crushed or stale-smelling bag comes off the shelf whatever the date says.
Every state at a glance
| State | Group | Foods its date rules cover |
|---|---|---|
| Alabama | Date rules for other foods only | baby food, infant formula, potentially hazardous (temperature-control) foods such as meat, dairy, eggs, seafood and shellfish; ready-to-eat meat; beverage date labels may not be obscured |
| Alaska | Date rules for other foods only | packaged shucked shellfish; reduced-oxygen packaged foods made at food services or markets (including cheese) |
| Arizona | Date rules for other foods only | shell eggs (expiration date); pasteurized in-shell eggs (best-by or use-by date) |
| Arkansas | Date rules for other foods only | raw shucked shellfish (sell-by or best-used-by date on packages under one-half gallon; date shucked on larger packages) |
| California | Rules can reach some snacks | wording of date labels on most foods made on or after July 1, 2026 (eggs and infant formula exempt) |
| Colorado | Date rules for other foods only | shell eggs (pack date required; optional sell-by; 45-day sale limit) |
| Connecticut | Date rules for other foods only | milk, milk products and cheese that are not processed and packaged for room-temperature storage (last sale date) |
| Delaware | No state date rule found | None found |
| District of Columbia | No state date rule found | None found |
| Florida | Date rules for other foods only | milk and milk products (including frozen desserts); shucked shellfish and oyster shellstock (sell-by labels); eggs (pack date only) |
| Georgia | Date rules for other foods only | eggs; infant formula; Grade A milk; shucked oysters; time/temperature-control-for-safety foods and any food labeled "keep refrigerated" |
| Hawaii | Date rules for other foods only | processed milk and milk products (sell-by date; no sale after it) |
| Idaho | No state date rule found | None found |
| Illinois | Date rules for other foods only | eggs (expiration date optional, but sale past a marked date banned; Julian pack date required) |
| Indiana | Date rules for other foods only | shell eggs in consumer packages (pack date and expiration date; eggs offered past expiration are removed at inspection) |
| Iowa | Date rules for other foods only | eggs (pack date) |
| Kansas | Date rules for other foods only | shell eggs (pack date and expiration date on each container) |
| Kentucky | Date rules for other foods only | Grade A pasteurized milk and milk products (use-by date) |
| Louisiana | Date rules for other foods only | shell eggs (pack date); post-harvest processed shellstock oysters, clams and mussels (sell-by or best-if-used-by date on tags) |
| Maine | Date rules for other foods only | shucked molluscan shellfish (via adopted National Shellfish Sanitation Program Model Ordinance; unconfirmed from rule text) |
| Maryland | Date rules for other foods only | Grade A fluid milk and milk products kept at 45 F or less (sell-by date; 18-day sale limit); packaged foods whose safety is assured only until a date (use-by date, processors) |
| Massachusetts | Rules can reach some snacks | Prepackaged perishable foods (shelf life 60 days or less) and semi-perishable foods (over 60 but under 90 days); the past-date sale rule applies to any food product bearing an open date, including voluntarily dated long shelf-life and frozen foods |
| Michigan | Rules can reach some snacks | Prepackaged perishable foods (bakery items with a 7-day or shorter shelf life may use a day of the week); meat removed from a federally inspected package; nonperishable foods that carry a date; Grade A milk products are dated under the separate milk law |
| Minnesota | Rules can reach some snacks | Perishable foods, defined as any food with a quality assurance date, excluding meat, poultry, frozen food and fresh produce (dating mandatory at 90 days or less from packaging); eggs (pack date plus quality assurance date); shucked shellfish |
| Mississippi | Date rules for other foods only | shell eggs (pack date required; optional expiration or quality date with sale cutoff); shucked shellfish (unconfirmed) |
| Missouri | Date rules for other foods only | shell eggs (date graded on each container) |
| Montana | Date rules for other foods only | Grade A pasteurized fluid milk (pasteurized date and sell-by date; 12-day limit) |
| Nebraska | No state date rule found | None found |
| Nevada | Date rules for other foods only | milk and milk products sold at retail (processor-set pull date); certified raw milk |
| New Hampshire | Date rules for other foods only | prewrapped sandwiches (fresh refrigerated, or frozen then thawed for retail sale); cream (unconfirmed) |
| New Jersey | Date rules for other foods only | fluid milk products; cottage cheese and soft cheeses the Department designates |
| New Mexico | Date rules for other foods only | fluid milk (whole, lowfat, non-fat, skim, flavored), half and half, cream |
| New York | No state date rule found | None found |
| North Carolina | Date rules for other foods only | meat, meat products, poultry, seafood (sell-by date tampering only) |
| North Dakota | Date rules for other foods only | shell eggs (pack date, farm flock egg handling rules); refrigerated ready-to-eat foods in food establishments (Food Code date marking) |
| Ohio | Rules can reach some snacks | packaged perishable foods with a quality period of 30 days or less (manufacturer decides); excludes fresh produce and meat/poultry |
| Oklahoma | Date rules for other foods only | shell eggs; raw shucked shellfish |
| Oregon | Rules can reach some snacks | processed/cured meats; fluid milk, cream, cottage cheese, yogurt, sour cream, dips, soft cheeses; bakery products (incl. cakes) and pastries, cookies, crackers with 16% or more moisture; shell eggs; mayonnaise-type salads, puddings, sandwiches and other ready-to-eat items; poultry; fresh meat; fresh sausage; fresh seafood and fish |
| Pennsylvania | Date rules for other foods only | pasteurized fluid milk |
| Rhode Island | Rules can reach some snacks | packaged bakery products made of flour with a manufacturer shelf life of 60 days or less (pull date; frozen and canned excluded; some retail bakeries exempt); shucked shellfish |
| South Carolina | Date rules for other foods only | eggs (date packed on shipping cases); refrigerated ready-to-eat TCS foods in retail food establishments (Food Code date marking) |
| South Dakota | Date rules for other foods only | home-prepared foods sold without a license (date made); refrigerated ready-to-eat potentially hazardous foods in food service (Food Code date marking) |
| Tennessee | Date rules for other foods only | refrigerated ready-to-eat TCS foods in retail food stores; reduced-oxygen packaged foods and cheese; raw shucked shellfish |
| Texas | Date rules for other foods only | shucked molluscan shellfish |
| Utah | Date rules for other foods only | raw milk and raw milk products sold directly from the farm (sell-by date); refrigerated ready-to-eat foods in food establishments (Food Code date marking) |
| Vermont | Date rules for other foods only | refrigerated ready-to-eat foods in food establishments (7-day date marking); eggs (limits on optional sell-by and best-by dates) |
| Virginia | Date rules for other foods only | dairy products (butter, cheese, dry, evaporated and condensed milk products); shucked shellfish |
| Washington | Rules can reach some snacks | perishable packaged foods with a projected shelf life of 30 days or less (excludes raw agricultural commodities, alcohol, frozen foods, fresh meat, poultry, fish and shellfish); frozen dessert mix |
| West Virginia | Unclear, check with the state | unclear; possibly prepackaged perishable foods (shelf life of 60 days or less) under the adopted national open dating regulation |
| Wisconsin | Date rules for other foods only | shell eggs (pack date plus a sell-by/expiration or use-by date; no retail sale after the sell-by date) |
| Wyoming | Date rules for other foods only | eggs (packaging date on cartons); refrigerated ready-to-eat potentially hazardous foods in food establishments (7-day date marking) |
Questions
Is it illegal for a store to sell expired chips?
Not under federal law, and not under the state law of most states, as long as the chips are not spoiled. Federal rules do not require a date on chips, and USDA says food without signs of spoilage may be sold past its “Best if Used By” date. Check your state on the map, because a few state rules reach some packaged foods.
What about candy and chocolate?
The same federal rules apply. Most state date rules do not name candy at all, and Oregon’s rule lists candy as exempt from its pull dates. Look up your state to see what its rule covers.
Can a store sell past-date food if it marks it down?
In some states that is the condition. Massachusetts, Oregon, Rhode Island and Washington allow food covered by their rules to be sold after the date only if it is still wholesome or safe, kept apart from in-date stock and marked as past date. Michigan requires it to be wholesome and clearly marked as past date. Each state’s card describes its rule.
Do cities and counties have their own rules?
Some do. This page covers state law only. If you deliver into a large city, ask its health department whether it adds a date rule.
Who decides what a route driver pulls?
Usually the store and the distributor, by agreement. Manufacturers and stores set their own freshness policies, and a state rule only matters for the foods it covers. Put the pull rule in writing with each store.
How current is this page?
Every state was checked against its own official sources on October 25, 2026, and each state’s card lists the pages used. Rules change, so follow the stateIf a rule has changed since then, the state’s own page is the one to follow.rsquo;s current version if it differs from this page.
Related tools
Sources
- Food Product Dating, USDA Food Safety and Inspection Service.
- Working with the Food Industry to Reduce Confusion Over Date Labels, FDA.
- Letter to the food industry on “Best If Used By”, FDA, May 23, 2019.
- 21 CFR 107.20, infant formula directions for use and “Use by” date, eCFR.
- Food Date Labeling, Request for Information, 89 FR 96205, December 4, 2024, USDA FSIS and FDA.
- Constituent Update, January 3, 2025 (comment period extended to March 5, 2025), USDA FSIS.
- 21 U.S.C. 342, adulterated food and 21 U.S.C. 331, prohibited acts, U.S. Code via govinfo.gov.
State rules were checked against each state’s own statute, regulation or agency pages on October 25, 2026, and each state’s sources are listed in its lookup card above. Laws change. If a state’s page says something different from this one, follow the state. This page is general information for businesses, not legal advice.
Every stale pulled, credited on the invoice.
Tallysnack lets drivers scan or tap each expired item they pull, puts the credit on the store’s invoice, and shows the office what came back from every store. We are building it now. Join the list for monthly updates on the build.
Who we are. Tallysnack makes route software for direct store delivery (DSD) snack, candy and beverage distributors. It’s built by a family that has run snack routes for more than 30 years, and it is in development. See how it works