Lexi Webster
In Australia, it is illegal to sell food that has passed its 'use-by' date without an official extension from the manufacturer. This is because it may pose a health and safety risk to the consumer. However, food that has passed its 'best-before' date can still be sold as it is not necessarily unsafe for consumption, although the quality may have declined.
| Characteristics | Values |
|---|---|
| Legality of selling expired food in Australia | It is illegal to sell food after its 'use-by' date in Australia as it may pose a health and safety risk. |
| Food that has passed its 'best-before' date can still be sold if it is fit for consumption. | |
| Baby formula and baby food cannot be sold past their expiration date. | |
| Definition of terms | 'Use-by' date: the date after which food should not be consumed for health or safety reasons. |
| 'Best-before' date: indicates the product's quality up to that date; the product's quality will decline after this date but it may still be safe to consume. | |
| 'Unsuitable' food: food that is damaged, deteriorated, or perished to an extent that affects its reasonable intended use. | |
| 'Unsafe' food: food that is likely to cause physical harm to the general population. |
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What You'll Learn
'Use-by' and 'best-before' dates
In Australia, there are two main types of expiry dates: 'Use-by' and 'Best-before' dates. These are both regulated under Standard 1.2.5 of the Australian New Zealand Food Standards Code (Food Standards Code).
Use-by dates
Use-by dates refer to the date where food is estimated to no longer be consumable for health or safety reasons. Food with a use-by date should be marked as such and must not be sold after this date, as it may be unsafe for consumption. This is considered a breach of the Food Standards Code and the Food Act in each Australian State and Territory. Food that is sold past its use-by date is likely to be regarded as unsafe.
Best-before dates
Food without a use-by date should be marked with a best-before date. Food with a best-before date can be sold after this date and can still be safely consumed, although the quality may decline. A best-before date indicates when a product might begin to deteriorate in quality but will still be safe to eat. Food businesses must monitor whether a product has become unsuitable for consumption, even if it is still safe to eat, as it will no longer be fit for its intended use.
Exemptions
There are some exceptions to the above rules. For example, there is no requirement to include a date mark on the packaging if the best-before date of the food is two years or more, or if another listed exception in Standard 1.2.5-3 applies. Additionally, only baby formula and baby food cannot be sold past their expiration date.
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Food Standards Code
In Australia, it is illegal to sell food that has passed its 'use-by' date without an official shelf-life extension from the manufacturer. This is a breach of the Food Standards Code and, by extension, the Food Act in each Australian state and territory. The Food Standards Code is gazetted and registered as a legislative instrument in Australia on the Federal Register of Legislation.
The Food Standards Code differentiates between 'use-by' and 'best-before' dates. Foods that must be eaten before a certain time for health or safety reasons are marked with a 'use-by' date. Food that has passed this date may pose a health or safety risk and cannot be legally sold. Food that passes its 'best-before' date may have lost some of its quality but is still safe to consume. Selling food after its 'best-before' date is generally not illegal, but food businesses must monitor whether a product has become unsuitable for consumption.
Food that is sold past its 'use-by' date is likely to be regarded as 'unsafe' or 'unsuitable'. Under the Food Act, it is an offence to sell 'unsafe' or 'unsuitable' food. 'Unsafe food' is defined in the Victorian Food Act as food that is likely to cause physical harm to the general population. 'Unsuitable' food is defined in each Food Act and includes food that is damaged, deteriorated, or perished, affecting its reasonable intended use. For example, food that changes state may be unsuitable if it is no longer fit for its intended use, even if it is safe to eat.
All food with a shelf life of less than two years must be marked with a 'use-by' or 'best-before' date. Foods with a shelf life of two years or more, such as some canned goods, do not need to be labelled with a 'best-before' date. This is because it is challenging to provide an accurate guide to how long these foods will keep. Bread is the only food that can have a different date mark; if its shelf life is less than seven days, it can be labelled with a 'baked-on' or 'baked-for' date.
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Offences and penalties
In Australia, it is illegal to sell food that has passed its 'use-by' date without an official extension from the manufacturer. This is a breach of the Food Standards Code and the Food Act in each Australian state and territory. The only foods that cannot be sold past their expiration date are baby formula and baby food. Food that has passed its 'use-by' date is likely to be regarded as unsafe, and unsafe food must not be sold knowingly. Under Section 9 of the Victorian Food Act, a person must not sell food that they know is unsafe.
There are three relevant offences: the 'serious' offence of knowingly selling unsafe food, as well as the offences of selling unsafe food and selling unsuitable food. Food that is damaged, deteriorated, or perished to the extent that it affects its intended use is considered "unsuitable". Even if the food is still safe to eat, it could be considered unsuitable if it has changed state, such as going from liquid to solid or vice versa, or if grains have sprouted.
Selling food that is past its 'best-before' date is generally not illegal, as this date indicates the expected decline in quality rather than safety. However, food businesses must monitor whether a product has become unsuitable for consumption. Food that is past its 'best-before' date may still be sold if it is fit for consumption.
Penalties for selling expired food in Australia are not explicitly stated, but they likely vary depending on the severity of the offence and the specific state or territory's legislation.
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Food quality and safety
'Best Before' dates indicate the estimated date when a product's quality may begin to decline. Products that have passed their 'Best Before' date can still be sold and consumed, provided they are fit for consumption. However, food businesses must monitor whether a product has become unsuitable for consumption, even if it is still safe to eat. For example, food that changes state, such as liquids that irreversibly turn into solids, may no longer be suitable for their intended use.
On the other hand, 'Use By' dates refer to the date after which food should not be consumed for health or safety reasons. It is a breach of the Food Standards Code, and consequently, the Food Act in each Australian State and Territory, to sell food after its 'Use By' date. This is because food sold past its 'Use By' date is likely to be considered unsafe or unsuitable.
To ensure compliance with food safety regulations, food businesses must ensure clear labelling and identify goods that are close to their expiry date. Additionally, certain foods, such as bread with a shelf life of less than 7 days, must include specific date-marking information, such as a 'Best Before' date, 'baked-for' date, or 'baked-on' date.
It is important to note that selling unsafe or unsuitable food is a serious offence, and businesses must take appropriate measures to prevent this. By adhering to these regulations, food businesses can maintain the quality and safety of their products, protecting consumers from potential health risks.
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Food waste
In Australia, the two main types of food expiry dates are "best before" and "use by". "Best before" indicates that the product's quality is guaranteed until that date, and these products can be sold and consumed after this date, although quality may decline. "Use by" refers to the date after which food should not be consumed for health or safety reasons, and it is illegal to sell food past this date without an official extension from the manufacturer. Food that is past its "use by" date is considered unsafe food under Australian law, and selling it is a breach of the Food Standards Code and the Food Act in each Australian state and territory.
Food that is past its "best before" date but still safe to consume can be sold, but food businesses must monitor whether a product has become unsuitable for consumption. "Unsuitable" food is defined in each Food Act and includes food that is damaged, deteriorated, or perished, affecting its intended use. For example, food that changes state, such as from liquid to solid, may be unsafe even if it appears edible.
To ensure food safety and reduce waste, consumers should be aware of the differences between "best before" and "use by" dates and only purchase and consume food within these guidelines. Additionally, using sensory cues to look for signs of spoilage, such as bulging cans or unpleasant smells, can help individuals make informed decisions about food safety and reduce unnecessary waste.
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Frequently asked questions
It is illegal to sell food in Australia past its 'use-by' date without an official extension from the manufacturer. Food that has passed its ''best-before' date can still be sold but it is not recommended as the quality will decline.
'Use-by' dates indicate when a food product is no longer safe for consumption for health and safety reasons. 'Best-before' dates indicate when a product might begin to deteriorate in quality but can still be safely consumed.
Selling expired food in Australia is a breach of the Food Standards Code and the Food Act in each Australian State and Territory. There are three relevant offences: knowingly selling unsafe food, selling unsafe food, and selling unsuitable food.
