Date Labeling for the U.S. Market: No Federal Rule, Two Phrases in California from 2026

Federal law mandates date labels only on infant formula — but channels enforce shelf-life thresholds, states set their own rules, and California narrows legal wording to BEST if Used By and USE By from 2026. Plus the three mistakes Taiwanese exporters make: month/day/year misreads, unreadable placement, and copying the Taiwan expiry date into a US quality date.

Here is a fact that upends Taiwanese intuition: US federal law does not require date labeling on general foods. Taiwan’s logic is “no expiry date, get fined”; the US logic is that date marks are essentially the maker’s own quality promise — the only federally mandated category is infant formula. That is why US shelves carry Best By, Use By, Sell By and Enjoy By side by side: nobody is breaking a rule; there simply is no uniform one. So can exporters skip the date? Not so fast.

Written by SKYCARGO INC, a US logistics company shipping between the US and Taiwan since 2014 and incorporated in the US in 2023, with warehouses in Oregon, Los Angeles and Taoyuan; it serves as an FDA U.S. Agent and can assist clients with USDA registrations and inquiries. More on this topic: US Food & FDA Compliance: The Complete Guide Index.

No federal rule does not mean nobody cares

Three forces police your date label in practice:

  • The channel: supermarkets and e-commerce receiving docks enforce remaining-shelf-life thresholds — an unclear date or too little life left on arrival means rejection, which bites earlier than any regulation
  • State law: date labeling is state turf and rules differ; selling into a state means reading that state
  • Print it, own it: once a date is on the package it is part of the label — wrong, altered, or inconsistent with actual quality can constitute misbranding

California 2026: two phrases only

The state layer’s headline is California. US date language had grown chaotic — Sell By was a restocking cue for staff, but consumers read it as an expiry and threw good food away. California’s law effective 2026 narrows legal wording to two phrases:

  • “BEST if Used By” — a quality date: past it, flavor may fade; safety is not the claim
  • “USE By” — a safety date: past it, consumption is not advised

Confusing formats like Sell By are retired. For Taiwanese exporters the implication is direct: goods bound for California channels need the new wording, and California is big enough that national retailers tend to adopt its standard for all packaging — converting once, early, is cheaper than running two label sets.

The three date mistakes Taiwanese exporters make

  • Format: US convention is month/day/year; Taiwan writes year/month/day or day/month/year. “03/05/2027” reads as March 5 in the US — if you meant May 3, your shelf life just silently shrank two months. The safe move is an English month abbreviation (MAR 05 2027); nobody misreads it
  • Placement: the date must sit where it can be found and matched to its phrase — inkjet on a crimped seal that cannot be read is as good as absent
  • False conversion: copying the Taiwanese expiry date straight into BEST if Used By is the common shortcut — the two are defined differently. A quality date should come from your own shelf-life data; a straight copy can needlessly shorten your sellable window, or overpromise

Date marks are one cell of the panel — the allergen rules on the same face changed in 2023 too; see the nine major allergens.

How SKYCARGO takes it from there

SKYCARGO INC serves as an FDA U.S. Agent and can assist clients with USDA registrations and inquiries. The Importer of Record is normally you, as a non-resident importer; we help line up the paperwork, and entries are filed through our partner licensed customs broker. We act as Importer of Record for a client’s goods only under specific conditions; see Importer of Record duties explained. On date-label projects we do two things: check the label before shipping — wording against target states (California above all), formats that cannot be misread, thresholds your channel enforces; then plan the freight — how much shelf life the ocean leg consumes and whether air freight protects the receiving window. Label and logistics calculated together — so a legal label does not arrive on goods the channel refuses. Personal shopping shipments home belong with Shiptw consolidation.

Heading for US retail? Tell us the products, shelf life and target states and we will reply within one business day with a labeling-and-freight recommendation.

This article summarizes US date-labeling practice and California’s 2026 rules for reference only. Confirm specifics with current state publications and formal advice for individual cases.

Further reading

Kevin C Lin
Kevin C Lin

Founder, SKYCARGO INC · FDA U.S. Agent

Founded SKYCARGO INC in the United States in 2023, building on US–Taiwan consolidation work the group has run since 2014, and grew it from consolidation and FedEx contract-rate express into B2B import/export and food compliance. Through SKYCARGO, which serves as an FDA U.S. Agent and can assist clients with USDA registrations and inquiries, he helps Taiwanese exporters clear US customs as non-resident importers and line up a US FSVP agent, and works directly with FDA, USDA and CBP inspections.