But It Still Smells OK

The other day I was shuffling through my spice box and noticed that many of my spices were out of date.  

Take for example my bottle of Smoked Paprika.  I love it and use it all the time - though, apparently not ALL the time as I still had some in the bottle 2 years after I bought it.  Thing is, I opened the bottle and it still smelled and tasted like Smoked Paprika. 

So, I got to thinking what other spices do I have that are "out of date?"   Turns out I had a number of items like my kosher salt and "fresh" ground pepper.  OK, it's not so freshly ground anymore but it still tastes like pepper, which is good enough for me and the people I cook for.

This all got me thinking about all of these out of date stamps found on food, these days.  If the products still taste/smell like what they're supposed to taste/smell like, then are the food companies wrong or what's the purpose of these dates, anyway.

For that matter, when did all these dates on food start?

Turns out, following concerns over foodborne illness in the 1930s, including cases linked to spoiled milk, reported mobsterAl Capone reportedly lobbied for expiration dates on dairy products.   

As people shifted from buying at local farms to supermarkets after World War 2, manufacturers added closed-coded dates for retailers to manage inventory rotation.  

Then in the 1970s widespread adoption of easy-to-read "sell-by" and "best-by" dates occurred, driven by consumers wanting to know when food was packaged.

These days, consumers can find the packaging of nearly every item labeled with dates.  One might say sell-by while another might say best-by or use-by.  Many consumers assume that all such dates are “expiration dates,” after which the food should be discarded. 

And that might be so if these expiration dates were actually regulated by the federal government.  The truth of the matter is that the Feds have nothing to do with any of these expiration dates. 

Well, let me qualify that.  Baby formula is the one major food product in the U.S. that must have a federally regulated expiration (“use by”) date. 

For most of the 20th century, infant formula was regulated only under general food law—the Federal Food, Drug, and Cosmetic Act.  That meant there were no formula-specific nutrient standards, no required testing for long-term nutrient stability, and no mandated “use by” dates tied to nutrition.  In other words, formula was treated basically like any other processed food.

Then in the 1970s, the turning point came about involving a product made by Syntex Corporation.  Their formula (marketed as “Neo-Mull-Soy”) had insufficient chloride.  Infants who relied on their formula developed metabolic alkalosis, growth problems, and had serious health complications

Why this was a big deal was because babies were using it as their sole nutrition source and the the harm developed over time—not immediately like food poisoning.  This exposed a regulatory gap:  Food law protected against contamination—but not against nutritional inadequacy over time.

Congressional response: Infant Formula Act of 1980

In 1980, Congress responded by passing legislation under the authority of the U.S. Food and Drug Administration in the way of the Infant Formula Act of 1980.  The issue wasn’t just what’s in the formula—it was how long it stays nutritionally valid because over time vitamins degrade, fats oxidize, and nutritional value can fall below safe thresholds.

So regulators required a scientifically supported “use by” date guaranteeing nutrition and safety up to that point.  This is why formula dates are fundamentally different from normal food labels as they are legally enforceable nutrient guarantees, not quality estimates 

Consequently, and currently, baby formula is regulated by the U.S. Food and Drug Administration under:

• 21 U.S.C. § 350a (Infant Formula Act authority)

• 21 C.F.R. § 107.20 (specific regulations)

So, why are baby formula (food) regulated and adult food not?  Well, infants are fully dependent (often 100% on formula)  and are highly vulnerable to deficiencies.  

By contrast, adults eat varied diets and can tolerate fluctuations in one food.

Maybe your asking yourself: OK, that's great but what about us Adults?  Aren't we allowed to be protected, too?  Well, if the federal government required all foods to:

• Maintain full nutrient accuracy through a specific date

• Back that with stability testing

it would probably result in massive compliance costs, shorter shelf lives of key food items, higher food prices, and increased food waste (well, more than we now have).  So, Congress chose a targeted regulation model instead and left we the adults on our own.

So, knowing that we're on our own and that these expiration dates are not regulated, what do these dates actually mean?

“Sell-By” Date: This date is a message from the manufacturer to the retailer, not to you the consumer. "Sell-by is a business-to-business date" designation to ensure that stores rotate stock by pulling older products and replacing them.  In general, sell-by dates build in a buffer of time—days, weeks, or months, depending on the type of food and the rate the manufacturer assumes the consumer will use it—for the food to make it home and be used.  Food at or near the sell-by date is still perfectly fine to eat.

“Best By” Date: Unlike sell-by dates, consider "best by" and "best if used by" dates the manufacturer speaking to you, the consumer, about quality.  This label refers to quality, not safety. The food may not taste as fresh after this date, but it’s still safe to eat. 

“Use-By” Date: This one sounds the most serious and in some cases deserves the most attention, but even use-by dates are not a safety cutoff for most foods.  This label is the last date recommended for the use of the product while at peak quality.  In most cases, a one-week grace period applies if stored properly.

Expiration Date: People often use the term "expiration date" as a catch-all that can apply to any of the above types of dates.  However, if the date passes during home storage, a product should still be safe and wholesome if handled properly until the time spoilage is evident. If a food has developed and odd odor, flavor, or texture due to naturally occurring spoilage bacteria, it should not be eaten.

 

So, knowing that most of these dates are merely suggestions, how can you know whether to toss or keep something in your refriderator or pantry?  Following is a practical guide assuming proper storage:

Dairy

• Milk: ~5–7 days after opening

  • Trust your nose—sour smell = done

• Yogurt: 1–3 weeks unopened; ~1 week opened

• Sour cream: ~1–2 weeks after opening

Dairy spoils visibly/smell-wise—pretty reliable.

Meat & Fish (high risk)

• Raw ground meat: 1–2 days

• Raw steaks/chicken: 3–5 days

• Fish: 1–2 days (very perishable)

• Cooked meat: 3–4 days

If it smells off, feels slimy, or you’re unsure—don’t risk it.

Shelf-stable foods

• Canned goods: 1–5+ years (if can isn’t bulging/rusted)

• Pasta (dry): 1–2 years+

• Cereal: 6–12 months (goes stale, not unsafe)

These rarely become dangerous—just lower quality.

Condiments

• Mustard, ketchup: ~6 months opened (longer in fridge)

• Olives (jarred): 1–2 weeks after opening

• Pickled items: months (acid preserves them)

Oils & fats

• Olive oil: ~6–12 months after opening

• Other oils: similar

They go rancid, not “rotten”—smell like crayons/paint = toss.

Medications & vitamins

• Prescription drugs: Dates matter more.

  • Often still effective after, but potency can drop

  • Some (like certain antibiotics, nitroglycerin) can degrade faster

• Vitamins: Lose potency over time, not dangerous

With meds, it’s safer to respect the date.

When food is actually unsafe

Watch for:

• Sour, rotten, or unusual smell

• Slimy texture (especially meat)

• Mold (exception: hard cheese—can cut around it)

• Bulging cans (possible Botulism risk—serious) 

I suspect the moral to all of this is to use your senses first and to know that when dealing with high rist foods (meat, fish, dairy), common sense in king.  

Some rules of thumb might be: if fish smells fishy, it is and should probably not be eaten. Sour cream can go sour, and if the steak you bought 2 days ago smells funky, don't eat it.

Essentially: when it doubt, throw it out.