Best-before date on a food supplement
The Annex X format of Regulation 1169/2011 — when month and year are enough, and when the date replaces the lot number

A food supplement in tablet, capsule or powder form is normally labelled with a date of minimum durability, not a ‘use by’ date. Its format depends on the declared durability (Annex X, point 1(c) of Regulation (EU) No 1169/2011). For a product that keeps for more than 3 and up to 18 months, the month and year preceded by ‘Best before end …’ are sufficient. For a product that keeps for more than 18 months, the year alone is sufficient. That minimum format has two consequences that are easy to miss. A date without the day does not replace the lot number, because Article 5 of Directive 2011/91/EU requires at least the uncoded day and month for that. The date also sets the period during which declared amounts of vitamins and minerals must stay within tolerances. In Poland, Article 52 of the Act on Food and Nutrition Safety allows food to be marketed only up to that date.

1. Date of minimum durability or ‘use by’ date

Article 9(1)(f) of Regulation 1169/2011 (FIC) requires one of two dates on every prepacked food. The date of minimum durability is the date until which the food retains its specific properties when properly stored (Art. 2(2)(r)). It is a quality date. The ‘use by’ date replaces it only for foods which, from a microbiological point of view, are highly perishable and therefore likely after a short period to constitute an immediate danger to human health (Art. 24(1)). After the ‘use by’ date a food is deemed unsafe under Article 14(2) to (5) of Regulation 178/2002. No such presumption applies after a date of minimum durability.

In its 2020 guidance (EFSA Journal 2020;18(12):6306), EFSA’s BIOHAZ Panel reduced the choice to one question: does the risk to health increase over time? It does when pathogens may survive in or reach the product and the product supports their growth. The guidance covers foods stored at controlled, lower-than-ambient temperatures, but its logic explains market practice. Dry supplement forms (tablets, capsules, powders) have very low water activity and as a rule do not support pathogen growth, so a date of minimum durability is appropriate. The operator always decides the type of date and the length of shelf life within its HACCP system. There is no list of ‘supplements with a use-by date’. Liquid or chilled forms, including some preparations with live bacterial cultures, and products after reconstitution need the closest analysis.

Annex X, point 1(d) lists the foods exempt from a date of minimum durability: unpeeled fresh fruit and vegetables, wines, beverages with 10% or more alcohol by volume, bakers’ wares normally consumed within 24 hours, vinegar, cooking salt, solid sugar, confectionery consisting almost solely of flavoured or coloured sugars, and chewing gums. Food supplements are not on the list. Vitamin gummies are not ‘almost solely sugars’, because their characterising feature is nutrients or other substances (Art. 2(a) of Directive 2002/46/EC).

2. Which date format is enough: three durability thresholds

Annex X, point 1(c) provides that the date consists of the day, the month and possibly the year, in that order and in uncoded form. It then allows shorter forms depending on how long the product keeps. You may always give more than the minimum. A shorter form may not go below the threshold.

A typical solid supplement declares 24–36 months. Legally, the year alone is enough. In practice producers give month and year, because a year alone gives consumers and distributors little information at 24 months, and both forms comply with Annex X. The English and Polish language versions tie the thresholds to ‘not more than’ and ‘more than’. The German version uses ‘weniger als drei Monate’ (less than three months) for the first threshold. The difference matters only for a product that keeps for exactly three months, and such supplements are practically non-existent.

3. Wording and notation: what abbreviations cannot replace

• The words before the date are mandatory. Annex X, point 1(a) requires ‘Best before …’ when the date includes the day and ‘Best before end …’ in other cases. ‘Best before 03.2028’ without ‘end’ does not follow the Annex.
• No ‘EXP’, ‘Expiry date’ or bare ‘BBE’. The Annex provides no abbreviations and no pharmaceutical terminology. Mandatory information must be in a language easily understood by consumers in the Member State where the food is marketed (Art. 15 FIC), so in Poland the Polish wording ‘Najlepiej spożyć przed końcem …’ is needed. Other language versions may appear alongside.
• Uncoded form and order. The order is day, month, year. ‘2028-03’ or a Julian code (e.g. ‘28090’) is not a date within the meaning of Annex X. It can serve as a lot code, but then a date must appear as well.
• A reference instead of the date. Point 1(b) allows a reference to where the date is given: ‘Best before end: see base’. The reference must point to a place where the date is actually visible and legible.

4. Date and lot number: when the date replaces the ‘L’ mark

Directive 2011/91/EU requires a lot indication on every food (Art. 2(1)). The lot is determined by the producer, manufacturer, packager or first seller established in the EU (Art. 3), and the indication is preceded by the letter ‘L’ unless it is clearly distinguishable from other indications. Article 5 exempts the food from a separate lot indication only when the label bears a date of minimum durability or ‘use by’ date consisting of at least the uncoded day and month, in that order.

For supplements the conclusion is simple. A date such as ‘Best before end: 03.2028’ never replaces the lot number, because it has no day. A full date ‘31.03.2028’ formally meets Article 5. It only works as an identifier if all packs with that date come from a batch produced under practically the same conditions (Art. 1(2)). If two batches are made on the same day, recalling one will cover both. For supplements, where recalls usually concern a specific raw-material batch, a separate lot number is the safer choice.

5. Placement, legibility, small packs and online sales

• Legibility. The date is mandatory information, so Article 13(1)–(3) applies: a conspicuous place, indelible where appropriate, and an x-height of at least 1.2 mm (0.9 mm where the largest surface is below 80 cm²). A laser print on the base of a jar must meet the same requirement as the label.
• Field of vision. Article 13(5) requires the same field of vision only for the name, net quantity and alcoholic strength. The date may be on the base or side, but a reference under point 1(b) must lead to it.
• Very small packs. Where the largest surface is below 10 cm², Article 16(2) limits mandatory particulars on the pack to the name, allergens, net quantity and date. The date therefore stays on a sachet or blister strip that reaches the consumer as the prepacked unit.
• Distance selling. Article 14(1)(a) exempts online shops from giving the date before purchase, because it depends on the individual item. Point (b) requires it at delivery. A shop shipping products with short remaining shelf life does not breach food information law, but in Poland Article 52 of the Act applies (section 8).

6. Storage conditions and period after opening

Annex X, point 1(b) provides that, if need be, the date is followed by a description of the storage conditions which must be observed for the product to keep for the specified period. Article 25(1) requires special storage conditions to be indicated, and Article 25(2), where appropriate, storage conditions and/or a time limit for consumption after opening. For a supplement, the declared durability is therefore tied to the conditions of the stability study. If the study was run at up to 25 °C in a sealed pack with a desiccant, the label should reflect that, e.g. ‘Store at room temperature in a dry place, keep tightly closed’. A powder that absorbs moisture after opening or a liquid with vitamin C are typical cases where a period after opening is worth stating.

A separate, supplement-specific requirement is the statement that the product should be stored out of the reach of young children (Art. 6(3)(e) of Directive 2002/46/EC). It does not replace the storage conditions under Article 25 FIC, nor do they replace it.

7. Date and declared composition: tolerances apply until the last day

The Commission tolerances guidance of December 2012 (section 2.2) states that the measured value should be within the tolerances around the declared value during the entire shelf life. For food supplements, the tolerances, which already include measurement uncertainty, are −20% to +50% for vitamins and −20% to +45% for minerals (Table 2). The upper end is limited by a legal maximum amount where one exists (section 2.1). Declared values must be average values based on the manufacturer’s analysis (Art. 9(1) of Directive 2002/46/EC) and should not be set at either extreme of the tolerance range (section 2.3 of the guidance).

In practice, the best-before date is also a statement that vitamins will not fall below 80% of the label value before that day. Shelf life comes from a stability study, not from the market habit of ‘36 months’. If the least stable component degrades faster, the date must be shortened or the recipe changed. The guidance itself refers to particularly high degradation rates of some nutrients in certain matrices (section 2.4(e)) and to vitamin C in liquids, for which it accepts a higher upper tolerance. The same mechanism applies to claims. ‘Source of vitamin’ requires at least 15% of the reference value per daily portion. If the claim rests on a value close to that threshold, it must also be met at the end of shelf life. Tolerances in detail: tolerances for vitamins and minerals in food supplements; the 15% threshold: the ‘source of vitamin’ claim.

8. After the date: marketing, donation and extending the date

• Marketing in Poland. Article 52 of the Act on Food and Nutrition Safety provides that foods labelled with a date of minimum durability or ‘use by’ date may be marketed up to that date. A shop, wholesaler or platform in Poland should therefore not offer a supplement after the date, even though FIC treats it as a quality date rather than a safety date.
• Donation. Commission Regulation (EU) 2021/382 added Chapter Va to Annex II of Regulation 852/2004. It allows redistribution for food donation of food with a date of minimum durability up to and after that date. The condition is a check that the food is not injurious to health and is fit for human consumption, taking into account the remaining shelf life, packaging integrity, storage and transport conditions and organoleptic condition. Food with a ‘use by’ date may be redistributed only before that date.
• Extending the date. The operator under whose name the food is marketed, or the importer, is responsible for the information (Art. 8(1)–(2) FIC). A distributor may not modify information if that would mislead the consumer (Art. 8(4)). Polish law treats as adulterated a food for which, among other things, the date of minimum durability was stated untruthfully (Art. 3(3) point 45(d) of the Act). A new, longer date is possible only as a decision of the responsible operator, based on stability data for that lot. A seller’s sticker over the old date is not such a decision.

9. What the rules do not decide

• There is no EU method or mandatory duration for supplement stability studies. The operator sets shelf life within HACCP (Art. 5 of Reg. 852/2004), and the authority assesses its justification.
• There is no binding list of supplement forms that need a ‘use by’ date. EFSA’s 2020 guidance offers a decision tree, but it addresses foods stored at controlled, lower temperatures.
• The tolerances guidance has no formal legal status. In a dispute, binding interpretation of the law lies with the Court of Justice of the EU.
• Article 52 of the Polish Act does not refer expressly to Chapter Va of Regulation 852/2004. An operator donating supplements after the date should document the Chapter Va check.
• Annex X sets no minimum remaining shelf life at sale or delivery. That is a matter for commercial contracts, not food information law.

10. Checklist: best-before date on a food supplement

1. Type of date: confirm in HACCP that the product does not support pathogen growth; then a date of minimum durability, otherwise ‘use by …’ with storage conditions.
2. Shelf life: set it from a stability study of the least stable component, under the storage conditions you will state on the label.
3. Format: match the minimum date content to the Annex X, point 1(c) threshold (3 and 18 months); a full date is always allowed.
4. Wording: ‘Best before …’ with a day, ‘Best before end …’ without one; no ‘EXP’ or ‘Expiry date’.
5. Notation: uncoded, day–month–year order; a reference (‘see base’) only to a place where the date is legible.
6. Lot number: with a date that has no day, always a separate lot indication (Art. 5 Dir. 2011/91/EU); a full date replaces the lot only if it truly identifies it.
7. Composition over time: check that vitamins and minerals stay within the −20% tolerance until the last day, and that claims (e.g. 15% NRV) are met until the end of shelf life.
8. Marketing after the date: withdraw from sale in Poland no later than the date (Art. 52 of the Act); donation after the date only with a documented Chapter Va check under Reg. 852/2004.

Frequently asked questions

Can a food supplement show only the year in its best-before date?

Yes, if it keeps for more than 18 months. Annex X, point 1(c) of Regulation 1169/2011 then treats the year as sufficient, preceded by ‘Best before end …’. Such a date requires a separate lot number.

Can the best-before date replace the lot number on a supplement?

Only if it includes at least the uncoded day and month (Art. 5 of Directive 2011/91/EU). A month-and-year date does not replace the lot number.

Can a supplement label say ‘EXP’ instead of ‘Best before’?

Not as the only indication. Annex X requires ‘Best before …’ or ‘Best before end …’ in a language the consumer understands (Art. 15 FIC), which in Poland means Polish. Abbreviations may at most appear alongside.

Can a food supplement be sold after its best-before date in Poland?

No. Article 52 of the Act on Food and Nutrition Safety allows foods labelled with a date of minimum durability to be marketed only up to that date. Chapter Va of Annex II to Regulation 852/2004 does allow donation of food after that date following a fitness check.

Must vitamin content match the label until the best-before date?

Yes. According to the 2012 Commission guidance, the measured value should be within tolerances during the entire shelf life. For vitamins and minerals in supplements, the lower tolerance is −20%.

Glossary

Date of minimum durability

The date until which the food retains its specific properties when properly stored (Art. 2(2)(r) FIC). Indicated as ‘Best before …’ or ‘Best before end …’.

‘Use by’ date

The date for microbiologically highly perishable food (Art. 24(1) FIC). After it, the food is deemed unsafe.

Lot

A batch of sales units of a food produced, manufactured or packaged under practically the same conditions (Art. 1(2) of Directive 2011/91/EU).

Uncoded form

A date readable without a key, in day–month–year order (Annex X, point 1(c) FIC).

Conclusion

A typical solid food supplement carries a date of minimum durability. Its minimum format depends on durability: day and month up to 3 months, month and year for more than 3 and up to 18 months, the year alone beyond 18 months. Without a day, the date must be preceded by ‘Best before end …’ and does not replace the lot number. Shelf life comes from a stability study, because vitamins and minerals must stay within the −20% tolerance and claims must hold until the last day. In Poland, marketing ends at the date (Art. 52 of the Act on Food and Nutrition Safety). After the date, only donation under Chapter Va of Annex II to Regulation 852/2004 remains possible.

Primary sources

1. Regulation (EU) No 1169/2011 (FIC): Art. 2(2)(r), Arts 8, 9(1)(f)–(g), 13, 14, 15, 16(2), 24, 25; Annex X; consolidated text 02011R1169-20250401.
2. Directive 2011/91/EU on indications or marks identifying the lot to which a foodstuff belongs: Arts 1–5.
3. Directive 2002/46/EC on food supplements: Arts 2, 6(3), 8, 9; consolidated text 02002L0046-20251126.
4. Regulation (EC) No 178/2002: Art. 14 (food safety requirements).
5. Commission Regulation (EU) 2021/382 of 3 March 2021 amending the Annexes to Reg. 852/2004 (Chapter Va ‘Redistribution of food’).
6. European Commission, Guidance document … with regard to the setting of tolerances for nutrient values declared on a label, December 2012: sections 2.1–2.4, Table 2.
7. EFSA Panel on Biological Hazards (BIOHAZ), Guidance on date marking and related food information: part 1 (date marking), EFSA Journal 2020;18(12):6306.
8. Polish Act of 25 August 2006 on Food and Nutrition Safety, consolidated text Journal of Laws 2023 item 1448, as amended: Art. 3(3) points 7, 45, 47; Art. 52.