Yes, food banks can distribute food past the dates printed on the package, and they do it routinely. With one exception, no federal law requires expiration dates on food at all, and the dates manufacturers stamp on products are quality estimates rather than safety deadlines.1USDA Food Safety and Inspection Service. Food Product Dating Federal law goes further than simply allowing past-date donation: it actively shields donors and food banks from liability when they give away food in good faith.
What the Dates on the Package Actually Mean
Most of the confusion comes from reading a date label as a safety cutoff. It usually isn’t. The USDA recognizes three common phrases, none of which signal that food has become unsafe:2USDA Food Safety and Inspection Service. Food Product Dating
- Best If Used By is the manufacturer’s estimate of when the product will taste best. It has nothing to do with safety.
- Sell By is an inventory tool for retailers, telling stores how long to keep an item on the shelf. Food is typically safe well past this date.
- Use By is the last date recommended for peak quality. Except on infant formula, it is not a safety cutoff either.
The USDA has said plainly that “except for infant formula, dates are not an indicator of the product’s safety and are not required by Federal law.”1USDA Food Safety and Inspection Service. Food Product Dating Low-acid canned goods like vegetables, beans, and soups can remain safe for years past the code date. Dry staples such as rice, pasta, and cereal keep well past their quality dates when the inner packaging is sealed. High-acid canned items like tomato sauces have a shorter quality window but are still commonly distributed a year or more past the printed date.
The One Exception: Infant Formula
Infant formula is the only product that must carry a federally required Use By date. Under FDA regulations, formula must contain a guaranteed minimum level of nutrients and remain physically usable through that date.3eCFR. 21 CFR 107.20 – Directions for Use Food banks will not distribute infant formula, or baby food, past that date. If you are cleaning out a pantry with a can of formula in the back, that item is the one thing you should not drop off.
Why It Is Legal: The Good Samaritan Act
The Bill Emerson Good Samaritan Food Donation Act is the federal statute that makes past-date donation workable. It provides civil and criminal liability protection to anyone who donates or distributes “apparently wholesome food” or “apparently fit grocery products” in good faith to a nonprofit for distribution to people in need.4Office of the Law Revision Counsel. 42 USC 1791 – Bill Emerson Good Samaritan Food Donation Act
The phrase “apparently fit grocery product” is written broadly on purpose. The statute defines it as a product that meets quality and labeling standards even though it “may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.” Age is right there in the text. Past-date food is exactly what the law contemplates.
Every state and the District of Columbia has its own food donation statute layered on top of this federal baseline. State laws can offer broader protections, but they cannot provide less protection than the federal Act does.4Office of the Law Revision Counsel. 42 USC 1791 – Bill Emerson Good Samaritan Food Donation Act A few states impose specific handling requirements for categories like prepared meals or fresh produce, and food banks generally track those through their state food bank associations.
Where the Protection Stops
Liability protection is not unlimited. It does not cover injuries caused by gross negligence or intentional misconduct.4Office of the Law Revision Counsel. 42 USC 1791 – Bill Emerson Good Samaritan Food Donation Act The statute defines gross negligence as “voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.” Handing over meat that had been sitting unrefrigerated for hours, or distributing canned goods known to be under recall, would cross that line. Donating a can of soup a year past its Best By date does not.
What Food Banks Will and Won’t Take
The legal protections are broad, but food banks still exercise judgment about what actually goes on the shelves.
Most shelf-stable products are accepted well past their printed dates when the packaging is intact and storage conditions were maintained. Refrigerated items like dairy, deli meat, and eggs can be accepted close to or slightly past their Sell By dates, but only when the cold chain was maintained, and food banks move them quickly.
Some items are rejected regardless of the date on the label:
- Infant formula and baby food past their printed expiration dates.
- Anything covered by an active recall.
- Cans that are bulging, deeply dented, rusted, or leaking.
- Boxes with torn inner bags, jars with broken seals, cracked glass, or any container showing signs of insect activity.
- Home-prepared food of any kind, including leftovers, home-baked goods, and home-canned preserves. Ingredients, allergens, and preparation conditions cannot be verified.
If you want to contribute, commercially packaged items are the safest bet.
How Food Banks Confirm Past-Date Food Is Still Safe
Legal protection is one piece. Operational discipline is the other.
Cold storage matters most for perishables. The FDA recommends refrigerators at or below 40°F and freezers at 0°F.5U.S. Food and Drug Administration. Consumer Updates – Are You Storing Food Safely Food banks operating under the FDA Food Code hold potentially hazardous items at 41°F. A break in the cold chain, even a few hours at room temperature, can render perishable donations unsafe regardless of what the label says.
Every donation is inspected before it goes on the distribution line. Staff pull anything with an off smell, visible mold, unusual discoloration, slimy texture, or compromised packaging. For canned goods, a split or bent seam, metal touching metal at a dent, or swelling that suggests gas buildup is treated as a possible botulism risk and discarded. When a recall hits, affected products are isolated and held until the food bank receives disposal or return instructions from the relevant state or federal agency.
The practical takeaway for a donor is straightforward. Sealed, undamaged pantry items a few months past their dates are almost always welcome. Set aside the infant formula and anything with damaged packaging, and your local food bank will put the rest to use.