FDA Food Code Date Marking: The Seven-Day Rule and Local Requirements
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Quick answer: The FDA model generally covers refrigerated ready-to-eat TCS foods held longer than 24 hours: at most seven days at 41°F or below, with preparation or opening as day one. Confirm local adoption and applicable exceptions.
Establish the applicable rule
FDA has published the 2026 Food Code. It is a model offered for adoption by jurisdictions, rather than an automatic nationwide replacement for local restaurant requirements. Ask your regulatory authority which edition, amendments and approved procedures apply to your establishment. Record the answer in your operating policy, with the date checked and the contact or published reference.
The 2026 date-marking provision, section 3-501.17, generally covers refrigerated ready-to-eat time/temperature control for safety food held longer than 24 hours: a maximum seven days at 41°F or below, counting preparation or opening as day one. Exceptions and special processes require separate review.
Seven days is a ceiling under that framework, not a promise that every dish lasts a week. Foods held 24 hours or less are outside this particular date-marking trigger, but still require applicable identification, safe temperature control and other required records. An internal prep-time label can remain useful.
The absence of this particular date-marking requirement does not remove other holding limits.
Sort the menu before designing labels
Create a menu inventory with one row per prepared component. Use the exact kitchen name, rather than a broad heading such as “sauces.” A cooked cream sauce and an unopened shelf-stable condiment should not enter a labeling system merely because both sit on the sauce shelf.
| Inventory field | Manager records |
|---|---|
| Kitchen item | Name staff recognize |
| Preparation state | Prepared here, opened commercial package or untouched package |
| Storage route | Refrigerated, frozen or another reviewed process |
| Applicable category | Decision confirmed through food-safety policy |
| Label action | Date mark, other handling label or documented exception |
| Policy reference | Relevant local provision or approved procedure |
The model includes specific exceptions, including qualifying cultured dairy products and cheeses from inspected processing plants. Verify the exact category and conditions in section 3-501.17(G); a kitchen-made product does not automatically inherit a commercial-product exception. Do not let “exempt” become a general instruction to stop identifying food.
An item outside a specific date-marking provision may still need identification, storage controls, stock rotation and ingredient information. Have the manager document why an exception applies to the particular product. Do not extend an exception from one cheese, sausage or dressing to every product with a similar name.
How to review a new Food Code edition
FDA issued its 2026 Food Code on September 17, 2026. Publication does not automatically change your jurisdiction’s adopted requirements or authorize new dates on food already in storage. Read the full applicable provision and confirm local adoption before revising the kitchen procedure.
The 2026 summary includes changes involving commercially packaged dehydrated food and employee illness policy documentation. Assign the relevant reviews to receiving, kitchen management and the food-safety lead. Keep the menu classification and exception records current; label purchasing is only one part of that work.
Prove that the system works on the shelf
Select three real containers during a quiet period. Ask one employee to explain the label and another to identify the required action. If they disagree about whether the date means preparation or discard, revise the field name. If the rule is understood but handwriting is unreadable, revise the format or writing method. Keep a brief decision record for unusual foods.
Include the product, supporting specification, person who reviewed it and review date. This turns the next supplier change or inspection question into a traceable review instead of a debate at the refrigerator door. Compare label formats only after this classification work shows how much information staff must read.