Utah's date marking rules for ready-to-eat foods

If you run a food service operation in Utah, you already know that keeping food safe is about more than just cooking temperatures. One of the most common inspection violations involves date marking—specifically, the rules for ready-to-eat foods that must be refrigerated. Getting this wrong can lead to wasted food, failed inspections, and even foodborne illness. Here's what Utah's regulations require and how to put them into practice.

What Utah law says about date marking

Utah's food code, which is based on the FDA Food Code, requires that ready-to-eat (RTE) time/temperature control for safety (TCS) foods be clearly marked to indicate the date or day by which they must be consumed, sold, or discarded. This applies when the food is prepared and held at the required temperature (41°F or below) for more than 24 hours. The rule is spelled out in Utah Admin. Code R392-106-11, which states that RTE TCS food prepared and held at the proper temperature must be marked with the date of preparation, and that date also serves as the discard date.

For foods that are prepared and packaged by a food processing plant and then opened in your establishment, the rule is similar: you must mark the container at the time it's opened, counting the day of opening as day 1. The marked discard date cannot exceed the manufacturer's use-by date if one exists. This is a key detail that many operators miss.

The 7-day rule explained

The core of date marking is the 7-day rule. According to the FDA Food Code, which Utah has adopted, RTE TCS foods can be stored at 41°F or below for a maximum of seven days. Day 1 is the day the food was prepared or the package was opened. On day 8, the food must be discarded, regardless of how it looks or smells. This rule is designed to prevent the growth of pathogens like Listeria monocytogenes, which can multiply even at refrigeration temperatures. As SupplyClub explains, the 7-day rule applies to foods held for more than 24 hours, and for multi-ingredient dishes, you should use the earliest-prepared component to determine the preparation date.

What foods need date marking?

Not every food in your cooler needs a date label. The requirement applies to RTE TCS foods that are prepared on-site or opened from commercial packaging and held for more than 24 hours. Common examples include:

• Deli meats and lunchmeat
• Prepared salads (chicken, egg, tuna, macaroni)
• Cut produce, like sliced melons or leafy greens
• Cooked proteins, such as roasted chicken or beef
• House-made sauces, dressings, and salsas
• Opened dairy products, like milk, cream, and cheese

Unopened manufacturer packaging with its own date doesn't need additional labeling. But once you open that package, the clock starts, and you must apply your own date mark. This is a frequent point of confusion, so make sure your staff understands the difference.

How to mark containers correctly

There are two acceptable approaches: you can mark the date of preparation or the discard date. Many health departments accept either, but the best practice is to include both. For example, if you prepare a batch of ranch dressing on January 1st, you could label it "Prepared 1/1, Discard 1/7." This provides full clarity and helps prevent mistakes. As Raise The Grade notes, the label should include the common name of the food and the discard date, which cannot exceed 7 days from preparation.

For foods that are frequently rewrapped, such as lunchmeat or a roast, date marking can be impractical. In those cases, you may need to use a different system, like a color-coded day-of-the-week label or a log sheet. The key is to have a system that is clear and consistent, so any employee can look at a container and know exactly when it needs to be discarded.

Practical steps for compliance

To stay compliant with Utah's date marking rules, follow these steps:

1. Train your staff on which foods require date marking and how to count day 1.
2. Use clear labels that include the food name, preparation date, and discard date.
3. Check your inventory daily and discard any food that has reached day 7.
4. For multi-ingredient dishes, use the earliest-prepared component as the reference date.
5. When opening commercial products, mark the container immediately with the open date and the discard date (not exceeding the manufacturer's use-by date).
6. Keep a log if you use a system other than direct labeling, such as for rewrapped items.

By following these practices, you'll not only pass inspections but also reduce the risk of foodborne illness in your establishment. Date marking is a simple, effective tool that protects your customers and your business.

Quiz: Test your knowledge

Which of the following is true about Utah's date marking rules for ready-to-eat TCS foods?

• A. Foods held for more than 24 hours must be marked with a discard date that does not exceed 7 days from preparation or opening.
• B. Date marking is only required for foods prepared on-site, not for opened commercial products.
• C. The 7-day rule allows foods to be stored for up to 10 days if they look and smell fresh.

Correct answer: A. Utah law requires RTE TCS foods held for more than 24 hours to be marked with a discard date that does not exceed 7 days, counting the day of preparation or opening as day 1.

How the Featured Expert Can Help

Utah State Food Handlers offers live, in-person food safety certification classes across Utah, providing state-approved training that covers essential topics like date marking. Their hands-on instruction helps food service professionals obtain their permits quickly and understand practical food safety rules. Visit Utah State Food Handlers to find a class near you and get the training you need to stay compliant.