Is it legal to sell expired food in the United States?

Question

Is it legal for grocery stores to sell expired food in the United States?

Answer 1

The rules are apparently set state by state.

In Georgia, it is illegal to sell these items past their printed expiration dates:

• Milk
• Refrigerated Milk Products
• Eggs
• Infant Formula
• Fresh shellfish (such as oysters, clams, and mussels)
• Any "potentially hazardous" foods that must be kept refrigerated

(Source: Georgia Department of Agriculture.)

Texas points out that sell-by dates are a Federal requirement for infant formula, to ensure nutrition matches labels:

The expiration dates on packaged dry foods are voluntarily provided by the manufacturers. [And are not legally meaningful if the food is not otherwise unwholesome.] The only exemption would be infant formula. Dating of infant formula is a federal regulation. Source: Texas Department of Health and Human Services

Presumably at least some other states have similar laws: Florida: milk and baby formula ; Michigan: milk and perishable foods (though I tried to verify this myself in the state law code and was unable to.)

Answer 2

The website for Cleveland Clinic presents some useful information:

You’ll see dates on many perishable foods such as meat, poultry, eggs and dairy products. But you might be surprised to learn that they aren’t usually about food safety.

According to the USDA’s Food Safety and Inspection Service, manufacturers put “best by” or “best if used by” dates on their products to let retail stores and consumers know how long their products are expected to maintain their best taste and texture.

These dates aren’t required by federal law (though some states require them) and don’t necessarily indicate a product’s safety (with the exception of baby formula). In fact, perishable products are usually safe to consume beyond their “best by” date if they’ve been handled and stored properly.

I think an aspect of this information is that "some states require them." This would suggest that if you need specific answers to legality, the desired state should be provided in your question.

Other information on the web site covers individual food types and best practices, not legal considerations.