From previous link -
USDA
USDA estimates that 30 percent of the food supply is lost or wasted at the retail and consumer levels3. One source of food waste arises from consumers or retailers throwing away wholesome food because of confusion about the meaning of dates displayed on the label. To reduce consumer confusion and wasted food, FSIS recommends that food manufacturers and retailers that apply product dating use a “Best if Used By” date. Research shows that this phrase conveys to consumers that the product will be of best quality if used by the calendar date shown. Foods not exhibiting signs of spoilage should be wholesome and may be sold, purchased, donated and consumed beyond the labeled "Best if Used By" date.
and
FDA
The FDA in the United States notes that "[a] principle of U.S. food law is that foods in U.S. commerce must be wholesome and fit for consumption". However, the agency also states:
<<< With the exception of infant formula, the laws that the Food and Drug Administration (FDA) administers do not preclude the sale of food that is past the expiration date indicated on the label. FDA does not require food firms to place "expired by", "use by" or "best before" dates on food products. This information is entirely at the discretion of the manufacturer.>>>
https://en.wikipedia...Expiration_date
^^^(red) - License(s) to ??
Just out of curiosity - Would anyone (knowingly) buy such items at the same price as "compliant" merchandise ?
PS - Note that (according to Wikipedia) "Sell by Date" labelling may have more consequences if out-of-date items are being sold.