Food Date Labeling
AB 660 (Irwin) requires food manufacturers to use uniform terminology when labeling products with "quality" or "safety" dates and bans the use of consumer-facing "sell-by" dates.
Quality Dates
or
"BEST if Used or Frozen by"
Safety Dates
or
"USE by or Freeze by"
Sell by Dates
Starting July 1, 2026, this bill prohibits the sale of any food item (except eggs and infant formula) for human consumption in California that is not labeled for quality using the terms "best if used by" or "best if frozen by" or labeled for food safety using the terms "use by" or "use or freeze by." Also starting July 1, 2026, this bill prohibits the use of consumer-facing "sell by" dates, alternatively allowing coded "sell by" dates that retain stock rotation information for retailers while eliminating the source of consumer confusion that results in the disposal of wholesome, nutritious food.
Why Is Food Date Labeling Important?
AB 660 co-sponsor Californians Against Waste reports that more than 50 differently phrased date labels have been used in the U.S., resulting in confusion and food waste. The California Department of Resources Recycling and Recovery (CalRecycle) reports that 2.5 billion meals worth of unspoiled food is thrown away each year, contributing to the organic waste that is 48% of what Californians send to landfills. As organic waste decomposes in landfills, it accounts for 41% of the state’s methane emissions, a greenhouse gas with 84 times the power to heat the climate as carbon dioxide. Wasted food also reduces what can be saved for food banks and impacts Californians’ wallets by throwing good food away too soon.
The California Department of Food and Agriculture (CDFA) in consultation with the California Department of Public Health (CDPH) acknowledges that bringing clarity to food date labels would greatly aid in curbing food waste that often is discarded prematurely. The U.S. Department of Agriculture (USDA) and U.S. Food and Drug Administration (FDA) are partners in this effort.
Legislative History
AB 954 (Chiu, Chapter 787, Statutes of 2017) required CDFA, in consultation with CDPH, on or before July 1, 2018, to publish information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use uniform terms on food product labels to communicate quality dates and safety dates and required the department to promote the consistent use of those terms. The bill required CDFA to encourage food distributors and retailers to develop alternatives to consumer-facing "sell by" dates. It also established the Consumer Education Account in the Department of Food and Agriculture Fund for the deposit of nonstate funds from public and private sources to educate consumers about the meaning of quality dates and safety dates.