California Bans ‘Sell By’ Dates: What You Need to Know About Food Labels

“Sell by” doesn’t indicate when your milk will go bad—it’s to help grocers rotate stock.
California Bans ‘Sell By’ Dates: What You Need to Know About Food Labels
California has become the first state to ban "Sell By' dates on packaged foods, as seen here on Oct. 2, 2024, in Alhambra, California. California Governor Gavin Newsom on September 30 signed the country's first mandatory food date labeling reform bill, Assembly Bill 660, which will standardize date labels and is due to go into effect on July 1, 2026. Frederic J. Brown/AFP/Getty Images/TNS
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By Sandra McDonald From Los Angeles Times

There you are, reaching on your tiptoes in the grocery store to grab the milk on the highest shelf marked with the latest date. It’s worth it, you think, to get milk that will stay fresher longer.

You don’t finish the milk by that date, of course, so you dutifully pour the remainder down the drain the day after.

But that “Sell by” label doesn’t indicate when your milk will go bad—it’s to help grocers rotate stock. Your milk was fine. Now you’re back in the store, paying for more.

With the exception of infant formula, date labels on packaged food are not federally regulated or required, leaving it up to manufacturers and the state to determine what labels are necessary. An old state law suggested putting dated labels on foods to help consumers know when their food has gone bad, instead of confusing, grocer-focused “Sell by” labels. A new California law requires them in an effort to reduce the food waste that Californians produce—6 million tons of it every year, according to the state Department of Food and Agriculture.

The goal of Assembly Bill 660, written by Assemblymember Jacqui Irwin (D-Thousand Oaks), is to bring uniformity and common sense to dated food labels for consumers. Doing so will require grocery retailers and manufacturers to make changes, said Daniel Conway, California Grocers Association vice president of government relations.

Between developing new inventory systems, retraining employees and even figuring out which labels need to be adjusted, it’s not a change that can happen overnight, Conway said. The law goes into effect on July 1, 2026, giving grocers about a year and a half.

“Having to wonder whether our food is still good is an issue that we all have struggled with. By strengthening labeling standards, and thus reducing food waste, AB 660 will keep money in the pockets of consumers while helping the environment and the planet,” Irwin said in a release after the bill was passed through committee.

There are more than 50 different phrases in food packaging, which makes it hard for consumers to tell exactly what each label means. That’s what the law hopes to remedy, according to Nina Sevilla, a sustainable food systems advocate at the Natural Resources Defense Council, one of the bill’s sponsors.

Some labels are acronyms for longer phrases, like “PEB” for “Please enjoy by”—a nonsensical phrase that Erica Parker, a policy associate at bill sponsor Californians Against Waste, said she saw on a pack of tortillas once.

Worse, those 50 phrases are not used consistently among manufacturers. An “Enjoy by” label might indicate the best date for quality on one product but could mean something else on a different product, Parker said.

“The end goal of AB 660 is to create consistency in date labeling practices, thereby reducing consumer confusion and consequently, food waste. It’s about creating a uniform system that allows consumers to make empowered, educated choices about the foods they purchase and consume,” Parker said in an email.

The new law bans food items from carrying “Sell by” labels, which can prompt people to throw out food that is still good. “Sell by” dates are typically used for grocers to ensure inventory is rotated properly, especially on dairy products, meats and other perishable items, and they don’t necessarily indicate when your food might be spoiled.

Instead, the law limits most labels to two options: a quality label, “Best if used by,” and a safety label, “Use by.”

The label “Best if used by” specifies a date when the product might lose quality, but doesn’t mean it isn’t safe to eat. This is especially true for items that do not deteriorate on store shelves, such as bottled water and canned goods, which can be safe to consume for years past their labels if unopened and stored properly, said Teresa Murray, the consumer watchdog director of the U.S. Public Interest Research Group. The organization works to identify and address issues of public interest in health, safety and well-being.

Murray said the new law would send California’s consumers in the right direction, adding that she hoped it would help educate consumers on what those labels actually mean. Anything that helps consumers stop throwing away edible food is a good thing, she said. Murray recommends the USDA-developed FoodKeeper app, which helps users understand food storage and get the best bang for their buck by avoiding food waste. It is available online or on Android and Apple devices as a mobile app.

It might also help nonprofits like food banks accept more nonperishables, Murray said—some food banks might throw out or not accept canned goods if they are close to a labeled date without considering what that date actually means.

Dates should be used as guidelines, Sevilla said. For most food products, she said, consumers should use their eyes and noses to check for odd coloration or odors before throwing them out.

AB 660 calls for “Use by” safety labels for products that might spoil quickly as an alternative to the quality-oriented “Best if used by” label. A product that could be unsafe to consume after the labeled date should be packaged with a “Use by” date.

California’s new law is not as harsh as some in other states, such as Pennsylvania’s milk labeling law, which requires the “Sell by” date to be no more than 17 days after the product is pasteurized. Food spoilage isn’t as simple as picking a day, Murray said, but labels should be considered when checking if your groceries are still good or need to be tossed.

The new law also allows grocery stores to use a “Packed on” label for prepared foods, as long as it also has a quality or safety label. The state law exempts some goods, such as infant formula, eggs, beer and wine, from requiring state labels.

Copyright 2024 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.
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