California Bans Confusing Sell By Food Labels to Fight Waste

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California Implements New Food Labeling Law to Reduce Waste and Confusion

SAN FRANCISCO – In many households, the meaning behind food date labels can spark lively debates. Take the example of Kimberley Kausen’s family in Irvine, California: her daughter tosses milk once it’s past the “sell by” date, while her husband believes it remains good for several days afterward. As a chef and cooking instructor, Kausen relies on her senses-smell and touch-to determine if food is still safe to consume, especially with perishable items like meat and poultry.

This everyday uncertainty is common across California and the nation, where inconsistent food date labeling often confuses shoppers about whether food is unsafe or merely past its peak quality. To tackle this issue and curb food waste, California has introduced a new labeling law that took effect this Wednesday.

The law prohibits the use of “sell by” dates on food packaging-a term primarily meant for retailers to manage shelf displays rather than consumers to judge food safety. Instead, manufacturers selling food in California must now use standardized labels: “Best if Used By” to indicate peak quality and “Use By” to denote safety concerns. Companies may choose to display one or both labels on their products.

Democratic Assemblymember Jacqui Irwin, who authored the bill, noted that California is the first state in the U.S. to standardize food labeling in this way, aiming to reduce both food waste and the resulting environmental impact. New York recently passed a similar measure awaiting the governor’s approval, and other states such as Illinois, Maryland, Massachusetts, New Jersey, and South Carolina have proposed related legislation.

Nick Lapis, advocacy director at Californians Against Waste, a co-sponsor of the bill, highlighted that confusing date labels are a major driver of household food waste. He pointed out that food banks also face challenges as many donors discard perfectly good food simply because the “sell by” date has passed.

“There’s no need for costly infrastructure changes,” Lapis said. “We just need consistent language across brands.”

Currently, there are over 50 different types of date labels found on packaged foods, many of which are unregulated and unrelated to safety, according to a 2022 University of Maryland study. This variety often leads consumers to err on the side of caution by discarding food prematurely.

Kumar Chandran, policy director at ReFED, a nonprofit focused on food waste reduction, remarked that California and New York’s new laws have boosted momentum for a national standard. A bipartisan bill proposing uniform food labels is currently pending in Congress.

Notably, the U.S. Department of Agriculture recommended switching to “Best if Used By” labeling more than ten years ago.

At present, the only federally regulated food product with mandatory date labeling is infant formula.

The absence of federal guidelines has contributed to consumer confusion and nearly 20% of the nation’s food waste, according to the Food and Drug Administration. In California alone, about six million tons of unexpired food are discarded annually.

Nate Rose, spokesperson for the California Grocers Association, acknowledged that some grocers have had to update their labeling systems but overall support the change. He said the new labels will simplify purchasing decisions for consumers while helping reduce food waste.

While old labels will still appear on shelves for several months as stores sell through existing stock, the new standardized labels mark a significant step toward clearer communication and less waste across the food supply chain.


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