California Bans "Sell by" Labels: Insights on Food Labels

Dec 4, 2024 at 11:00 AM
Reaching on tiptoes in the grocery store to grab the milk on the highest shelf marked with the latest date seems like a common sight. We all want milk that will stay fresher longer, but often end up pouring the remainder down the drain the day after it's past the "Sell by" date. This "Sell by" label doesn't actually indicate when the milk will go bad; it's mainly to help grocers rotate stock. But now, with Assembly Bill 660, things are about to change.

Reducing Food Waste and Empowering Consumers

Background on Date Labels

Except for infant formula, date labels on packaged food are not federally regulated. An old state law suggested using dated labels to help consumers know when food has gone bad. Now, a new California law requires these labels to reduce food waste. The goal is to bring uniformity and common sense to dated food labels for consumers.

There are more than 50 different phrases in food packaging, making it hard for consumers to understand what each label means. Some labels are acronyms for longer phrases, like "PEB" for "Please enjoy by", which is a nonsensical phrase. Worse, these 50 phrases are not used consistently among manufacturers. An "Enjoy by" label might mean one thing on one product and something else on another.

The Impact of Assembly Bill 660

The new law bans "Sell by" labels and limits most labels to two options: a quality label, "Best if used by", and a safety label, "Use by". The "Best if used by" label specifies a date when the product might lose quality but is still safe to eat. For items like bottled water and canned goods, which can be safe for years if stored properly, this label is especially relevant.

California's new law is not as strict as some in other states. For example, Pennsylvania's milk labeling law requires the "Sell by" date to be no more than 17 days after pasteurization. But labels should still be considered when checking if groceries are still good.

Helping Nonprofits and Educating Consumers

The new law might also help nonprofits like food banks accept more nonperishables. Some food banks might throw out canned goods close to a labeled date without considering what that date actually means. Dates should be used as guidelines, and consumers should use their eyes and noses to check for odd coloration or odors before throwing out food.

Teresa Murray recommends the USDA-developed FoodKeeper app, which helps users understand food storage and avoid food waste. It's available online or as a mobile app on Android and Apple devices.

Allowing "Packed on" Labels

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.