Confusing Food Date Labels Are (Almost) a Thing of the Past

Confusing Food Date Labels Are (Almost) a Thing of the Past

New bill standardizing food date labeling, reducing consumer confusion and the environmental and socio-economic impacts of food waste awaits Governor Newsom’s signature.

SACRAMENTO – In a major victory for consumers and the environment, the California State Legislature passed the nation’s first mandatory food date labeling reform bill. Assembly Bill 660, which standardizes confusing date labels that result in unnecessary food waste, is now on Governor Newsom’s desk. Authored by Assemblymember Jacqui Irwin, AB 660 received bipartisan support, marking a pivotal step toward a more sustainable future for California.

On grocery store shelves today, there are more than 50 differently phrased date labels on packaged food. Some phrases are used to communicate peak freshness of a product or when a product is no longer safe to eat. Others, like “sell by,” are used only to inform stock rotation in stores but mislead some consumers into thinking the product is no longer safe to eat.

AB 660 will close this gap by requiring manufacturers to use the same phrase for date labels across their products. Starting July 1, 2026, “BEST if Used By” will be used to communicate peak quality, and “Use By” will be used to communicate product safety. To further reduce confusion on food date labeling, AB 660 prohibits the use of consumer facing “sell by” dates, reducing the likelihood of confusing “sell by” dates with quality and/or safety dates. This small change will accelerate California’s progress towards achieving a more efficient and secure food system.

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

“The inconsistent use of phrases like “Sell By,” “Expires On,” “Freshest Before,” and others makes for an impossible-to-navigate system for consumers who don’t want to throw away food or make their families sick,” said Erica Parker, a Policy Associate with Californians Against Waste, a co-sponsor of AB 660.

“The result is a staggering amount of food waste – Californians throw away six million tons of food waste each year – and confusion over date labels is a leading cause.”

“Right now, we have an opportunity to address one of the leading drivers of food waste – confusion around food date labels,” said Victoria Rome, director of California government affairs at NRDC (Natural Resources Defense Council), the other co-sponsor of the bill. “Standardizing food date labels is a commonsense solution that will keep more money in people’s pockets and food on families’ plates, while reducing climate warming emissions.”

The widespread confusion over date labels exacerbates California’s food waste crisis – an issue that contributes to climate change and squanders natural resources. Decomposing food and other organic waste in landfills accounts for 41 percent of the state’s point-source methane emissions. For context, methane is 84 times more powerful than carbon dioxide as a driver of global warming. Therefore, minimizing food waste is integral to the success of meeting California’s existing greenhouse gas reduction goals.

Reducing confusion of food date labels is especially critical considering the cost to households – the average American spends $1,300 on food that is never eaten. Tossing food prematurely because of misleading date labels costs Californians billions each year. In a time of rising grocery bills and food insecurity, every bit of savings helps. For years, Californians have grappled with the uncertainty of food date labels. AB 660 will empower Californians to make informed decisions about their food, which will reduce unnecessary waste of edible, nutritious food, with the added benefit of keeping money in their pockets.

Despite the severity of consumer confusion today, recent years have seen an increase in stakeholder and community momentum surrounding date label standardization. Following the failure of AB 2725 (Chiu) in 2016, Gov. Jerry Brown signed AB 954 (Chiu, 2017), which directed the state to promote the voluntary adoption of the FDA-supported phrases “Best if Used By” and “Use By.” In the years following AB 954, adoption of these standards has been supported by producers and proven commercially viable for brands to undertake, but comprehensive implementation of these standards has fallen short. AB 660 simply mandates the use of these standards across all products in California.

AB 660 is supported by a diverse coalition of food banks, local governments, food recovery organizations, and environmental groups— demonstrating the broad support for this change. Amendments taken since AB 660’s introduction in 2023 have removed the opposition from a number of industry stakeholders, including the California Grocers Association and the Dairy Institute of California. The legislation overcame a significant hurdle earlier this year, passing the Senate Committee on Agriculture where it had stalled in 2023. In the last days of the 2024 legislative session, AB 660 received widespread support on the Senate Floor, and it now awaits the Governor’s signature. Governor Newsom has until the end of September to sign the bill.