Confusing date labels on food packaging have long contributed to significant household waste across the United States, leaving consumers unsure whether products are past their peak quality or unsafe to eat. Now, California is taking a decisive step to clarify this ambiguity with a new food labeling law set to take effect this Wednesday.
The legislation bans the use of “sell by” labels, which experts say primarily serve as a guide for retailers on shelf display rather than an indicator of food safety. Under the new mandate, manufacturers selling food in California must adopt one or both of two standardized labels: “Best if Used By” to denote peak quality, or “Use By” to indicate product safety.
Democratic Assemblymember Jacqui Irwin, the bill’s author, confirmed that food manufacturers retain the choice to use either or both labels. This move aims to reduce the substantial food waste generated when consumers prematurely discard items after misinterpreting date stamps, a common scenario in kitchens like that of Kimberley Kausen, a chef and cooking teacher in Irvine, California, who relies on her senses to determine whether milk is still good.
California’s 2024 law marks it as the first state in the U.S. to standardize food labels, a measure designed to curb food waste and the state’s climate-warming emissions. Following suit, New York state lawmakers recently approved similar legislation, which now awaits Governor Kathy Hochul’s signature. While proposals addressing food labeling have also emerged in Illinois, Maryland, Massachusetts, New Jersey, and South Carolina, none have passed in those states.
Nick Lapis, director of advocacy at Californians Against Waste, a co-sponsor of the bill, highlighted that ambiguous food labels are a leading cause of household food waste. He noted that “sell by” dates have particularly challenged food banks in California, as people often mistakenly believe these dates signify expiration. “We don’t need to build some kind of huge infrastructure and invest tons of money to solve this. We just need companies to use the same words across brands,” Lapis stated.
A 2022 report from the University of Maryland revealed that over 50 different date labels exist on packaged food, with information largely unregulated and often unrelated to food safety.
Kumar Chandran, policy director at ReFED, a nonprofit dedicated to reducing food waste, explained, “Consumers get confused and they just default to assuming that whatever date is on the package means ‘don’t eat it and throw it away’.” Chandran believes California and New York’s actions are building momentum for a national standard, with a bipartisan bill currently pending in Congress.
The U.S. Department of Agriculture had, in fact, recommended switching to “Best if Used By” labeling a decade ago, yet infant formula remains the only federally regulated product with date labels.
Without federal regulations dictating label information, these stamps contribute to nearly 20% of the nation’s food waste, according to the Food and Drug Administration. In California alone, this translates to approximately 6 million tons of unexpired food discarded annually.
Nate Rose, a spokesperson for the California Grocers Association, confirmed their support for the change, despite some grocers needing to overhaul their labeling systems. He anticipates the new labels will create “a win-win where we can reduce food waste and consumers will find these decisions a little bit simpler,” though shoppers should expect to see old labels in stores for several months as existing stock is sold.
