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NewsProcess ControlRegulatorySupply ChainPackagingFoodservice/Retail

California Passes First-of-its-Kind Legislation Standardizing 'Best By' Dates on Food; Bans 'Sell By'

By Bailee Henderson
person reading label on jar of food in grocery store

Image credit: gpoinstudio via Freepik

October 7, 2024

Once again, California has passed legislation that sets first-of-its kind food safety regulations in the U.S. Signed into law by Governor Gavin Newsom, California Assembly Bill 660 (AB 660) standardizes the use of “Best If Used By” and “Use By” dates on food labels, and prohibits the use of “Sell By” dates, marking the country’s first mandatory food date labeling reforms.

Beginning July 1, 2026, companies selling food products in California must only use “Best If Used By” to indicate the date by which a product will reach its peak quality, and “Use By” to indicate the date by which a product’s safety can no longer be guaranteed. The use of consumer-facing “Sell By” dates will be prohibited to reduce the chances of consumers confusing “Sell By” dates with quality or safety dates.

The use of any other ambiguous and inconsistent phrases like “Expires On” and “Freshest By” will also be eliminated.

AB 660 authorizes grocers to display “Packed On” labels on prepared food items, but they must also display the mandatory “Use By” or “Best If Used By” dates described in the legislation.

Retained in the bill is the requirement limiting refrigerated shelf life to no more than 30 calendar days from packaging to consumption, except the time the product is maintained frozen, or the original safety date—whichever occurs first.

AB 660 was authored by Assemblymember Jacqui Irwin (D-42). The passage of her bill follows that of two other recent and unprecedented food safety acts in California, namely, the California Food Safety Act and the California School Food Safety Act, both authored by Assemblymember Jesse Gabriel (D-46), and both of which ban certain additives from foods under different circumstances.

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KEYWORDS: best-by date California labeling legislation shelf life

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Baileehendersonmay23

Bailee Henderson is the Director of Content Strategy for Food Safety Magazine. In the day-to-day, she covers industry-relevant current events, regulatory affairs, and scientific developments. She also produces the Food Safety Five Newsreel and edits the twice-weekly Food Safety Digest newsletter. Notably, Bailee's coverage for Food Safety Magazine has been featured in national televised news segments including CBS Sunday Morning and MSNBC's Rachel Maddow Show. She can be reached at hendersonb@bnpmedia.com.

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