California Law Changes “Sell-By” Guidelines

California is making significant strides in addressing the issue of food waste with its new food labeling laws. Signed by Governor Gavin Newsom on September 28th, 2024, Assembly Bill 660 aims to reduce unnecessary food waste by both consumers and grocery stores.

This new law takes effect on July 1st, 2026, applies to all manufacturers, processors, and retailers of food for human consumption. There are a few exceptions to this law, including eggs, infant formula, beer, and malt beverages, where the current date labeling system will remain in place due to safety concerns and regulatory requirements.

The term “sell by” will be banned on food products in favor of clearer less ambiguous labels such as “best if used by” and “use by.” These changes are designed to help clarify the meaning of date labels. Currently, many consumers mistakenly interpret “sell by” dates as an expiration date, leading them to discard perfectly safe food. The law recognizes that these dates were originally meant for stock rotation in stores, not as a guide for consumers to judge whether food is safe to consume.

The new label language has two key distinctions:

  • “Best if used by” will indicate when food is at its peak freshness and flavor, not when it becomes unsafe to eat.
  • “Use by” will be reserved for food products that have safety concerns after a specific date, such as perishables like dairy or meats.

Food waste is a massive problem in the U.S. Over 78 million tons of food are thrown away every year, amounting to roughly 33% of all food produced. A large portion of this waste is caused by both retailers and consumers discarding food past its “best buy” date, even though much of this food is still safe to consume. This unnecessary waste not only contributes to economic loss but also worsens environmental problems. When food decomposes in landfills, it produces methane, a potent greenhouse gas that contributes to climate change.

By revising the way food is labeled California hopes to reduce food waste, save consumers money, and lower the environmental impact associated with food disposal. Other states may follow California’s lead as concerns about food waste and its environmental impact continue to grow.