California bans sell by dates on food packages to reduce food waste

October 28, 2024

4 minutes, 41 seconds read

California bans sell by dates on food packages to reduce food waste

Many retailers and consumers rely on best “sell by” and “use by” dates on food that indicate the date by which a product’s quality peaks. So, it may come as a surprise to learn that few of these dates are an indicator of food safety – and that these misleading food labels are actually a significant cause of food waste. 

With the exception of infant formula, food date labels are not required by federal law. The U.S. Department of Agriculture (USDA) explains that these labels are simply meant to help retailers and consumers determine when food is at its peak quality. Once this food has passed peak quality, it can still be eaten raw or cooked to extend its useful life. If no sign of spoilage is evident – such as an “off” odor, flavor, or texture – then the food may still be safe to eat.

Of the billions of pounds of food sent to the garbage bin each year, some of this waste could be avoided through better understanding of food shelf life. At least, that’s the reasoning behind California’s new food date labeling law. 

AB660: California’s food date law 

Today, there are more than 50 different phrases that food manufacturers, processors, and retailers apply to food to describe its shelf life, according to the National Resources Defense Council (NRDC). California’s Assembly Bill 660, signed into law by Gov. Newsom in September 2024, aims to help consumers better understand food shelf life by limiting labels to two categories. 

This new law requires manufacturers to use consistent phrasing for date labels across their food products. Acceptable label options are:

  • “Best if used by” can be used to indicate when food is expected to reach peak quality.
  • “Use By” can be used to indicate food safety on products, such as milk, in-shell eggs, beer and other malt beverages, and infant formula. 

The law further prohibits the labeling of food with the phrase “sell by.” This change is meant to eliminate the misconception that a “sell by” date indicates either quality or safety. 

Food manufacturers, processors, and retailers responsible for labeling food have until July 1, 2026, to comply with these changes. 

How standardized food labels can reduce food waste

“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 good food or make their families sick,” commented Erica Parker, a Policy Associate with Californians Against Waste, a co-sponsor of AB 660, in a news release on the new law. 

Consumers seem to agree, as a survey led by researchers at the Johns Hopkins Center for a Livable Future (CLF) found that 84% of Americans have discarded food near the package date “at least occasionally,” and 37% “always” or “usually” discard food near the package date. More than half of survey respondents reported that they believed date labeling is federally regulated, or were unsure of the rules around labeling. 

This uncertainty adds up. As Parker points out, “Californians throw away six million tons of food waste each year – and confusion over date labels is a leading cause.” The USDA adds that, nationally, confusion around date labeling terms on food contributes to approximately 20% of food waste in homes across the country. The third of food Americans throw out every year is equivalent to throwing out $161 billion. 

With federal efforts (including SB 1484 and HRB 3159) to create national standardization around food date labeling currently stalled, many advocates for simpler labeling hope that requirements in the large California market will encourage voluntary label standardization nationwide. Food waste reduction advocates are further hoping that more informed consumers will be better equipped to reduce the staggering amounts of food that are wasted each year. 

Better information is key to reducing food waste

Better information around food’s life cycle can be a powerful game changer for consumers, retailers, and food producers of all types. The elimination of misleading food labels is an important first step. The next step to reducing food waste is to gather reliable data on the types of products most frequently thrown away. With this data in hand, food producers and consumers can make adjustments to their purchasing and menu options to reduce the likelihood of waste in the first place. 

Many toolkits are available to help organizations audit their food waste and gain a stronger understanding of their waste patterns. However, some organizations are adopting technology solutions that simplify food waste tracking while minimizing their environmental impact. 

Food waste digesters from Power Knot provide a data-rich and environmentally friendly alternative to sending food waste to the landfill. This sealed equipment can be installed directly in commercial food preparation areas. Waste can be added at any time. Natural microorganisms break down the waste in an oxygen-rich process that emits grey water, unlike the dangerous levels of methane emitted by waste left to decompose in landfills. As waste is added to the machine, the biodigester tracks the amounts and types of food waste being processed. This data is accessible through the LFC Cloud, making it easy for business owners to track waste and identify patterns across multiple units. 

By using the data from an LFC biodigester to adjust purchasing and serving, organizations can realize cost savings and reduce their carbon footprint. 

No matter where you are on your journey to reduce food waste, a biodigester can help achieve your goals. To learn more about food waste solutions for your particular industry, explore our Center of Sustainability or contact a Power Knot representative today.