Seeking to Cut Food Waste, California Bans ‘Sell By’ Labeling on Products

The bill’s author says consumers mistake the phrase for an expiration date, and barring it will reduce food waste in landfills, which produces methane.

A customer shops at a grocery store in Mill Valley, Calif., on June 11, 2024. Justin Sullivan/Getty Images

Food products sold in California will no longer have a “sell by” stamp after July 1, 2026, after Gov. Gavin Newsom approved a law governing food labeling.

When it goes into effect, Assembly Bill 660 will require the use of two standard terms for food products that choose to use a date label—“best if used by” to indicate the quality date of food, or “use by” to indicate the safety of food.

Newsom said in a statement he also believed the new law, which he signed on Sept. 28, would better inform consumers and “significantly reduce food waste.”

Stamping food with quality or time limits is not required as part of the law. The federal government also doesn’t require foods to be issued a “use by” date on anything except baby formula.

Environmental organizations that sponsored the new law say banning the “sell by” stamp will keep more food out of the garbage bin, cutting down on methane produced at landfills.

The groups also hope the new law will cut down on confusion by requiring manufacturers to use the same phrases for date labels on all products.

California is the first state in the nation to pass the regulations, which were written by Assemblywoman Jacqui Irwin, a Thousand Oaks Democrat.

“Having to wonder whether our food is still good is an issue that we all have struggled with,” Irwin said in a statement. “Today’s signing of AB660 is a monumental step to keep money in the pockets of consumers while helping the environment and the planet.”

With the new law in California, dates may be voluntarily applied to meat, poultry, and egg products, provided that the dates are truthful and not misleading.

Irwin said some of the phrases currently used, such as “expires on,” “best before,” and “sell by,” can be unclear to average consumers. Some consumers may think the dates are equal to expiration dates, she explained in a legislative assessment of the bill.

Owner Ray Martinez at La Playa Market in Inglewood, Calif., on Nov. 1, 2012. Food producers in the state will no longer stamp a “sell by” date on food after July 1, 2027. AP Photo/Damian Dovarganes

The confusion leads to food being wasted, strained grocery budgets, and increasing emissions of methane—a type of greenhouse gas—from rotting food, according to Irwin.

Food packagers can continue to label products with a “sell by” date only if it is coded in a format that is not easily readable by consumers and does not use the phrase “sell by,” according to a legislative analysis.

The law also allows food to be donated after the “best if used by” date has passed.

Californians Against Waste, a nonprofit environmental advocacy organization, co-sponsored the bill with the Natural Resources Defense Council, a national coalition of 3 million environmental activists.

Food products with labels printed with "sell by" and "used by" dates are seen in a file photo. Environmental groups sponsoring California's new law banning "sell by" dates say it will cut down on food waste. Joyce Kuo/The Epoch Times

Inconsistent use of phrases like “sell by” and “expires on” can make it “impossible” for consumers who don’t want to throw away good food, according to Erica Parker, a policy associate with Californians Against Waste.

“The result is a staggering amount of food waste—Californians throw away 6 million tons of food waste each year—and confusion over date labels is a leading cause,” Parker said in a statement Sept. 30.

Victoria Rome, the California lobbyist for the Natural Resources Defense Council, said the bill’s signing will cut down on confusion.

“Standardizing food date labels is a common-sense solution that will keep more money in people’s pockets and food on families’ plates, while reducing climate warming emissions,” Rome said in a statement after the signing.

The Natural Resources Defense Council said California’s food waste accounts for 41 percent of the state’s methane emissions.

The group also said the U.S. wastes 40 percent of the food it produces. That’s about 20 pounds of food per person every month, according to the council’s 2012 study. The group also reported 16 percent of U.S. methane emissions was caused by organic matter dumped in landfills.

The council also believes 80 percent of the fresh water Americans use is for food production, and 10 percent of energy in the country is used to produce and distribute food.

California passed a similar law in 2017 which directed the state to promote the voluntary adoption of the “best if used by” and “use by” terms, but implementation of the standard terms fell short, according to the sponsors.

The new measure mandates the use of the terms across all products sold in California.