California bans ‘sell by’ food labels to cut food waste and confusion
The Confusion in Consumers’ Homes
California bans sell by food labels – In the kitchen of Kimberley Kausen, a chef and cooking instructor in Irvine, California, the meaning of a “sell by” date on a milk jug varies among family members. Her daughter might discard it without hesitation, while her husband could still use it for a few more days. Kausen, however, relies on sensory checks to determine freshness, emphasizing the importance of smell and touch when assessing meat and poultry.
“I’ll put some thought into it, and if we’re talking about meat and poultry, I’m very cautious about that and for sure will do the smell test and the touch test,” Kausen said.
This disagreement in Kausen’s kitchen mirrors the challenges faced in households throughout California and the nation, where inconsistent labeling terms have long muddled perceptions about food quality and safety. The state aims to reduce consumer uncertainty by introducing a new food labeling law, effective Wednesday, that eliminates “sell by” labels.
California’s New Food Labeling Law
Under the new law, food manufacturers in California must adopt two standardized labels: “Best if Used By” for peak quality and “Use By” for safety indicators. Retailers and producers can choose either label or both, as outlined by Democratic Assemblymember Jacqui Irwin, the bill’s author.
California became the first U.S. state to implement uniform food labeling standards, as the law passed in 2024 seeks to minimize waste and lower emissions linked to food disposal. Similar initiatives have gained traction in New York, with legislation pending approval from Gov. Kathy Hochul. Other states like Illinois and Maryland have also proposed comparable measures, though they remain in draft form.
Broader Implications and National Momentum
According to a 2022 University of Maryland study, over 50 distinct date labels exist on store-bought packaged foods, often unregulated and disconnected from safety. Nick Lapis of Californians Against Waste highlighted that these labels are a primary cause of household food waste, noting their impact on food banks where people mistakenly assume “sell by” dates mean 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 said.
Chandran of ReFED added that consumers frequently misinterpret date labels as definitive signs of inedibility. The recent legislative actions in California and New York have spurred efforts for a national standard, with a bipartisan bill currently under consideration in Congress. The USDA had previously recommended shifting to “Best if Used By” labels a decade ago, but federal regulations remain limited to infant formula.
Industry Response and Consumer Impact
Nate Rose from the California Grocers Association noted that some retailers have adjusted their systems, but the overall industry response has been favorable. He described the change as a “win-win” that simplifies decisions for shoppers while curbing food waste. Despite the transition, older labels will persist in stores for months as retailers phase out existing stock.
With no federal mandate, the lack of standardization has contributed to nearly 20% of the nation’s food waste, as per the FDA. In California alone, this translates to approximately 6 million tons of unexpired food discarded annually. The law represents a significant step toward aligning labeling practices with consumer needs and environmental goals.
