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29 October 2024

Food Labeling Update: Quality And Safety Dates – Clarifying "Best By" And "Use By"

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Sheppard Mullin Richter & Hampton

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Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
"Best By", "Use By", "Sell By" dates. To clarify quality and safety dates on food labels, on September 28, 2024, a new law was enacted in California that requires food manufacturers...
United States California Food, Drugs, Healthcare, Life Sciences

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"Best By", "Use By", "Sell By" dates. To clarify quality and safety dates on food labels, on September 28, 2024, a new law was enacted in California that requires food manufacturers, processors, and retailers responsible for food labeling to "display a date label to communicate a quality or safety date on a food item manufactured on or after July 1, 2026[.]" This new law does not apply to infant formula, eggs or pasteurized in-shell eggs, beer or other malt beverages. Subject to those exceptions, A.B. 660 provides that for food manufactured on or after July 1, 2026, food labels will be required to display one of these uniform terms:

  1. "BEST if Used by" or "BEST if Used or Frozen by" to indicate the quality date of the food item.
  2. "USE by" or "USE by or Freeze by" to indicate the safety date of the food item.
  3. "BB" to indicate the quality date of the food item if the item is too small to include the uniform text in paragraph (1), or for beverages, as defined in Section 14504 of the Public Resources Code.
  4. "UB" to indicate the safety date of the food item if the food item is too small to include the uniform term described in paragraph (2).

After July 2026, in the new era of quality and safety date labeling, food manufacturers, processors, and retailers in California will no longer be able to label their items with only "Sell By" dates or other language such as "expires on" or "freshest by". One impetus for this bill was to reduce food waste due to "sell by" and other date labels resulting in consumers discarding food out of concern for safety and quality. To prepare for new law effective in July 2026, food manufacturers, processors, and retailers should update their labeling processes to revise or edit the language of the food safety and food quality dates, to ensure compliance with A.B. 660.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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