US food waste statistics show that up to 40% of all food produced in the United States is wasted. Of this, Californians throw away approximately 6 million tons of food waste each year, leading to an array of environmental and economic complications.
However, while every state across the U.S. contributes to food waste, California has made ongoing efforts to address this issue, creating various policies and initiatives to drive change.
Recently, Assembly Bill 660—a ban on “sell by” dates on food labels—has made headlines, showcasing California’s innovative approach to food waste.
Keep reading to learn more about California food labeling laws, where we’ll explore Assembly Bill 660, why the ban was needed, and how California’s food waste policies have evolved over time.
Key Takeaways
- Currently, other than infant formula, there are no federal regulations for food date labels. The lack of standardized labels has led to widespread confusion regarding expiration dates, therefore acting as a large driver of food waste.
- The new California food labeling law, Assembly Bill 660, prohibits the use of consumer-facing sell-by dates and requires standardized language for date labels in California.
- This policy defines “BEST if Used By” as the label for indicating peak quality and “Use By” for communicating product safety.
- The California Retail Food Code also requires eligible food facilities to limit refrigerated shelf life to 30 days from packaging to consumption, except when the product is kept frozen or follows the manufacturer’s “sell by” or “use by” date, whichever comes first.
- The new expiration laws in California mean that businesses must update their labeling standards and operational processes to comply with the new standardized terms. This may include updating packaging materials, redesigning labels to meet the new standards, and conducting training sessions.
Sell-By Date Ban: Understanding Assembly Bill 660
On September 28, 2024, Governor Gavin Newsom signed the nation’s first mandatory food date labeling reform bill. Assembly Bill No. 660 prohibits the use of consumer-facing sell-by dates and requires standardized language for date labels in California.
This ban will take effect on July 1, 2026, meaning that from that day forward, any food product with a date label (in exception of infant formula, eggs, beer, and malt beverages) will either be labeled “Best if Used By” or “Use By.” Why is this important?
Assemblymember Jacqui Irwin comments on this, stating: “Having to wonder whether our food is still good is an issue that we all have struggled with. Today’s signing of AB 660 is a monumental step to keep money in the pockets of consumers while helping the environment and the planet.”
With this new bill, California stands out as a leader in sustainability, using the standardization of food date labels to prevent waste at the source. So, what should you know about this bill?
California food labeling laws define “BEST if Used By” as the label for indicating peak quality and “Use By” for communicating product safety.
Assembly Bill 660 also authorizes grocery stores to display date labels with the phrase “packed on” on prepared food items, with the expectation that the prepared food item also displays a quality or safety date label in accordance with the new requirements.
Even more, the California Retail Food Code also requires eligible food facilities to limit refrigerated shelf life to 30 days from packaging to consumption, except when the product is kept frozen or follows the manufacturer’s “sell by” or “use by” date, whichever comes first.
What does this mean for other states?
While an increase in federal laws regulating food waste is required, each state can do their part to address this growing crisis. As for California, we have hope that Assembly Bill 660 will have a lasting impact, empowering businesses and consumers to reduce waste at the source, address environmental concerns, and minimize the financial impact of food waste.
Why Was the Ban Needed in the First Place?
Currently, other than infant formula, there are no federal regulations for food date labels. The lack of standardized labels has led to widespread confusion regarding expiration dates, therefore acting as a large driver of food waste.
How does this look in the real world?
This issue starts with manufacturers, who have the flexibility to choose how they create food expiration dates for their products. With unclear guidelines for sell-by, use-by, and best-before dates, retailers must then decide how to handle confusing labels. With a priority on food safety, retailers are more likely to discard products prematurely, therefore contributing to the issue of food wasted by grocery stores.
This confusion then reaches consumers, who often don’t know how to interpret different food product labels and are programmed to avoid products that are about to “expire.” Rather than consuming products before they spoil, many consumers would rather throw them away, therefore contributing even more to the food waste crisis.
With every stage of the supply chain contributing to this issue, more and more food ends up in the landfill. This has brought various issues to light, including:
- Environmental: From an environmental standpoint, food waste contributes to pollution, loss of biodiversity, and resource depletion. Even more, food waste that decomposes in landfills produces methane emissions, a powerful greenhouse gas that contributes to global warming.
- Economic: There are also economic consequences of food waste. From manufacturers who use valuable resources to produce food that is never sold, to retailers and consumers who purchase food and then never consume it, food waste has huge financial implications for everyone throughout the supply chain.
- Social: And lastly, there are social concerns related to food waste. With more than 47 million people in the U.S. facing hunger, food waste represents a lost opportunity to bridge the gap between surplus food and hunger. By creating more standardized food labels, businesses can increase donation efforts and prevent waste at the source.
Overall, it’s clear that the U.S. has had a long history of expiration dates confusing buyers. With California’s ban on sell-by dates, we hope to see other states creating their own food labeling laws to support waste diversion.
The Evolution of California’s Food Waste Policies
So, did expiration laws in California pop up overnight?
No, not exactly; multiple policies have been implemented over time to lead up to this moment. To better understand the evolution of California’s food waste policies, let’s look at some of the laws that have shaped California’s organic waste management initiatives:
AB 939 – Passed in 1989, AB 939 requires all California cities, counties, and approved regional solid waste management agencies to be responsible for enacting plans and implementing programs to divert 50% of their solid waste every year. It also established a framework for program implementation, solid waste planning, and solid waste facility and landfill compliance.
AB 341 – Effective in 2012, the goal of AB 341 is to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts. This policy requires businesses that generate four cubic yards or more of commercial solid waste per week and multifamily residential dwellings of five units or more to arrange recycling services.
AB 1826 – In 2016, California passed AB 1826, a policy that requires businesses to recycle their organic waste depending on the amount of waste they generate each week. It also requires each jurisdiction to implement an organic waste recycling program to divert organic waste generated by businesses.
SB 1383 – In 2016, the governor of California established clear methane emissions reduction targets: 50% reduction of organic waste disposal in landfills by 2020, 75% reduction of organic waste disposal in landfills by 2025, and 20% rescue of currently wasted surplus food by 2025. With SB 1383, every jurisdiction must provide organic waste collection services to all residents and businesses.
These policies have been key in improving waste management efforts. That said, every policy comes with its own complications.
For instance, while SB 1383 is celebrated for its goals in reducing organic waste, it faces multiple challenges. Small businesses, for example, often lack the resources available to larger companies, making it harder to participate. There’s also confusion between food banks and businesses over who should finance the costs associated with donating, sorting, and repurposing donated food.
That said, while each policy has obstacles, these initiatives are key to creating a more sustainable future. With time, we hope to see even more policies, including improvements to California’s food labeling laws.
What does the ban mean for businesses?
To comply with Assembly Bill 660, businesses in California must make company-wide changes, including:
- Changing labeling standards: With the sell-by date banned in California, businesses must update their labeling standards to comply with the new standardized terms. This includes using “BEST if Used By” to indicate peak quality and “Use By” for communicating product safety.
- Adjusting operational systems: As mentioned above, eligible food facilities must ensure that refrigerated food items are consumed within 30 days of packaging, unless the product is kept frozen or has a shorter time frame as indicated by “sell by” or “use by” dates. To comply with this new policy, manufacturers and retailers must optimize their distribution and inventory management to reduce food waste, making efficient product rotation practices and supply chain logistics a top priority.
It’s important to note that businesses that implement new processes must be ready to take on additional expenses. Why?
As with any company-wide change, there are potential expenses they may face. This includes expenses related to re-labeling and staff training, such as updating packaging materials, redesigning labels to meet the new standards, and conducting training sessions.
That said, these changes may lead to long-term cost savings, as reduced food waste can create a more efficient supply chain.
The Bottom Line
From production to consumption, advanced food waste management is crucial at every stage of the supply chain. With an increase in food waste policies, we expect to see wider participation from companies and households alike, working to reduce the environmental, economic, and social consequences of waste.
With the emergence of California food labeling laws, we hope to see other states follow their lead, therefore enhancing sustainability initiatives.
That said, businesses don’t have to wait for food waste laws to make a difference; food waste solution companies like Shapiro will work with you to create a tailored waste management solution that ensures you stay compliant, reduce your environmental footprint, and become a leader in sustainability.
Contact us today to learn more about our services.
Baily Ramsey, an accomplished marketing specialist, brings a unique blend of anthropological insight and marketing finesse to the digital landscape. Specializing in educational content creation, she creates content for various industries, with a particular interest in environmental initiatives.
