K A S H R U T . C O M_©

May 19, 2025 from The Acheson Group:

"In a little over a year, any food sold in California must meet a new date labeling regulation which vastly limits the allowed verbiage for a food quality or safety date label. The food and beverage products labeling regulation (AB 660) requires that the label of food manufactured for human consumption on or after July 1, 2026:

• "Only use the following date terms to indicate:
  • Safety: USE by [date] or USE by or Freeze by [date]; or UB if the food item is too small to include the above
  • Quality: BEST if Used by [date] or BEST if Used or Frozen [date]; or BB if the food item is too small to include the above or it is a beverage defined in Section 14504 of the California PRC
• "Not include the phrase “Sell by.” However, coded formats not easily readable by consumers that do not use the phrase sell by can be included on a label for industry information.

"Although it is a California law, not a federal law, the initiative impacts the entire food industry just as has California’s previous regulation banning brominated vegetable oil (BVO), potassium bromate, propylparaben, and red dye 3. Not only is it challenging, and often financially unfeasible, to formulate – or label – a food differently for California and the rest of the US, but the regulation is likely to further inform the federal discussion on food labeling.

"To clarify the required uses of the new date labeling, additional provisions of the California regulation state:

• Grocery stores may include the phrase “packed on” on prepared food items if the above quality or safety date label is also used.
• Wine, distilled spirits, or their products may include labels noting where they were produced, manufactured, bottled, or packaged.
• The regulation does not apply to infant formula, eggs or pasteurized in-shell eggs, or beer and other malt beverages.
• The regulation does not require that safety or quality dates be used on a food, but if a safety or quality date is used, whether by choice or regulation, it must follow the above standard.
• A food item may also include information (e.g., URL, QR code, etc.) that enables consumers to view online information about the food."