New York lawmakers are advancing legislation that would significantly alter how food products are labeled with dates, aiming to reduce consumer confusion, decrease food waste, and potentially lower grocery bills. The proposed bill, which has passed the state Senate and is awaiting review by Gov. Kathy Hochul, seeks to standardize date labels to two simple phrases: "use by" and "best if used by."
If signed into law, the bill would eliminate "sell by" dates on food packaging. Proponents of the legislation argue that "sell by" dates are primarily for inventory management by retailers and do not indicate food safety or quality for consumers. The removal of these labels is expected to prevent confusion and discourage the premature discarding of still-edible food.
The two remaining labels would carry distinct meanings. "Use by" would signify a food safety deadline, indicating when a product may no longer be safe to consume. In contrast, "best if used by" would denote a quality date, suggesting when a product is expected to be at its peak flavor or quality, while still remaining safe to eat thereafter.
This legislative effort, first introduced in 2025, is projected to reduce food waste by approximately 20%, according to the bill's claims. As food costs continue to rise, simplifying date labels could help households save money by reducing the amount of food that is thrown away due to misinterpreted expiration dates.
To support the transition, the bill mandates that the Department of Agriculture develop educational materials to explain the new date label meanings. Grocery stores would also be required to display signage in stores to inform consumers about the changes.
New York would join California as the second state to implement such a "sell by" ban on food products. California passed a similar law in 2024, which will take effect on July 1. Under California's law, "BEST if Used by" indicates peak quality, while "USE by" denotes a food safety deadline. Shortened versions like "BB" (best by) and "UB" (use by) are also permitted for smaller packages and certain beverages.
Currently, there are no federal or state regulations specifically governing food date labeling, beyond guidance from the U.S. Department of Agriculture. This lack of enforceable standards has been cited as a source of "consumer confusion."
Senator Michelle Hinchey, the bill's sponsor, stated that confusing date labels lead consumers to discard perfectly good food, resulting in significant financial waste and increased emissions. The proposed legislation aims to rectify this issue.
If Gov. Hochul approves the bill, it is expected to take effect 180 days after being signed, likely in the coming year. This timeline would align with the ongoing efforts in other states to standardize and clarify food date labeling practices.