AB 660 (Irwin)

OVERVIEW:

AB 660 requires food manufacturers to use uniform terminology when labeling their products with "safety" or "quality" date and bans the use of consumer-facing "sell-by" dates.

WHY SIMPLIFY DATE LABLES?

There are more than 50 differently phrased date labels used in the U.S. today, such as “Sell By,” “Expires On,” “Freshest Before,” “Please Enjoy By,” etc. Each of these phrases can be used to communicate different things by different brands, while some date labels contain no phrase next to them at all. The result is a confusing data labeling system and a staggering amount of food waste.

Research shows that 20% of all avoidable food waste is caused by consumer confusion over expiration dates, and streamlining these dates will reduce food waste, financial losses to consumers, and methane emissions from food rotting in landfills.

THE IMPACTS OF FOOD WASTE:

The environmental cost of food waste is undeniable. Food is the single most common material landfilled in California, and decomposing food and other organic waste in landfills accounts for 41% of the state’s point-source methane emissions. Methane is a potent greenhouse gas responsible for about 30% of the global warming that is now driving climate change.

Californians toss nearly 6 million tons of food waste each year and confusion over date labels is a leading cause. Food systems inherently depend on natural resources, such as water, land, minerals, and fuel. As such, food systems directly impact our environment, and wasted food is fundamentally a squandering of the natural resources used to grow, process, distribute, and store our food.

Wasted food also has significant impacts on food security in California. A survey referenced in, The Dating Game: How Confusing Food Date Labels Lead to Food Waste in America found that 91% of consumers reported that they at least occasionally discarded food past its “sell by” date out of concern for food safety, and 25% reported always doing so. “Sell by” dates inform retailers’ stock rotation rather than inherent food quality or safety.

Food banks and food pantries often receive packaged foods that have passed their “sell by” dates and have found that customers feel they are being offered spoiled food and may reject it. This keeps edible food from hungry citizens when 1 in 5 Californians currently struggle with food insecurity.

Reducing food waste is especially critical considering the cost to households – the average American spends over $1,300 a year on food that is never eaten. Tossing food prematurely because of misleading date labels costs Californians billions each year. In a time of rising grocery bills and food insecurity, every bit of savings helps.

Preventing food waste is essential to slowing climate change, promoting resource conservation, increasing food security, and saving Californians money.

 
 

Position: Co-sponsored by Californians Against Waste & Natural Resources Defense Council
Contact: Nick Lapis & Erica Parker

Status: Signed by Governor Newsom

Current language, analysis, and votes:  AB 660

See related legislation: AB 2577 (Irwin) Regulating Expiration Dates

Press conference for Assembly Bill 660 at the California State Capitol, August 26, 2024.

From left to right: Aakash Vashee (Office of Asm. Jacqui Irwin), Darryl Little Jr. (NRDC), Brett Williams (Office of Asm. Jacqui Irwin), Assemblymember Jacqui Irwin (D-Thousand Oaks), Erica Parker (CAW), and Nick Lapis (CAW).

 

WHAT DOES AB 660 DO?

AB 660 defines a standard for producer- and consumer-facing labels on packaged foods.

This bill requires manufacturers distributing non-exempt products in California to use the same format for quality and safety dates. AB 660 also prohibits consumer-facing “Sell By” dates and alternatively allows coded “Sell By” dates. Coded “Sell By” dates retain stock rotation information for retailers while eliminating the source of consumer confusion that results in the disposal of wholesome, nutritious food.

 

FREQUENTLY ASKED QUESTIONS

  • This bill goes into effect July 1, 2026.

    A sell-through period is permitted, allowing manufacturers and retailers to “sell through” remaining products which were manufactured before July 1, 2026, that may not be labeled in accordance with the new requirements.

  • No. AB 660 does not require that manufactures and food producers add quality and/or safety dates on food items. The bill only requires (unless otherwise exempt) that any manufacturer/producer that decides to provide a date on the package must follow these rules:

    1. There must be a phrase to accompany the date, and
    2. The phrase must follow the approved formats for quality and safety dates accordingly

  • With the exception of baby formula, there are no federal regulations on food date labeling. Some states have regulated what food items need to have dates on them, but do not regulate what phrases (if any) are required to accompany those dates.

    While this bill only applies to products sold in California, we are hopeful that AB 660 will serve as a catalyst for the enactment of similar legislation in other states. We are also hopeful that AB 660 will accelerate enactment of the Federal Food Date Labeling Act which similarly aims to clear up food date label confusion and reduce food waste.