Food Labeling

Section § 82000

Explanation

This section defines three types of dates you might find on food packaging. A 'quality date' tells you when the food's quality might start to go down, but it's still okay to eat. A 'safety date' indicates when you should eat or freeze the food by for safety reasons, especially for perishable items. Lastly, a 'sell by' date is mainly for distributors or retailers to manage their inventory and isn't meant for consumers.

For purposes of this division, the following definitions apply:
(a)CA Food And Agriculture Code § 82000(a) “Quality date” means a date on a label affixed to the packaging or a container of food that communicates to consumers the date after which the food quality may begin to deteriorate but the food may still be acceptable for consumption.
(b)CA Food And Agriculture Code § 82000(b) “Safety date” means a date on a label affixed to the packaging or container of food that communicates to consumers that the food should be consumed or frozen, if appropriate, by the date listed on the package that applies to perishable products with potential safety implications over time.
(c)CA Food And Agriculture Code § 82000(c) “‘Sell by’ date” means a date on a label affixed to the packaging or container of food that is intended to communicate primarily to a distributor or retailer for purposes of stock rotation and that is not a quality date or a safety date.
food packaging quality date safety date ...

Section § 82001

Explanation

Starting July 1, 2026, food manufacturers, processors, or retailers in California must use specific terms on food labels to indicate quality or safety dates. 'BEST if Used by' or 'BEST if Used or Frozen by' are for quality by dates, while 'USE by' or 'USE by or Freeze by' are for safety by dates. Small items may use 'BB' or 'UB' if space is limited. Selling items with incorrect labeling or 'sell by' dates visible to consumers is prohibited. The law encourages consumer education through nonstate funds and allows for donations of food past the quality date. It does not apply to infant formula, eggs, or some alcoholic beverages. Grocery stores may label prepared foods differently if proper standards are met. This law can be overridden by federal law or specific shellfish labeling requirements.

(a)CA Food And Agriculture Code § 82001(a) On and after July 1, 2026, a food manufacturer, processor, or retailer responsible for the labeling of food items for human consumption that chooses, or is otherwise required by law, to display a date label to communicate a quality or safety date on a food item manufactured on or after July 1, 2026, shall use one of the following uniform terms on the date label:
(1)CA Food And Agriculture Code § 82001(a)(1) “BEST if Used by” or “BEST if Used or Frozen by” to indicate the quality date of the food item.
(2)CA Food And Agriculture Code § 82001(a)(2) “USE by” or “USE by or Freeze by” to indicate the safety date of the food item.
(3)CA Food And Agriculture Code § 82001(a)(3) “BB” to indicate the quality date of the food item if the food item is too small to include the uniform term described in paragraph (1) or if the food item is a beverage as defined in Section 14504 of the Public Resources Code.
(4)CA Food And Agriculture Code § 82001(a)(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).
(b)Copy CA Food And Agriculture Code § 82001(b)
(1)Copy CA Food And Agriculture Code § 82001(b)(1) A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that displays a quality or safety date label that is not labeled in accordance with subdivision (a).
(2)CA Food And Agriculture Code § 82001(b)(2) A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that is labeled with the phrase “sell by.” This paragraph does not prohibit the use of “sell by” dates that are presented in a coded format that are not easily readable by consumers and that do not use the phrase “sell by.”
(c)Copy CA Food And Agriculture Code § 82001(c)
(1)Copy CA Food And Agriculture Code § 82001(c)(1) The department may accept nonstate funds from public and private sources to, on its internet website, educate consumers about the meaning of the quality dates and safety dates specified in this section.
(2)CA Food And Agriculture Code § 82001(c)(2) Funds accepted by the department pursuant to paragraph (1) shall be deposited into the Consumer Education Account, which is hereby created in the Department of Food and Agriculture Fund.
(3)CA Food And Agriculture Code § 82001(c)(3) Notwithstanding Section 13340 of the Government Code, all funds in the Consumer Education Account are hereby continuously appropriated to the department without regard to fiscal years to carry out the purpose provided in paragraph (1).
(d)Copy CA Food And Agriculture Code § 82001(d)
(1)Copy CA Food And Agriculture Code § 82001(d)(1) This section does not prohibit, and shall not be construed to discourage, the sale, donation, or use of food after the food’s quality date pursuant to paragraph (1) of subdivision (a) has passed. A retail food facility may donate a food item for human consumption that is not labeled in accordance with this section.
(2)CA Food And Agriculture Code § 82001(d)(2) Unless otherwise required by law, this section shall not be construed to require the use or display of a date label on a food item for human consumption unless the food item displays a date label.
(3)CA Food And Agriculture Code § 82001(d)(3) This section does not prohibit the use or display of a label that allows consumers to view online information about a food item for human consumption.
(4)CA Food And Agriculture Code § 82001(d)(4) Notwithstanding subdivisions (a) and (b), on and after July 1, 2026, a grocery store may display a label with the phrase “packed on” on a prepared food item and may sell or offer for sale in the state the prepared food item with that label if the prepared food item also displays a quality or safety date label in accordance with subdivision (a).
(5)CA Food And Agriculture Code § 82001(d)(5) This section does not prohibit a person from displaying on wine, a distilled spirit, or a wine- or distilled spirit-based product bottled or packaged on and after July 1, 2026, a label with a statement that communicates the date on which the wine, distilled spirit, or wine- or distilled spirit-based product was produced, manufactured, bottled, or packaged, or from selling or offering for sale in the state the wine, distilled spirit, or wine- or distilled spirit-based product with that label. The statement may use date formats, including, but not limited to, dates in a time, day, month, and year format and Julian dates.
(6)CA Food And Agriculture Code § 82001(d)(6) To the extent that any other law or a National Shellfish Sanitation Program provision governing the labeling of shellfish authorizes or requires the use of terms that conflict, or are inconsistent, with this section, this section does not apply.
(e)CA Food And Agriculture Code § 82001(e) This section does not apply to any of the following:
(1)CA Food And Agriculture Code § 82001(e)(1) Infant formula.
(2)CA Food And Agriculture Code § 82001(e)(2) Eggs or pasteurized in-shell eggs.
(3)CA Food And Agriculture Code § 82001(e)(3) Beer and other malt beverages.
(f)CA Food And Agriculture Code § 82001(f) For purposes of this section, the following definitions apply:
(1)CA Food And Agriculture Code § 82001(f)(1) “Grocery store” means a store engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter.
(2)CA Food And Agriculture Code § 82001(f)(2) “Prepared food item” means a food item for human consumption prepared or repackaged on a grocery store’s premises, using any cooking or food preparation technique.
(g)CA Food And Agriculture Code § 82001(g) If and to the extent that any provision of this section is preempted by federal law, the provision does not apply and shall not be enforced.
food labeling quality date safety date ...