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The following comments are from Sedina L. Banks and Sherry E. Jackman. Banks is a partner in Greenberg Glusker’s environmental group, specializing in regulatory compliance and environmental litigation. Jackman is an environmental litigator and compliance partner at Greenberg Glusker, representing companies facing challenging and complex environmental issues.
California remains a leader in enacting stringent food safety requirements. September 28, 2024 California Governor Gavin Newsom Two important food safety bills have been signed into law: California Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316). These laws are poised to have far-reaching effects on food labeling and product ingredients.
Assembly Bill 660
The overall goals of AB 660 are to create uniformity in date labeling, reduce unnecessary food waste, and increase consumer awareness and understanding of food safety. A press release announcing the law emphasized the law’s goal to standardize food date labels in California to “provide clarity and consistency to better inform consumers to significantly reduce food waste in the state.” .
Beginning July 1, 2026, food manufacturers, processors or retailers responsible for labeling food for human consumption will ~ have to For products manufactured on or after that date, use one of the following standard terms:
1. “Best if used” or “Best if used or frozen” to indicate the quality date of the product.
2. “Use by” or “use by or freeze by” refers to the safe date of the product.
3. “BB” refers to the quality date for a food item or beverage, as defined in Section 14504 of the Public Resources Code, that is too small to include the entire term in paragraph (1).
4. “UB” indicates a food safety date that is too small to indicate the entire period of (2).
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Greenberg Glusker’s environmental group granted permission.
These terms must be used because the law states: Not marked as per above.”
Additionally, the phrase “sell by” cannot be used on packaging after July 1, 2026. However, “sell by” dates may be displayed in a code format that is not easily readable by consumers and do not use the phrase “sell by.” ”
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Greenberg Glusker’s environmental group granted permission.
The amendment goes on to say that date marking itself is not mandatory. “Unless otherwise required by law, this section shall not be construed to require the use or labeling of date markings on edible foods unless the foods display date markings. Date label.” Labels that link to online information are also accepted. “This section does not prohibit the use or display of labels that enable consumers to view online information about food for human consumption.”
Despite these obligations, the law provides for some exemptions.
- Grocery stores may sell or offer for sale California prepared foods using the phrase “packed on” if the prepared foods label also displays a quality or safety date label.
- Additionally, the requirements do not prohibit labeling of wines, spirits, bottled or packaged wine- or spirits-based products after July 1, 2026, with language notifying that date. The product was produced, manufactured, bottled, packaged, or otherwise sold or offered for sale in that state by wine, spirits, or wine- or spirit-based products bearing that label.
- Retail food establishments may donate food that does not comply with labeling laws.
- The law does not apply to infant formula, eggs, pasteurized eggs in their shells, beer, and other malted beverages.
Assembly Bill 2316: California School Food Safety Act
The California School Food Safety Act requires all public schools in California serving kindergarten through 12th grade, including charter schools, to serve food containing the artificial dyes Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6. Doing or selling is prohibited. This ban will apply from December 31, 2027.
Supporters of the law cite an April 2021 study by the California Department of Environmental Health Risk Assessment that found that synthetic food dyes, such as those banned by the law, can affect neurological behavior in some children. Other studies have linked food additives to cancer and reproductive problems.
The adoption of this law follows last year’s adoption of the California Food Safety Act (Assembly Bill 418), which prohibits the manufacture, sale, delivery, distribution, possession or offer for sale of foods containing certain hazardous chemicals, including brominated vegetable oils and potassium bromate. This is according to. , Propylparaben and Red Dye 3 starting January 1, 2027. Taken together, both laws require the food industry to reformulate existing products to meet California’s stringent standards.
Nationwide Impact on the Food Industry
Recently enacted food safety laws build on California’s goals to enhance food safety, improve overall public health, and increase consumer clarity. Not surprisingly, California’s standards go far beyond federal regulations on food safety and labeling and bring California more in line with European Union food safety standards. These laws only apply to California, but given the size of California’s economy, they will have far-reaching implications for the U.S. food industry.
California has maintained the world’s fifth-largest economy for seven years in a row. For this reason, the regulatory requirements that apply in California can have a significant impact on national markets and drive change nationwide. Some companies may make a business decision not to distribute any more products in California, but given California’s economic dominance and the fact that non-California products often arrive in California through resellers and distributors, this is generally not a viable option. This is not it.
To simplify logistics and reduce costs, many companies choose to voluntarily meet California standards for all products sold in the United States rather than having separate products in California. This effectively puts California at the forefront of change across the country. Like other first-of-its-kind laws adopted by California, other states are expected to consider similar measures to address these food safety concerns.
With compliance deadlines approaching, companies need to prepare now to comply with these food ingredient and labeling laws. Companies should begin evaluating their product lines against California’s new standards to ensure timely compliance without business disruption. Failure to comply can result in lawsuits, penalties, brand equity issues, and other serious consequences.
