California's New Food Labeling Law Aims to Reduce Waste Through Clearer Standards

California has recently enacted a significant new food labeling law designed to clarify the real meaning behind expiration dates, thereby addressing a long-standing issue of food waste. Effective July 2026, the law establishes standardized terminology, such as “Best if used by” and “Use by,” to help consumers differentiate between food quality and safety, ultimately aiming to reduce the alarming level of waste in the food supply chain.

In an insightful conversation with Emily Broad Leib, the clinical professor of law and director of the Harvard Law School’s Food Law and Policy Clinic, we explored the law's implications and the broader national problem of food waste, which sees consumers discarding approximately one-third of the food they buy. Leib highlighted that confusion surrounding date labels contributes significantly to this waste, with many consumers discarding food based solely on the printed dates rather than evaluating its condition.

Understanding the Confusion Around Date Labels

One of the critical factors contributing to food waste in households is the misunderstanding of expiration dates. Leib pointed out that a survey conducted in 2025 revealed that 43% of participants frequently discard food solely based on date labels. This figure reflects an increase in food wastage rooted in misconceptions since a similar survey almost a decade ago. Consumers tend to throw away food even when it may still be perfectly safe and edible. The law aims to mitigate this by clearly defining label meanings, helping consumers make informed decisions.

Historically, consumers relied less on date labels, focusing instead on sensory indicators like smell and appearance. In contrast, modern labeling practices have led many to equate these dates with safety, often mistakenly believing they're a guarantee against foodborne illnesses such as salmonella or E. coli. In fact, the FDA has clarified that they do not regulate date labels for safety. Instead, these labels are mainly intended for stock rotation and to indicate peak freshness, not food safety.

The Role of Date Labels in Food Management

The current system of date labeling, characteristic of contemporary food retail, primarily serves the interests of food manufacturers and retailers. By ensuring that consumers enjoy their products at their best, companies can protect their market share in an increasingly competitive space. However, this misalignment of consumer perception and intention often leads to unnecessary food waste.

Leib emphasized that most consumers interpret expiration dates as indicators of safety, which is misleading. In fact, some foods, especially perishables like deli meats and prepared salads, do pose risks past their designated dates due to the potential for contamination. This law aims to create a clear distinction, allowing consumers to know which foods may still be safe to eat after the suggested dates.

California's Approach to Standardization

According to the new law, California will differentiate labeling based on the nature of the food. A label like “Best if used by” will indicate peak quality, allowing some leeway past the date if the food retains acceptable sensory attributes. Conversely, the "Use by" label will apply to those items deemed riskier if consumed past their expiration.

This bifurcated labeling system works towards educating consumers. For example, if a product is properly stored and shows no signs of spoilage, it's safe to consume, even if it has surpassed its labeling date.

Impact of Food Waste and Potential Legislative Developments

Shockingly, a household of four reportedly wastes about $3,000 worth of food annually, much of which is attributed to confusion surrounding date labels. This equates to around one-third of the American food supply being discarded yearly, with a significant portion of that originating from misguided consumer practices.

While California takes the lead with this legislation, it isn’t alone in its efforts. New York is moving in this direction as well, with a similar law awaiting the governor's signature. Massachusetts and others are also pushing for state-level solutions, reflecting growing recognition of the need for standardized food labeling across states. Leib pointed out that the legislative patchwork numerous states currently enforce creates challenges in transparency, as labeled definitions can vary widely.

Forward-Looking Insights

For a lasting solution, Leib suggests that federal regulations might be the best path forward. A cohesive national framework would ensure uniformity, preventing consumers from facing different labeling conventions based on geographical location. There’s been bipartisan support for legislation like the Food Date Labeling Act, further emphasizing the urgency of addressing this issue on a larger scale.

As consumer education continues to evolve, the goal remains clear: empower people to make informed decisions about food safety and quality based on both sound science and practical experience, reducing the substantial waste burden on households and the environment alike.