U.S. food date labelling changes: What industry needs to know
2 July 2026 | Millie Preston, Regulatory Affairs Advisor
Food date labelling in the United States has historically relied on voluntary practices and inconsistent terminology, resulting in variability across the market and well-documented consumer confusion. The absence of harmonised definitions has led to the use of numerous phrases – such as “Sell By”, “Use By” and “Best By” – often without clear distinction between indicators of product quality and food safety.
Government agencies have estimated that confusion over date labelling terminology contributes to approximately 20% of household food waste, highlighting both economic and environmental implications (FDA/USDA, 2024).
Recent developments at both state and federal level suggest a shift towards a more structured and potentially harmonised approach to food date labelling.
The current U.S. framework
Under the current U.S. framework, food date labelling remains largely voluntary. Manufacturers may apply date labels at their discretion, provided that the information is truthful and not misleading. Federal regulations do not prescribe specific terminology or mandate the use of date labels, with the exception of infant formula, which must carry a “Use By” date under federal law (21 CFR 106.60(a)).
Regulators have, however, provided guidance. The USDA (United States Department of Agriculture) Food Safety and Inspection Service (FSIS) has encouraged the use of the phrase “Best if Used By” to denote quality, based on research indicating that this terminology is more readily understood by consumers as relating to freshness rather than safety (FSIS guidance).
Despite such recommendations, the absence of binding requirements has resulted in widespread inconsistency. In practice:
- Most date labels reflect quality rather than safety
- Terms such as “Sell By” are primarily intended for stock rotation purposes, yet remain visible to consumers and are often misinterpreted (FSIS guidance).
The result is a framework that places significant responsibility on industry while offering limited standardisation and contributing to inconsistent consumer understanding.
California AB 660: introducing structure
California’s Assembly Bill 660 (AB 660), signed into law in September 2024, represents a significant addition to this voluntary framework. From 1 July 2026, the legislation imposes mandatory standardised terminology for food date labelling within the state.
Specifically:
- “Best if Used By” (or equivalent) is designated for quality-based dates
- “Use By” (or equivalent) is reserved for safety-related dates
- Consumer-facing “Sell By” terminology is prohibited, although coded versions may still be used for internal stock control
This distinction aims to clearly separate quality from safety in consumer communications.
The policy is also explicitly linked to food waste reduction, with inconsistent labelling identified as a driver of premature disposal of safe food (CDFA). As the first mandatory standardisation of its kind in the United States, AB 660 represents a significant step.
Emerging federal direction
At federal level, no mandatory terminology has yet been introduced. However, a joint Request for Information (RFI) issued by the FDA and FSIS in December 2024 suggests a similar direction of travel.
The RFI seeks data on:
- Industry practices and criteria for applying date labels
- Consumer understanding and interpretation of terminology
- The relationship between date labelling, food waste and household costs
The RFI is positioned within the broader U.S. National Strategy for Reducing Food Loss and Waste, which aims to reduce food waste by 50% by 2030 (FDA, 2024).
While the outcome of the RFI remains uncertain, the process suggests that future federal guidance or standardisation is plausible, particularly if supported by strong stakeholder input.
Implications for industry
These developments create both obligations and choices for businesses:
- California’s more prescriptive requirements add complexity to an already fragmented system and may effectively drive national alignment
- Clear differentiation between “Use By” (safety) and “Best if Used By” (quality) will require stronger shelf-life evidence and robust scientific justification
- Companies may choose to standardise terminology across product portfolios to reduce complexity, minimise rework and control costs
Food date labelling in the United States is entering a period of transition. Although the federal framework remains voluntary, California’s AB 660 introduces enforceable requirements that are likely to shape broader market practice.
How we can help you navigate U.S. date labelling changes
We can help businesses by:
- Reviewing labels and artwork against evolving state and federal expectations
- Strengthening the scientific basis for shelf-life determination and date label selection
- Monitoring regulatory developments and horizon scanning to anticipate further policy changes
By taking a proactive approach, businesses can stay ahead of compliance deadlines, keep labels up to date, and avoid misuse of terminology.
We are here to help with all elements of managing food safety, quality and compliance with confidence – navigating change, controlling risk, and protecting your brand. From initial supply chain risk assessments through to final product assurance, we provide consultancy and guidance at every step. Our regulatory experts help you meet the legal requirements of your target markets and keep up with changes. And our laboratories are here to help with the design and execution of testing plans to demonstrate compliance.
About Millie Preston
Millie joined Campden BRI in 2023 as an Assistant Regulatory Affairs Advisor and progressed to her current role as Regulatory Affairs Advisor in 2024. She provides regulatory support to clients navigating the complexities of US food legislation, including FDA requirements and standards of identity. Her work involves interpreting compositional standards, advising on labelling compliance, and supporting clients through regulatory advice.
Millie holds a First Class Honours BSc in Human Nutrition and Food Science from Northumbria University, where she developed a strong foundation in various areas of this field.
Prior to joining Campden BRI, she gained experience in food product development, technical writing, and public health, as well educational assessment and content development for food science qualifications.
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If you’d like to find out more about the food date labelling changes, contact our support team to find out how we can help.
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