Top: Photo created by BioCycle.
New York is one step closer to becoming the latest state to standardize food date labeling after the Legislature passed Senate Bill S7618B and its companion Assembly bill. The legislation, which now awaits Governor Kathy Hochul’s signature, would replace the patchwork of phrases currently found on food packaging with uniform terminology intended to help consumers distinguish between food safety and food quality.
If signed into law, manufacturers, processors, and retailers that use date labels would be required to use “USE by” or “USE by or Freeze by” to indicate food safety, and “BEST if Used by” or “BEST if Used or Frozen by” to indicate food quality. The legislation also phases out consumer-facing “sell by” labels, while allowing coded inventory management labels that are not intended for shoppers. The requirements would apply only when a date label is voluntarily used or otherwise required under existing law.
The bill addresses a long-recognized contributor to food waste. Confusing date labels frequently cause consumers to discard food that remains safe to eat, sending edible material to landfills, composting facilities, or anaerobic digesters instead of keeping it in the food system. The bill’s sponsor memo estimates that standardized labeling could reduce food waste by approximately 20% while lowering methane emissions from landfilled organics and helping consumers avoid unnecessary food purchases. Those estimates align with years of research showing that date label confusion is one of the leading drivers of avoidable household food waste.
The legislation goes beyond packaging requirements by directing the New York State Department of Agriculture and Markets to develop consumer education materials explaining the difference between safety and quality dates. The Department would also conduct outreach to grocery stores, wholesalers, food donation organizations, and the public, while requiring retailers to post signage describing the meaning of the new labels. The goal is to increase consumer confidence in foods that remain wholesome after a quality date has passed and encourage more food donation rather than disposal. Greater consistency in labeling may help reduce uncertainty around donated products, allowing more edible food to be redistributed before it enters the organics stream.
