California's AB 660 (signed September 28, 2024) says that if food manufactured on or after July 1, 2026 shows a quality or safety date, it must use one of these phrases:
BEST if Used byorBEST if Used or Frozen byfor a quality dateUSE byorUSE by or Freeze byfor a safety date
Consumer-facing “sell by” is banned on that food. The law doesn't require dates, and food made before July 1, 2026 can still be sold with its old label.
What labels can say now
The rules are in Section 82001 of the Food and Agricultural Code, as rewritten by AB 660:
| On the label | Meaning | When it's allowed |
|---|---|---|
| BEST if Used by | Quality date | Any food with a quality date |
| BEST if Used or Frozen by | Quality date | Any food with a quality date |
| USE by | Safety date | Any food with a safety date |
| USE by or Freeze by | Safety date | Any food with a safety date |
| BB | Quality date | Package too small for the full phrase, or the product is a beverage (as defined in Public Resources Code 14504) |
| UB | Safety date | Package too small for the full phrase |
| Packed on | Date a store prepared or repackaged it | Only on food prepared in a grocery store, and only if it also has a quality or safety date |
| Sell by | Stock rotation | Not allowed, except as a coded date that consumers can't easily read and that doesn't use the phrase "sell by" |
The California Department of Food and Agriculture (CDFA) describes a quality date as one that “indicates peak freshness (or quality)” and a safety date as one that “indicates when a food item is no longer safe to eat.” That gives USE by a firmer meaning in California than in federal guidance, where USDA calls use by a quality date except on infant formula. See what use by means for the full comparison.
Before AB 660, an earlier law (AB 954, from the 2017–18 session) only asked CDFA to encourage these phrases voluntarily. AB 660 made them mandatory for food that carries a date.
Why you'll still see “sell by” on California shelves
The law is triggered by the manufacture date, not the date you shop. Food made before July 1, 2026 can be sold with whatever label it was printed with. For fresh meat and dairy that turns over quickly, old labels will vanish fast. For canned and dry goods, which can keep their quality for 12 months to several years, older labels will linger. You also can't always tell a product's manufacture date from the package.
Other reasons an old-style date may be legitimate:
- The product is exempt: infant formula, eggs (including pasteurized in-shell eggs), and beer and other malt beverages.
- It's a coded sell-by for store staff that consumers can't easily read.
- It's wine or a distilled spirit showing when it was produced or bottled; the law allows that, including Julian-date formats.
- It's shellfish, where national shellfish sanitation rules require wording that conflicts with the state phrases.
The fine print
- No date is required. Unless another law already requires one, the law doesn't force a date onto food that has none.
- Past-date food can still be sold and donated. The law says it doesn't prohibit or discourage the sale, donation or use of food after its quality date, and retail food facilities can donate food that isn't labeled to the new standard.
- QR codes and online info are allowed alongside the date.
- Milk changed too. AB 660 rewrote California's milk-dating statute so the date on market milk and cream is the date by which the product “should normally be used to ensure consumer quality,” rather than the date it's normally pulled from the shelf.
- Federal law wins where it applies. Any part of the section that federal law preempts doesn't apply.
- Enforcement. The bill doesn't set its own fines. The Legislative Counsel's Digest notes that, unless another penalty is specified, violating the Food and Agricultural Code is a misdemeanor, and that the new labeling requirements create a crime.
What it means in your kitchen
On food made under the new rules, the first word tells you what you need to know. BEST means quality: check the food after the date instead of throwing it out automatically (best by explained). USE means the maker is calling it a safety date: use or freeze the food by then.
Everything else on the package still works the way it did. A packed-on date on store-prepared food is the day it was made, not the day to use it (packed-on dates). If you find a sell-by date, it's older stock or exempt food; count storage time from the day you bought it (sell by explained).
Old and new labels will share your fridge for a while. FreshScan reads both, keeps the date type on each item, and reminds you two days before the date.
Free on theApp StoreOther states and federal bills
New York
New York's S7618B/A7291B would require the same four phrases, allow UB and BB on small packages, and ban consumer-facing “sell by” on food manufactured on or after July 1, 2028. It would not apply to infant formula or alcoholic beverages. The Senate passed it in March 2026 and passed the amended version again on May 11, 2026; the Assembly passed it on June 2, 2026. As of late September 2026, the Senate's bill page lists it as “Passed Senate & Assembly” with no record of delivery to or signature by the governor. If it is signed, the act takes effect 180 days later.
Federal
There is still no federal standard. The Food Date Labeling Act of 2025 (S.2541, introduced July 30, 2025; H.R.4987, introduced August 15, 2025) would make BEST If Used By the national quality phrase and USE By the national discard-date phrase. Both bills are in committee and are not law. In December 2024, USDA and FDA asked for public input on date labeling (docket FSIS-2024-0021; comments closed March 5, 2025). That was a request for information, not a proposed rule. Federally, infant formula is still the only food that must carry a date.
Official resources
- AB 660 full text and digest (California Legislative Information)
- Food Date Labeling (CDFA)
For how every date phrase compares, including the federal definitions, see sell by vs use by vs best by.
Questions people ask
Is "sell by" illegal in California now?
Only on food manufactured on or after July 1, 2026. Food made before then can still be sold with a sell-by date, and stores can still use coded sell-by dates that consumers can't easily read. Eggs, infant formula and beer are exempt from the law.
Does AB 660 require food to have an expiration date?
No. The law says it doesn't require a date label unless another law already does. It controls the wording: if a manufacturer or store chooses to show a quality or safety date on food made on or after July 1, 2026, it must use the standard phrases.
What do BB and UB mean on California labels?
BB stands for "BEST if Used by" (a quality date) and UB for "USE by" (a safety date). The law allows BB when the package is too small for the full phrase or the product is a beverage, and UB when the package is too small.
Can California stores sell or donate food after its best-by date?
Yes. The law says it doesn't prohibit or discourage selling, donating or using food after its quality date has passed, and retail food facilities may donate food that isn't labeled to the new standard.
Does New York have the same law?
Not yet. New York's legislature passed a similar bill (S7618B/A7291B) in June 2026. As of late September 2026, the state's bill record showed no signature by the governor. If signed, its sell-by ban would apply to food manufactured on or after July 1, 2028.
Sources
- AB 660 (Irwin, 2024), Chapter 911, Statutes of 2024: bill text and Legislative Counsel's Digest — California Legislative Information
- Food Date Labeling — California Department of Food and Agriculture
- AB 954 (Chiu, 2017): Food labeling: quality and safety dates — California Legislative Information
- S7618B: Food date labeling (2025–2026 session) — New York State Senate
- S.2541: Food Date Labeling Act of 2025 — Congress.gov
- H.R.4987: Food Date Labeling Act of 2025 — Congress.gov
- Food Date Labeling (request for information, docket FSIS-2024-0021) — USDA FSIS and FDA
- Food Product Dating — USDA Food Safety and Inspection Service
- California Becomes First State to Ban "Sell By" Dates on Packaged Foods (press release) — Natural Resources Defense Council