The FDA Wants to End the Use of Sell-By Dates — Here’s Why

In late September, California Gov. Gavin Newsom signed legislation banning the use of “sell-by” dates in the state, instead requiring standardized language for date labels. The move, Food & Wine previously reported, was in an effort to reduce confusion and food waste, as current labeling can include everything from “display until,” “freshest by,” or “best before.” And now, it appears the US Food and Drug Administration and the U.S. Department of Agriculture are considering the same.

In early December, the agencies sent out a request for information and feedback on food labeling, which noted, “FSIS and FDA (we, the agencies) are seeking public input on food date labeling. This request for information seeks information on industry practices and preferences for date labeling, research results on consumer perceptions of date labeling, and any impact date labeling may have on food waste.” 

As the agencies explained, they both have the “responsibility for ensuring that food labels on products over which they each have jurisdiction are truthful and not misleading” and for ensuring that “meat, poultry, and egg products are safe, wholesome, and properly labeled and packaged.” It added that the FDA also regulates a “significant portion of the nation’s food supply,” including fruits, vegetables, dairy, grain, packaged foods, shell eggs, seafood, infant formula, dietary supplements, beverages, and game meat, ensuring all of their labeling is “truthful and non-misleading.” 

Now, the agencies want to make these labels even easier to understand, partially in response to the National Strategy for Reducing Food Loss and Waste and Recycling Organics set out by the Biden-Harris Administration over the summer. 

In their letter, they explained that the National Strategy presents a pathway to meeting the national goal of reducing food loss and waste by 50 percent by 2030. This is a lofty and important goal. 

“The U.S. Environmental Protection Agency (EPA) estimates that in 2019, 66 million tons of wasted food was generated in the food retail, food service, and residential sectors, and most of this waste (about 60 percent) was sent to landfills,” the letter stated. “An additional 40 million tons of wasted food was generated in the food and beverage manufacturing and processing sectors. Wasted food is the single largest category of material placed in municipal landfills.” 

Beyond ending up in landfills, the agency added that saving this food could help feed American families in need, or at least, by identifying which foods are wasted most, they may be able to stave off the unnecessary use of water, land, and labor by producing less of it. 

In response to this goal, the FSIS and FDA received comments encouraging it to update the federal date labeling requirements and create standardized labels, just like California implemented. 

“According to commenters, the use of different phrases to describe dates may cause consumer confusion and lead to the premature disposal of wholesome and safe food because it is past the date printed on the package,” the agencies noted. It added that it’s planning to recommend that food industry members voluntarily apply the “Best if Used By” food date label, which “notes the date after which quality may decline, but the product may still be consumed. The ‘Best if Used By’ label aims to lessen consumer confusion and reduce wasted food.” 

It added that this label is also the one that consumers believe communicates quality. However, you can submit your comments and feedback about the proposal at regulations.gov. 

“Food labels contain a wealth of information for consumers, including a food product’s ‘best if used by’ date,” Emilio Esteban, undersecretary for food safety at USDA, shared in a statement. “Through this request for information, we hope to learn more about how those date labels are determined and whether they confuse consumers and lead to needless food waste.”