NYS bill would take 'sell-by' dates off groceries

ALBANY — New Yorkers would no longer see a "sell-by" date on food products they buy at the store under a bill passed by the legislature that aims to streamline food labeling and reduce food waste.

The legislation, which the Assembly passed on Tuesday, would allow "best if used by" and "use-by" dates to remain. It also would require food producers and manufacturers to use scientifically valid methods to estimate those best-by and use-by dates.

"This bill would standardize food safety and quality date labeling on food products for human consumption," Assemb. Karines Reyes (D-Bronx), the bill’s sponsor said on the Assembly floor. "Currently labels can be confusing, so we’re trying to make it easier for consumers to determine what those labels mean."

The bill would help New Yorkers waste less, Sen. Michelle Hinchey (D-Saugerties), the bill’s Senate sponsor said in a released statement. "Confusing date labels lead people to throw away perfectly good food without even realizing it, wasting thousands of dollars per year and increasing emissions."

About 40% of food waste ends up in landfills, contributing to about 58% of unintentional methane emissions, according to the bill memo. And food waste as a result of date labeling contributes to 7% of all consumer waste, the bill said.

The measure received overwhelming support in both chambers. It was passed by the State Senate in May and will head to Gov. Kathy Hochul. The governor's office said she will review the legislation.

The U.S. Department of Agriculture currently provides guidance surrounding food regulation, but it’s not enforceable, according to the bill memo.

The proposed legislation would ban the use of the term "sell by" starting July 1, 2028.

It also sets out definitions in law, so "use by," or "UB," would indicate the safety date of the product. And "best if used," "best if used or frozen by" or "BB" would refer to the quality date of the product.

The state departments of Health and Agriculture and Markets would decide which scientifically valid methods food producers and manufacturers can use to determine the best-by and sell-by dates.

The Food Industry Alliance of New York, a trade association representing the grocery industry, supports the effort to make clear, consistent labels, but expressed concerns with the state regulations, Alliance President and CEO Michael Durant told Newsday in an email.

"It authorizes the State Department of Health to promulgate regulations governing product shelf life for each and every product sold in New York," he said. "This will likely lead to dramatic inconsistencies from state to state and the food supply chain is already incredibly complex and not based solely within New York."

Reyes on the Assembly floor Tuesday touted the bill's ability to prevent food from being thrown out prematurely and to increase the amount of food available to food banks. If a product is past its sell-by date, that doesn’t mean it’s actually spoiled, she said.

Environmental advocates and food banks applauded the measure’s passage.

"In an ideal world, there would be no food waste of any kind," Randi Shubin Dresner, president and CEO of Island Harvest Food Bank in Melville, said in a news release. "This measure moves New York in the right direction by providing consumers with clearer guidance and the information they need to make smart choices about which foods can be consumed, donated, or discarded."