The clock is ticking: New date labeling rules for packaged food

California Assembly Bill 660 (codified in California Food and Agricultural Code sections 82000 and 82001) introduces significant new date labeling requirements for packaged food products. Both of the law’s core changes take effect on July 1, 2026. Companies that manufacture, distribute, or sell packaged food products in California should act now to avoid potential penalties and litigation risk.

 What the law requires

AB 660 makes two key changes to California's food date labeling rules.

1. Mandatory use of standardized “quality date” or “safety date” labels

The law requires all packaged food products to include either a “quality date” or a “safety date” on the label. This requirement applies only to packaged food and does not extend to food prepared for immediate consumption, such as restaurant foods.

The distinction between the two types of dates is critical. A “quality date” is a date on a label that communicates to consumers the date after which the food quality may begin to deteriorate, but the food may still be acceptable for consumption. Quality dates are generally appropriate for shelf-stable products that may experience undesirable changes to freshness and taste over time but do not generally become hazardous to consume. A “safety date,” by contrast, is a date that communicates to consumers that the food should be consumed or frozen by the date listed on the package and applies to perishable products with potential safety implications over time. Safety dates are typically appropriate for products that are not shelf stable, such as frozen prepared foods and other items that could become unsafe to eat after a determinable period of time.

Depending on which type of date is appropriate, the label must use one of the following specific phrases:

• For quality dates: “BEST if Used by” or “BEST if Used or Frozen by”
• For safety dates: “USE by” or “USE by or Freeze by” 

For packages that are too small to include these uniform terms, abbreviated versions may be used: “BB” for the quality date and “UB” for the safety date. 

2. Prohibition on “sell by” dates

AB 660 imposes a blanket prohibition on the use of “sell by” dates on the packaging of all food items. There is a narrow exception for dates that are not intended to be consumer facing and are used for inventory management purposes. Specifically, the law permits the use of dates presented in a coded format that are “not easily readable by consumers” and do not use the phrase “sell by.” This exception appears to allow retailers to continue using coded dates for stock rotation and inventory management.

Penalties and enforcement risks

Violations of the law are classified as misdemeanors punishable by fines of up to $1,000 per violation. In addition, the state may take action against licenses or permits held by any entity found to be in violation. Importantly, the statute applies to all parties who sell or offer products for sale, meaning that retailers could also face penalties if they choose to sell noncompliant products. 

Beyond the statutory penalties, companies should be aware of potential litigation exposure. While there is no express private right of action under the California Food and Agricultural Code, consumers in California could attempt to use violations of AB 660 as a basis for claims under the California Consumers Legal Remedies Act or other statutes. Defending against such claims can result in significant expense, even if the company ultimately prevails. 

What companies should do now

With the July 1, 2026, effective date approaching, companies that manufacture, distribute, or sell packaged food products in California should take the following steps.

First, companies should conduct a thorough assessment of their product portfolios to determine which products require a quality date and which require a safety date. The correct designation depends on the nature of the product and whether it carries potential safety implications over time. This determination is essential to ensuring proper labeling.

Second, companies should review all current product labels for any use of “sell by” dates or date formats that do not conform to the specific language mandated by AB 660. Any noncompliant labeling will need to be changed for all products manufactured on or after July 1, 2026. 

Third, companies who manufacture products should consider the downstream impact on their retail partners. Because the law’s penalties extend to retailers that sell noncompliant products, ensuring labeling compliance protects not only manufacturers but also the retail relationships critical to their distribution channels. 

How we can help 

Our team has been closely monitoring AB 660 and advising clients on its implications. We are available to help companies assess which of their products require quality dates versus safety dates, review existing labeling for compliance, and develop a plan to meet the July 1, 2026, deadline. If you have questions about how this law affects your products or would like to discuss your compliance strategy, please do not hesitate to reach out.

Client Alert 2026-104