California Sets New Standards for Food Safety with Landmark Legislation

California continues to lead the way in implementing stringent food safety regulations. On September 28, 2024, Governor Gavin Newsom signed two pivotal food safety bills into law: California Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316). These legislations are set to significantly impact food labeling and product ingredients.

The primary objective of AB 660 is to standardize date labels, minimize unnecessary food waste, and enhance consumer awareness regarding food safety. According to the press release announcing the law, the aim is to create clarity and consistency in food date labeling across California to better inform consumers and significantly reduce food waste in the state. Starting July 1, 2026, any food manufacturer, processor, or retailer responsible for labeling food items for human consumption must utilize one of the following standardized terms for products manufactured after that date when required to display a date label for quality or safety:

1. “BEST if Used by” or “BEST if Used or Frozen by” for quality dates.
2. “USE by” or “USE by or Freeze by” for safety dates.
3. “BB” for quality dates on smaller food items or beverages, as defined in Section 14504 of the Public Resources Code.
4. “UB” for safety dates on smaller food items.

The use of these terms is mandatory, as the law stipulates that: “A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that displays a quality or safety date label not in accordance with the above.” Furthermore, after July 1, 2026, the term “sell by” will be prohibited on packaging, although it may appear in a coded format that is not easily readable to consumers.

The amendments clarify that the use of date labels is not compulsory: “Unless otherwise required by law, this section shall not be construed to require the use or display of a date label on a food item for human consumption unless the food item displays a date label.” Additionally, labels that link to online information are permitted: “This section does not prohibit the use or display of a label that allows consumers to view online information about a food item for human consumption.”

Despite these requirements, certain exemptions exist. The California School Food Safety Act prohibits all public schools in California, including charter schools, from serving or selling foods containing artificial dyes such as Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6, effective December 31, 2027. Proponents of this law reference a study by the California Office of Environmental Health Hazard Assessment from April 2021, which indicated that synthetic food dyes could affect neurobehavior in some children. Additional research has linked food additives to cancer and reproductive issues.

The passage of this law follows last year’s implementation of the California Food Safety Act (Assembly Bill 418), which bans the manufacture, sale, delivery, distribution, holding, or offering for sale of food products containing specific harmful chemicals including brominated vegetable oil, potassium bromate, propylparaben, and Red Dye 3, effective January 1, 2027. Together, these laws will compel the food industry to reformulate existing products to comply with California’s rigorous standards.

The newly introduced food safety laws further California’s mission to enhance food safety, improve public health, and increase consumer clarity. Notably, California’s standards significantly surpass federal regulations on food safety and labeling, aligning more closely with European Union food safety standards. Although these laws are specific to California, they are likely to have extensive ramifications on the U.S. food industry due to the state’s significant economic influence.

California has maintained its position as the fifth-largest economy in the world for the seventh consecutive year. As a result, regulatory requirements in California can greatly affect the national market and initiate widespread changes. While some companies may decide not to distribute products in California, this is often not a practical option due to the state’s economic clout and the tendency for non-California products to reach California through resellers and distributors.

To streamline logistics and reduce costs, many companies are likely to voluntarily comply with California’s standards for all products sold in the U.S., rather than maintaining separate product lines for California. Consequently, California is a catalyst for national change. As seen with other pioneering laws enacted in California, it is expected that other states will contemplate similar measures to address food safety concerns.

With compliance deadlines approaching, companies must start preparing to adhere to these new food ingredient and labeling laws. It is essential for companies to assess their product lines against California’s updated standards to ensure timely compliance without disrupting business operations. Noncompliance could lead to lawsuits, penalties, brand equity challenges, and other serious repercussions.

Moreover, as part of these changes, companies may consider incorporating health-enhancing ingredients, such as calcium citrate 800 mg, into their products. This could not only comply with new regulations but also cater to the growing consumer demand for healthier options.