Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires food labeling and expiration dates in California.

Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires food labeling and expiration dates in California.

Highlights:

• Requires labeling when a product should be used (Sec. 1).

• Specifies applicable products as the following (Sec. 1): 

• Market milk;

• Market cream; or

• Product made or derived from market milk. 

• Exempts milk products that are packaged, processed, and sold directly to consumers (Sec. 1) 

• Exempts bulk shipments (Sec. 1) 

• Establishes the responsibility of the secretary to ensure all products are labeled as previously described, the details of the labeling and placement that can be easily seen and read, and facilitator of requirements (Sec. 1) 

• Specifies the labeling of the product to begin by July 1, 2026, with the use of the following terms (Sec. 2): 

• “Best if Used by” or “Best if Used or Frozen by” to specify quality date;

• “Use by” or “Use by or  Freeze by” to specify safety date; 

• “BB” to specify a quality date if a product is too small for the previous phrase or the product is a beverage; or 

• “UB” to specify the safety date if a product is too small for the previous phrase;

• Prohibits the selling of products not labeled accordingly by July 1st, 2026 in California (Sec. 2).

• Prohibits the selling of products labeled “sell by” unless presented with a coded format (Sec. 2).

• Authorizes acceptance of non-state drugs to educate consumers of the meaning of the new labels (Sec. 2). 

• Requires accepted funds to be placed in a Consumer Education Account (Sec. 2).

• Specifies that new labeling regulations within the bill do not prohibit the selling, donation, or use of products after quality dates have passed. Authorizes corporations to donate products not labeled accordingly (Sec. 2).

• Specifies that new labeling regulations within the bill do not prohibit labeling that allows consumers to view online information about the product (Sec. 2).

• Authorizes the labeling of “packed on” for prepared food as long as it displays new regulations as well (Sec. 2).

•  Specifies that new labeling regulations within the bill do not prohibit wine, distilled spirits, or products derived or made with them from having labels that describe the time it was produced, manufactured, bottled, or packaged (Sec. 2)

• Exempts selfish products with their own shellfish labeling laws that these new regulations may conflict with (Sec. 2). 

• Exempts the following (Sec. 2): 

• Infant formula;

• Eggs or pasteurized in-shell eggs; or 

• Beer and other malt beverages. 

• Establishes conditions for section 2 as the following (Sec. 2): 

• Establishes “Grocery store” as a store that sells canned food, dry goods, fresh fruits and vegetables, fresh meats, and poultry and an area owned by the store to prepare and serve products; or 

• Establishes “Prepared food items” as food that had been prepared or repackaged in the grocery store. 

• Specifies that any part of this section that conflicts with an already existing federal law is not applicable (Sec. 2).

• Requires the use of reduced-oxygen packaging method and Clostridium botulinum to package food to be identified as a microbiological hazard within the package to ensure two barriers are in place (Sec. 3) 

• Requires the use of a reduced-oxygen packaging method and Clostridium botulinum to package food which is identified as a microbiological hazard to ensure two barriers are in place (Sec. 3). 

• Requires the use of reduced-oxygen packaging method and Clostridium botulinum to package food that is identified as a microbiological hazard to have an approved HACCP plan that does the following (Sec. 3): 

• Contain specified information under Sect 114419.1; 

• Identifies prepackaged food; 

• Limits pre-packaged food to food that does not support growth of Clostridium 

• botulinum as it complies with the following:

• Has an AW of 0.9 or less; 

• Has a pH of 4.6 or less; 

• Meat cured at a food processing plant regulated by the United States Department of Agriculture and is received in undamaged packaging; or

• Foods with a high level of competing organisms. 

• Specifies a method for 41 degrees or less Fahrenheit maintenance; 

• Describes labeling, instructions on how to freeze food and when to discard it after 30 days, or consumption if served or sold for off-premise consumption; 

• Explanation of labeling, guidelines for freezing food, and guidance on when to dispose of it after 30 days, or consumed if served or sold for off-premise consumption; 

• Limits refrigerated shelf life of the product to 30 days or less by July 1, 2026, exempts frozen product, or the manufacturer’s “sell by” or “use by” date, whichever is first; 

• Specifies procedures that prohibit bare hand contact with food, specifies designated area and method to minimize cross-contamination between raw and ready-to-go foods and handling of processing equipment to a trained individual, and outlines sanitization and  cleaning for used surfaces; and

• Specifies and describes a training program for individual handling products with reduced-oxygen packaging operation that ensures understanding of operation safety, equipment, and proper conduct, as specified in the previous point. 

• Exempts reduced-oxygen packaging from HACCP plan if they comply with the following (sec. 3): 

• Food is labeled with production time and place; 

• Food is held at 41 degrees Fahrenheit or lower; and 

• Food packaging is removed 48 hours after packaging. 

• Requires food facilities that package food using cook-chill or sous vide process to meet Section 3-502.12 (D) of the Food Code published by the FDA (Sec. 3).

•  Specifies that no reimbursement shall be made to local agencies or school districts by these new changes (Sec. 4).

Full Bill Text