For purposes of this division, the following definitions apply:
(a) “Quality date” means a date on a label affixed to the packaging or a container of food that communicates to consumers the date after which the food quality may begin to deteriorate but the food may still be acceptable for consumption.
(b) “Safety date” means a date on a label affixed to the packaging or container of food that communicates to consumers that the food should be consumed or frozen, if appropriate, by the date listed on the package that applies to perishable products with potential safety implications over time.
(c) “‘Sell by’ date” means a date on a label affixed to the packaging or container of food that is intended to communicate primarily to a distributor or retailer for purposes of stock rotation and that is not a quality date or a safety date.
(Added by Stats. 2017, Ch. 787, Sec. 2. (AB 954) Effective January 1, 2018.)
(a) The Department of Food and Agriculture, in consultation with the State Department of Public Health, shall, on or before July 1, 2018, publish information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use the following uniform terms on food product labels to communicate
quality dates and safety dates:
(1) “BEST if Used by” or “BEST if Used or Frozen by” to indicate the quality date of a product.
(2) “USE by” or “USE by
or Freeze by” to indicate the safety date of a product.
(b) The department shall promote the consistent use of the terms specified pursuant to subdivision (a) in the course of its existing interactions with food manufacturers, processors, and
retailers.
(c) In the process of implementing subdivision (a), the department shall encourage food distributors and retailers to develop alternatives to consumer-facing “sell by” dates.
(d) (1) The department may accept nonstate funds from public and private sources to educate consumers about the meaning of the quality dates and safety dates specified in this section.
(2) Funds accepted by the department pursuant to paragraph (1) shall be deposited in the Consumer Education Account, which is hereby
created in the Department of Food and Agriculture Fund.
(3) Notwithstanding Section 13340 of the Government Code, all funds in the Consumer Education Account are hereby continuously appropriated to the department without regard to fiscal years to carry out the purpose provided in paragraph (1).
(Added by Stats. 2017, Ch. 787, Sec. 2. (AB 954) Effective January 1, 2018.)