New legislation seeking to standardize food labeling in California is causing confusion. It prohibits the use of “best before”, with the argument of avoiding misunderstandings and food waste, implementing clear labels that inform about the quality and safety of the food.

The debate about expiration dates on food packaging generates different interpretations in homes. While some consider products unsafe after the deadline, others, like Kimberley Kausen, a chef and cooking teacher in Irvine consulted by the Associated Press (AP), use sensory methods to decide.

At Kimberley Kausen's house, the expiration date on a carton of milk means different things to each member of the family. For her daughter, it means the container should go in the trash. For your husband, it means that the milk is still good for a few more days. Kimberly is more demanding and often uses her sense of smell before deciding what to do with the milk, AP reports. “I'll think about it, and if we're talking about meat and poultry, I'll be very cautious and definitely do the smell test and the touch test,” she said.

This change in California has ignited a debate over food labeling nationwide. Similar legislation is being considered in several states and there is a bipartisan bill in Congress that seeks to establish a national standard. Food labeling laws have also been proposed in Illinois, Maryland, Massachusetts, New Jersey and South Carolina, although they have not yet been passed.

Effects on food waste

Experts warn that confusing labels are responsible for a large portion of household food waste. According to them, they serve as a guide for retailers to know how long to display products on shelves, but do not indicate whether they are still safe for consumption.

Manufacturers selling food in California must now use two standardized labels: a “Best if Used By” label to ensure maximum quality; and a “Use By” label to ensure product safety.

Nick Lapis, advocacy director for Californians Against Waste, an organization that co-sponsored the bill, said food labels are the leading cause of household food waste. “Use by date” labels have also been a problem for food banks in California, as people interpret those dates as a sign that the food has expired, he added.

"We don't need to build a huge infrastructure or invest a ton of money to fix this. We just need companies to use the same words across their brands," he said.

This new labeling is trying to solve a problem, but at the same time it has created confusion among consumers.

According to a 2022 report on food waste published by the University of Maryland, more than 50 different date labels existed on packaged foods sold in stores. The information on these labels is largely unregulated and often unrelated to food safety.

“Consumers get confused and assume that the date on the package means ‘don’t eat it and throw it away,’” said Kumar Chandran, policy director at ReFED, a nonprofit organization focused on reducing food waste.