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States Reconsider 'Sell By' Dates on Food Packaging

August 19, 2026

Why it matters locally: Potential standardization of food date labels could reduce food waste in New Mexico, impacting households and potentially influencing food distribution practices across the state.


State lawmakers are addressing how grocery stores label food products. In New York, for example, legislative efforts are underway to standardize food date labels. The proposed legislation seeks to replace terms like 'sell by' and 'best by' with a single 'use by' date. Emily Broad Leib, director of Harvard Law School's Food Law and Policy Clinic, states that most consumers understand 'sell by' dates as indicators of food safety, rather than quality. She notes this misunderstanding contributes to increased food waste. According to Broad Leib, manufacturers primarily use 'sell by' dates to track product inventory. Consumers often discard food past its 'sell by' date even when it remains safe to eat. This practice leads to an estimated annual waste of 10 million tons of food in the United States, valued at approximately $37 billion. Broad Leib indicates that about 90% of consumers discard food prematurely due to confusion surrounding date labels. She suggests that replacing multiple date phrases with a single, clear 'use by' date would help consumers better understand product freshness and safety. Shelley Manookian, a food waste and hunger specialist, points out that consumers frequently throw away perfectly edible food. She highlights instances where consumers discard items such as yogurt, cheese, or eggs before necessary. Manookian explains that many items remain safe for consumption well past their printed date if properly stored. She advises consumers to use their senses—smell, sight, and touch—to assess food quality. Both experts emphasize that the proposed changes to date labeling could significantly reduce household food waste and save consumers money. Standardizing labels to a clear 'use by' date aims to provide consumers with consistent information about product safety.

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