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States Reconsider 'Sell By' Dates on Food Packaging

States are examining current 'sell by' labels on grocery items. New York lawmakers have introduced legislation to standardize these dates, moving away from phrases like 'sell by' or 'best by' to a clear 'use by' date. This initiative aims to reduce food waste and clarify product freshness for consumers.

08/19/2026 · South Dakota edition

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Why it matters locally: Potential standardization of 'sell by' dates could affect food waste and consumer purchasing habits across South Dakota, similar to national trends in food consumption and waste.

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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