This bill establishes standards for food date labeling in New Jersey and mandates the Commissioner of Health to create a public education program regarding food safety. It defines two types of date labels: a "quality date," which indicates when food quality may begin to deteriorate but is still safe for consumption, and an "elevated-risk date," which signifies a high level of risk associated with consuming time/temperature control for safety food after a specified date. The bill requires that quality dates be labeled with the phrase "BEST if Used By" and elevated-risk dates with "USE By." Retail food facilities are not liable for manufacturers' labeling failures and can sell or donate food past its quality date, but cannot do so after the elevated-risk date.

Additionally, the bill amends existing regulations for fluid milk products, replacing the previous "sell by" or "not to be sold after" labels with the new quality date labeling requirements. It allows the Department of Health to designate additional foods as time/temperature control for safety foods and to exempt certain foods from this designation, with updates posted on the department's website. The public education program will aim to clarify the meanings of date labels and instruct consumers on proper food handling and safety. The act is set to take effect on July 1, 2019, unless a federal food labeling standard that preempts it is adopted.

Statutes affected:
Introduced: 24:10-57.23