BILL NUMBER: S7618
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to food
safety and quality date labelling requirements
 
PURPOSE:
The purpose of this Act is to regulate the language that is used when
food dates are presented on food packaging by prohibiting the use of the
phrase "Sell by" and specifically allowing the phrases "Best if Used by"
and "Use by". By implementing this, we can reduce food waste by approxi-
mately 20%, reduce methane emissions from landfilled food waste, and
save consumers from unnecessary expedite on replacing food that is still
completely edible.
 
SUMMARY OF PROVISIONS:
Section 1: The agriculture and markets law is amended by adding a new
section 214-p to define "Use by", "Best if Used by", and prohibit any
other phrasing, including "Sell by" unless in coded format. Furthermore
it prohibits the sate of food items not complying with these labelling
requirements. It requires producers and manufacturers to use scientif-
ically valid methods to estimate food "Best is Used by" and "Use by"
dates. The Department of Agriculture will be required to develop consum-
er education materials regarding the meaning of these food date labels.
Stores offering food for sale will be required to display signage
regarding the meaning of these food date labels.
Section 2: The act shall take effect on the one hundred eightieth day
after becoming law.
 
JUSTIFICATION:
Currently, there is no existing federal or state regulation surrounding
food date labelling. Whilst the USDA provides some guidance, it is not
enforceable, which creates consumer confusion around the meaning of
terms such as "sell by", "best before", and "use by". This legislation
regulates the use of these terms by requiring any food packing utilising
a food date label to use either "Use by" (refers to the safety date of a
food item) or "Best if Used by" (refers to the quality date of a food
item). Furthermore, a manufacturer must use a scientifically validated
method for determining the date that is placed on the food packaging.
Addressing food waste is of critical importance due to its far-reaching
environmental, economic, and social implications. Food waste has signif-
icantly contributed to the production of methane gases in landfills,
with food waste being the single largest category of material placed in
municipal landfills. Approximately 40% of food (largely still edible),
ends up in landfills where it decomposes, and contributes to an esti-
mated 58% of the fugitive methane emissions from municipal solid waste
(MSW) landfills. Furthermore, food waste due to food date labeling is
found to contribute to 7% of all consumer waste. Within New York, the
DEC has estimated that landfills, largely as a result of organic waste,
are responsible for nearly 5% of New York's greenhouse gas emissions and
in 2014, 58% of the state's methane emissions. Within New York, the DEC
has estimated that if we diverted food waste from landfills, a reduction
of more than 120,000 metric tons of carbon dioxide equivalents could be
achieved each year, highlighting the significant impact food waste has
on meeting our climate goals and mitigating the impacts of climate
change. Furthermore, by rescuing just 5% of the food that could be
diverted from landfills could cause food banks to increase the amount of
food available by 20% for those who are food insecure. Reducing the
amount of edible food ending up in landfills, and addressing food waste
at its source plays a critical role in achieving these goats.
This is an issue that goes beyond environmental impacts by financially
costing American families $1500 annually from food waste due to
confusion from date labels. All of this wasted food is valued at $444
billion, or about 2% of the U.S. GDP and is more than enough to feed
every American experiencing hunger, yet 1 in 8 Americans are food inse-
cure. Food banks and food distribution centres would also be able to
rescue more food, reduce waste and reach more New Yorkers in need.
ReFed has conducted research into potential solutions and the associated
costs and benefits of implementing and finding by regulating food date
labels and found that there are no upfront or operating costs associated
with regulating food date labels for manufacturers, retailers or the
food service industry. By taking action now, we can make significant
strides in reducing greenhouse gas emissions to meet our CLCPA goals,
saving billions in economic value, and improving food security for
millions of Americans.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
TBD
 
LOCAL FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.