Agriculture committee backs bill urging 'use‑by' labels to reduce food waste; bill sets 2027 effective date

The Senate Standing Committee on Agriculture voted to refer a bill on food date-labeling to the Senate Consumers Affairs Committee after members debated whether New York should adopt a state standard ahead of a possible national approach.

Sponsor discussion and scope: Committee members considered S.7618, a bill described as establishing food-safety and quality date-labeling guidance. The sponsor and supporters said the bill would provide a clearer, science-based approach for food producers who choose to place a date label on their products: specifically encouraging use of “use by” or “best if used by” language that better distinguishes food safety from product freshness. The sponsor noted the bill is not a mandate that every item must be relabeled; instead, it sets a standard for producers who opt to use a durability or safety date.

Timing and precedent: Supporters pointed to California’s law, which the committee said has an effective date in 2026; S.7618 as discussed in committee would take effect in 2027. Backers said a state standard can reduce consumer confusion that causes edible food to be discarded when consumers conflate “sell by” or “best by” with spoilage.

Scientific validation concerns: Senator Oberacher raised technical questions about how to validate the safety threshold for particular foods, noting different microbiological tests and the possibility of ambiguous lab results such as "TNTC" (too numerous to count) microbial plates. He said the committee should define a consistent, scientifically validated method for determining when a product is unsafe.

Opposition and federal deference: Some members argued the state should defer to a national standard rather than create varied state rules that complicate manufacturing and labeling for producers who ship nationally. One member said they intended to vote no on principle, citing the desirability of a national standard even while acknowledging the aim to reduce food waste.

Outcome: The committee voted to refer S.7618 to the Senate Consumers Affairs Committee. The measure passed committee with one negative vote and one recorded "without recommendation." The committee also discussed adding a public-education component to clarify the meaning of date labels for consumers.

Ending: Supporters said they would continue conversations on the scientific validation method and the education campaign accompanying any labeling standard.