(a) On and after July 1, 2026, a food manufacturer, processor, or retailer responsible for the labeling of food items for human consumption that chooses, or is otherwise required by law, to display a date label to communicate a quality or safety date on a food item manufactured on or after July 1, 2026, shall use one of the following uniform terms on the date label: (1) âBEST if Used byâ or âBEST if Used or Frozen byâ to indicate the quality date of the food item. (2) âUSE byâ or âUSE by or Freeze byâ to indicate the safety date of the food item. (3) âBBâ to indicate the quality date of the food item if the food item is too small to include the uniform term described in paragraph (1) or if the food item is a beverage as defined in Section 14504 of the Public Resources Code. (4) âUBâ to indicate the safety date of the food item if the food item is too small to include the uniform term described in paragraph (2). (b) (1) A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that displays a quality or safety date label that is not labeled in accordance with subdivision (a). (2) A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that is labeled with the phrase âsell by.â This paragraph does not prohibit the use of âsell byâ dates that are presented in a coded format that are not easily readable by consumers and that do not use the phrase âsell by.â (c) (1) The department may accept nonstate funds from public and private sources to, on its internet website, educate consumers about the meaning of the quality dates and safety dates specified in this section. (2) Funds accepted by the department pursuant to paragraph (1) shall be deposited into the Consumer Education Account, which is hereby created in the Department of Food and Agriculture Fund. (3) Notwithstanding Section 13340 of the Government Code, all funds in the Consumer Education Account are hereby continuously appropriated to the department without regard to fiscal years to carry out the purpose provided in paragraph (1). (d) (1) This section does not prohibit, and shall not be construed to discourage, the sale, donation, or use of food after the foodâs quality date pursuant to paragraph (1) of subdivision (a) has passed. A retail food facility may donate a food item for human consumption that is not labeled in accordance with this section. (2) Unless otherwise required by law, this section shall not be construed to require the use or display of a date label on a food item for human consumption unless the food item displays a date label. (3) This section does not prohibit the use or display of a label that allows consumers to view online information about a food item for human consumption. (4) Notwithstanding subdivisions (a) and (b), on and after July 1, 2026, a grocery store may display a label with the phrase âpacked onâ on a prepared food item and may sell or offer for sale in the state the prepared food item with that label if the prepared food item also displays a quality or safety date label in accordance with subdivision (a). (5) This section does not prohibit a person from displaying on wine, a distilled spirit, or a wine- or distilled spirit-based product bottled or packaged on or after July 1, 2026, a label with a statement that communicates the date on which the wine, distilled spirit, or wine- or distilled spirit-based product was produced, manufactured, bottled, or packaged, or from selling or offering for sale in the state the wine, distilled spirit, or wine- or distilled spirit-based product with that label. The statement may use date formats, including, but not limited to, dates in a time, day, month, and year format and Julian dates. (6) To the extent that any other law or a National Shellfish Sanitation Program provision governing the labeling of shellfish authorizes
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