New York is poised to impose a uniform date-labeling regime for food products sold in the state. Assembly Bill A7291B, together with its Senate companion S7618B, completed passage in both houses of the New York State Legislature on June 2, 2026 and now awaits delivery to the governor for her approval or veto. If enacted, the bill would amend the New York Agriculture and Markets Law to require the use of standardized language to communicate food "safety" ("USE by") and "quality" ("BEST if Used by") dates.
What the bill requires
The bill does not appear to require every food product to bear a date label. Rather, it applies when a food manufacturer, processor, or retailer chooses, or is otherwise required by law, to display a date label communicating a safety or quality date on a food product.
When such a date label is used, the bill would require one of two sets of uniform terms:
Safety date: "USE by" or "USE by or Freeze by"
Quality date: "BEST if Used by" or "BEST if Used or Frozen by"
For small packages, the bill permits "UB" for a safety date and "BB" for a quality date.
This would require companies to move away from the wide range of date-label phrases currently used in the marketplace and decide whether a given date is intended to communicate safety or quality.
"Sell by" would be phased out
For food products manufactured on or after July 1, 2028, the bill would prohibit the sale or offer for sale in New York if the product bears a nonconforming date label. It would also prohibit consumer-facing labels using the phrase "sell by."
The bill does not prohibit inventory-management coding, provided the information is in a coded format that is not easily readable by consumers and does not use the phrase "sell by."
Shelf-life substantiation matters
The bill also addresses how dates are set. A person or entity responsible for placing a safety or quality date on a food product would be required to estimate shelf life using a scientifically valid method acceptable by the Department of Agriculture and Markets, in consultation with the Department of Health.
The analysis must consider factors such as product characteristics, formulation, processing, packaging, transportation, storage, and display conditions, as well as retail-store and consumer conditions. For refrigerated foods, home storage may be calculated using a temperature standard at or below 40°F.
For companies, this means the bill is not just an artwork-change exercise. Businesses should be prepared to support the date selected, document the methodology used, and do so in compliance with the methods accepted by the Department of Agriculture and Markets.
Who is affected
If enacted, the bill would reach multiple levels of the food supply chain:
Finished food brands selling into New York would need to review date-label language across SKUs and determine whether each date communicates safety or quality.
Manufacturers, processors, and co-manufacturers that place date labels on products would need to assess both label terminology and the underlying shelf-life support.
Retailers may have direct obligations where they label products, including private-label, deli, bakery, prepared-food, or store-packed items. Retailers may also need to manage sell-through and supplier compliance for products manufactured on or after July 1, 2028. The bill further directs the New York Department of Agriculture and Markets to promulgate regulations requiring wholesalers, retailers, grocery stores, and corner stores to post educational signage regarding the meaning of safety and quality dates.
Food donation and recovery organizations are also expressly contemplated. The bill states that it should not prohibit or discourage the sale, donation, or use of consumable food after a quality date has passed and allows donation of food that is past the quality date or not labeled in accordance with the new section.
If approved by the governor, all affected entities should monitor rulemaking activities from the New York Department of Agriculture and Markets regarding the scientific methods deemed acceptable to support shelf-life determinations and the signage that retailers will be required to post about the meaning of safety and quality dates.
Key exclusions and limits
The bill would not apply to infant formula or alcoholic beverages. It also includes specific provisions for certain wine and distilled-spirit date statements, shellfish-labeling conflicts, online product information, and circumstances where a food product was not otherwise required to bear a date label.
The bill also states that it should not be interpreted or applied to create a conflict with federal law or regulations pertaining to a specific industry, food, or food product. Companies should conduct product-by-product evaluations to determine whether a potential conflict with federal law or regulations exists, rather than assume a broad federal law exemption.
What to do now
The bill has yet to become law, but if it is enacted, then food companies should begin their compliance efforts by mapping all date-label language used on products sold in New York, including national labels, private-label products, retailer-applied labels, and co-manufactured products. Companies should then determine whether each date is intended to communicate food safety or quality, review shelf-life substantiation, and clarify responsibility among brand owners, co-manufacturers, processors, retailers, and suppliers. Retailers should also be prepared to post the required consumer education signage once the related regulations have been promulgated. The exact compliance timeline will depend on enactment and subsequent rulemaking.
Venable's Food and Drug Law team is monitoring this legislation and related state and federal date-labeling developments. The team can assist with legal analysis of product labeling, negotiation of contractual responsibilities related to compliance, and other implementation issues if the bill is enacted. Please contact a member of the team with any questions.