S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7618
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law,  in  relation  to  food
   safety and quality date labelling requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 214-p to read as follows:
   §  214-P.  FOOD SAFETY AND QUALITY DATE LABELLING REQUIREMENTS. 1. (A)
 BEGINNING ON AND AFTER JULY FIRST, TWO  THOUSAND  TWENTY-SEVEN,  A  FOOD
 MANUFACTURER,  PROCESSOR,  OR  RETAILER ENGAGING IN 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 SHALL USE THE FOLLOWING UNIFORM TERMS ON SUCH DATE LABEL:
   (I) "USE BY" OR "USE BY OR FREEZE BY" TO INDICATE THE SAFETY  DATE  OF
 THE FOOD ITEM;
   (II)  "BEST IF USED BY" OR "BEST IF USED OR FROZEN BY" TO INDICATE THE
 QUALITY DATE OF THE FOOD ITEM;
   (III) "UB" TO INDICATE THE SAFETY DATE OF THE FOOD ITEM IF  SUCH  FOOD
 ITEM  IS  TOO  SMALL TO INCLUDE A UNIFORM TERM UNDER SUBPARAGRAPH (I) OF
 THIS PARAGRAPH; OR
   (IV) "BB" TO INDICATE THE QUALITY DATE OF THE FOOD ITEM IF  SUCH  FOOD
 ITEM IS TOO SMALL TO INCLUDE THE UNIFORM TERM UNDER SUBPARAGRAPH (II) OF
 THIS PARAGRAPH.
   (B)  NO  PERSON  OR  OTHER  ENTITY SHALL SELL OR OFFER FOR SALE IN THE
 STATE ANY FOOD ITEM FOR HUMAN CONSUMPTION MANUFACTURED ON OR AFTER  JULY
 FIRST,  TWO  THOUSAND TWENTY-SEVEN, THAT DISPLAYS A FOOD DATE LABEL THAT
 IS NOT LABELED IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) NO PERSON OR OTHER ENTITY SHALL SELL OR  OFFER  FOR  SALE  IN  THE
 STATE  A  FOOD  ITEM FOR HUMAN CONSUMPTION MANUFACTURED ON OR AFTER JULY
 FIRST, TWO THOUSAND TWENTY-SEVEN, THAT IS LABELED WITH THE PHRASE  "SELL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11136-01-5
              

 S. 7618                             2
 
 BY".  THIS  PARAGRAPH SHALL NOT PROHIBIT THE USE OF "SELL BY" DATES THAT
 ARE PRESENTED IN A CODED FORMAT, THAT ARE NOT EASILY READABLE BY CONSUM-
 ERS, AND THAT DO NOT USE THE PHRASE "SELL BY".
   2. (A) A PERSON OR OTHER ENTITY THAT IS RESPONSIBLE FOR PLACING A FOOD
 SAFETY  OR  QUALITY DATE ON A FOOD PRODUCT SHALL ESTIMATE THE SHELF LIFE
 OF SUCH FOOD PRODUCT, USING A  SCIENTIFICALLY  VALID  METHOD  AS  DEEMED
 ACCEPTABLE  BY  THE  DEPARTMENT  IN  CONSULTATION WITH THE DEPARTMENT OF
 HEALTH, TAKING INTO CONSIDERATION THE QUALITY,  CHARACTERISTICS,  FORMU-
 LATION,  PROCESSING  IMPACT, PACKAGING OR CONTAINER AND OTHER PROTECTIVE
 WRAPPING OR COATING, AND TYPICAL TRANSPORTATION,  STORAGE,  AND  DISPLAY
 CONDITIONS OF SUCH FOOD PRODUCT.
   (B)  CONSIDERATIONS UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL ALSO
 INCLUDE THOSE OF THE RETAIL STORE AND CONSUMER. FOR PURPOSES OF ESTIMAT-
 ING SHELF LIFE, HOME STORAGE CONDITIONS SHALL BE CONSIDERED  SIMILAR  TO
 THE  USUAL RETAIL STORE, EXCEPT THAT REFRIGERATED FOOD MAY BE CALCULATED
 USING A HOME TEMPERATURE STORAGE STANDARD OF FORTY-FIVE DEGREES  FAHREN-
 HEIT.  SUCH  FACTORS SHALL BE MEASURED OR OTHERWISE DETERMINED UTILIZING
 TESTING AND SAMPLING PROCEDURES CUSTOMARILY UTILIZED BY THE FOOD  INDUS-
 TRY FOR SUCH PURPOSES.
   3.  (A)  THE  DEPARTMENT SHALL UPDATE ITS WEBSITE TO EDUCATE CONSUMERS
 ABOUT THE MEANING OF SAFETY DATES AND QUALITY DATES UNDER THIS SECTION.
   (B) THE DEPARTMENT SHALL CONDUCT SPECIFIC OUTREACH ACTIVITIES:
   (I) TARGETING, BUT NOT LIMITED TO, THE FOLLOWING:
   (1) WHOLESALERS, RETAILERS, GROCERY STORES, AND CORNER STORES;
   (2) FOOD DONATION GROUPS SUCH AS FOOD BANKS AND FOOD  RECOVERY  ORGAN-
 IZATIONS; AND
   (3) THE GENERAL POPULATION;
   (II) REGARDING:
   (1) THE MEANING OF SAFETY DATES AND QUALITY DATES UNDER THIS SECTION;
   (2)  THE  ACCEPTANCE  OF  FOOD  WITH  LABELS  NOT  COMPLYING WITH THIS
 SECTION; AND
   (3) THE ACCEPTANCE OF FOOD WITH DATE LABELS PAST THE QUALITY DATE.
   (C) THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  REQUIRING
 ALL  WHOLESALERS,  RETAILERS,  GROCERY  STORES,  AND  CORNER  STORES  TO
 CONSPICUOUSLY POST SIGNAGE INFORMING CUSTOMERS AND EMPLOYEES  ABOUT  THE
 MEANING OF SAFETY DATES AND QUALITY DATES UNDER THIS SECTION.
   4. (A) THIS SECTION SHALL NOT APPLY TO INFANT FORMULA OR ANY ALCOHOLIC
 BEVERAGE,  AS DEFINED BY SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL
 LAW.
   (B) THIS SECTION SHALL NOT PROHIBIT A STORE FROM DISPLAYING ON WINE, A
 DISTILLED SPIRIT, OR A WINE- OR DISTILLED SPIRIT-BASED  PRODUCT  BOTTLED
 OR  PACKAGED  ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SEVEN, A LABEL
 WITH A  STATEMENT  THAT  COMMUNICATES  THE  DATE  ON  WHICH  SUCH  WINE,
 DISTILLED  SPIRIT,  OR  WINE-  OR  DISTILLED  SPIRIT-BASED  PRODUCT  WAS
 PRODUCED, MANUFACTURED, BOTTLED, OR PACKAGED, OR FROM SELLING OR  OFFER-
 ING  FOR  SALE  IN  THE  STATE  SUCH WINE, DISTILLED SPIRIT, OR WINE- OR
 DISTILLED SPIRIT-BASED PRODUCT WITH SUCH LABEL. SUCH STATEMENT  MAY  USE
 DATE  FORMATS,  INCLUDING,  BUT  NOT  LIMITED  TO, DATES IN A TIME, DAY,
 MONTH, AND YEAR FORMAT AND JULIAN DATES.
   (C) TO THE EXTENT THAT ANY OTHER LAW OR A NATIONAL  SHELLFISH  SANITA-
 TION PROGRAM PROVISION GOVERNING THE LABELING OF SHELLFISH AUTHORIZES OR
 REQUIRES  THE USE OF TERMS THAT CONFLICT, OR ARE INCONSISTENT, WITH THIS
 SECTION, THIS SECTION SHALL NOT APPLY.
   (D) THIS SECTION SHALL NOT PROHIBIT, AND SHALL  NOT  BE  CONSTRUED  TO
 DISCOURAGE,  THE SALE, DONATION TO, OR USE OF CONSUMABLE FOOD AFTER SUCH
 FOOD'S QUALITY DATE PURSUANT TO SUBPARAGRAPH (II) OF  PARAGRAPH  (A)  OF
 S. 7618                             3
 
 SUBDIVISION  ONE OF THIS SECTION HAS PASSED. A WHOLESALER OR RETAIL FOOD
 FACILITY MAY DONATE A FOOD  ITEM  FOR  HUMAN  CONSUMPTION  THAT  IS  NOT
 LABELED IN ACCORDANCE WITH THIS SECTION OR IS PAST THE QUALITY DATE.
   (E) THIS SECTION SHALL NOT PROHIBIT THE USE OR DISPLAY OF A LABEL THAT
 ALLOWS  CONSUMERS TO VIEW ONLINE INFORMATION ABOUT A FOOD ITEM FOR HUMAN
 CONSUMPTION.
   (F) 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.
   5. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
 SHALL  PROMULGATE  ANY RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.