Public Health - Food Labeling - Requirements
HB0410 standardizes date labeling for most packaged foods and Grade A milk products sold in Maryland. Beginning July 1, 2027, covered food manufacturers, processors, retailers, milk plants, and milk processors that use date labels must use only the terms “best if used by” or “best if used or frozen by” for quality dates, and “use by” or “use by or freeze by” for safety dates. The bill also defines “quality date,” “safety date,” and “sell by date,” and excludes infant formula, beer and other malt beverages, and dietary supplements from its requirements.
The bill prohibits the sale of newly manufactured food items and Grade A milk products labeled “sell by” or otherwise labeled inconsistently with the new terminology. It allows retailers to continue selling certain older inventory purchased on or before June 30, 2028, and permits donation of food that is not labeled in accordance with the section. The bill also preserves the use of coded date labels that are not easily readable by consumers, and it does not require date labels on foods that do not already display one. For milk products, the Secretary of Health must adopt regulations to implement and enforce the new labeling rules, including how and where the date label must appear.
HB0410 amends the Health-General Article to create a new statewide labeling framework for food and Grade A milk products. It adds Section 21-329.1 for general food items and revises Section 21-424 for milk products, replacing inconsistent date-label terminology with standardized consumer-facing phrases and restricting the use of “sell by” on products manufactured after the effective date. The bill also directs the Maryland Department of Health, working with the University of Maryland Extension and food donation organizations, to develop consumer education materials and a marketing program explaining the meaning of quality and safety dates, and to post those materials on the Department’s website. The Secretary of Health must also adopt regulations to carry out the milk-product provisions.
The bill appears to have been received favorably in the House, where the committee report was favorable with amendments and the House adopted the bill. The available record shows no recorded votes or committee transcript opposition, suggesting broad support for the goal of reducing consumer confusion about food date labels and improving consistency across products. The amendment history also indicates the bill was refined rather than rejected, which is consistent with a generally positive reception.
The main policy issue is the shift away from the familiar but often misunderstood “sell by” label toward standardized “best if used by” and “use by” terminology. Supporters likely view this as a consumer-protection and food-waste-reduction measure, while potential concerns could include compliance costs for manufacturers, processors, retailers, and dairy producers, as well as the need to manage existing inventory during the transition period. The bill also leaves some room for debate over whether the standardized labels are sufficiently clear for consumers and how enforcement and regulation will be implemented by the Department of Health.