If packaged food is past its “use by” date, California law bans its sale to the public. However, stores are allowed to sell food after the “best until, ”best before,” “sell by” or “display until” dates printed on the packaging have passed. These food products may not be at their freshest and best in terms of taste or texture, but consuming them should not present a risk to a consumer’s health or safety.
New food labeling laws in California become fully effective on July 1, 2026, requiring the following of food manufacturers and sellers:
- “Best If Used By”: This label states the date after which the product may not have its best quality, but consumption is still safe.
- “Use By”: After this date, the safety of a product cannot be guaranteed.
Under the new California food labeling laws, “sell by” dates on packaging are banned, because they could cause misunderstanding. Consumers are likely to believe that food that is past its “sell by” date must be thrown away and not eaten, when this is not in fact the case.
So, “sell by” dates may only be used by retailers in coded form for the purposes of stock rotation; they should not be understandable to consumers, so should not include the phrase “sell by.”
The goal of these laws is as follows:
- Reduction of Food Waste: Hopefully, clearer labels will prevent consumers from disposing of food that is completely safe, preventing the waste of as much as 70,000 tons of food annually in California.
- Provide Economic Savings: Reducing food waste can lead to significant cost savings for both consumers and retailers.
- Environmental Impact: If less food is wasted because it is discarded unnecessarily, then methane emissions, which contribute to global climate change, are reduced. Food that has been thrown away goes to landfills where it generates methane. Reducing emissions contributes to environmental conservation efforts.
A lawyer consultation with a California lawyer would be helpful to an individual who needs to understand California’s new food labeling laws.
What Is a Food Safety Lawyer?
There are both California and federal laws and regulations that govern food production, distribution, and consumption. These laws protect the health and safety of consumers, while also making possible the efficient cultivation and use of food in the U.S. and food products from foreign nations.
Food safety lawyers may work for state and federal government agencies to enforce laws and regulations. They would ensure that all of the players involved in the food production industry comply with applicable rules. Other food safety lawyers might represent individuals who have been sickened, injured or otherwise harmed by unsafe food products.
Still other attorneys focus their careers on helping their clients comply with the myriad of state and federal laws and regulations that may apply to their specific role in the food production system.
What Are Some Definitions and Examples of Food Safety Violations?
There are a wide variety of conditions that may constitute food safety violations and make food unsafe and unfit for human consumption. Some examples are as follows:
- Inadequate Training in Food Safety: Many managers and workers do not receive adequate training in food safety measures. This can lead to errors, such as poor hand washing. Because of this, more than a third of food recalls in the past have been linked to staff not following safety rules, such as proper hand washing.
- Storage at Incorrect Temperatures: It is not uncommon for refrigerators to operate at temperatures that are not cold enough to prevent the growth of bacteria in food. Also, food that should be refrigerated may be left without refrigeration for too long, which promotes the rapid growth of harmful bacteria.
- Stations for Handwashing That Are Unsafe: Stores in which food is prepared and restaurants may not have the appropriate setups for hand washing so food preparers cannot wash their hands property. The workers can then spread germs and contaminate food.
- Hazardous Food Left in Unsafe Temperatures: Leaving food in places where the temperature is in the “danger zone“, i.e., between 41°F and 135°F, risks rapid bacterial growth. This puts customers who consume the food at risk of getting sick.
- Rodent or Insect Infestations: Food packaging that shows signs of having been gnawed on are a sign of pest problems that should receive immediate attention. Rodents and insects can contaminate food and create a risk of foodborne disease.
- Foreign Objects in Food: Injury caused by foreign objects in food products often lead to foreign objects in food settlements when the manufacturer or preparer of the food admits to responsibility for the presence of a foreign object. The foreign object may be a bug which could lead to a “bug found in food” lawsuit.
For example, processed delicatessen meats are especially risky. This is because the listeria bacteria can appear in meat processing facilities and on the slicers and other equipment used at deli counters in grocery stores. The meat may be cooked and then kept cold, but it is handled frequently by various workers. This increases the likelihood of bacteria on one piece contaminating other pieces. In addition, the listeria bacteria can thrive even in colder temperatures.
Listeria monocytogenes causes about 1,600 illnesses a year. Listeria infection can cause symptoms such as fever, vomiting, diarrhea, and muscle aches that last a few days to potentially life-threatening damage to the brain and spinal cord.
People with weak immune systems, e.g., young children, people 65 and older, and others, are likely to become extremely sick from a listeria infection. It can, however, be treated with antibiotics.
Is It Illegal To Sell Expired Products?
As noted above, if packaged food is past its “use by” date, California law bans its sale to the public.
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How Can I Prove a Food Safety Violation?
Proving a safety violation would depend greatly on the facts of a particular situation. If a customer buys a product that is past its “use by” date at a grocery store deli and becomes seriously ill from a food-borne pathogen, then proof might be quite straightforward.
If they buy what appears to be fresh deli meat and become violently ill with a bacterial illness, proving that the product was contaminated and made the person ill might be more complicated.
An individual may want to consult a lawyer and the lawyer may have to enlist the aid of an expert in food contamination to establish clear proof that the food product caused the illness.
For example, an expert might have to access records of any safety and health inspections performed by a government agency and what they revealed about conditions in a food processing plant or restaurant in order to prove that a dangerous condition existed in a certain location.
How Do I Report a Food Safety Violation in California?
Local Environmental Health Departments (EHD) in California are responsible for the initial investigation of consumer complaints about foods sold in retail food outlets such as restaurants, food trucks and other outlets in which prepared foods are sold.
The Food and Drug Branch (FDB) of a local Environmental Health Department handles complaints regarding commercially processed foods, drugs, medical devices, cosmetics and certain consumer products affecting Californians.
Complaints can be submitted online, by phone, fax, or mail and should include the following information
- Contact information, including the name, address, and phone number of the person making the complaint
- A brief description of the complaint, including any illness or injury that the complainant has suffered
- The name and location of the establishment where the product was purchased.
- A complete description of the product including:
- The brand name
- The product name
- The size of the product
- Any date noted on the product, such as a “best by” date, “expiration” date, or the like
- Product manufacturer’s name and address.
Can I Sue a Store for Selling Expired Products in California?
A person would have to have suffered a significant injury from consuming a food product in order to have cause to file a lawsuit against a store or sue a restaurant for selling an expired food product in California. A consultation with a food injury lawyer would be helpful for a person to understand whether they have grounds for a lawsuit.
If a person can connect a serious illness, e.g., a salmonella or listeria infection, to the consumption of a food product that was past its “use by” date, then they would be able to sue the manufacturer and distributors of the product for strict product liability in California.
If a person knows of a violation but has not suffered an injury because of it, they would want to report the violation to their local Environmental Health Department.
Do I Need a Lawyer for a Food Safety Violation?
If you have been injured by consuming a food product, you want to talk to a personal injury attorney in California. LegalMatch.com can connect you to a lawyer. Your lawyer can research the facts of your case and tell you if you have grounds for lawsuit against the manufacturer or distributor of a food product and get you the remedy you deserve.
