EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0008*
HOUSE BILL 8
J1 5lr1215
(PRE–FILED)
By: Delegate Harrison
Requested: October 15, 2024
Introduced and read first time: January 8, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Food and Milk Product Labeling – Requirements 2
FOR the purpose of requiring, beginning on a certain date, certain food manufacturers, 3
processors, and retailers to use certain terms regarding the quality or safety date on 4
labels of food items manufactured for human consumption; prohibiting, beginning on 5
a certain date, a person from selling, or offering for sale, food items manufactured 6
for human consumption that are labeled with a “sell by date” or that do not meet the 7
labeling requirements of certain provisions of this Act; requiring the Maryland 8
Department of Health to create a marketing program and educational materials for 9
food labels on or before a certain date and to post the information on the 10
Department’s website; requiring that certain milk products be labeled with a certain 11
quality assurance date; and generally relating to food and milk product labeling 12
requirements. 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 21–101(a), (i), (k), (l), and (n) and 21–401(a), (j)(1), (k), (l)(2), (o), and (p) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Health – General 20
Section 21–328.1 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2024 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Health – General 25
Section 21–424 26
Annotated Code of Maryland 27 2 HOUSE BILL 8
(2023 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Health – General 4
21–101. 5
(a) In this title the following words have the meanings indicated. 6
(i) “Food” means: 7
(1) Any substance that is used as food or drink for human beings or as a 8
component of food or drink for human beings; or 9
(2) Chewing gum or any substance that is used as a component of chewing 10
gum. 11
(k) “Label” means a display of written, printed, or graphic matter on the 12
container, other than the package liner, of a substance. 13
(l) “Labeling” means any label or other written or graphic material that: 14
(1) Is on a substance or its container or its wrapping; or 15
(2) Accompanies a substance. 16
(n) (1) “Package” means any container or wrapping of a consumer commodity 17
that is used for delivery or display to retail consumers. 18
(2) “Package” does not include any container or wrapping that is used only 19
for: 20
(i) Transportation of a consumer commodity in bulk or quantity to 21
a manufacturer, packer, processor, or wholesale or retail distributor; or 22
(ii) Shipment or delivery of a consumer commodity to a retail 23
customer, if the container or wrapping bears no printed material that relates to a particular 24
consumer commodity. 25
21–328.1. 26
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
HOUSE BILL 8 3
(2) “QUALITY DATE” MEANS THE DATE ON A LABEL AFFIXED TO THE 1
PACKAGING OR CONTAIN ER OF FOOD AFTER WHI CH FOOD QUALITY MAY BEGIN TO 2
DETERIORATE BUT THE FOOD MAY STILL BE AC CEPTABLE FOR HUMAN 3
CONSUMPTION . 4
(3) “SAFETY DATE” MEANS A DATE ON A LA BEL AFFIXED TO THE 5
PACKAGING OR CONTAIN ER OF PERISHABLE FOO D THAT COMMUNICATES THAT THE 6
FOOD SHOULD BE CONSU MED OR FROZEN BY THE DATE LISTED. 7
(4) “SELL BY DATE” MEANS A DATE ON A LA BEL AFFIXED TO THE 8
PACKAGING OR CONTA INER OF FOOD THAT IS NOT A QUALITY DAT E OR A SAFETY 9
DATE AND INDICATES S TOCK ROTATION PRIMAR ILY TO A DISTRIBUTOR OR 10
RETAILER. 11
(B) THIS SECTION DOES NOT APPLY TO: 12
(1) INFANT FORMULA ; 13
(2) EGGS OR PASTEURIZED I N–SHELL EGGS; OR 14
(3) BEER AND OTHER MA LT BEVERAGES . 15
(C) BEGINNING JULY 1, 2026, A FOOD MANUFACTURER , PROCESSOR, OR 16
RETAILER RESPONSIBLE FOR THE LABELING OF FOOD ITE MS FOR HUMAN 17
CONSUMPTION THAT OPTS OR IS REQU IRED BY LAW TO INCLU DE A DATE LABEL TO 18
COMMUNICATE A QUALIT Y OR SAFETY DATE ON A FOOD ITEM MANUFACTURED ON 19
OR AFTER JULY 1, 2026, SHALL USE ONE OF THE FOLLOWING TER MS, AS 20
APPROPRIATE : 21
(1) (I) “BEST IF USED BY” OR “BEST IF USED OR FROZEN BY” TO 22
INDICATE THE QUALITY DATE OF THE FOOD ITE M; OR 23
(II) IF THE FOOD ITEM IS TOO SMALL TO INCLUDE THE LABEL 24
REQUIRED UNDER ITEM (I) OF THIS ITEM, “BB”; OR 25
(2) (I) “USE BY” OR “USE BY OR FREEZE BY” TO INDICATE THE 26
SAFETY DATE OF THE FOOD ITEM; OR 27
(II) IF THE FOOD ITEM IS TOO SMALL TO INCLUDE THE LABEL 28
REQUIRED UNDER ITEM (I) OF THIS ITEM, “UB”. 29
(D) BEGINNING JULY 1, 2026, A PERSON MAY NOT : 30
4 HOUSE BILL 8
(1) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACTURED FOR 1
HUMAN CONSUMPTION ON OR AFTER JULY 1, 2026, THAT IS LABELED WITH THE 2
PHRASE “SELL BY”; OR 3
(2) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACTURED FOR 4
HUMAN CONSUMPTION ON OR AFTER JULY 1, 2026, THAT IS NOT LABELED IN 5
ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION. 6
(E) BEGINNING JULY 1, 2026, A FOOD RETAILER MAY : 7
(1) DONATE A FOOD ITEM MANUFACTURED FOR HUM AN 8
CONSUMPTION THAT IS NOT LABELED IN ACCORDANCE WITH T HIS SECTION; AND 9
(2) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACTURED FOR 10
HUMAN CONSUMPTION LABELED WITH THE PHRASE “PACKED ON” IF THE FOOD 11
ITEM ALSO DISPLAYS A QUAL ITY OR SAFETY DATE I N ACCORDANCE WITH 12
SUBSECTION (C) OF THIS SECTION. 13
(F) THIS SECTION DOES NOT PROHIBIT : 14
(1) THE SALE, DONATION, OR USE OF A FOOD ITEM MANUFACTURED 15
FOR HUMAN CONSUMPTIO N AFTER THE QUALITY DA TE; 16
(2) THE USE OF A LABEL THAT COMMUNI CATES THE DATE WINE, A 17
DISTILLED SPIRIT , OR WINE– OR DISTILLED SPIRIT –BASED PRODUCT WAS 18
PRODUCED, MANUFACTURED , BOTTLED, OR PACKAGED; 19
(3) THE USE OF SELL BY DATES THAT A RE PRESENTED IN A CO DED 20
FORMAT THAT ARE NOT EASILY READABLE BY C ONSUMERS AND DO NOT USE THE 21
PHRASE “SELL BY”; OR 22
(4) THE USE OR DISPLAY OF A L ABEL THAT ALLOWS A C ONSUMER TO 23
VIEW ONLINE INFORMAT ION ABOUT A FOOD ITEM MANUFACTURED FOR HUM AN 24
CONSUMPTION . 25
(G) THIS SECTION DOES NOT REQUIRE THE USE OR D ISPLAY OF A DATE 26
LABEL ON A FOOD ITEM UNLESS THE PREPARED FOOD ITEM DISPLAYS A DATE 27
LABEL. 28
(H) (1) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL CREATE 29
AN EDUCATIONAL PROGRAM AND EDUCATIONAL MATE RIALS TO INFORM 30
CONSUMERS ABOUT THE MEANING OF QUALITY D ATES AND SPECIFIED D ATES. 31
HOUSE BILL 8 5
(2) THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE 1
THE EDUCATIONAL MATERIAL S CREATED UNDER PARAGRAPH (1) OF THIS 2
SUBSECTION. 3
(I) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT THIS 4
SECTION. 5
21–401. 6
(a) In this subtitle the following words have the meanings indicated. 7
(j) (1) “Grade A milk product” means: 8
(i) Grade A milk; 9
(ii) Grade A cream; or 10
(iii) Any other Grade A milk product that the Secretary designates. 11
(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” 12
Pasteurized Milk Ordinance published by the federal government. 13
(l) (2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal 14
produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the 15
Grade A Pasteurized Milk Ordinance. 16
(o) (1) “Milk plant” means any place where, for distribution, milk products are: 17
(i) Processed; 18
(ii) Pasteurized; 19
(iii) Bottled or packaged; or 20
(iv) Prepared. 21
(2) “Milk plant” does not include a place where milk products are sold at 22
retail only. 23
(p) “Milk processor” means a person who owns, operates, or controls a milk plant. 24
21–424. 25
(A) After the milk product has been processed, each milk product shall be labeled 26
with: 27
6 HOUSE BILL 8
(1) The description of that milk product under this subtitle or the rules and 1
regulations adopted under this subtitle; and 2
(2) Any other information that the Secretary requires by rule or regulation. 3
(B) (1) THIS SUBSECTION DOES NOT APPLY TO: 4
(I) A MILK PRODUCT PROCESS ED, PACKAGED, AND SOLD BY 5
DISTRIBUTORS DIRECTL Y TO CONSUMERS ; OR 6
(II) A BULK SHIP MENT OF A MILK PRODUCT BE TWEEN 7
DISTRIBUTORS . 8
(2) BEFORE A GRADE A MILK PRODUCT IS SOLD TO A CONSUMER AT 9
RETAIL, THE GRADE A MILK PRODUCT MUST BE LABELED WITH THE DAT E 10
ESTABLISHED BY THE M ILK PROCESSOR AS THE DATE BY WHICH THE PR ODUCT 11
SHOULD NORMALLY BE U SED TO ENSURE CONSUM ER QUALITY. 12
(3) THE SECRETARY SHALL ADOPT REGULA TIONS TO CARRY OUT 13
THIS SUBSECTION, INCLUDING REGULATION S RELATED TO: 14
(I) THE RESPONSIBILITY FO R AFFIXING TO PACKAG ES OR 15
OTHER CONTAINERS THE QUALITY ASSURANCE DA TE REQUIRED UNDER 16
PARAGRAPH (2) OF THIS SUBSECTION; 17
(II) THE MANNER, STYLE, FORM, AND PLACE OF AFFIXAT ION OF 18
THE QUALITY ASSURANC E DATE REQUIRED UNDE R PARAGRAPH (2) OF THIS 19
SUBSECTION IN A CONSPICUOUS PLA CE IN A FORM THAT IS READILY SEEN AND 20
EASILY UNDERSTOOD BY CONSUMERS ; AND 21
(III) ADMINISTRATION AND EN FORCEMENT OF THIS 22
SUBSECTION. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2025. 25