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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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amendment.
*hb0410*
HOUSE BILL 410
J1 6lr1224
CF SB 546
By: Delegates Boyce, Harrison, Charkoudian, Embry, Fair, Healey, Hill, Kaufman,
Mireku–North, Pasteur, Patterson, Ruff, Ruth, Terrasa, Wells, Woods,
Woorman, and Ziegler Ziegler, Alston, Bagnall, Cullison, Guzzone,
S. Johnson, Lopez, Martinez, Rosenberg, Ross, Taveras, and White Holland
Introduced and read first time: January 22, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2026
CHAPTER ______
AN ACT concerning 1
Public Health – Food and Milk Product Labeling – Requirements 2
FOR the purpose of establishing requirements and prohibitions regarding food and milk 3
product labeling; requiring the Maryland Department of Health, in conjunction with 4
the University of Maryland Extension and food donation organizations, to create a 5
marketing program and educational materials for food labels on or before a certain 6
date and to post the information on the Department’s website; and generally relating 7
to food and milk product labeling requirements. 8
BY repealing and reenacting, without amendments, 9
Article – Health – General 10
Section 21–101(a), (i), (k), (l), and (n) and 21–401(a), (j)(1), (k), (l)(2), (o), and (p) 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2025 Supplement) 13
BY adding to 14
Article – Health – General 15
Section 21–329.1 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, with amendments, 19
2 HOUSE BILL 410
Article – Health – General 1
Section 21–424 2
Annotated Code of Maryland 3
(2023 Replacement Volume and 2025 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Health – General 7
21–101. 8
(a) In this title the following words have the meanings indicated. 9
(i) “Food” means: 10
(1) Any substance that is used as food or drink for human beings or as a 11
component of food or drink for human beings; or 12
(2) Chewing gum or any substance that is used as a component of chewing 13
gum. 14
(k) “Label” means a display of written, printed, or graphic matter on the 15
container, other than the package liner, of a substance. 16
(l) “Labeling” means any label or other written or graphic material that: 17
(1) Is on a substance or its container or its wrapping; or 18
(2) Accompanies a substance. 19
(n) (1) “Package” means any container or wrapping of a consumer commodity 20
that is used for delivery or display to retail consumers. 21
(2) “Package” does not include any container or wrapping that is used only 22
for: 23
(i) Transportation of a consumer commodity in bulk or quantity to 24
a manufacturer, packer, processor, or wholesale or retail distributor; or 25
(ii) Shipment or delivery of a consumer commodity to a retail 26
customer, if the container or wrapping bears no printed material that relates to a particular 27
consumer commodity. 28
21–329.1. 29
HOUSE BILL 410 3
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “QUALITY DATE” MEANS THE DATE ON A LABEL AFFIXED TO THE 3
PACKAGING OR CONTAINER OF FOOD AFTER WHI CH FOOD QUALITY MAY BEG IN TO 4
DETERIORATE BUT THE FOOD MAY STILL BE AC CEPTABLE FOR HUMAN 5
CONSUMPTION. 6
(3) “SAFETY DATE ” MEANS A DATE ON A LA BEL AFFIXED TO THE 7
PACKAGING OR CONTAINER OF PERISHABLE FOOD THAT COMMUNICATES THAT THE 8
FOOD SHOULD BE CONSUMED OR FROZEN BY THE DATE LISTED. 9
(4) “SELL BY DATE ” MEANS A DATE ON A LA BEL AFFIXED TO THE 10
PACKAGING OR CONTAIN ER OF FOOD THAT IS N OT A QUALITY DATE OR A SAFETY 11
DATE AND INDICATES S TOCK ROTATION PRIMAR ILY TO A DISTRIBUTOR OR 12
RETAILER. 13
(B) THIS SECTION DOES NOT APPLY TO: 14
(1) INFANT FORMULA; OR 15
(2) BEER AND OTHER MALT BEVERAGES; OR 16
(3) A DIETARY SUPPLEMENT, AS DEFINED IN 21 U.S.C. § 321(FF). 17
(C) BEGINNING JULY 1, 2027 2028, A FOOD MANUFACTURER, PROCESSOR, 18
OR RETAILER RESPONSI BLE FOR THE LABELING OF FOOD ITEMS FOR HU MAN 19
CONSUMPTION THAT OPTS TO INCLUDE OR IS REQUIRED BY LAW TO INCLUDE A DATE 20
LABEL TO COMMUNICATE A QUALITY OR SAFETY DATE ON A FOOD ITEM 21
MANUFACTURED ON OR A FTER JULY 1, 2027 2028, SHALL USE ONE OF THE 22
FOLLOWING TERMS, AS APPROPRIATE: 23
(1) (I) “BEST IF USED BY” OR “BEST IF USED OR FROZEN BY” TO 24
INDICATE THE QUALITY DATE OF THE FOOD ITEM; OR 25
(II) IF THE FOOD ITEM IS T OO SMALL TO INCLUDE THE LABEL 26
REQUIRED UNDER ITEM (I) OF THIS ITEM, “BB”; OR 27
(2) (I) “USE BY ” OR “USE BY OR FREEZE BY ” TO INDICATE THE 28
SAFETY DATE OF THE FOOD ITEM; OR 29
(II) IF THE FOOD ITEM IS T OO SMALL TO INCLUDE THE LABEL 30
REQUIRED UNDER ITEM (I) OF THIS ITEM, “UB”. 31
4 HOUSE BILL 410
(D) BEGINNING JULY 1, 2027 2028, A PERSON MAY NOT: 1
(1) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 2
HUMAN CONSUMPTION ON OR AFTER JULY 1, 2027 2028, THAT IS LABELED WITH 3
THE PHRASE “SELL BY”; OR 4
(2) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 5
HUMAN CONSUMPTION ON OR AFTER JULY 1, 2027 2028, THAT IS NOT LABELED IN 6
ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION. 7
(E) BEGINNING JULY 1, 2027 2028, A FOOD RETAILER MAY: 8
(1) DONATE A FOOD ITEM MANUFACTURED FOR HUM AN 9
CONSUMPTION THAT IS NOT LABELED IN ACCORDANCE WITH THIS SECTION; AND 10
(2) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 11
HUMAN CONSUMPTION LA BELED WITH THE PHRAS E “PACKED ON ” IF THE FOOD 12
ITEM ALSO DISPLAYS A QUALITY OR SAFE TY DATE IN ACCORDANC E WITH 13
SUBSECTION (C) OF THIS SECTION; AND 14
(3) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 15
HUMAN CONSUMPTION THAT IS NOT LABELED IN ACCORDANCE WITH THIS SECTION 16
IF THE FOOD RETAILER PURCHASED THE FOOD ITEM ON OR BEFORE JUNE 30, 2028. 17
(F) THIS SECTION DOES NOT PROHIBIT: 18
(1) THE SALE, DONATION, OR USE OF A FOOD ITE M MANUFACTURED 19
FOR HUMAN CONSUMPTION AFTER THE QUALITY DATE; 20
(2) THE USE OF A LABEL TH AT COMMUNICATES THE DATE WINE, A 21
DISTILLED SPIRIT , OR WINE –BASED OR DI STILLED SPIRIT –BASED PRODUCT WAS 22
PRODUCED, MANUFACTURED, BOTTLED, OR PACKAGED; 23
(3) THE USE OF SELL BY DA TES THAT ARE PRESENT ED IN A CODED 24
FORMAT THAT ARE NOT EASILY READABLE BY C ONSUMERS AND DO NOT USE THE 25
PHRASE “SELL BY”; OR 26
(4) THE USE OR DISPLAY OF A LABEL THAT ALLOWS A CONSUMER TO 27
VIEW ONLINE INFORMAT ION ABOUT A FOOD ITE M MANUFACTURED FOR H UMAN 28
CONSUMPTION. 29
HOUSE BILL 410 5
(G) THIS SECTION DOES NOT REQUIRE THE USE OR D ISPLAY OF A DATE 1
LABEL ON A FOOD ITEM UNLESS THE FOOD ITEM DISPLAYS A DATE LABEL. 2
(H) (1) ON OR BEFORE JULY 1, 2027 2028, THE DEPARTMENT, IN 3
CONJUNCTION WITH THE UNIVERSITY OF MARYLAND EXTENSION AND FOOD 4
DONATION ORGANIZATIO NS, SHALL CREATE AN EDUCATIONAL PROGR AM AND 5
EDUCATIONAL MATERIAL S TO INFORM CONSUMER S ABOUT THE MEANING OF 6
QUALITY DATES AND SAFETY DATES. 7
(2) THE DEPARTMENT SHALL POST ON THE DEPARTMENT’S WEBSITE 8
THE EDUCATIONAL MATE RIALS CREATED UNDER PARAGRAPH (1) OF THIS 9
SUBSECTION. 10
(I) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 11
SECTION. 12
21–401. 13
(a) In this subtitle the following words have the meanings indicated. 14
(j) (1) “Grade A milk product” means: 15
(i) Grade A milk; 16
(ii) Grade A cream; or 17
(iii) Any other Grade A milk product that the Secretary designates. 18
(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” 19
Pasteurized Milk Ordinance published by the federal government. 20
(l) (2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal 21
produced, processed, pasteurized, bottled, packaged, or prepared in accordance w ith the 22
Grade A Pasteurized Milk Ordinance. 23
(o) (1) “Milk plant” means any place where, for distribution, milk products are: 24
(i) Processed; 25
(ii) Pasteurized; 26
(iii) Bottled or packaged; or 27
(iv) Prepared. 28
6 HOUSE BILL 410
(2) “Milk plant” does not includ e a place where milk products are sold at 1
retail only. 2
(p) “Milk processor” means a person who owns, operates, or controls a milk plant. 3
21–424. 4
(A) After the milk product has been processed, each milk product shall be labeled 5
with: 6
(1) The description of that milk product under this subtitle or the rules and 7
regulations adopted under this subtitle; and 8
(2) Any other information that the Secretary requires by rule or regulation. 9
(B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING TERMS HA VE THE 10
MEANINGS INDICATED. 11
(II) “QUALITY DATE” MEANS THE DATE ON A LABEL AFFIXED TO 12
THE PACKAGING OR CON TAINER OF A GRADE A MILK PRODUCT AFTER W HICH 13
QUALITY MAY BEGIN TO DETERIORATE BUT THE GRADE A MILK PRODUCT MAY STILL 14
BE ACCEPTABLE FOR HUMAN CONSUMPTION. 15
(III) “SAFETY DATE” MEANS A DATE ON A LABEL AFFIXED TO THE 16
PACKAGING OR CONTAIN ER OF A GRADE A MILK PRODUCT THAT CO MMUNICATES 17
THAT A GRADE A MILK PRODUCT SHOULD BE CONSUMED OR FROZEN BY THE DATE 18
LISTED. 19
(2) THIS SUBSECTION DOES NOT APPLY TO: 20
(I) A MILK PRODUCT PROCESS ED, PACKAGED, AND SOLD BY 21
DISTRIBUTORS DIRECTLY TO CONSUMERS; OR 22
(II) A BULK SHIPMENT OF A M ILK PRODUCT BETWEEN 23
DISTRIBUTORS. 24
(3) (I) BEGINNING JULY 1, 2027, A MILK PLANT, MILK PROCESSOR, 25
OR OTHER PERSON RESPONSIBLE FOR THE LABELING OF GRADE A MILK PRODUCTS 26
SOLD TO CONSUMERS AT RETAIL SHALL LABEL EACH GRADE A MILK PRODUCT WITH 27
ONE OF THE FOLLOWING TERMS, AS APPROPRIATE: 28
1. A. “BEST IF USED BY” TO INDICATE THE QUALITY 29
DATE OF THE GRADE A MILK PRODUCT; OR 30
HOUSE BILL 410 7
B. IF THE GRADE A MILK PRODUCT IS TOO SMALL TO 1
INCLUDE THE LABEL REQUIRED UNDER ITEM A OF THIS ITEM, “BB”; OR 2
2. A. “USE BY ” OR “USE BY OR FREEZE BY ” TO 3
INDICATE THE SAFETY DATE OF THE GRADE A MILK PRODUCT; OR 4
B. IF THE GRADE A MILK PRODUCT IS TOO SMALL TO 5
INCLUDE THE LABEL REQUIRED UNDER ITEM A OF THIS ITEM, “UB”. 6
(II) BEGINNING JULY 1, 2027, A PERSON MAY NOT SEL L, OR 7
OFFER FOR SALE, A GRADE A MILK PRODUCT TO A CO NSUMER AT RETAIL UNL ESS 8
THE MILK PRODUCT IS LABELED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS 9
PARAGRAPH. 10
(4) (I) IN THIS SUBSECTION, “SELL BY DATE” MEANS A DATE ON A 11
LABEL AFFIXED TO THE PACKAGING OR CONTAINER OF A GRADE A MILK PRODUCT 12
THAT IS NOT A QUALITY DATE OR A SAFETY DATE AND INDICATES STOCK ROTATION 13
PRIMARILY TO A DISTRIBUTOR OR RETAILER. 14
(II) BEGINNING JULY 1, 2027, A PERSON MAY NOT SEL L, OR 15
OFFER FOR SALE, A GRADE A MILK PRODUCT TO A CO NSUMER AT RETAIL THAT IS 16
LABELED WITH THE PHRASE “SELL BY”. 17
(III) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT 18
PROHIBIT THE USE OF A SELL BY DATE THAT IS PR ESENTED IN A CODED F ORMAT 19
THAT IS NOT EASILY R EADABLE BY CONSUMERS AND DOES NOT USE THE PHRASE 20
“SELL BY”. 21
(5) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT 22
THIS SUBSECTION, INCLUDING REGULATIONS RELATED TO: 23
(I) THE RESPONS IBILITY FOR AFFIXING TO PACKAGES OR 24
OTHER CONTAINERS THE QUALITY DATE REQUIRED UNDER PARAGRAPH (3) OF THIS 25
SUBSECTION; 26
(II) THE MANNER, STYLE, FORM, AND PLACE OF AFFIXATION OF 27
THE QUALITY DATE REQ UIRED UNDER PARAGRAP H (3) OF THIS SUBSECTION I N A 28
CONSPICUOUS PLACE IN A FORM THAT IS READILY SEEN AND EASILY UNDERSTOOD 29
BY CONSUMERS; AND 30
(III) ADMINISTRATION AND EN FORCEMENT OF THIS 31
SUBSECTION. 32
8 HOUSE BILL 410
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.