Public Health - Food and Milk Product Labeling - Requirements

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0546*

SENATE BILL 546
J1 6lr1225
CF HB 410
By: Senator Attar
Introduced and read first time: February 4, 2026
Assigned to: Finance

A BILL ENTITLED

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 to create a 4
marketing program and educational materials for food labels on or before a certain 5
date and to post the information on the Department’s website; and generally relating 6
to food and milk product labeling requirements. 7

BY repealing and reenacting, without amendments, 8
Article – Health – General 9
Section 21–101(a), (i), (k), (l), and (n) and 21–401(a), (j)(1), (k), (l)(2), (o), and (p) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12

BY adding to 13
Article – Health – General 14
Section 21–329.1 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – Health – General 19
Section 21–424 20
Annotated Code of Maryland 21
(2023 Replacement Volume and 2025 Supplement) 22

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24

Article – Health – General 25

2 SENATE BILL 546

21–101. 1

(a) In this title the following words have the meanings indicated. 2

(i) “Food” means: 3

(1) Any substance that is used as food or drink for human beings or as a 4
component of food or drink for human beings; or 5

(2) Chewing gum or any substance that is used as a component of chewing 6
gum. 7

(k) “Label” means a display of written, printed, or graphic matter on the 8
container, other than the package liner, of a substance. 9

(l) “Labeling” means any label or other written or graphic material that: 10

(1) Is on a substance or its container or its wrapping; or 11

(2) Accompanies a substance. 12

(n) (1) “Package” means any container or wrapping of a consumer commodity 13
that is used for delivery or display to retail consumers. 14

(2) “Package” does not include any container or wrapping that is used only 15
for: 16

(i) Transportation of a consumer commodity in bulk or quantity to 17
a manufacturer, packer, processor, or wholesale or retail distributor; or 18

(ii) Shipment or delivery of a consumer commodity to a retail 19
customer, if the container or wrapping bears no printed material that relates to a particular 20
consumer commodity. 21

21–329.1. 22

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24

(2) “QUALITY DATE” MEANS THE DATE ON A LABEL AFFIXED TO THE 25
PACKAGING OR CONTAINER OF FOOD AFTER WHI CH FOOD QUALITY MAY BEGIN TO 26
DETERIORATE BUT THE FOOD MAY STILL BE AC CEPTABLE F OR HUMAN 27
CONSUMPTION. 28

SENATE BILL 546 3

(3) “SAFETY DATE ” MEANS A DATE ON A LA BEL AFFIXED TO THE 1
PACKAGING OR CONTAINER OF PERISHABLE FOOD THAT COMMUNICATES THAT THE 2
FOOD SHOULD BE CONSUMED OR FROZEN BY THE DATE LISTED. 3

(4) “SELL BY DATE ” MEANS A DATE ON A LA BEL AFFIXED TO THE 4
PACKAGING OR CONTAIN ER OF FOOD THAT IS N OT A QUALITY DATE OR A SAFETY 5
DATE AND INDICATES S TOCK ROTATION PRIMAR ILY TO A DISTRIBUTOR OR 6
RETAILER. 7

(B) THIS SECTION DOES NOT APPLY TO: 8

(1) INFANT FORMULA; OR 9

(2) BEER AND OTHER MALT BEVERAGES. 10

(C) BEGINNING JULY 1, 2027, A FOOD MANUFACTURER , PROCESSOR, OR 11
RETAILER RESPONSIBLE FOR THE LABELING OF FOOD ITEMS FOR HUMAN 12
CONSUMPTION THAT OPTS TO INCLUDE OR IS REQUIRED BY LAW TO INCLUDE A DATE 13
LABEL TO COMMUNICATE A QUALITY OR SAFETY DATE ON A FOOD ITEM 14
MANUFACTURED ON OR A FTER JULY 1, 2027, SHALL USE ONE OF THE FOLLOWING 15
TERMS, AS APPROPRIATE: 16

(1) (I) “BEST IF USED BY” OR “BEST IF USED OR FROZEN BY” TO 17
INDICATE THE QUALITY DATE OF THE FOOD ITEM; OR 18

(II) IF THE FOOD ITEM IS T OO SMALL TO I NCLUDE THE LABEL 19
REQUIRED UNDER ITEM (I) OF THIS ITEM, “BB”; OR 20

(2) (I) “USE BY ” OR “USE BY OR FREEZE BY ” TO INDICATE THE 21
SAFETY DATE OF THE FOOD ITEM; OR 22

(II) IF THE FOOD ITEM IS T OO SMALL TO INCLUDE THE LABEL 23
REQUIRED UNDER ITEM (I) OF THIS ITEM, “UB”. 24

(D) BEGINNING JULY 1, 2027, A PERSON MAY NOT: 25

(1) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 26
HUMAN CONSUMPTION ON OR AFTER JULY 1, 2027, THAT IS LABELED WITH THE 27
PHRASE “SELL BY”; OR 28

(2) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 29
HUMAN CONSUMPTION ON OR AFTER JULY 1, 2027, THAT IS NOT LABELED IN 30
ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION. 31
4 SENATE BILL 546

(E) BEGINNING JULY 1, 2027, A FOOD RETAILER MAY: 1

(1) DONATE A FOOD ITEM MANUFACTURED FOR HUM AN 2
CONSUMPTION THAT IS NOT LABELED IN ACCORDANCE WITH THIS SECTION; AND 3

(2) SELL, OR OFFER FOR SALE , A FOOD ITEM MANUFACT URED FOR 4
HUMAN CONSUMPTION LA BELED WITH THE PHRAS E “PACKED ON ” IF THE FOOD 5
ITEM ALSO DISPLAYS A QUALITY OR SAFET Y DATE IN ACCORDANCE WITH 6
SUBSECTION (C) OF THIS SECTION. 7

(F) THIS SECTION DOES NOT PROHIBIT: 8

(1) THE SALE, DONATION, OR USE OF A FOOD ITE M MANUFACTURED 9
FOR HUMAN CONSUMPTION AFTER THE QUALITY DATE; 10

(2) THE USE OF A LABEL TH AT COMMUNICATES THE DATE WINE, A 11
DISTILLED SPIRIT , OR WINE –BASED OR DISTILLED S PIRIT–BASED PRODUCT WAS 12
PRODUCED, MANUFACTURED, BOTTLED, OR PACKAGED; 13

(3) THE USE OF SELL BY DA TES THAT ARE PRESENT ED IN A CODED 14
FORMAT THAT ARE NOT EASILY READABLE BY C ONSUMERS AND DO NOT USE THE 15
PHRASE “SELL BY”; OR 16

(4) THE USE OR DISPLAY OF A LABEL THAT ALLOWS A CONSUMER TO 17
VIEW ONLINE INFORMAT ION ABOUT A FOOD ITE M MANUFACTURED FOR H UMAN 18
CONSUMPTION. 19

(G) THIS SECTION DOES NOT REQUIRE THE USE OR D ISPLAY OF A DATE 20
LABEL ON A FOOD ITEM UNLESS THE FOOD ITEM DISPLAYS A DATE LABEL. 21

(H) (1) ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL CREATE 22
AN EDUCATIONAL PROGR AM AND EDUCATIONAL M ATERIALS TO INFORM 23
CONSUMERS ABOUT THE MEANING OF QUALITY DATES AND SAFETY DATES. 24

(2) THE DEPARTMENT SHALL POST ON THE DEPARTMENT’S WEBSITE 25
THE EDUCATIONAL MATE RIALS CREATED UNDER PARAGRAPH (1) OF THIS 26
SUBSECTION. 27

(I) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 28
SECTION. 29

21–401. 30
SENATE BILL 546 5

(a) In this subtitle the following words have the meanings indicated. 1

(j) (1) “Grade A milk product” means: 2

(i) Grade A milk; 3

(ii) Grade A cream; or 4

(iii) Any other Grade A milk product that the Secretary designates. 5

(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” 6
Pasteurized Milk Ordinance published by the federal government. 7

(l) (2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal 8
produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the 9
Grade A Pasteurized Milk Ordinance. 10

(o) (1) “Milk plant” means any place where, for distribution, milk products are: 11

(i) Processed; 12

(ii) Pasteurized; 13

(iii) Bottled or packaged; or 14

(iv) Prepared. 15

(2) “Milk plant” does not include a place where milk products are sold at 16
retail only. 17

(p) “Milk processor” means a person who owns, operates, or controls a milk plant. 18

21–424. 19

(A) After the milk product has been processed, each milk product shall be labeled 20
with: 21

(1) The description of that milk product under this subtitle or the rules and 22
regulations adopted under this subtitle; and 23

(2) Any other information that the Secretary requires by rule or regulation. 24

(B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING TERMS HA VE THE 25
MEANINGS INDICATED. 26

6 SENATE BILL 546

(II) “QUALITY DATE” MEANS THE DATE ON A LABEL AFFIXED TO 1
THE PACKAGING OR CON TAINER OF A GRADE A MILK PRODUCT AFTER W HICH 2
QUALITY MAY BEGIN TO DETERIORATE BUT THE GRADE A MILK PRODUCT MAY STILL 3
BE ACCEPTABLE FOR HUMAN CONSUMPTION. 4

(III) “SAFETY DATE” MEANS A DATE ON A LABEL AFFIXED TO THE 5
PACKAGING OR CONTAIN ER OF A GRADE A MILK PRODUCT THAT CO MMUNICATES 6
THAT A GRADE A MILK PRODUCT SHOULD BE CONSUMED OR FROZEN BY THE DATE 7
LISTED. 8

(2) THIS SUBSECTION DOES NOT APPLY TO: 9

(I) A MILK PRODUCT PROCESS ED, PACKAGED, AND SOLD BY 10
DISTRIBUTORS DIRECTLY TO CONSUMERS; OR 11

(II) A BULK SHIPMENT OF A M ILK PRODUCT BETWEEN 12
DISTRIBUTORS. 13

(3) (I) BEGINNING JULY 1, 2027, A MILK PLANT, MILK PROCESSOR, 14
OR OTHER PERSON RESPONSIBLE FOR THE LABELING OF GRADE A MILK PRODUCTS 15
SOLD TO CONSUMERS AT RETAIL SHALL LABEL EACH GRADE A MILK PRODUCT WITH 16
ONE OF THE FOLLOWING TERMS, AS APPROPRIATE: 17

1. A. “BEST IF USED BY” TO INDICATE THE QUALITY 18
DATE OF THE GRADE A MILK PRODUCT; OR 19

B. IF THE GRADE A MILK PRODUCT IS TOO SMALL TO 20
INCLUDE THE LABEL REQUIRED UNDER ITEM A OF THIS ITEM, “BB”; OR 21

2. A. “USE BY ” OR “USE BY OR FREEZE BY ” TO 22
INDICATE THE SAFETY DATE OF THE GRADE A MILK PRODUCT; OR 23

B. IF THE GRADE A MILK PRODUCT IS TOO SMALL TO 24
INCLUDE THE LABEL REQUIRED UNDER ITEM A OF THIS ITEM, “UB”. 25

(II) BEGINNING JULY 1, 2027, A PERSON MAY NOT SEL L, OR 26
OFFER FOR SALE, A GRADE A MILK PRODUCT TO A CO NSUMER AT RETAIL UNL ESS 27
THE MILK PRODUCT IS LABELED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS 28
PARAGRAPH. 29

(4) (I) IN THIS SUBSECTION, “SELL BY DATE” MEANS A DATE ON A 30
LABEL AFFIXED TO THE PACKAGING OR CONTAINER OF A GRADE A MILK PRODUCT 31
SENATE BILL 546 7

THAT IS NOT A QUALITY DATE OR A SAFETY DATE AND INDICATES STOCK ROTATION 1
PRIMARILY TO A DISTRIBUTOR OR RETAILER. 2

(II) BEGINNING JULY 1, 2027, A PERSON MAY NOT SELL , OR 3
OFFER FOR SALE, A GRADE A MILK PRODUCT TO A CO NSUMER AT RETAIL THAT IS 4
LABELED WITH THE PHRASE “SELL BY”. 5

(III) SUBPARAGRAPH (II) OF THIS PARAGRAPH DO ES NOT 6
PROHIBIT THE USE OF A SELL BY DATE THAT IS PRESENTED IN A CO DED FORMAT 7
THAT IS NOT EASILY READABLE BY C ONSUMERS AND DOES NO T USE THE PHRASE 8
“SELL BY”. 9

(5) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT 10
THIS SUBSECTION, INCLUDING REGULATIONS RELATED TO: 11

(I) THE RESPONSIBILITY FO R AFFIXING TO PACKAG ES OR 12
OTHER CONTAINERS THE QUALITY DATE REQUIRED UNDER PARAGRAPH (3) OF THIS 13
SUBSECTION; 14

(II) THE MANNER, STYLE, FORM, AND PLACE OF AFFIXATION OF 15
THE QUALITY DATE REQ UIRED UNDER PARAGRAP H (3) OF THIS SUBSECTION I N A 16
CONSPICUOUS PLACE IN A FORM THAT IS READILY SEEN AND EASILY UNDERSTOOD 17
BY CONSUMERS; AND 18

(III) ADMINISTRATION AND EN FORCEMENT OF THIS 19
SUBSECTION. 20

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22