The California Fisheries and Seafood Institute (CFSI) has joined a broad coalition of agricultural, manufacturing, and retail associations to sign a joint letter opposing proposed amendments to Assembly Bill 2779. The letter, addressed to Assemblymember Jacqui Irwin, outlines critical concerns regarding potential changes that would shift oversight of California’s food date labeling program from the Food and Agricultural Code to the Sherman Food, Drug, and Cosmetic Act.
Why CFSI Signed On
California’s standardized date labeling framework under AB 660 only recently went into effect on July 1, 2026. Established as a balanced compromise, the current system standardizes quality and safety date labels under the Food and Agricultural Code to reduce consumer confusion and prevent unnecessary food waste without imposing punitive legal exposure on food supply chain businesses.
Shifting enforcement to the Sherman Food and Drug Act introduces severe risks for seafood processors, distributors, and retailers:
- Increased Litigation Risk: Violations under the Sherman Act are frequently leveraged by private plaintiffs to trigger costly class-action lawsuits under California’s Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) over minor labeling discrepancies.
- Severe Penalties: Mislabeling under the Sherman Act carries strict regulatory enforcement actions, including product seizures, civil injunctions, and criminal misdemeanor penalties.
- Premature Regulatory Shifts: With the AB 660 framework in place for less than two months, CFSI and coalition partners contend there is no evidence that the current program is failing or that aggressive Sherman Act enforcement is necessary.
CFSI remains dedicated to maintaining reasonable, uniform date labeling standards that safeguard consumers without subjecting California’s seafood industry to excessive legal liability and supply chain disruption.