New Year Brings New Food Retail Laws

From crate-free fresh pork sales to higher minimum wages, changes coming to some states starting Jan. 1

12/21/2023

Fresh pork sold in California and Massachusetts must be sourced from operations with gestation crate-free practices.

Jan. 1 has always been an important date, and not just for resolutions to make a fresh start. As the year changes, so do some laws and regulations affecting food retailers.

Here are some of those relevant changes:

Starting Jan. 1, Proposition 12 in California and Question 3 in Massachusetts will be fully enforced. Going forward and following an extension for non-compliant pork that was issued by a California court earlier this year, third-party certification for egg, veal and pork producers is required in California. The laws went into effect in California and Massachusetts last summer and compliance is mandatory after the U.S. Supreme Court ruled against an appeal by the National Pork Producers Council and American Farm Bureau Federation in May.
Natural, sustainable and humanely raised meat company Niman Ranch lauded the milestone. “The best resolution the pork industry and consumers can make this new year is to commit to crate-free,” said Chris Oliviero, Niman Ranch’s general manager. “For too long, the industry has been hyper focused on efficiency and producing large amounts of cheap meat, while losing sight of the bigger picture. Prop 12 is the right thing for both the animals and farmers, but it needs to be done in a structured manner where pork producers have support and dedicated markets. With full implementation of Prop 12 and Question 3 in the new year, there is market certainty and a clear path forward for the industry.”
Grocers in Colorado can no longer offer single-use plastic bags to shoppers after Jan. 1, but can sell shoppers recycled paper bags for 10 cents apiece. In related news, Colorado stores that offer ready-to-eat foods are prohibited from using expanded polystyrene packages as containers.
In California, the Protect Grocery Workers Jobs Act (AB 647) goes into effect on Jan. 1. Among other stipulations, the law expands preferential hiring requirements and prohibits employers from taking “adverse action” against employees seeking to enforce their rights, according to local United Food & Commercial Workers unions.
New Year’s Day is the start date for higher minimum wages in 20 states: Arizona ($14.35); Alaska ($11.73); California ($16); Colorado ($14.42); Connecticut ($15.69); Delaware ($13.25); Hawaii ($14); Illinois ($14); Maine ($14.15); Maryland ($15); Michigan ($10.33); Minnesota ($8.85-$10.85); Missouri ($12.30); Montana ($10.30); Nebraska ($12); New Jersey ($13.73-$15.13); New York ($15-$16); Ohio ($10.45); Rhode Island ($14); South Dakota ($11.20); Vermont ($13.67) and Washington ($16.28).
The Food Safety Modernization Act (FSMA), signed into law in 2011, is winding down its implementation timeline. On Jan. 26, 2024, very small farms will be required to follow agricultural water requirements. Looking ahead, the final compliance date for the FSMA Traceability Rule, with recordkeeping requirements across the supply chain, is set for Jan. 20, 2026.
Grocery tax changes are also happening as the new year clicks over. In Kansas, the tax rate for groceries will drop to 2%.