[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2897 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2897

To amend the Federal Food, Drug, and Cosmetic Act relating to freshness 
                             dates on food.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1999

Mrs. Lowey (for herself, Mr. Shows, Ms. DeLauro, Mr. Frost, Ms. Norton, 
   Mr. Sandlin, Ms. Millender-McDonald, Mr. Foley, Mr. McGovern, Mr. 
Underwood, and Ms. Schakowsky) introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act relating to freshness 
                             dates on food.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freshness Disclosure Act of 1999''.

SEC. 2. FRESHNESS DATE.

    (a) In General.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(t) Except as provided in subparagraph (4), if it is a food 
unless the food is labeled for freshness as follows:
            ``(1) The label of the food shall state a date upon which 
        the food will no longer be fresh. The date upon which a food 
        will no longer be fresh is a date selected by the manufacturer, 
        packer, or distributor of the food on the basis of tests and 
        other information showing that the food, until that date, under 
        the conditions of handling, storage, preparation, and use 
        prescribed by label directions will--
                    ``(A) when consumed contain not less than the 
                quantity of each nutrient set forth in the food label 
                in accordance with paragraph (q) and the regulations of 
                the Secretary published at 21 C.F.R. 101.9(g)(4); and
                    ``(B) otherwise be not adulterated and of an 
                acceptable quality.
            ``(2) The freshness date required by paragraph (1) shall be 
        stated in terms of the day and month if the product will not be 
        fresh after 3 months on the shelf or in terms of the month and 
        year if the product will be fresh for more than 3 months on the 
        shelf. The phrase ``best if used by'' shall precede the date. 
        The day, month, and year shall be declared in uncoded numerical 
        sequence, except that the month may be indicated by letters.
            ``(3) The label shall be--
                    ``(A) in single easy-to-read type style using upper 
                and lower case letters in the standard form;
                    ``(B) in a type size no smaller than 8 point; and
                    ``(C) located in a conspicuous place on the package 
                of the product.
            ``(4) The requirements of subparagraphs (1), (2), and (3) 
        shall not apply to any food described in regulations of the 
        Secretary published in 21 C.F.R. 101.9(j) which under such 
        provision are exempt from the nutritional labeling requirements 
        of such regulations.
            ``(5) The freshness date required by paragraph (1) shall be 
        on the containers of any food sent to the seller of such food 
        to consumers.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the expiration of 180 days after the date of the 
enactment of this Act.
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