[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2087 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2087

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2009

  Mrs. Lowey introduced the following bill; which was referred to the 
                    Committee on Energy and 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 ``Food Freshness Disclosure Act of 
2009''.

SEC. 2. FEDERAL FOOD, DRUG, AND COSMETIC ACT; REQUIREMENT OF INCLUSION 
              OF FRESHNESS DATE ON FOOD LABELING.

    (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:
    ``(z) Except as provided in subparagraph (6), unless its label 
bears information on freshness in accordance with the following:
            ``(1) The label of the food states a date upon which the 
        food will no longer be fresh (in this paragraph referred to as 
        the `freshness date'). The freshness date 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 with section 
                101.9(g)(4) of title 21, Code of Federal Regulations; 
                and
                    ``(B) otherwise be not adulterated and of an 
                acceptable quality.
            ``(2) The freshness date is stated in terms of the day and 
        month if the product will not be fresh after three months on 
        the shelf or in terms of the month and year if the product will 
        be fresh for more than three months on the shelf. The day, 
        month, and year are declared in uncoded numerical sequence, 
        except that the month may be indicated by letters.
            ``(3) The phrase `best if used by' precedes the freshness 
        date.
            ``(4) On the label, the freshness date is--
                    ``(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.
            ``(5) The freshness date is on the containers of any food 
        sent to the seller of such food to consumers.
            ``(6) The requirements of subparagraphs (1) through (4) 
        shall not apply to any food that, under section 101.9(j) of 
        title 21, Code of Federal Regulations, is exempt from the 
        nutrition labeling requirements of section 101.9 of such 
        title.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect upon the expiration of the 180-day period beginning on the date 
of the enactment of this Act.
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