118 HR 3159 IH: Food Date Labeling Act of 2023
U.S. House of Representatives
2023-05-09
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I
118th CONGRESS
1st Session
H. R. 3159
IN THE HOUSE OF REPRESENTATIVES
May 9, 2023
Ms. Pingree (for herself, Mr. Newhouse, Ms. Schakowsky, Mr. McGovern, Mrs. Hayes, Mr. Soto, and Mr. Gottheimer) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish requirements for quality and discard dates that are voluntarily declared on the food label.
1.

Short title
This Act may be cited as the “Food Date Labeling Act of 2023”.
2.

Definitions
In this Act:
(1)

Administering Secretaries
The term administering Secretaries means—
(A)
the Secretary of Agriculture, with respect to any product that is—
(i)
under the jurisdiction of the Secretary of Agriculture; and
(ii)
(I)
a poultry product (as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453));
(II)
a meat food product (as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601)); or
(III)
an egg product (as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)); and
(B)
the Secretary of Health and Human Services, with respect to any product that is—
(i)
under the jurisdiction of the Secretary of Health and Human Services; and
(ii)
a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)).
(2)

Discard date
The term discard date means a date voluntarily printed on a food label that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the entity responsible for the food label advises the product not be consumed.
(3)

Quality date
The term quality date means a date voluntarily printed on a food label that is intended to communicate to consumers the date after which—
(A)
the quality of the product may begin to deteriorate; but
(B)
the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b))).
3.

Quality dates and discard dates
(a)

Quality dates
(1)

In general
If a quality date is used on a food label, such quality date shall be immediately proceeded by the uniform quality date label phrase under paragraph (2).
(2)

Uniform phrase
The uniform quality date label phrase under this paragraph shall be “BEST If Used By” or, if permissible under subsection (c)(3), the standard abbreviation of “BB”, unless and until the administering Secretaries, acting in coordination, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
(3)

Option of the entity responsible for the food label
The decisions of whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the entity responsible for the food label.
(b)

Discard dates
(1)

In general
If a discard date is used on a food label, such discard date shall be immediately proceeded by the uniform discard date label phrase under paragraph (2).
(2)

Uniform phrase
The uniform discard date label phrase under this paragraph shall be “USE By” or, if permissible under subsection (c)(3), the standard abbreviation of “UB”, unless and until the administering Secretaries, acting in coordination, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
(3)

Option of the entity responsible for the food label
The decisions of whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the entity responsible for the food label.
(c)

Quality date and discard date labeling
(1)

In general
The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase shall be—
(A)
in single easy-to-read type style; and
(B)
located in a conspicuous place on the food label or elsewhere on the package.
(2)

Date format
Each quality date and discard date shall be stated in terms of month and year or, as appropriate, month, day, and year.
(3)

Abbreviations
A standard abbreviation of “BB” and “UB” for the quality date and discard date, respectively, may be used only if the food label is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable.
(4)

Freeze by
A food labeler may add “or freeze by” following a uniform quality date label phrase or discard date label phrase.
(d)

Education
Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting in coordination, shall provide consumer education and outreach on the meaning of quality dates and discard dates on food labels.
(e)

Effect; preemption
(1)

Effect on sale or donation of foods
Nothing in this Act or an amendment made by this Act prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date.
(2)

Effect on infant formula
Nothing in this Act or an amendment made by this Act—
(A)
applies with respect to infant formula (as defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z))); or
(B)
affects the requirements relating to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) or any other applicable provision of law.
(3)

Preemption
No State or political subdivision of a State may establish or continue in effect any requirement that—
(A)
relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or
(B)
prohibits the sale or donation of foods based on passage of the quality date.
(4)

Enforcement
The administering Secretaries, acting in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products.
(5)

Savings
Notwithstanding paragraph (3), nothing in this Act, any amendment made by this Act, or any standard or requirement imposed pursuant to this Act preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct.
(f)

Time temperature indicator labels
Nothing in this Act or an amendment made by this Act prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2).
4.

Misbranding
(a)

FDA violations
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)
If the label bears a quality date or discard date that fails to comply with the requirements as specified in sections 3(a) and 3(b) of the Food Date Labeling Act of 2023, or that fails to meet the requirements as specified in section 3(c) of such Act.”.
(b)

Poultry products
Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended—
(1)
in paragraph (11), by striking “or” at the end;
(2)
in paragraph (12), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(13)
if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023.”.
(c)

Meat products
Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended—
(1)
in paragraph (11), by striking “or” at the end;
(2)
in paragraph (12), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:
“(13)
if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023.”.
(d)

Egg products
Section 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by inserting “or if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023” before the period at the end.
5.

Delayed applicability
This Act and the amendments made by this Act shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of enactment of this Act.