This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

96205 

Vol. 89, No. 233 

Wednesday, December 4, 2024 

1Under section 201(ff) of the FD&C Act, dietary 

supplements are deemed ‘‘food’’ for most purposes, 

and thus the labeling requirements that apply to 

foods generally also apply to dietary supplements, 

with some exceptions (e.g., nutrition labeling). 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FSIS–2024–0021] 

Food Date Labeling 

AGENCY: Food Safety and Inspection 

Service (FSIS), U.S. Department of 

Agriculture (USDA); Food and Drug 

Administration (FDA), U.S. Department 

of Health and Human Services (HHS). 

ACTION: Request for Information. 

SUMMARY: FSIS and FDA (we, the 

agencies) are seeking public input on 

food date labeling. This Request for 

Information seeks information on 

industry practices and preferences for 

date labeling, research results on 

consumer perceptions of date labeling, 

and any impact date labeling may have 

on food waste. 

DATES: Submit comments on or before 

February 3, 2025. 

ADDRESSES: FSIS invites interested 

persons to submit information. Submit 

comments by one of the following 

methods: 

• Federal eRulemaking Portal: This 

website allows commenters to type 

short comments directly into the 

comment field on the web page or to 

attach a file for lengthier comments. Go 

to https://www.regulations.gov. Follow 

the online instructions at that site for 

submitting comments. 

• Mail: Send to Docket Clerk, U.S. 

Department of Agriculture, Food Safety 

and Inspection Service, 1400 

Independence Avenue SW, Mailstop 

3758, Washington, DC 20250–3700. 

• Hand- or Courier-Delivered 

Submittals: Deliver to 1400 

Independence Avenue SW, Jamie L. 

Whitten Building, Room 350–E, 

Washington, DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2024–0021. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to https://

www.regulations.gov. 

Docket: For access to background 

documents or comments received, call 

202–720–5046 to schedule a time to 

visit the FSIS Docket Room at 1400 

Independence Avenue SW, Washington, 

DC 20250–3700. 

FOR FURTHER INFORMATION CONTACT: 

FSIS: Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development; Telephone: (202) 

205–0495. 

FDA: Peter Koufopoulos; Deputy 

Director for Animal Derived Food; 

Human Foods Program; Telephone: 

(240) 252–9709. 

SUPPLEMENTARY INFORMATION: 

Background 

USDA and FDA jointly have broad 

jurisdiction and oversight over the U.S. 

food supply. FSIS and FDA have 

responsibility for ensuring that food 

labels on products over which they each 

have jurisdiction are truthful and not 

misleading. This applies to foods 

produced domestically, as well as foods 

imported from foreign countries. FSIS 

has the authority to regulate the labeling 

of most meat (including Siluriformes 

fish) and poultry products, and egg 

products. FDA has authority over all 

other foods, including seafood (except 

Siluriformes fish), game meat and shell 

eggs. Accordingly, some foods, such as 

eggs and meat, are regulated by both 

agencies. 

FSIS is responsible for ensuring that 

meat, poultry, and egg products are safe, 

wholesome, and properly labeled and 

packaged. The Agency administers a 

regulatory program for meat products 

under the Federal Meat Inspection Act 

(FMIA) (21 U.S.C. 601 et seq.), for 

poultry products under the Poultry 

Products Inspection Act (PPIA) (21 

U.S.C. 451 et seq.), and for egg products 

under the Egg Products Inspection Act 

(EPIA) (21 U.S.C. 1031 et seq.). 

Under the FMIA, PPIA, and EPIA, any 

meat, poultry, or egg product is 

misbranded if its labeling, including 

date labeling, is false or misleading in 

any particular (21 U.S.C. 601(n)(1); 21 

U.S.C. 453(h)(1); 21 U.S.C. 1036(b)). In 

particular, no product or any of its 

wrappers, packaging, or other containers 

shall bear any false or misleading 

marking, label, or other labeling, and no 

statement, word, picture, design, or 

device which conveys any false 

impression or gives any false indication 

of origin or quality or is otherwise false 

or misleading shall appear in any 

marking or other labeling (9 CFR 

317.8(a)), 381.129(b), 590.411(f)(1)). 

For meat, poultry, and egg products 

under FSIS jurisdiction, dates may be 

voluntarily applied to product labels 

provided the products are labeled in a 

manner that is truthful and not 

misleading and in compliance with 

FSIS regulations (see 9 CFR 317.8, 

381.129, and 590.411). To comply, a 

calendar date, if shown on labeling, 

must express both the month and day of 

the month. In the case of shelf-stable 

(including thermally processed, 

commercially sterile products) and 

frozen products, the year must also be 

displayed. Additionally, immediately 

adjacent to the date must be a phrase 

explaining the meaning of that date 

such as ‘‘Best if Used By.’’ 

FDA regulates a significant portion of 

the nation’s food supply, including 

fruits, vegetables, dairy (e.g., milk, 

cheese, yogurt), grain (e.g., breads, 

cereals, rice), packaged foods (e.g., 

canned foods, frozen foods, ready-to-eat 

foods), shell eggs (i.e., whole eggs that 

are still in the shell), seafood (except 

Siluriformes fish), infant formula, 

dietary supplements, beverages, and 

game meat. FDA helps ensure that such 

foods are safe, sanitary, wholesome, and 

that their labeling is truthful and nonmisleading. To achieve this, FDA 

administers regulatory programs under 

various authorities, including the 

Federal Food, Drug, and Cosmetic Act 

(FD&C Act)(21 U.S.C. 9), the Fair 

Packaging and Labeling Act(FPLA)(15 

U.S.C. 39), and the Nutrition Labeling 

and Education Act (NLEA)(21 U.S.C. 9 

343–1).1

Under section 403(a)(1) of the FD&C 

Act, a food is misbranded if its labeling 

is false or misleading in any particular 

(21 U.S.C. 343(a)). Accordingly, a food 

would be deemed misbranded under 


ddrumheller on DSK120RN23PROD with NOTICES1
96206 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 

2https://www.usda.gov/sites/default/files/ 

documents/NATIONAL-STRATEGY-FORREDUCING-FOOD-LOSS-AND-WASTE-ANDRECYCLING-ORGANICS.pdf. 

3Food: Material-Specific Data | US EPA. 

4See also https://www.fsis.usda.gov/food-safety/ 

safe-food-handling-and-preparation/food-safetybasics/food-product-dating and https://

www.fda.gov/news-events/fda-voices/working-foodindustry-reduce-confusion-over-date-labels. 

5 Johns Hopkins Bloomberg School of Public 

Health. (2019). Survey: Misunderstanding Food 

Date Labels Linked with Higher Food Discards— 

Confusion about when to worry about food safety 

is widespread. https://publichealth.jhu.edu/2019/ 

survey-misunderstanding-food-datelabels-linkedwith-higher-food-discards. 

6See https://www.fmi.org/docs/default-source/ 

Industry-Topics-Doc/fact-sheet-product-codedating-initiative.pdf?sfvrsn=59de6c6e_2. 

section 403(a)(1) of the FD&C Act if it 

has a date label that is false or 

misleading. 

The FPLA requires specific 

information (e.g., the net quantity of 

contents) to be provided on the label of 

consumer commodities, including food, 

to prevent unfair or deceptive packaging 

and labeling. The NLEA, which 

amended the FD&C Act, requires most 

foods to bear nutrition labeling, among 

other requirements. Section 403(w) of 

the FD&C Act requires foods (other than 

a raw agricultural commodity) that 

contain or are a major food allergen to 

be specifically labeled with the name of 

the allergen source. 

The Dietary Supplement Health and 

Education Act (DSHEA) amended the 

FD&C Act to define the term ‘‘dietary 

supplement’’ and establish requirements 

for dietary supplements. Under section 

201(ff) of the FD&C Act, dietary 

supplements are deemed ‘‘food’’ for 

most purposes, and thus the labeling 

requirements that apply to foods 

generally also apply to dietary 

supplements, with some exceptions. For 

example, specific nutrition labeling 

requirements apply to dietary 

supplements. 

FDA regulates infant formula under 

the FD&C Act and FDA’s implementing 

regulations, which require, among other 

things, that infant formula labels 

include a ‘‘Use by’’ date (21 CFR 

107.20(c)). Accordingly, infant formula 

date labeling is outside the scope of this 

Request for Information. 

Food Loss and Waste 

On June 12, 2024, the Biden-Harris 

Administration released the final 

National Strategy for Reducing Food 

Loss and Waste and Recycling Organics 

(the National Strategy).2 The National 

Strategy lays out a path for the U.S. to 

meet its national goal of reducing food 

loss and waste by 50 percent by 2030. 

The U.S. Environmental Protection 

Agency (EPA) estimates that in 2019, 66 

million tons of wasted food was 

generated in the food retail, food 

service, and residential sectors, and 

most of this waste (about 60 percent) 

was sent to landfills. An additional 40 

million tons of wasted food was 

generated in the food and beverage 

manufacturing and processing sectors.3

Wasted food is the single largest 

category of material placed in municipal 

landfills. Wasted wholesome and safe 

food represents nourishment that could 

have helped feed families in need. 

Additionally, water, energy, arable land, 

and labor used to produce wasted food 

could have been used for other 

purposes. Effectively reducing food 

waste will require cooperation among 

federal, state, tribal, territory, and local 

governments, food manufacturers, 

agriculture producers, faith-based 

institutions, environmental 

organizations, communities, and others, 

all along the entire supply chain. 

In response to the draft National 

Strategy for Reducing Food Loss and 

Waste and Recycling Organics, FSIS and 

FDA received comments encouraging an 

update of the Federal date labeling 

requirements, including standardizing 

date labeling. Commenters noted that 

food manufacturers use a variety of 

phrases such as ‘‘Sell By,’’ ‘‘Use By,’’ 

and ‘‘Best By’’ on product labels to 

describe dates on a voluntary basis. 

According to commenters, the use of 

different phrases to describe dates may 

cause consumer confusion and lead to 

the premature disposal of wholesome 

and safe food, because it is past the date 

printed on the package. 

As explained in the final National 

Strategy, both FSIS and FDA 

recommend that food industry members 

voluntarily apply the ‘‘Best if Used By’’ 

food date label, which notes the date 

after which quality may decline but the 

product may still be consumed. The 

‘‘Best if Used By’’ label aims to lessen 

consumer confusion and reduce wasted 

food.4 In addition, the ‘‘Best if Used By’’ 

label was the most frequently perceived 

by consumers as communicating 

quality, among the food date labels 

assessed by researchers at Johns 

Hopkins Center for a Livable Future 

(CLF), which supports standardizing 

this label.5 Although FSIS and FDA 

encourage the use of the phrase ‘‘Best if 

Used By’’, current federal regulations do 

not prohibit industry from using other 

date labeling phrases, such as ‘‘Sell By’’ 

or ‘‘Use By,’’ if they are truthful and not 

misleading. It should be noted that 

industry groups have taken steps to 

address consumer confusion.6 However, 

the number, diversity, and complexity 

of food products in the marketplace 

along with significant variability in the 

environmental, storage, and distribution 

conditions of food create challenges for 

standardization of food safety or quality 

date labels. 

FSIS and FDA are requesting 

additional information on industry 

practices and barriers for standardizing 

food date labeling, research results on 

consumer perceptions of food date 

labeling, and any impact date labeling 

may have on food loss and waste. The 

information may be used to inform 

future policy decisions, guidance, or 

consumer education campaigns on food 

date labels intended to help reduce the 

premature discard of wholesome and 

safe food. Commenters should provide 

any data, studies, or other evidence that 

supports their response. To help FSIS 

and FDA review comments efficiently, 

please identify the question to which 

you are responding by its associated 

category and number (e.g. Industry 

Practices and Preferences for Date 

Labeling 1). 

Questions for Commenters 

Industry Practices and Preferences for 

Date Labeling 

1. Which products contain date labels, 

and which do not? Why do some 

products contain date labels and others 

do not? 

2. What standards or criteria do 

manufacturers and producers consider 

when deciding which food date label 

phrase to use? Are different phrases 

used for different products or categories 

of products, and if so, why? Are there 

legal or trade requirements or marketing 

standards that impact which phrases are 

used (i.e., local or state requirements, 

industry best practice standards, etc.)? If 

so, please describe. 

3. What standards or criteria do 

manufacturers and producers consider 

when deciding what date to use? 

4. Would a particular product have a 

different date depending on the phrase 

used (e.g., would the date be the same 

or different if the phrase were ‘‘Best if 

Used By’’ versus ‘‘Use By’’ or ‘‘Freeze 

By’’)? If so, please explain. 

5. What challenges or limitations do 

food manufacturers have when 

establishing or changing food date 

labels? 

6. Are there costs associated with 

changing the date label phrase or date 

used in addition to the costs associated 

with any label change? If so, please 

explain what those are. What data are 

available on the use of certain food date 

label phrases and cost to manufacturers, 

retailers, or consumers? 

7. How do grocery retailers determine 

that a food item is no longer sellable? Do 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 96207 

the considerations differ depending on 

the food item? Do the considerations 

take into account the phrase and/or date 

on the label, and if so, how? 

Research on Consumer Perception of 

Date Labeling 

8. What studies or data are available 

on consumer understanding of current 

date labeling on food that FSIS and FDA 

regulate, and why are these studies or 

data important for FSIS and FDA to 

consider? Are there data and studies 

that demonstrate that consumers are 

confused by date labels and believe the 

dates determine whether food is safe? 

Are there any available studies or data 

on whether and how consumers 

consider food date labels when grocery 

shopping or when deciding to discard 

food at the home? 

9. What data are available on the most 

effective ways for presenting food date 

labels on food items so that consumers 

can easily access and clearly understand 

the information? 

10. What studies exist on the factors 

that should be considered in a national 

education campaign aimed at reducing 

consumer confusion about date labels? 

Please explain your reasoning as to why 

a study should be considered. 

Food Loss and Waste Research 

11. What studies detailing the effects 

of date labeling on food waste should 

FSIS and FDA consider and why? 

12. What factors do firms (e.g., 

manufacturers, retailers, food banks) 

and individuals consider when 

determining which food items to donate 

or discard? Specifically, do firms or 

individuals use food date labels to 

inform decisions to donate or discard 

food items? Please provide supporting 

studies or data. 

13. What estimates are available 

concerning the value of food that is 

discarded due to date labels, including 

any studies regarding the value 

discarded due to confusion of date 

labels? 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 

announce this Federal Register 

publication online through the FSIS 

web page located at http://

www.fsis.usda.gov/federal-register. FSIS 

will also make copies of this publication 

available through the FSIS Constituent 

Update, which is used to provide 

information regarding FSIS policies, 

procedures, regulations, Federal 

Register notices, FSIS public meetings, 

and other types of information that 

could affect or would be of interest to 

our constituents and stakeholders. The 

Constituent Update is available on the 

FSIS web page. Through the web page, 

FSIS can provide information to a much 

broader, more diverse audience. In 

addition, FSIS offers an email 

subscription service that provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at: 

https://www.fsis.usda.gov/subscribe. 

Options range from recalls to export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves and have the 

option to password-protect their 

accounts. 

USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights law and USDA civil rights 

regulations and policies, USDA, its 

Mission Areas, agencies, staff offices, 

employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program, political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. Program information may be 

made available in languages other than 

English. Persons with disabilities who 

require alternative means of 

communication to obtain program 

information (e.g., Braille, large print, 

audiotape, American Sign Language) 

should contact the responsible Mission 

Area, agency, or staff office; the USDA 

TARGET Center at (202) 720–2600 

(voice and TTY); or the Federal Relay 

Service at (800) 877–8339. 

To file a program discrimination 

complaint, a complainant should 

complete Form AD–3027, USDA 

Program Discrimination Complaint 

Form, which can be obtained online at 

https://www.usda.gov/forms/electronicforms, from any USDA office, by calling 

(866) 632–9992, or by writing a letter 

addressed to USDA. The letter must 

contain the complainant’s name, 

address, telephone number, and a 

written description of the alleged 

discriminatory action in sufficient detail 

to inform the Assistant Secretary for 

Civil Rights (ASCR) about the nature 

and date of an alleged civil rights 

violation. The completed AD–3027 form 

or letter must be submitted to USDA by: 

(1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; or 

(2) Fax: (833) 256–1665 or (202) 690– 

7442; or 

(3) Email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Done at Washington, DC. 

Paul Kiecker, 

Administrator. 

Kimberlee Trzeciak, 

Deputy Commissioner for Policy, Legislation, 

and International Affairs, Food and Drug 

Administration. 

[FR Doc. 2024–27810 Filed 12–3–24; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–830] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From Malaysia: Affirmative 

Preliminary Determination of Sales at 

Less Than Fair Value, Postponement 

of Final Determination, and Extension 

of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that crystalline silicon 

photovoltaic cells, whether or not 

assembled into modules (solar cells) 

from Malaysia are being, or are likely to 

be, sold in the United States at less than 

fair value (LTFV). The period of 

investigation (POI) is April 1, 2023, 

through March 31, 2024. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable December 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Barton or Elizabeth Talbot Russ, 

AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0012 or 

(202) 482–5516 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce initiated this 


ddrumheller on DSK120RN23PROD with NOTICES1