I 

114TH CONGRESS 

2D SESSION H. R. 5298 

To establish requirements regarding quality dates and safety dates in food 

labeling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2016 

Ms. PINGREE 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 regarding quality dates and safety 

dates in food labeling, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Food Date Labeling 

5 Act of 2016’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) As of the date of enactment of this Act, 

9 date labeling practices on food packaging cause conVerDate Sep 11 2014 23:46 May 23, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5298.IH H5298

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1 fusion with ‘‘sell-by,’’ ‘‘best-by,’’ ‘‘use-by,’’ and ‘‘best 

2 before’’ dates, leading up to 90 percent of individ3 uals in the United States to occasionally throw out 

4 still-fresh food. 

5 (2) Confusion over the meaning of date labels 

6 is estimated to account for 20 percent of consumer 

7 waste of safe, edible food, leading to approximately 

8 $29,000,000,000 of wasted consumer spending each 

9 year. 

10 (3) Consumer education and standardized date 

11 labeling are the top 2 most cost-effective strategies 

12 for reducing food waste, by economic value per ton 

13 diverted. 

14 (4) Wasted food costs consumers and industry 

15 money, squanders important natural resources that 

16 are used to grow, process, distribute, and store the 

17 food supply of the United States, and represents a 

18 missed opportunity to feed the millions of food inse19 cure households in the United States that are strug20 gling to access healthy, affordable food. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTERING SECRETARIES.—The term 

24 ‘‘administering Secretaries’’ means— 


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1 (A) with respect to products described in 

2 paragraph (4)(A), the Secretary of Agriculture; 

3 and 

4 (B) with respect to products described in 

5 paragraph (4)(B), the Secretary of Health and 

6 Human Services. 

7 (2) FOOD LABELER.—The term ‘‘food labeler’’ 

8 means the producer, manufacturer, distributor, or 

9 retailer that places a date label on food packaging 

10 of a product. 

11 (3) QUALITY DATE.—The term ‘‘quality date’’ 

12 means a date voluntarily printed on food packaging 

13 that is intended to communicate to consumers the 

14 date after which the quality of the product may 

15 begin to deteriorate, but may still be acceptable for 

16 consumption. 

17 (4) READY-TO-EAT PRODUCT.—The term 

18 ‘‘ready-to-eat product’’ means— 

19 (A) with respect to a product under the ju20 risdiction of the Secretary of Agriculture, a 

21 product that— 

22 (i) is in a form that is edible without 

23 additional preparation to achieve food safe24 ty and may receive additional preparation 


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1 for palatability or aesthetic, epicurean, 

2 gastronomic, or culinary purposes; and 

3 (ii) is— 

4 (I) a poultry product, as defined 

5 in section 4 of the Poultry Products 

6 Inspection Act (21 U.S.C. 453); 

7 (II) a meat food product, as de8 fined in section 1 of the Federal Meat 

9 Inspection Act (21 U.S.C. 601); or 

10 (III) an egg product, as defined 

11 in section 4 of the Egg Products In12 spection Act (21 U.S.C. 1033); and 

13 (B) with respect to a food (as defined in 

14 section 201 of the Federal Food, Drug, and 

15 Cosmetic Act (21 U.S.C. 321)) under the juris16 diction of the Secretary of Health and Human 

17 Services— 

18 (i) a food that is normally eaten in its 

19 raw state; or 

20 (ii) any other food, including a proc21 essed food, for which it is reasonably fore22 seeable that the food will be eaten without 

23 further processing that would significantly 

24 minimize biological hazards. 


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1 (5) SAFETY DATE.—The term ‘‘safety date’’ 

2 means a date printed on food packaging of a ready3 to-eat product, which signifies the end of the esti4 mated period of shelf life under any stated storage 

5 conditions, after which the product may pose a 

6 health safety risk. 

7 SEC. 4. QUALITY DATES AND SAFETY DATES. 

8 (a) QUALITY DATES.— 

9 (1) IN GENERAL.—If a food labeler includes a 

10 quality date on food packaging, the label shall use 

11 the uniform quality date label phrase under para12 graph (2). 

13 (2) UNIFORM PHRASE.—The uniform quality 

14 date label phrase under this paragraph shall be 

15 ‘‘best if used by’’, unless and until the administering 

16 Secretaries, acting jointly, specify through rule17 making another uniform phrase to be used for pur18 poses of complying with paragraph (1). 

19 (3) OPTION OF THE LABELER.—The decision to 

20 include a quality date on food packaging shall be at 

21 the discretion of the food labeler. 

22 (b) SAFETY DATES.— 

23 (1) IN GENERAL.—The label of a ready-to-eat 

24 product shall include a safety date that is imme25 diately preceded by the uniform safety date label 


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1 phrase under paragraph (2) if the ready-to-eat prod2 uct— 

3 (A) meets the criteria described in para4 graph (3)(A) and is not exempt under para5 graph (3)(B)(ii); or 

6 (B) is listed in accordance with paragraph 

7 (3)(B)(i). 

8 (2) UNIFORM PHRASE.—The uniform safety 

9 date label phrase under this paragraph shall be ‘ex10 pires on’, unless and until the administering Secre11 taries jointly specify through rulemaking another 

12 uniform phrase to be used for purposes of complying 

13 with paragraph (1). 

14 (3) HIGH RISK READY-TO-EAT PRODUCTS.— 

15 (A) IN GENERAL.—The administering Sec16 retaries, acting jointly, shall describe criteria 

17 that determine what ready-to-eat products may 

18 have a high level of risk associated with con19 sumption after a certain date, including those 

20 that may be high or very high risk for Listeria 

21 monocytogenes or other contaminants or patho22 gens causing foodborne illness. 

23 (B) ADDITIONAL FOODS; EXEMPT

24 FOODS.—The administering Secretaries may, 

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1 tion of the administering Secretaries, respec2 tively— 

3 (i) list additional ready-to-eat prod4 ucts that are high risk, but do not meet 

5 the criteria described in subparagraph (A); 

6 or 

7 (ii) exempt specific ready-to-eat prod8 ucts that meet the criteria described in 

9 subparagraph (A), but do not actually pose 

10 a high level of risk associated with con11 sumption after a certain date. 

12 (C) REVIEW AND UPDATES.—Not less than 

13 once every 4 years, the administering Secre14 taries, acting jointly, shall review and, as the 

15 administering Secretaries determine appro16 priate, shall update— 

17 (i) the criteria described in subpara18 graph (A); and 

19 (ii) the list and exemptions described 

20 in subparagraph (B). 

21 (c) QUALITY DATE AND SAFETY DATE LABELING.— 

22 (1) IN GENERAL.—The quality date and safety 

23 date, as applicable, and immediately adjacent uni24 form quality date label phrase or safety date label 

25 phrase shall be— 


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1 (A) in single easy-to-read type style using 

2 upper and lower case letters in the standard 

3 form; 

4 (B) in a type size no smaller than 8 point; 

5 and 

6 (C) located in a conspicuous place on the 

7 package of the food. 

8 (2) DATE FORMAT.—Each quality date and 

9 safety date shall be stated in terms of day and 

10 month and, as appropriate, year. 

11 (d) GUIDANCE.—The Commissioner of Food and 

12 Drugs and the Secretary of Agriculture shall establish 

13 guidance for food labelers on how to determine quality 

14 dates and safety dates for food products. 

15 (e) SALE OR DONATION AFTER QUALITY DATE.—No 

16 one shall prohibit the sale, donation, or use of any product 

17 after the quality date for the product has passed. 

18 (f) EDUCATION.—Not later than 1 year after the date 

19 of enactment of this Act, the administering Secretaries, 

20 acting jointly, shall provide consumer education and out21 reach on the meaning of quality date and safety date food 

22 labels. 

23 (g) RULE OF CONSTRUCTION; PREEMPTION.— 

24 (1) RULE OF CONSTRUCTION.—Nothing in this 

25 section shall be construed to prohibit any State or 


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1 political subdivision of a State from establishing or 

2 continuing in effect any requirement that prohibits 

3 the sale or donation of foods based on passage of the 

4 safety date. 

5 (2) PREEMPTION.—No State or political sub6 division of a State may establish or continue in ef7 fect any requirement that— 

8 (A) relates to the inclusion in food labeling 

9 of a quality date or a safety date that is dif10 ferent from or in addition to, or that is other11 wise not identical with, the requirements under 

12 this section; or 

13 (B) prohibits the sale or donation of foods 

14 based on passage of the quality date. 

15 (3) ENFORCEMENT.—The administering Secre16 taries, acting jointly and in coordination with the 

17 Federal Trade Commission, shall ensure that the 

18 uniform quality date label phrase and uniform safety 

19 date label phrase are standardized across all food 

20 products. 

21 (4) SAVINGS.—Nothing in this Act, nor any 

22 amendment made by this Act, nor any standard or 

23 requirement imposed pursuant to this Act shall be 

24 construed to preempt, displace, or supplant any 

25 State or Federal common law rights or any State or 


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1 Federal statute creating a remedy for civil relief, in2 cluding those for civil damage, or a penalty for 

3 criminal conduct. 

4 (h) TIME TEMPERATURE INDICATOR LABELS.— 

5 Nothing in this section shall be construed to prohibit or 

6 restrict the use of time-temperature indicator labels or 

7 similar technology that is consistent with the requirements 

8 of this Act. 

9 (i) DELAYED APPLICABILITY.—This section shall 

10 apply only with respect to food products that are labeled 

11 on or after a date that is 2 years after the date of enact12 ment of this Act. 

13 SEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES 

14 AND SAFETY DATES IN FOOD LABELING. 

15 (a) FDA VIOLATIONS.—Section 403 of the Federal 

16 Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend17 ed by adding at the end the following: 

18 ‘‘(z) if its labeling is in violation of section 4 of the 

19 Food Date Labeling Act of 2016 (relating to quality dates 

20 and safety dates).’’. 

21 (b) POULTRY PRODUCTS.—Section 4(h) of the Poul22 try Products Inspection Act (21 U.S.C. 453(h)) is amend23 ed— 

24 (1) in paragraph (11), by striking ‘‘or’’ at the 

25 end; 


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1 (2) in paragraph (12), by striking the period at 

2 the end and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(13) if it does not bear a label in accordance 

5 with section 4 of the Food Date Labeling Act of 

6 2016.’’. 

7 (c) MEAT PRODUCTS.—Section 1(n) of the Federal 

8 Meat Inspection Act (21 U.S.C. 601(n)) is amended— 

9 (1) in paragraph (11), by striking ‘‘or’’ at the 

10 end; 

11 (2) in paragraph (12), by striking the period at 

12 the end and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(13) if it does not bear a label in accordance 

15 with section 4 of the Food Date Labeling Act of 

16 2016.’’. 

17 (d) EGG PRODUCTS.—Section 7(b) of the Egg Prod18 ucts Inspection Act (21 U.S.C. 1036(b)) is amended in 

19 the first sentence by adding before the period at the end 

20 ‘‘or if it does not bear a label in accordance with section 

21 4 of the Food Date Labeling Act of 2016’’. 

22 SEC. 6. REPORT TO CONGRESS. 

23 Not later than 5 years after the date of enactment 

24 of this Act, the administering Secretaries, acting jointly, 

25 shall report to the appropriate committees of Congress on 


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1 the progress in the reduction of food waste that can be 

2 attributed to the standardization of food date labeling and 

3 consumer education required by this Act and the amend4 ments made by this Act. 

Æ 


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