I 

116TH CONGRESS 

1ST SESSION H. R. 3981 

To establish requirements for quality and discard dates that are, at the 

option of food labelers, included in food packaging, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Ms. PINGREE (for herself and Mr. NEWHOUSE) 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, at the option of food labelers, included in food 

packaging, 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 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTERING SECRETARIES.—The term 

2 ‘‘administering Secretaries’’ means— 

3 (A) the Secretary of Agriculture with re4 spect to any product that is under the Sec5 retary of Agriculture’s jurisdiction and is— 

6 (i) a poultry product, as defined in 

7 section 4 of the Poultry Products Inspec8 tion Act (21 U.S.C. 453); 

9 (ii) a meat food product, as defined in 

10 section 1 of the Federal Meat Inspection 

11 Act (21 U.S.C. 601); or 

12 (iii) an egg product, as defined in sec13 tion 4 of the Egg Products Inspection Act 

14 (21 U.S.C. 1033); and 

15 (B) the Secretary of Health and Human 

16 Services with respect to any product that is 

17 under the Secretary of Health and Human 

18 Services’ jurisdiction and is a food (as defined 

19 in section 201 of the Federal Food, Drug, and 

20 Cosmetic Act (21 U.S.C. 321)). 

21 (2) DISCARD DATE.—The term ‘‘discard date’’ 

22 means a date voluntarily printed on food packaging, 

23 which signifies the end of the estimated period of 

24 shelf life under any stated storage conditions, after 


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1 which the food labeler advises the product not be 

2 consumed. 

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

4 means the producer, manufacturer, distributor, or 

5 retailer that places a date label on food packaging 

6 of a product. 

7 (4) QUALITY DATE.—The term ‘‘quality date’’ 

8 means a date voluntarily printed on food packaging 

9 that is intended to communicate to consumers the 

10 date after which— 

11 (A) the quality of the product may begin 

12 to deteriorate; but 

13 (B) the product remains apparently whole14 some food (as defined in subsection (b)(2) of 

15 section 22 of the Child Nutrition Act of 1966 

16 (42 U.S.C. 1791(b)(2)); also known as the Bill 

17 Emerson Good Samaritan Food Donation Act). 

18 SEC. 3. QUALITY DATES AND DISCARD DATES. 

19 (a) QUALITY DATES.— 

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

21 quality date on food packaging, the label shall use 

22 the uniform quality date label phrase under para23 graph (2). 

24 (2) UNIFORM PHRASE.—The uniform quality 

25 date label phrase under this paragraph shall be 


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1 ‘‘BEST If Used By’’ or, if permissible under sub2 section (c)(3), the standard abbreviation of ‘‘BB’’, 

3 unless and until the administering Secretaries, act4 ing jointly, specify through rulemaking another uni5 form phrase to be used for purposes of complying 

6 with paragraph (1). 

7 (3) OPTION OF THE LABELER.—The decisions 

8 on whether to include a quality date on food pack9 aging and which foods should be so labeled shall be 

10 at the discretion of the food labeler. 

11 (b) DISCARD DATES.— 

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

13 discard date on food packaging, the label shall use 

14 the uniform discard date label phrase under para15 graph (2). 

16 (2) UNIFORM PHRASE.—The uniform discard 

17 date label phrase under this paragraph shall be 

18 ‘‘USE By’’ or, if permissible under subsection 

19 (c)(3), the standard abbreviation of ‘‘UB’’, unless 

20 and until the administering Secretaries, acting joint21 ly, specify through rulemaking another uniform 

22 phrase to be used for purposes of complying with 

23 paragraph (1). 

24 (3) OPTION OF THE LABELER.—The decisions 

25 on whether to include a discard date on food packVerDate Sep 11 2014 02:45 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3981.IH H3981

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1 aging and which foods should be so labeled shall be 

2 at the discretion of the food labeler. 

3 (c) QUALITY DATE AND DISCARD DATE LABEL4 ING.— 

5 (1) IN GENERAL.—The quality date or discard 

6 date, as applicable, and immediately adjacent uni7 form quality date label phrase or discard date label 

8 phrase— 

9 (A) shall be— 

10 (i) in single easy-to-read type style; 

11 and 

12 (ii) located in a conspicuous place on 

13 the package of the food; and 

14 (B) may be on the label or, at the discre15 tion of the food labeler, elsewhere on the pack16 age. 

17 (2) DATE FORMAT.—Each quality date and dis18 card date shall be stated in terms of day and month 

19 and, as appropriate, year. 

20 (3) ABBREVIATIONS.—A food labeler may use a 

21 standard abbreviation of ‘‘BB’’ and ‘‘UB’’ for the 

22 quality date and discard date, respectively, only if 

23 the food packaging is too small to include the uni24 form phrase described in subsection (a)(2) or (b)(2), 

25 as applicable. 


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1 (4) FREEZE BY.—A food labeler may add ‘‘or 

2 Freeze By’’ following a quality date or discard date 

3 uniform phrase. 

4 (d) INFANT FORMULA.—This Act and the amend5 ments made by this Act— 

6 (1) do not apply with respect to infant formula 

7 (as defined in section 201(z) of the Federal Food, 

8 Drug, and Cosmetic Act (21 U.S.C. 321(z))); and 

9 (2) shall not be construed to affect the require10 ments pertaining to infant formula under section 

11 412 of the Federal Food, Drug, and Cosmetic Act 

12 (21 U.S.C. 350a) and other applicable provisions of 

13 law. 

14 (e) EDUCATION.—Not later than 1 year after the 

15 date of enactment of this Act, the administering Secre16 taries, acting jointly, shall provide consumer education 

17 and outreach on the meaning of quality date and discard 

18 date food labels. 

19 (f) RULE OF CONSTRUCTION; PREEMPTION.— 

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

21 Act or the amendments made by this Act shall be 

22 construed to prohibit any State or political subdivi23 sion of a State from establishing or continuing in ef24 fect any requirement that prohibits the sale or dona25 tion of foods based on passage of the discard date. 


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1 (2) PREEMPTION.—No State or political sub2 division of a State may establish or continue in ef3 fect any requirement that— 

4 (A) relates to the inclusion in food labeling 

5 of a quality date or a discard date that is dif6 ferent from or in addition to, or that is other7 wise not identical with, the requirements of this 

8 Act and the amendments made by this Act; or 

9 (B) prohibits the sale or donation of foods 

10 based on passage of the quality date. 

11 (3) ENFORCEMENT.—The administering Secre12 taries, acting jointly and in coordination with the 

13 Federal Trade Commission, shall ensure that the 

14 uniform quality date label phrase and uniform dis15 card date label phrase are standardized across all 

16 food products. 

17 (4) SAVINGS.—Notwithstanding paragraph (2), 

18 nothing in this Act, nor any amendment made by 

19 this Act, nor any standard or requirement imposed 

20 pursuant to this Act, shall be construed to preempt, 

21 displace, or supplant any State or Federal common 

22 law rights or any State or Federal statute creating 

23 a remedy for civil relief, including those for civil 

24 damage, or a penalty for criminal conduct. 


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1 (g) TIME TEMPERATURE INDICATOR LABELS.— 

2 Nothing in this Act or the amendments made by this Act 

3 shall be construed to prohibit or restrict the use of time4 temperature indicator labels or similar technology that is 

5 in addition to or in lieu of any uniform quality date label 

6 phrase under subsection (a)(2) or uniform discard date 

7 label phrase under subsection (b)(2). 

8 SEC. 4. MISBRANDING. 

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

10 Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend11 ed by adding at the end the following: 

12 ‘‘(z) If it is food and its labeling is in violation of 

13 section 3 of the Food Date Labeling Act of 2019.’’. 

14 (b) POULTRY PRODUCTS.—Section 4(h) of the Poul15 try Products Inspection Act (21 U.S.C. 453(h)) is amend16 ed— 

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

18 end; 

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

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

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

22 ‘‘(13) if its labeling is in violation of section 3 

23 of the Food Date Labeling Act of 2019.’’. 

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

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


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

2 end; 

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

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

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

6 ‘‘(13) if its labeling is in violation of section 3 

7 of the Food Date Labeling Act of 2019.’’. 

8 (d) EGG PRODUCTS.—Section 7(b) of the Egg Prod9 ucts Inspection Act (21 U.S.C. 1036(b)) is amended in 

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

11 ‘‘or if its labeling is in violation of section 3 of the Food 

12 Date Labeling Act of 2019’’. 

13 SEC. 5. REGULATIONS. 

14 Not later than 2 years after the date of enactment 

15 of this Act, the Secretaries, acting jointly, shall promul16 gate final regulations for carrying out the provisions of 

17 this Act and the amendments made by this Act. 

18 SEC. 6. DELAYED APPLICABILITY. 

19 This Act and the amendments made by this Act shall 

20 apply only with respect to food products that are labeled 

21 on or after the date that is 2 years after the date of pro22 mulgation of final regulations under section 5. 

Æ 


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