II 

116TH CONGRESS 

1ST SESSION S. 2337 

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 SENATE OF THE UNITED STATES 

JULY 30, 2019 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

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: 

8 (1) ADMINISTERING SECRETARIES.—The term 

9 ‘‘administering Secretaries’’ means— 


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1 (A) the Secretary of Agriculture, with re2 spect to any product that is— 

3 (i) under the jurisdiction of the Sec4 retary of Agriculture; and 

5 (ii)(I) a poultry product (as defined in 

6 section 4 of the Poultry Products Inspec7 tion Act (21 U.S.C. 453)); 

8 (II) a meat food product (as defined 

9 in section 1 of the Federal Meat Inspection 

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

11 (III) an egg product (as defined in 

12 section 4 of the Egg Products Inspection 

13 Act (21 U.S.C. 1033)); and 

14 (B) the Secretary of Health and Human 

15 Services, with respect to any product that is— 

16 (i) under the jurisdiction of the Sec17 retary of Health and Human Services; and 

18 (ii) a food (as defined in section 201 

19 of the Federal Food, Drug, and Cosmetic 

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

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

22 means a date voluntarily printed on food packaging 

23 that signifies the end of the estimated period of shelf 

24 life under any stated storage conditions, after which 


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1 the food labeler advises the product not be con2 sumed. 

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) of the 

15 Bill Emerson Good Samaritan Food Donation 

16 Act (42 U.S.C. 1791(b))). 

17 SEC. 3. QUALITY DATES AND DISCARD DATES. 

18 (a) QUALITY DATES.— 

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

20 quality date on food packaging, the label shall use 

21 the uniform quality date label phrase under para22 graph (2). 

23 (2) UNIFORM PHRASE.—The uniform quality 

24 date label phrase under this paragraph shall be 

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1 section (c)(3), the standard abbreviation of ‘‘BB’’, 

2 unless and until the administering Secretaries, act3 ing jointly, specify through rulemaking another uni4 form phrase to be used for purposes of complying 

5 with paragraph (1). 

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

7 on whether to include a quality date on food pack8 aging and which foods should be so labeled shall be 

9 at the discretion of the food labeler. 

10 (b) DISCARD DATES.— 

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

12 discard date on food packaging, the label shall use 

13 the uniform discard date label phrase under para14 graph (2). 

15 (2) UNIFORM PHRASE.—The uniform discard 

16 date label phrase under this paragraph shall be 

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

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

19 and until the administering Secretaries, acting joint20 ly, specify through rulemaking another uniform 

21 phrase to be used for purposes of complying with 

22 paragraph (1). 

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

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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) EDUCATION.—Not later than 1 year after the 

5 date of enactment of this Act, the administering Secre6 taries, acting jointly, shall provide consumer education 

7 and outreach on the meaning of quality date and discard 

8 date food labels. 

9 (e) EFFECT; PREEMPTION.— 

10 (1) EFFECT.—Nothing in this Act or an 

11 amendment made by this Act prohibits any State or 

12 political subdivision of a State from establishing or 

13 continuing in effect any requirement that prohibits 

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

15 discard date. 

16 (2) PREEMPTION.—No State or political sub17 division of a State may establish or continue in ef18 fect any requirement that— 

19 (A) relates to the inclusion in food labeling 

20 of a quality date or a discard date that is dif21 ferent from or in addition to, or that is other22 wise not identical with, the requirements of this 

23 Act and the amendments made by this Act; or 

24 (B) prohibits the sale or donation of foods 

25 based on passage of the quality date. 


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1 (3) ENFORCEMENT.—The administering Secre2 taries, acting jointly and in coordination with the 

3 Federal Trade Commission, shall ensure that the 

4 uniform quality date label phrase and uniform dis5 card date label phrase are standardized across all 

6 food products. 

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

8 nothing in this Act, any amendment made by this 

9 Act, or any standard or requirement imposed pursu10 ant to this Act preempts, displaces, or supplants any 

11 State or Federal common law rights or any State or 

12 Federal statute creating a remedy for civil relief, in13 cluding a remedy for civil damage, or a penalty for 

14 criminal conduct. 

15 (5) TIME TEMPERATURE INDICATOR LABELS.— 

16 Nothing in this Act or an amendment made by this 

17 Act prohibits or restricts the use of time-tempera18 ture indicator labels or similar technology that is in 

19 addition to or in lieu of any uniform quality date 

20 label phrase under subsection (a)(2) or uniform dis21 card date label phrase under subsection (b)(2). 

22 SEC. 4. MISBRANDING. 

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

24 Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend25 ed by adding at the end the following: 


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

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

3 (b) POULTRY PRODUCTS.—Section 4(h) of the Poul4 try Products Inspection Act (21 U.S.C. 453(h)) is amend5 ed— 

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

7 end; 

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

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

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

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

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

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

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

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

16 end; 

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

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

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

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

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

22 (d) EGG PRODUCTS.—Section 7(b) of the Egg Prod23 ucts Inspection Act (21 U.S.C. 1036(b)) is amended in 

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1 tion of section 3 of the Food Date Labeling Act of 2019’’ 

2 before the period at the end. 

3 SEC. 5. REGULATIONS. 

4 Not later than 2 years after the date of enactment 

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

6 shall promulgate final regulations for carrying out this Act 

7 and the amendments made by this Act. 

8 SEC. 6. DELAYED APPLICABILITY. 

9 This Act and the amendments made by this Act shall 

10 apply only with respect to food products that are labeled 

11 on or after the date that is 2 years after the date of pro12 mulgation of final regulations under section 5. 

Æ 


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