Food Date Labeling Act of 2023

Subjects: Health, Federal preemption, Food supply, safety, and labeling, Meat


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1484 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1484

   To establish requirements for quality and discard dates that are 
                voluntarily declared on the food label.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2023

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 
                voluntarily declared on the food label.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Date Labeling Act of 2023''.

SEC. 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))).

SEC. 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).

SEC. 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.

SEC. 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.
                                 &lt;all&gt;
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