Food Date Labeling Act of 2023

To establish requirements for quality and discard dates that are voluntarily declared on the food label. 1. Short title This Act may be cited as the Food Date Labeling Act of 2023 2. Definitions In this Act: (1) Administering Secretaries The term administering Secretaries (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 (III) an egg product (as defined in section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 (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 (3) Quality date The term quality date (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) 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 BB (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 UB (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 UB (4) Freeze by A food labeler may add or freeze by (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) (B) affects the requirements relating to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a (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). 4. Misbranding (a) FDA violations Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (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 . (b) Poultry products Section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (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) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (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) or if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023 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.

Summary: Food Date Labeling Act of 2023 This bill establishes requirements for the format of quality date and discard date labels on food packaging. Specifically, the bill requires the quality date on a food label (i.e., the date after which the quality of the item may deteriorate) to include the phrase BEST If Used By or the abbreviation BB. Similarly, the discard date on a food label (i.e., the date after which the item should not be consumed) must include the phrase USE By or the abbreviation UB. Abbreviations may only be used if the full phrase does not fit on the label. The Department of Health and Human Services and Department of Agriculture may specify alternative phrases through regulations.