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 Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To establish requirements regarding quality dates and safety 
dates in food labeling, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2016’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) As of the date of enactment of this Act, 
date labeling practices on food packaging cause con-
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fusion with ‘‘sell-by,’’ ‘‘best-by,’’ ‘‘use-by,’’ and ‘‘best 
before’’ dates, leading up to 90 percent of individ-
uals in the United States to occasionally throw out 
still-fresh food. 
(2) Confusion over the meaning of date labels 
is estimated to account for 20 percent of consumer 
waste of safe, edible food, leading to approximately 
$29,000,000,000 of wasted consumer spending each 
year. 
(3) Consumer education and standardized date 
labeling are the top 2 most cost-effective strategies 
for reducing food waste, by economic value per ton 
diverted. 
(4) Wasted food costs consumers and industry 
money, squanders important natural resources that 
are used to grow, process, distribute, and store the 
food supply of the United States, and represents a 
missed opportunity to feed the millions of food inse-
cure households in the United States that are strug-
gling to access healthy, affordable food. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTERING SECRETARIES.—The term 
‘‘administering Secretaries’’ means— 
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(A) with respect to products described in 
paragraph (4)(A), the Secretary of Agriculture; 
and 
(B) with respect to products described in 
paragraph (4)(B), the Secretary of Health and 
Human Services. 
(2) FOOD LABELER.—The term ‘‘food labeler’’ 
means the producer, manufacturer, distributor, or 
retailer that places a date label on food packaging 
of a product. 
(3) QUALITY DATE.—The term ‘‘quality date’’ 
means a date voluntarily printed on food packaging 
that is intended to communicate to consumers the 
date after which the quality of the product may 
begin to deteriorate, but may still be acceptable for 
consumption. 
(4) 
READY-TO-EAT
PRODUCT.—The 
term 
‘‘ready-to-eat product’’ means— 
(A) with respect to a product under the ju-
risdiction of the Secretary of Agriculture, a 
product that— 
(i) is in a form that is edible without 
additional preparation to achieve food safe-
ty and may receive additional preparation 
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for palatability or aesthetic, epicurean, 
gastronomic, or culinary purposes; and 
(ii) is— 
(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 de-
fined 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 In-
spection Act (21 U.S.C. 1033); and 
(B) with respect to a food (as defined in 
section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321)) under the juris-
diction of the Secretary of Health and Human 
Services— 
(i) a food that is normally eaten in its 
raw state; or 
(ii) any other food, including a proc-
essed food, for which it is reasonably fore-
seeable that the food will be eaten without 
further processing that would significantly 
minimize biological hazards. 
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(5) SAFETY
DATE.—The term ‘‘safety date’’ 
means a date printed on food packaging of a ready- 
to-eat product, which signifies the end of the esti-
mated period of shelf life under any stated storage 
conditions, after which the product may pose a 
health safety risk. 
SEC. 4. QUALITY DATES AND SAFETY DATES. 
(a) QUALITY DATES.— 
(1) IN GENERAL.—If a food labeler includes a 
quality date on food packaging, the label shall use 
the uniform quality date label phrase under para-
graph (2). 
(2) UNIFORM
PHRASE.—The uniform quality 
date label phrase under this paragraph shall be 
‘‘best if used by’’, unless and until the administering 
Secretaries, acting jointly, specify through rule-
making another uniform phrase to be used for pur-
poses of complying with paragraph (1). 
(3) OPTION OF THE LABELER.—The decision to 
include a quality date on food packaging shall be at 
the discretion of the food labeler. 
(b) SAFETY DATES.— 
(1) IN GENERAL.—The label of a ready-to-eat 
product shall include a safety date that is imme-
diately preceded by the uniform safety date label 
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phrase under paragraph (2) if the ready-to-eat prod-
uct— 
(A) meets the criteria described in para-
graph (3)(A) and is not exempt under para-
graph (3)(B)(ii); or 
(B) is listed in accordance with paragraph 
(3)(B)(i). 
(2) UNIFORM
PHRASE.—The uniform safety 
date label phrase under this paragraph shall be ‘ex-
pires on’, unless and until the administering Secre-
taries jointly specify through rulemaking another 
uniform phrase to be used for purposes of complying 
with paragraph (1). 
(3) HIGH RISK READY-TO-EAT PRODUCTS.— 
(A) IN GENERAL.—The administering Sec-
retaries, acting jointly, shall describe criteria 
that determine what ready-to-eat products may 
have a high level of risk associated with con-
sumption after a certain date, including those 
that may be high or very high risk for Listeria 
monocytogenes or other contaminants or patho-
gens causing foodborne illness. 
(B) 
ADDITIONAL
FOODS; 
EXEMPT 
FOODS.—The administering Secretaries may, 
with respect to the products under the jurisdic-
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tion of the administering Secretaries, respec-
tively— 
(i) list additional ready-to-eat prod-
ucts that are high risk, but do not meet 
the criteria described in subparagraph (A); 
or 
(ii) exempt specific ready-to-eat prod-
ucts that meet the criteria described in 
subparagraph (A), but do not actually pose 
a high level of risk associated with con-
sumption after a certain date. 
(C) REVIEW AND UPDATES.—Not less than 
once every 4 years, the administering Secre-
taries, acting jointly, shall review and, as the 
administering Secretaries determine appro-
priate, shall update— 
(i) the criteria described in subpara-
graph (A); and 
(ii) the list and exemptions described 
in subparagraph (B). 
(c) QUALITY DATE AND SAFETY DATE LABELING.— 
(1) IN GENERAL.—The quality date and safety 
date, as applicable, and immediately adjacent uni-
form quality date label phrase or safety date label 
phrase shall be— 
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(A) in single easy-to-read type style using 
upper and lower case letters in the standard 
form; 
(B) in a type size no smaller than 8 point; 
and 
(C) located in a conspicuous place on the 
package of the food. 
(2) DATE
FORMAT.—Each quality date and 
safety date shall be stated in terms of day and 
month and, as appropriate, year. 
(d) GUIDANCE.—The Commissioner of Food and 
Drugs and the Secretary of Agriculture shall establish 
guidance for food labelers on how to determine quality 
dates and safety dates for food products. 
(e) SALE OR DONATION AFTER QUALITY DATE.—No 
one shall prohibit the sale, donation, or use of any product 
after the quality date for the product has passed. 
(f) EDUCATION.—Not later than 1 year after the date 
of enactment of this Act, the administering Secretaries, 
acting jointly, shall provide consumer education and out-
reach on the meaning of quality date and safety date food 
labels. 
(g) RULE OF CONSTRUCTION; PREEMPTION.— 
(1) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to prohibit any State or 
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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 
safety date. 
(2) PREEMPTION.—No State or political sub-
division of a State may establish or continue in ef-
fect any requirement that— 
(A) relates to the inclusion in food labeling 
of a quality date or a safety date that is dif-
ferent from or in addition to, or that is other-
wise not identical with, the requirements under 
this section; or 
(B) prohibits the sale or donation of foods 
based on passage of the quality date. 
(3) ENFORCEMENT.—The administering Secre-
taries, acting jointly and in coordination with the 
Federal Trade Commission, shall ensure that the 
uniform quality date label phrase and uniform safety 
date label phrase are standardized across all food 
products. 
(4) SAVINGS.—Nothing in this Act, nor any 
amendment made by this Act, nor any standard or 
requirement imposed pursuant to this Act shall be 
construed to preempt, displace, or supplant any 
State or Federal common law rights or any State or 
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Federal statute creating a remedy for civil relief, in-
cluding those for civil damage, or a penalty for 
criminal conduct. 
(h) TIME TEMPERATURE INDICATOR LABELS.— 
Nothing in this section shall be construed to prohibit or 
restrict the use of time-temperature indicator labels or 
similar technology that is consistent with the requirements 
of this Act. 
(i) DELAYED APPLICABILITY.—This section shall 
apply only with respect to food products that are labeled 
on or after a date that is 2 years after the date of enact-
ment of this Act. 
SEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES 
AND SAFETY DATES IN FOOD LABELING. 
(a) FDA VIOLATIONS.—Section 403 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend-
ed by adding at the end the following: 
‘‘(z) if its labeling is in violation of section 4 of the 
Food Date Labeling Act of 2016 (relating to quality dates 
and safety dates).’’. 
(b) POULTRY PRODUCTS.—Section 4(h) of the Poul-
try Products Inspection Act (21 U.S.C. 453(h)) is amend-
ed— 
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
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the progress in the reduction of food waste that can be 
attributed to the standardization of food date labeling and 
consumer education required by this Act and the amend-
ments made by this Act. 
Æ 
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