I 
117TH CONGRESS 
1ST SESSION H. R. 6167 
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 
DECEMBER 7, 2021 
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 provi-
sions 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. 
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 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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life under any stated storage conditions, after which 
the food labeler advises the product not be con-
sumed. 
(3) FOOD LABELER.—The term ‘‘food labeler’’ 
means the producer, manufacturer, distributor, or 
retailer that places a date label on food packaging 
of a product. 
(4) 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— 
(A) the quality of the product may begin 
to deteriorate; but 
(B) the product remains apparently whole-
some 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 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 
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‘‘BEST If Used By’’ or, if permissible under sub-
section (c)(3), the standard abbreviation of ‘‘BB’’, 
unless and until the administering Secretaries, act-
ing jointly, specify through rulemaking another uni-
form phrase to be used for purposes of complying 
with paragraph (1). 
(3) OPTION OF THE LABELER.—The decisions 
on whether to include a quality date on food pack-
aging and which foods should be so labeled shall be 
at the discretion of the food labeler. 
(b) DISCARD DATES.— 
(1) IN GENERAL.—If a food labeler includes a 
discard date on food packaging, the label shall use 
the uniform discard date label phrase under para-
graph (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 joint-
ly, specify through rulemaking another uniform 
phrase to be used for purposes of complying with 
paragraph (1). 
(3) OPTION OF THE LABELER.—The decisions 
on whether to include a discard date on food pack-
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aging and which foods should be so labeled shall be 
at the discretion of the food labeler. 
(c) QUALITY DATE
AND DISCARD DATE LABEL-
ING.— 
(1) IN GENERAL.—The quality date or discard 
date, as applicable, and immediately adjacent uni-
form quality date label phrase or discard date label 
phrase— 
(A) shall be— 
(i) in single easy-to-read type style; 
and 
(ii) located in a conspicuous place on 
the package of the food; and 
(B) may be on the label or, at the discre-
tion of the food labeler, elsewhere on the pack-
age. 
(2) DATE FORMAT.—Each quality date and dis-
card date shall be stated in terms of day and month 
and, as appropriate, year. 
(3) ABBREVIATIONS.—A food labeler may use a 
standard abbreviation of ‘‘BB’’ and ‘‘UB’’ for the 
quality date and discard date, respectively, only if 
the food packaging is too small to include the uni-
form phrase described in subsection (a)(2) or (b)(2), 
as applicable. 
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(4) FREEZE BY.—A food labeler may add ‘‘or 
Freeze By’’ following a quality date or discard date 
uniform phrase. 
(d) EDUCATION.—Not later than 1 year after the 
date of enactment of this Act, the administering Secre-
taries, acting jointly, shall provide consumer education 
and outreach on the meaning of quality date and discard 
date 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 con-
tinuing 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 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321)); or 
(B) affects the requirements relating to in-
fant formula under section 412 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
350a) or any other applicable provision of law. 
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(3) 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 discard date that is dif-
ferent from or in addition to, or that is other-
wise 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 Secre-
taries, acting jointly and in coordination with the 
Federal Trade Commission, shall ensure that the 
uniform quality date label phrase and uniform dis-
card 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 pursu-
ant 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, in-
cluding a remedy for civil damage, or a penalty for 
criminal conduct. 
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(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 sub-
section (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 amend-
ed by adding at the end the following: 
‘‘(z) If it is food and its labeling is in violation of 
section 3 of the Food Date Labeling Act of 2021.’’. 
(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; 
(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 2021.’’. 
(c) MEAT PRODUCTS.—Section 1(n) of the Federal 
Meat Inspection Act (21 U.S.C. 601(n)) is amended— 
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