I 
116TH CONGRESS 
1ST SESSION H. R. 3981 
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 
JULY 25, 2019 
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 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
(1) ADMINISTERING SECRETARIES.—The term 
‘‘administering Secretaries’’ means— 
(A) the Secretary of Agriculture with re-
spect to any product that is under the Sec-
retary of Agriculture’s jurisdiction and is— 
(i) a poultry product, as defined in 
section 4 of the Poultry Products Inspec-
tion 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 sec-
tion 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 
under the Secretary of Health and Human 
Services’ jurisdiction and is 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 food packaging, 
which signifies the end of the estimated period of 
shelf life under any stated storage conditions, after 
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
which the food labeler advises the product not be 
consumed. 
(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)(2) of 
section 22 of the Child Nutrition Act of 1966 
(42 U.S.C. 1791(b)(2)); also known as the Bill 
Emerson Good Samaritan Food Donation Act). 
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 
VerDate Sep 11 2014 
23:22 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘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-
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
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. 
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
(4) FREEZE BY.—A food labeler may add ‘‘or 
Freeze By’’ following a quality date or discard date 
uniform phrase. 
(d) INFANT FORMULA.—This Act and the amend-
ments made by this Act— 
(1) do not apply 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))); and 
(2) shall not be construed to affect the require-
ments pertaining to infant formula under section 
412 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 350a) and other applicable provisions of 
law. 
(e) 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. 
(f) RULE OF CONSTRUCTION; PREEMPTION.— 
(1) RULE OF CONSTRUCTION.—Nothing in this 
Act or the amendments made by this Act shall be 
construed to prohibit any State or political subdivi-
sion of a State from establishing or continuing in ef-
fect any requirement that prohibits the sale or dona-
tion of foods based on passage of the discard date. 
VerDate Sep 11 2014 
23:22 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
(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 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. 
(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 dis-
card date label phrase are standardized across all 
food products. 
(4) SAVINGS.—Notwithstanding paragraph (2), 
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 Federal statute creating 
a remedy for civil relief, including those for civil 
damage, or a penalty for criminal conduct. 
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
(g) TIME
TEMPERATURE
INDICATOR
LABELS.— 
Nothing in this Act or the amendments made by this Act 
shall be construed to prohibit or restrict 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 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 2019.’’. 
(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 2019.’’. 
(c) MEAT PRODUCTS.—Section 1(n) of the Federal 
Meat Inspection Act (21 U.S.C. 601(n)) is amended— 
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS
(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 2019.’’. 
(d) EGG PRODUCTS.—Section 7(b) of the Egg Prod-
ucts Inspection Act (21 U.S.C. 1036(b)) is amended in 
the first sentence by adding before the period at the end 
‘‘or if its labeling is in violation of section 3 of the Food 
Date Labeling Act of 2019’’. 
SEC. 5. REGULATIONS. 
Not later than 2 years after the date of enactment 
of this Act, the Secretaries, acting jointly, shall promul-
gate final regulations for carrying out the provisions of 
this Act and the amendments made by this Act. 
SEC. 6. 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 pro-
mulgation of final regulations under section 5. 
Æ 
VerDate Sep 11 2014 
02:45 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H3981.IH
H3981
pamtmann on DSKBFK8HB2PROD with BILLS