Date Labels on Packaged Foods: USDA and FDA Could Take Additional Steps to Reduce Consumer Confusion
Released: 2019-09-09T00:00:00

Letter

Background

In general, date labels on packaged foods are not required by federal regulations, except in the case of infant formula. However, manufacturers may choose to provide date labels to help consumers and retailers decide when the food is of best quality. These date labels may carry different introductory phrases, such as ‘“best by,” “sell by,” “use by,” or “best if used by,” prior to the date, according to the preference of the manufacturer. In most cases, these labels indicate quality or freshness (i.e., the last date by which the manufacturer believes the food will be fresh or taste best), according to USDA. However, according to representatives from the Food Marketing Institute, because date labels are not federally regulated, manufacturers use a number of different date labels across industry, and this variation in date labels may result in consumer confusion about the meaning of the labels.

Consumer confusion about date labels on packaged foods contributes to food waste, according to various studies. Due to this confusion about what date labels mean, consumers may throw out food that is safe to eat, even if the food does not have visible signs of spoilage, according to these studies. For example, in a 2017 study, participants were asked to state what they thought a particular date label on a certain packaged food meant. The study found that participants did not have a consistent understanding of date labels—some thought the labels indicated safety, and some thought they indicated quality, and others were unsure what the labels meant. Furthermore, three studies estimated that from 34 percent to 70 percent of consumers think that their risk of foodborne illness increases if they consume a packaged food product past the date label. In addition to confusion about the meaning of date labels, one study found that consumers are confused about who is responsible for date labels. According to the study, more than one-third of consumers surveyed believed the federal government regulates date labels, and 26 percent were unsure.

Federal and Nonfederal Roles Related to Date Labels

USDA and FDA share oversight of nearly all the nation’s food supply but do not regulate most date labels and are not required to do so by federal law. USDA is responsible for the safety and proper labeling of meat, poultry, and egg products, and FDA is responsible for the safety and proper labeling of virtually all other foods. Within USDA, FSIS is the public-health agency responsible for ensuring that meat, poultry, and processed egg products are safe, wholesome, and accurately labeled. According to FSIS, its goals include lowering the incidence of pathogens that cause foodborne illnesses and limiting the occurrence of outbreaks, and ensuring that regulated products are properly packaged and labeled so consumers have access to important information about the product. Also within USDA, AMS provides voluntary quality-grading programs for producers of products such as milk, eggs, and meat. These quality- grading programs are paid for by the producers of these commodities and can require, among other things, that producers participating in these programs use date labels. In addition, USDA has research components that could address issues relating to date labels. For example, USDA’s National Institute of Food and Agriculture supports research through grants to individuals, institutions, and organizations, and the Economic Research Service conducts economic research to inform and enhance decision-making.

FDA has statutory authority to regulate the safety of foods and nutrition labels on packaged foods not regulated by FSIS. However, the agency is not required by statute to regulate the use of date labels. FDA also exercises its general authority to assist state and local governments with food safety efforts through its State Cooperative Programs specifically for Grade A milk, molluscan shellfish, and retail and food-service establishments. As part of these programs, FDA provides technical support, guidance, and training to help its regulatory partners with reducing foodborne illnesses associated with these commodities. Also, in coordination with its regulatory partners and industry, FDA develops guidance, including guidance on date labels for certain products and in certain circumstances. Such guidance represents FDA’s best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service.

State, Municipal, and Tribal Governments

As we reported in May 2016, the federal food safety oversight system is supplemented by states, localities, tribes, and territories, which may have their own laws and agencies to address the safety and quality of food. Generally, state, local and tribal governments may choose whether to regulate date labels on packaged foods. For example, the majority of states and the District of Columbia have some date labeling requirements for, most commonly, shellfish, dairy, and eggs, as figure 1 shows.

Additionally, some states and the District of Columbia prohibit retailers from selling some packaged foods to consumers if the date on the label has passed. Furthermore, some municipalities choose to regulate date labels in addition to, or in the absence of, state regulations. For example, while Maryland prohibits the sale of grade “A” milk or milk products past the “Sell by” date marked on its cap or container, the city of Baltimore generally prohibits the sale of any perishable food past its expiration date. Tribal governments may also have regulations that address labels on packaged food. For example, the Navajo Nation Code has requirements related to labeling of some packaged foods, such as shellfish.

Industry

Where no state or local regulations are in place regarding date labeling, manufacturers may decide which of their packaged food products display a date label and what wording to use on the date label. Estimates on the number of different date labels currently in use across industry vary. Figure 2 below provides examples of introductory phrases for date labels currently used by packaged food manufacturers.

In response to consumer confusion about date labels and resulting food waste, two industry associations, the Food Marketing Institute and the Grocery Manufacturers Association, in 2017 announced a voluntary industry initiative to encourage manufacturers and retailers to standardize date labels on packaged foods. This initiative calls for manufacturers to use either of two introductory phrases for date labels on packaged foods: (1) a “best if used by” label as an indication of product quality and (2) “use by” for certain perishable products that may be more susceptible to degradation of quality or potential food safety concerns. In December 2018, the Food Marketing Institute and the Grocery Manufacturers Association reported that in a consumer survey on these date labels, 88 percent of those surveyed said these two date label phrases were clear to them and 85 percent said they were helpful.

Advocacy Groups, International Organizations, and Countries

Some advocacy groups work to reduce consumer confusion over date labels as part of their overall food waste reduction efforts. For example, Rethink Food Waste Through Economics and Data (ReFED), an advocacy group committed to reducing food waste in the United States, in 2016 issued a report that outlined key steps to reduce food waste. The report listed standardizing date labeling as one of the top three solutions to reducing food waste with the greatest economic value and net environmental benefit. According to representatives from ReFED, the organization works alongside industry to promote the Food Marketing Institute and the Grocery Manufacturers Association joint voluntary initiative by providing manufacturers with a tool they can use to determine which wording to use on date labels for different products. In addition, according to these representatives, ReFED is developing methods to disseminate information to consumers about the meaning of date labels.

Representatives from the Natural Resources Defense Council (NRDC), an international nonprofit environmental advocacy organization, said that NRDC is coordinating with the National Ad Council, a nonprofit organization that provides public-service communications, to develop a multiyear outreach and education campaign aimed at reducing household food waste. According to NRDC representatives, this joint effort may include information about date labels. Furthermore, in 2017, NRDC and the Harvard Food Law and Policy Clinic issued a report that found that the lack of standard date labels leads to a mistaken belief that past-date food is unsafe to consume, which causes unnecessary waste. The report called for Congress to pass legislation or for FDA and USDA to work together to create uniform regulations that standardize date labels throughout the nation.

International entities have also taken steps to address date labeling practices and make date labels clearer to consumers. For example, according to its website, the Consumer Goods Forum—an association of 400 manufacturers and retailers across 100 countries that sell globally— has teamed up to help meet the United Nations sustainable development goal that calls for cutting in half per capita global food waste at the retail and consumer levels and reducing food losses along production and supply chains by 2030. As part of this effort to reduce food waste, the Consumer Goods Forum has called for standardized date labels.

Other countries have also taken steps to address date labels. For example, in the United Kingdom, in 2008 a nonprofit group conducted research that found that consumers threw out about 22 percent of food that they could have eaten, because they were confused about what the date labels meant. In 2015, the United Kingdom government issued guidance on date labels, specifically that packaged foods must display either a “best before” or “use by” date on the packaging or label of prepacked food products. According to this United Kingdom guidance, a “use by” date label communicates that there may be a safety issue with consuming the product after the date. Furthermore, selling food that is past its “use by” date is prohibited in the United Kingdom. Additionally, the Canadian government has standardized date labels, requiring that prepackaged products with a durable life of 90 days or less be labeled with date markings and storage instructions, where applicable. Such foods must display “best before” and its corresponding French, “meilleur avant.”

Federal and International Roles Related to Food Loss and Waste

According to a 2014 USDA report, food loss and waste represents significant amounts of money and other resources invested in food production, including land, fresh water, labor, energy, agricultural chemicals (e.g., fertilizer, pesticides), and other inputs to produce food that does not ultimately meet its intended purpose of feeding people. Furthermore, according to the 2014 report, reducing food waste will become an increasingly important strategy in the future to help feed a growing human population both here and abroad. In the United States, USDA and EPA are leading the federal government’s efforts to reduce food loss and waste, according to officials from the Office of Management and Budget and the Council on Environmental Quality. For example, in 2013, USDA and EPA launched the U.S. Food Waste Challenge for participants across the food supply chain to share best practices on reducing, recovering, and recycling waste. Furthermore, in September 2015, USDA and EPA announced a national goal to reduce food loss and waste in the United States by 50 percent by 2030, which aligns with the United Nations sustainable development goal that calls for cutting in half per capita global food waste. According to FDA officials, the agency was not involved with establishing the national goal because the agency has a limited mission related to food loss and waste; it is primarily responsible for protecting public health by ensuring the safety of the nation’s food supply, among other things.

USDA and FDA Have Taken Steps to Address Consumer Confusion about Date Labels USDA Has Issued Guidance for Consumers and Industry

USDA and FDA have taken steps to address consumer confusion about date labels on packaged foods. For example, USDA has issued guidance to consumers and industry, promulgated regulations and implemented policies, and funded research on issues related to date labeling. In addition, FDA has issued information to consumers and supported industry efforts to standardize date labels.

In December 2016, USDA’s FSIS announced the availability of a fact sheet that provides guidance related to date labels for industry and consumers. The fact sheet, among other things, explains the meaning of commonly used phrases on date labels and recommends that grocery manufacturers and retailers that use date labels on their products use the language “best if used by” to reduce consumer confusion and resulting food waste. According to an FSIS announcement at the time, the agency chose this phrase because research showed that consumers easily understand the phrase as an indicator of food quality rather than food safety. FSIS also solicited comments on the fact sheet and, in April 2019, after receiving and reviewing comments, updated the fact sheet by, among other things, adding “freeze by’“ to the list of phrases commonly used on labels to describe food quality dates. Figure 3 shows excerpts from the 2019 fact sheet.

In addition, FSIS offers a smartphone application (app), called FoodKeeper, that provides information for consumers on the shelf life of products, how to use food when it is at peak quality, and how to store food properly. FSIS developed the FoodKeeper app in 2015 in partnership with Cornell University and the Food Marketing Institute. The app offers users advice on how to store more than 650 food and beverage items, with specific storage timelines for the refrigerator, freezer, and pantry, depending on the nature of the product. In addition, the app allows consumers to note in their devices’ calendars when they purchased the products and to receive notifications when these products are near the end of their recommended storage date, among other things.

According to FSIS, the agency is working on an updated version of the app.

USDA Has Promulgated Regulations and Implemented Policies

USDA has promulgated regulations and implemented policies related to required or voluntary date labels on certain products, such as poultry and eggs, and on foods used for its nutrition assistance programs. For example, FSIS has promulgated regulations that require that either the immediate container or the shipping container of all poultry food products be marked with a code or with the date the product was packed. According to FSIS, while USDA does not require date labeling for quality or food safety for products under its purview, the agency requires this “pack date’’ for poultry products to help the agency identify product lots and facilitate trace-back activities in the event of an outbreak of foodborne illness. Additionally, FSIS has promulgated regulations regarding voluntary date labeling. While there are no regulations requiring meat products to have a calendar date, a meat manufacturer may voluntarily place a date on the package. For both poultry and meat products, FSIS’s regulations regarding language on these labels require that this date contain the day and month and be accompanied by a phrase explaining the meaning of the date, specifically “packing” date, “sell by,” or “use before.” The regulations also give manufacturers the option of adding a further qualifying phrase such as “for maximum freshness” or “for best quality.” In the case of meat and poultry products that are hermetically sealed, dried, or frozen, the year must be included as well, to prevent misleading consumers. According to FSIS, a retailer cannot remove or change the date while the product remains in its original packaging if a meat or poultry manufacturer voluntarily places a date on the package.

In addition, AMS has promulgated regulations regarding a voluntary egg grademark program, in which egg producers may obtain a USDA grademark, or shield, on their eggs that indicates they meet applicable quality and size standards. The regulations contain requirements related to date labels. Among other requirements to obtain a grademark, the cartons or consumer packaging containing these eggs must show the day of the year on which the eggs were packed. Specific introductory phrasing for the date label—such as sell by, best by, or use before—is not required, but if these terms are used, AMS policies restrict the number of days from the pack date that can be used on a date label. An egg producer may choose to not use an expiration date and still receive AMS certification, but the lot number must be present on each carton. Cartons not identified with a USDA grademark are not subject to federal regulation; however, regardless of whether the eggs bear a USDA grademark, they are subject to state and local date labeling requirements.

Furthermore, USDA’s Food and Nutrition Service, which administers 15 federal nutrition assistance programs, policy, last updated in 2017, clarifies that date labels indicate quality, not safety. This policy references the agency’s regulation that prohibits distributors of food assistance from providing food with expired date labels or food that is “out-of-condition,” regardless of the date on the label, to recipients of any Food and Nutrition Service programs. The policy states that, to give program recipients the opportunity to eat all donated foods before their expiration dates, distributors and recipient agencies should use an inventory-management system that distributes products marked with the earliest end date first, even if they were received after other similar products.

USDA Funded Research Related to Date Labels

From 2008 through 2018, USDA provided funding for two grants related to date labels, resulting in three studies: one grant resulted in a 2008 study, and the other grant resulted in studies in 2017 and 2018.

The 2008 study assessed participant understanding of date labels on ready-to-eat meat and poultry products to minimize the risk of listeriosis in vulnerable populations. The study found that participants paid attention to the date labels but varied highly in their interpretation of the statements. However, they generally interpreted “sell by” date labels as primarily intended for the retailer’s use on when to pull stock and “best if used by” labels as pertaining more to quality than safety considerations. The researchers reported that participants considered “use by” statements clearer and more helpful than “sell by” or “best if used by” labels and that they believed there was a need for a standardized approach to labeling. The study recommended that if a “sell by” date is used on a product solely for the store to know when to pull a product off the shelf, then a “consume or use by” date should also be implemented on behalf of the consumer.

The 2017 study examined, among other things, consumer understanding of phrases on date labels—specifically, “best by,” “fresh by,” “sell by,” and “use by”—on specific products and how these labels affected the participants’ willingness to waste the food. The study found that participants had different levels of willingness to waste food depending on the phrase on the label. In the study, willingness to waste was highest for “use by” and lowest for “sell by,” and this difference held regardless of the product. The researchers suggested that this could be because “use by” may be the least ambiguous and suggestive of food safety, while, conversely, “sell by” may the most ambiguous and least suggestive of food safety. The researchers suggested that if manufacturers move exclusively to the “sell by” date label, this could lead to less waste in the food system. However, while the study identified phrases least likely to result in food waste, it focused on only three products and did not address or make recommendations about steps federal agencies could take to address consumer confusion about date labeling.

The 2018 study examined consumer perception of date labels— specifically, “use by” and “best by”—on deli meat and spaghetti sauce. The study found that participants had differing perceptions of date labels by product and what each introductory phrase on the labels meant—that is, whether they reflected safety, quality, taste, or nutrition. Generally, the study found that consumers tended to view “use by” as reflective of safety and nutrition, and “best by” as indicative of quality and taste.

The three studies looked at consumer confusion on date labels on certain packaged foods but did not determine which introductory phrase for a date label would be most effective for reducing such confusion across a wide range of products that consumers may purchase, quantify the impact of such confusion on food waste, or determine steps USDA or other federal agencies could take to reduce waste resulting from such confusion. USDA’s 2014 report on food waste noted that food loss (particularly the food waste component) was becoming an increasingly important topic both domestically and internationally. Moreover, according to that report, better estimates of the amount and value of food loss, including food waste, could help serve as quantitative baselines for policymakers and the food industry to set targets and develop initiatives, legislation, or policies to minimize food waste, conserve resources, and improve human nutrition. Previously, we have reported that the nation’s increasingly tight budget environment underscores the need for federal research agencies to set priorities carefully and make effective use of limited research funding. USDA officials told us that their awareness of the role of consumer confusion about date labels and its effect on food waste had increased over time. Furthermore, these officials told us they planned to consider funding additional research if their process for determining research priorities indicates additional research is needed.

FDA Regulates Date Labels on Infant Formula, Has Provided Information on Date Labels to Consumers, and Has Supported Industry Efforts to Standardize Date Labels

FDA has taken some actions related to date labeling, such as promulgating regulations regarding date labels on infant formula. For example, since 1985, FDA has required that infant formula display a specific “use by” date on each container of infant formula, which specifies the date after which the formula should not be fed to infants. According to FDA, this label indicates that the manufacturer guarantees the nutrient content and the general acceptability of the quality of the formula up to that date.

In addition, since 1993, FDA has published the Food Code, a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer. According to FDA, it represents the agency’s best advice for a uniform system of regulation that address the safety and protection of food offered at retail and in food service, and, while it is not a federal requirement, it is designed to be consistent with federal food laws and regulations. The 2017 FDA Food Code, which is the most recent, contains limited provisions related to date labels applied by manufacturers of packaged foods sold in retail food stores and food-service establishments. For example, the Food Code contains a provision regarding shellfish. It specifies that retailers should only obtain shucked shellfish in packages that identify the “sell by” or “best if used by” date for packages of less than a half-gallon or the date shucked for those of a half-gallon or more.

According to Food and Drug Administration (FDA) documents, in response to infant- formula products that were causing illnesses among children because the products lacked sufficient nutrients and industry had too much discretion to decide the appropriate nutritional content of these products, Congress passed the Infant Formula Act of 1980. The act mandates that FDA set uniform standards for the nutritional content of infant formula. Under this act, FDA established a range of regulations affecting infant formula, including a requirement that its labels include “use by” dates. The regulations mandate that manufacturers determine dates on infant formula based on tests that prove the concentration of nutrients is adequate for the health of children up to the marked date. In addition to displaying a “use by” label, manufacturers are required to regularly test for the harmful pathogens (disease-causing bacteria) Salmonella and Cronobacter and demonstrate that the infant formula they produce supports normal physical growth.

Additionally, the Food Code’s provisions regarding the labeling of packaged foods state that “food establishment or manufacturers’ dating information on foods may not be concealed or altered.” However, the Food Code is voluntary and does not have provisions for the use of open- code date labels. The Food Code establishes limits for the time that a refrigerated, ready-to-eat food that has been opened or prepared in a food establishment may be held prior to sale or service. The date the food shall be consumed, sold, or discarded must be clearly marked; however, the date is not required to be visible to consumers and is handled separately from the disposition of packaged foods on which a manufacturer has voluntarily placed a date label. The Food Code also specifies how foods prepared in-house using specialized processing methods, such as reduced-oxygen packaging, are to be labeled to ensure they are stored, displayed for sale, or consumed within time limits considered adequate to reduce the risk of foodborne illness.

In October 2017, FDA issued information on its website for consumers with food safety tips for foods purchased or received from a charity or bargain store. For example, according to the information, an expired “sell by” date does not necessarily mean that a food is spoiled or unsafe. However, in some cases, if food has not been handled safely, illness- causing bacteria may grow. In addition, the information states that consumers should avoid purchasing packaged foods that require refrigeration and that are past the “use by” or “sell by” dates because these foods may be perishable and may have begun to spoil.

Moreover, in May 2019, FDA published an educational fact sheet for consumers on reducing food waste while maintaining food safety. This fact sheet includes information about the meaning of language on date labels, as consumers may waste food if they misunderstand what date labels actually mean. For example, it explains that a “best if used by” date indicates that a product will be at its best flavor and quality. On the fact sheet, FDA recommends consumers download USDA’s FoodKeeper app to know how long various food products will keep in the pantry, in the refrigerator, and in the freezer.

Furthermore, FDA has promoted a voluntary industry initiative to standardize approaches to date labeling of packaged foods and improve consumer understanding of the meaning of date labels. In May 2019, FDA issued a letter to industry that described FDA’s position on the voluntary industry standard proposed by the Food Marketing Institute and the Grocery Manufacturers Association in January 2017. This voluntary industry standard called for using the “best if used by” introductory phrase in quality-based date labels on packaged foods. FDA said the agency strongly supports industry’s voluntary efforts to use the “best if used by” introductory phrase when grocery manufacturers choose to include a quality-based date label to indicate when a product will be at its best flavor and quality. While the Food Marketing Institute and the Grocery Manufacturers Association recommended the use of the introductory phrase “use by” to indicate the date by which products should be consumed or discarded for safety reasons, FDA did not address the “use by” product date label for safety reasons in the agency’s letter to industry.

USDA and FDA Have Taken Steps to Coordinate with Each Other and Some Stakeholders but Have Not Coordinated with Other Stakeholders on an Approach to Date Labels

USDA and FDA Have Coordinated on Some Initiatives

USDA and FDA have coordinated on some initiatives focused specifically on date labels on packaged foods. For example, USDA and FDA officials told us the agencies are working together to develop information for food banks, food donors, and recipients of donated food regarding how to interpret date labels on packaged foods donated to food banks to ensure that food that is past the date on the label—but otherwise edible—is not wasted. USDA officials told us the agencies plan to finalize this information in 2019.

USDA and FDA are also collaborating with EPA on an initiative to reduce food loss and waste. In October 2018, USDA, FDA, and EPA signed a formal interagency agreement, referred to by the agencies as the Winning on Reducing Food Waste Initiative. The formal agreement states the agencies are committed to increasing collaboration and coordination in existing federal programs in areas of mutual interest relating to the reduction of food loss and waste, and to developing an interagency strategy to address this issue. According to USDA’s website, as part of this collaborative effort, the agencies agreed to coordinate food loss and waste actions, such as education and outreach, research, community investments, voluntary programs, public-private partnerships, tool development, technical assistance, event participation, and policy discussions on the impacts and importance of reducing food loss and waste. According to the agreement, the agencies will seek to work together at the federal level with actors throughout the entire food supply chain to leverage the private and nongovernmental sectors. Specifically, the agreement states the agencies will seek to educate these actors on best practices to reduce food loss and waste in the growing, manufacturing, transporting, selling and disposing of food, handling, preparation and storage of food, as well as creating new uses for excess food.

After announcing the formal agreement in October 2018, the three agencies in April 2019 announced a federal interagency strategy to prioritize and coordinate their efforts as they implement the formal agreement. This strategy identifies date labeling as a priority action area and states that “establishing and communicating clearer, coordinated voluntary guidance on food date labels and liability protection around food donation could help increase food recovery and lead to reductions in food waste and food insecurity.” In the strategy, the agencies state that they built on information from several sources, including EPA and USDA’s Call to Action by Stakeholders: United States Food Loss & Waste 2030 Reduction Goal and two reports from nonprofit organizations, all of which cited clarifying or standardizing date labels as a key element for food loss and waste reduction efforts.

Establishing a formal agreement is a positive step and aligns with leading practices for interagency collaboration. We have previously found that interagency collaborations benefit from collaborative mechanisms, such as written agreements, in that agencies can strengthen their commitment to working collaboratively, which USDA and FDA have done.

USDA and FDA Have Taken Steps to Work with Some Nonfederal Stakeholders to Address Date Labels but Have Not Coordinated with Others

In addition to steps they have taken toward interagency collaboration, USDA and FDA have taken steps to work with some nonfederal stakeholders—nonprofit organizations and an international organization— on date labeling. For example, in February 2019, USDA, EPA, and FDA met with NRDC and the Ad Council to discuss campaigns to inform the public about ways to reduce food loss and waste, which includes consumer education on date labeling. According to FDA officials, the agencies will meet with the two groups later in 2019 to continue this discussion. In addition, in April 2019, in keeping with the goal in the agencies’ Winning on Reducing Food Waste Initiative to expand collaboration with nonfederal stakeholders, EPA, FDA, and USDA signed a formal agreement with ReFED to collaborate on efforts to reduce food loss and waste. The agreement outlines actions the agencies and ReFED agree to take, including that the agencies will consult with ReFED to develop approaches for measuring the success of various strategies and techniques being deployed nationwide to reduce food waste.

Furthermore, USDA and FDA provide senior staff and executive delegates to represent the United States at the Codex Alimentarius Committee on Food Labelling, among other committees under the purview of the Codex Alimentarius Commission. The commission, an international intergovernmental body, produces the Codex Alimentarius, or “Food Code,” a collection of standards, guidelines, and codes of practice related to food, food production, and food safety. In 2018, the commission revised its voluntary guidance on date labeling to clarify the distinction between dates based on food quality and those based on food safety. Because the Codex Alimentarius is a voluntary reference standard, its guidance, including on date labels, is not binding on member countries, including the United States.

However, USDA and FDA have not consulted with all relevant stakeholders. For example, state and local officials we spoke with told us that USDA and FDA had not collaborated with them or consulted them on approaches to date labels. In our prior work, we identified a leading practice for interagency collaboration that calls for ensuring that the relevant participants are included in interagency collaborative efforts. Such efforts can include other federal agencies; state, local, and tribal governments; industry; and nonprofit advocacy organizations. Generally, state, local and tribal governments may choose whether to regulate date labels on packaged foods. For example, the majority of states and the District of Columbia have date labeling requirements. Advocacy organizations and state officials told us that efforts at reducing consumer confusion about date labels could be hindered without federal leadership, as states may continue to have varying approaches. USDA and FDA officials told us that they did not have a specific mechanism to coordinate or consult with state, local, or tribal officials on creating a common approach to date labels. By developing a mechanism to facilitate coordination with nonfederal stakeholders—including state, local, and tribal governments—on actions related to date labels as part of their efforts to reduce food loss and waste, USDA and FDA could better assure that approaches they take to address consumer understanding of date labels are effective in helping reduce consumer confusion and resulting effects such as wasted food.

Conclusions

USDA and FDA have taken important steps toward reducing consumer confusion about date labels by, among other things, providing information to consumers and, in USDA’s case, by conducting research on food waste. In addition, in October 2018, USDA, FDA, and EPA signed a formal agreement aimed at improving coordination and communication across federal agencies to educate Americans about the benefits of reducing food loss and waste.

However, although USDA and FDA have taken steps to work with some nonfederal stakeholders, such as ReFED, on date labels, they have not worked with state, local, and tribal governments. We have identified that ensuring relevant stakeholders have been included in the collaborative effort as a leading collaboration practice. By developing a mechanism to facilitate coordination with relevant nonfederal stakeholders on actions related to date labels as part of their efforts to reduce food loss and waste, USDA and FDA could better assure that approaches they take to address consumer understanding of date labels are effective in helping reduce consumer confusion and resulting effects such as wasted food.

Recommendations for Executive Action

We are making two recommendations to the agencies in our review:

The Secretary of Agriculture should work with the Commissioner of FDA to develop a mechanism to facilitate coordination with relevant nonfederal stakeholders, including state, local, and tribal governments, on actions related to date labels as part of their efforts to reduce food loss and waste. (Recommendation 1)

The Commissioner of FDA should work with the Secretary of Agriculture to develop a mechanism to facilitate coordination with relevant nonfederal stakeholders, including state, local, and tribal governments, on actions related to date labels as part of their efforts to reduce food loss and waste. (Recommendation 2)

Agency Comments and Our Evaluation

We provided a draft of this report to the Departments of Agriculture and Health and Human Services for review and comment. In its comments, reproduced in appendix I, USDA agreed with our recommendation to the agency and described current and future actions to implement the recommendation. Similarly, in its comments, reproduced in appendix II, the Department of Health and Human Services agreed with our recommendation to it and described current and future actions to implement the recommendation. USDA and the Department of Health and Human Services provided technical comments, which we incorporated as appropriate.

We are sending copies of this report to the appropriate congressional committees; the Secretaries of Agriculture and Health and Human Services; and other interested parties. In addition, the report will be available at no charge on the GAO website at http://www.gao.gov.

If you or your staff members have any questions about this report, please contact me at (202) 512-3841 or morriss@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. GAO staff members who made contributions to this report are listed in appendix III.

Appendix I: Comments from the U.S. Department of Agriculture

Appendix II: Comments from the U.S. Department of Health and Human Services

Appendix III: GAO Contact and Staff Acknowledgments

GAO Contact

Staff Acknowledgments

In addition to the contact named above, Anne K. Johnson (Assistant Director), David Bennett (Analyst-in-Charge), Tara Congdon, and Jordan Mettica made key contributions to this report. Carol Bray, Kevin Bray, Serena Lo, Oliver Richard, Danny Royer, Kiki Theodoropoulos, and Sarah Veale also contributed to this report.