Food Date Labeling Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4987 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4987

To establish requirements for quality and discard date phrases that are
   voluntarily declared on the food label to display calendar dates.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 15, 2025

  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 provisions as fall within the jurisdiction of the committee
                               concerned

_______________________________________________________________________

                                 A BILL

To establish requirements for quality and discard date phrases that are
   voluntarily declared on the food label to display calendar dates.

    Be it enacted by the Senate and House of Representatives 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 2025''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administering secretaries.--The term ``administering
        Secretaries'' means--
                    (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)); or
                            (III) an egg product (as defined in section
                        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--
                            (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 phrase.--The term ``discard date phrase''
        means a phrase voluntarily printed on a food packaging that
        signifies the end of the estimated period of shelf life under
        any stated storage conditions, after which the entity
        responsible for the food label advises the product not be
        consumed.
            (3) Quality date phrase.--The term ``quality date phrase''
        means a phrase voluntarily printed on a food packaging that is
        intended to communicate to consumers when--
                    (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))).

SEC. 3. QUALITY DATE PHRASES AND DISCARD DATE PHRASES.

    (a) Quality Date Phrases.--
            (1) In general.--If a quality date is used on a food
        package, such quality date shall be 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'' or, if
        permissible under subsection (c)(3), the standard abbreviation
        of ``BB'', unless and until the administering Secretaries,
        acting in coordination, specify through rulemaking another
        uniform phrase to be used for purposes of complying with
        paragraph (1).
            (3) Option of the entity responsible for the food label.--
        The decisions of whether to include a quality date or quality
        date phrase 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 Date Phrases.--
            (1) In general.--If a discard date is used on food
        packaging, such discard date shall be 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'' or, if permissible
        under subsection (c)(3), the standard abbreviation of ``UB'',
        unless and until the administering Secretaries, acting in
        coordination, specify through rulemaking another uniform phrase
        to be used for purposes of complying with paragraph (1).
            (3) Option of the entity responsible for the food label.--
        The decisions of whether to include a discard date or discard
        date phrase 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 Phrase and Discard Date Phrase Labeling.--
            (1) In general.--The quality date or discard date, as
        applicable, shall be--
                    (A) in single easy-to-read type style; and
                    (B) located in a conspicuous and prominent place on
                the food label or elsewhere on the package.
            (2) Date format.--The format of each quality date and
        discard date that follows the quality date phrase and discard
        date phrase, as applicable, shall be stated in terms of month
        and year or, as appropriate, month, day, and year.
            (3) Abbreviations.--A standard abbreviation of ``BB'' and
        ``UB'' for the quality date phrase and discard date phrase,
        respectively, may be used only if the food packaging is too
        small to include the uniform phrase described in subsection
        (a)(2) or (b)(2), as applicable.
            (4) Use of technologies and additional labels.--The
        labeling required under this subsection may utilize time-
        temperature indicator labels, QR codes, smart labels, or
        similar technology, in addition to any uniform quality date
        label phrase under subsection (a)(2) or uniform discard label
        phrase under subsection (b)(2). Nothing in this Act or an
        amendment made by this Act prohibits or restricts the use of
        such technology or labeling in lieu of any uniform quality date
        label phrase under subsection (a)(2) or uniform discard date
        label phrase under subsection (b)(2).
            (5) Freeze by.--The entity responsible for the food label
        may add ``or freeze by'' following a uniform quality date label
        phrase or discard date label phrase.
    (d) Education.--Not later than 2 years 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
date phrases and discard date phrases on food packaging.
    (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))); or
                    (B) affects the requirements relating to infant
                formula under section 412 of the Federal Food, Drug,
                and Cosmetic Act (21 U.S.C. 350a) or any other
                applicable provision of law.
            (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 phrase or a discard date phrase that is
                different from, in addition to, or 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, in
        consultation 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 provision.--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 under the Federal Trade Commission Act (15
        U.S.C. 41 et seq.).
            (6) Rule of construction.--Nothing in this subsection shall
        be construed to--
                    (A) authorize the Secretary of Health and Human
                Services to require that a food be labeled for quality
                standards or for a discard date as described in
                subsections (a) and (b); or
                    (B) preempt a State from setting requirements for a
                quality date or discard date or a timeline of quality,
                listed on a food label, provided that the requirement
                complies with the uniform quality data phrase or
                discard date phrase specified in subsection (a)(2) or
                (b)(2).

SEC. 4. MISBRANDING.

    (a) FDA Violations.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
    ``(z) If the label bears a quality date phrase or discard date
phrase that fails to comply with the requirements as specified in
sections 3(a) and 3(b) of the Food Date Labeling Act of 2025, or that
fails to meet the requirements as specified in section 3(c) of such
Act.''.
    (b) Poultry Products.--Section 4(h) of the Poultry Products
Inspection Act (21 U.S.C. 453(h)) is amended--
            (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 2025.''.
    (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
            (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 2025.''.
    (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act
(21 U.S.C. 1036(b)) is amended in the first sentence by inserting ``or
if its labeling is in violation of section 3 of the Food Date Labeling
Act of 2025'' before the period at the end.

SEC. 5. REGULATIONS.

    Not later than 2 years after the date of enactment of this Act, the
administering Secretaries, in coordination with each other, shall
promulgate final regulations for carrying out 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 enactment of this Act.
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