[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1484 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1484
To establish requirements for quality and discard dates that are
voluntarily declared on the food label.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2023
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish requirements for quality and discard dates that are
voluntarily declared on the food label.
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 2023''.
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.--The term ``discard date'' means a date
voluntarily printed on a food label 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.--The term ``quality date'' means a date
voluntarily printed on a food label 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 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 DATES AND DISCARD DATES.
(a) Quality Dates.--
(1) In general.--If a quality date is used on a food label,
such quality date shall be immediately 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 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 Dates.--
(1) In general.--If a discard date is used on a food label,
such discard date shall be immediately 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 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 and Discard Date Labeling.--
(1) In general.--The quality date or discard date, as
applicable, and immediately adjacent uniform quality date label
phrase or discard date label phrase shall be--
(A) in single easy-to-read type style; and
(B) located in a conspicuous place on the food
label or elsewhere on the package.
(2) Date format.--Each quality date and discard date 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 and discard date, respectively, may
be used only if the food label is too small to include the
uniform phrase described in subsection (a)(2) or (b)(2), as
applicable.
(4) Freeze by.--A food labeler may add ``or freeze by''
following a uniform quality date label phrase or discard date
label phrase.
(d) Education.--Not later than 1 year 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
dates and discard dates on 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
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 or a discard date that is different from
or in addition to, or that is 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, acting in
coordination 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.--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 a remedy for civil damage, or a penalty for criminal
conduct.
(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 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 amended by adding at the end the
following:
``(z) If the label bears a quality date or discard date that fails
to comply with the requirements as specified in sections 3(a) and 3(b)
of the Food Date Labeling Act of 2023, 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 2023.''.
(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 2023.''.
(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 2023'' before the period at the end.
SEC. 5. 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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