[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2541 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2541
To establish requirements for quality and discard date phrases that are
voluntarily declared on the food label to display calendar dates.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2025
Mr. Blumenthal (for himself and Mr. Scott of Florida) 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 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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