119-hr4987

[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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