H.R. 4987

[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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