National Food Date Labeling Standard

Summary#

This bill sets national rules for how voluntary date labels appear on food packages. It creates two standard phrases: one for food quality and one for food safety. The goal is to reduce confusion by using the same wording everywhere and to allow education on what the dates mean.

• Creates two uniform phrases if companies choose to use date labels:
  • “BEST If Used By” for quality.
  • “USE By” for safety/discard.
• Lets companies decide whether to include any date at all; the federal government does not require dates.
• Requires dates to be easy to read, placed where consumers can see them, and shown as month-year or month-day-year.
• Allows small packages to use “BB” and “UB” abbreviations only when there is not enough space for full phrases.
• Permits use of tech tools (for example, time–temperature indicators or QR codes); the bill’s wording is unclear about whether these can replace the on-package phrases.
• Preempts (overrides) state rules that use different phrases or ban sale/donation after a quality date; states may still ban sale/donation after a discard (“USE By”) date.
• Excludes infant formula from these changes.
• Directs USDA and HHS to run consumer education within 2 years and issue regulations within 2 years; the rules apply to foods labeled 2 years after enactment.
• Makes noncompliant labels “misbranded” under existing federal food laws.

What it means for you#

• Consumers

  • You would see the same two phrases across brands:
    • “BEST If Used By” signals quality may decline after that date but the food can still be wholesome if stored as directed.
    • “USE By” signals the product should not be eaten after that date.
  • Dates should be easier to find and read. Some packages might include QR codes or time–temperature indicators.
  • You may see more foods sold or donated after the “BEST If Used By” date, since states cannot ban sale or donation based only on that quality date.

• Food manufacturers and retailers

  • If you use date labels, you must use the specified phrases and formats and place them prominently.
  • You may add “or freeze by” after either phrase.
  • Abbreviations “BB” and “UB” are allowed only when the package is too small for full phrases.
  • You can add tech-based indicators (for example, smart labels or TTIs). The bill says tech can be used “in addition to” the phrases and also “in lieu of” them; this conflict will likely need agency clarification.
  • Labels that don’t meet these rules will be considered misbranded under FDA/USDA laws once the rules take effect.

• States and municipalities

  • You may not require different wording for quality or discard dates.
  • You may not ban sale or donation based on passing a quality (“BEST If Used By”) date.
  • You may still ban sale or donation after a discard (“USE By”) date.
  • You can require products to carry quality or discard dates, as long as your rules use the federal phrases.

• Food donors and food banks

  • Donations based only on passing a “BEST If Used By” date may no longer be blocked by state rules; donations after a “USE By” date can still be restricted by states.

• Federal agencies (USDA and HHS)

  • Must write regulations and run a consumer education campaign within 2 years.
  • Must coordinate to keep the phrases consistent across all food products and consult the FTC on standardization.

• Timing

  • The law would apply to food products labeled on or after 2 years from enactment.

• What is unclear

  • The bill states tech labels may be used “in addition to” the standard phrases and also “in lieu of” them. It is unclear whether a QR code or smart label alone would satisfy the rule without the on-package phrase.

Expenses#

No publicly available information.

• Agencies would likely face costs to develop rules and to run consumer education.
• Companies that currently use other phrases would likely incur costs to update packaging and systems before the effective date.
• Enforcement would use existing misbranding authorities; additional oversight may require staff time.

Proponents' View#

• The bill appears intended to reduce consumer confusion by standardizing the meaning and wording of date labels nationwide.
• Clear phrases separating quality (“BEST If Used By”) from safety (“USE By”) could help people make safer choices and avoid throwing out food that is still wholesome when only quality declines.
• National uniformity could make it easier for companies to label products and sell across state lines.
• Consumer education within 2 years could reinforce the difference between quality and safety dates.
• Allowing time–temperature indicators and similar tools could improve real-world freshness and safety information.

Opponents' View#

• One concern is reduced state flexibility: states could not require different phrases or ban sale/donation based on a quality date, even if they believe stricter rules are better for consumers.
• The bill’s wording about tech labels “in addition to” and also “in lieu of” the phrases may cause confusion; relying on QR codes could reduce clarity for people without smartphones if used instead of on-package words.
• Because using date labels remains voluntary at the federal level, benefits from standardization may be limited if some products carry no dates.
• Businesses that already use other phrases would face costs to change packaging and train staff.
• It is unclear how strongly the new rules will be enforced across diverse products and package sizes, and what counts as “too small” for full phrases.