,,ii #aadth ,,congress #b;d ,session ,s4 #bidg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjaf ,mr4 ,blumenthal introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish requirements regarding quality dates and safety dates in food labeling1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,food ,date ,labeling ,act of #bjaf4 #b4 ,findings ,congress finds the following3 7#a7 ,as of the date of enactment of this ,act1 date labeling practices on food packaging cause confusion with sell-by1 best-by1 use-by1 and best before dates1 leading up to #ij percent of individuals in the ,united ,states to occasionally throw out still-fresh food4 7#b7 ,confusion over the meaning of date labels is estimated to account for #bj percent of consumer waste of safe1 edible food1 leading to approximately #bi1jjj1jjj1jjj of wasted consumer spending each year4 7#c7 ,consumer education and standardized date labeling are the top #b most cost-effective strategies for reducing food waste1 by economic value per ton diverted4 7#d7 ,wasted food costs consumers and industry money1 squanders important natural resources that are used to grow1 process1 distribute1 and store the food supply of the ,united ,states1 and represents a missed opportunity to feed the millions of food insecure households in the ,united ,states that are struggling to access healthy1 affordable food4 #c4 ,definitions ,in this ,act3 7#a7 ,administering ,secretaries ,the term administering ,secretaries means-- 7,a7 with respect to products described in paragraph 7#d77;,a71 the ,secretary of ,agriculture2 and 7,b7 with respect to products described in paragraph 7#d77;,b71 the ,secretary of ,health and ,human ,services4 7#b7 ,food labeler ,the term food labeler means the producer1 manufacturer1 distributor1 or retailer that places a date label on food packaging of a product4 7#c7 ,quality date ,the term quality date means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which the quality of the product may begin to deteriorate1 but may still be acceptable for consumption4 7#d7 ,ready-to-eat product ,the term ready-to-eat product means-- 7,a7 with respect to a product under the jurisdiction of the ,secretary of ,agriculture1 a product that-- 7i7 is in a form that is edible without additional preparation to achieve food safety and may receive additional preparation for palatability or aesthetic1 epicurean1 gastronomic1 or culinary purposes2 and 7ii7 is-- 7,i7 a poultry product1 as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec72 7,,ii7 a meat food product1 as defined in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja72 or 7,,iii7 an egg product1 as defined in section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc72 and 7,b7 with respect to a food 7as defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba77 under the jurisdiction of the ,secretary of ,health and ,human ,services-- 7i7 a food that is normally eaten in its raw state2 or 7ii7 any other food1 including a processed food1 for which it is reasonably foreseeable that the food will be eaten without further processing that would significantly minimize biological hazards4 7#e7 ,safety date ,the term safety date means a date printed on food packaging of a ready-to-eat product1 which signifies the end of the estimated period of shelf life under any stated storage conditions1 after which the product may pose a health safety risk4 #d4 ,quality dates and safety dates 7a7 ,quality dates 7#a7 ,in general ,if a food labeler includes a quality date on food packaging1 the label shall use the uniform quality date label phrase under paragraph 7#b74 7#b7 ,uniform phrase ,the uniform quality date label phrase under this paragraph shall be best if used by1 unless and until the administering ,secretaries1 acting jointly1 specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph 7#a74 7#c7 ,option of the labeler ,the decision to include a quality date on food packaging shall be at the discretion of the food labeler4 7b7 ,safety dates 7#a7 ,in ,general ,the label of a ready-to-eat product shall include a safety date that is immediately preceded by the uniform safety date label phrase under paragraph 7#b7 if the ready-to-eat product-- 7,a7 meets the criteria described in paragraph 7#c77;,a7 and is not exempt under paragraph 7#c77;,b77ii72 or 7,b7 is listed in accordance with paragraph 7#c77;,b77i74 7#b7 ,uniform phrase ,the uniform safety date label phrase under this paragraph shall be #8expires on'1 unless and until the administering ,secretaries jointly specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph 7#a74 7#c7 ,high-risk ready-to-eat products 7,a7 ,in ,general ,the administering ,secretaries1 acting jointly1 shall describe criteria that determine what ready-to-eat products may have a high level of risk associated with consumption after a certain date1 including those that may be high or very high risk for ,listeria monocytogenes or other contaminants or pathogens causing foodborne illness4 7,b7 ,additional foods2 exempt foods ,the administering ,secretaries may1 with respect to the products under the jurisdiction of the administering ,secretaries1 respectively-- 7i7 list additional ready-to-eat products that are high risk1 but do not meet the criteria described in subparagraph 7,a72 or 7ii7 exempt specific ready-to-eat products that meet the criteria described in subparagraph 7,a71 but do not actually pose a high level of risk associated with consumption after a certain date4 7,c7 ,review and updates ,not less than once every #d years1 the administering ,secretaries1 acting jointly1 shall review and1 as the administering ,secretaries determine appropriate1 shall update-- 7i7 the criteria described in subparagraph 7,a72 and 7ii7 the list and exemptions described in subparagraph 7,b74 7c7 ,quality date and safety date labeling 7#a7 ,in general ,the quality date and safety date1 as applicable1 and immediately adjacent uniform quality date label phrase or safety date label phrase shall be-- 7,a7 in single easy-to-read type style using upper and lower case letters in the standard form2 7,b7 in a type size no smaller than #h point2 and 7,c7 located in a conspicuous place on the package of the food4 7#b7 ,date format ,each quality date and safety date shall be stated in terms of day and month and1 as appropriate1 year4 7d7 ,guidance ,the ,commissioner of ,food and ,drugs and the ,secretary of ,agriculture shall establish guidance for food labelers on how to determine quality dates and safety dates for food products4 7e7 ,sale or donation after quality date ,no one shall prohibit the sale1 donation1 or use of any product after the quality date for the product has passed4 7f7 ,education ,not later than #a year after the date of enactment of this ,act1 the administering ,secretaries1 acting jointly1 shall provide consumer education and outreach on the meaning of quality date and safety date food labels4 7g7 ,rule of ,construction2 preemption 7#a7 ,rule of construction ,nothing in this section shall be construed to prohibit 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 safety date4 7#b7 ,preemption ,no ,state or political subdivision of a ,state may establish or continue in effect any requirement that-- 7,a7 relates to the inclusion in food labeling of a quality date or a safety date that is different from or in addition to1 or that is otherwise not identical with1 the requirements under this section2 or 7,b7 prohibits the sale or donation of foods based on passage of the quality date4 7#c7 ,enforcement ,the administering ,secretaries1 acting jointly and in coordination with the ,federal ,trade ,commission1 shall ensure that the uniform quality date label phrase and uniform safety date label phrase are standardized across all food products4 7#d7 ,savings ,nothing in this ,act1 nor any amendment made by this ,act1 nor any standard or requirement imposed pursuant to this ,act shall be construed to preempt1 displace1 or supplant any ,state or ,federal common law rights or any ,state or ,federal statute creating a remedy for civil relief1 including those for civil damage1 or a penalty for criminal conduct4 7h7 ,time temperature indicator labels ,nothing in this section shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is consistent with the requirements of this ,act4 7i7 ,delayed applicability ,this section shall apply only with respect to food products that are labeled on or after a date that is #b years after the date of enactment of this ,act4 #e4 ,misbranding violation for quality dates and safety dates in food labeling 7a7 ,,fda violations ,section #djc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdc7 is amended by adding at the end the following3 7z7 if its labeling is in violation of section #d of the ,food ,date ,labeling ,act of #bjaf 7relating to quality dates and safety dates74 4 7b7 ,poultry products ,section #d7;h7 of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec7;h77 is amended-- 7#a7 in paragraph 7#aa71 by striking or at the end2 7#b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#ac7 if it does not bear a label in accordance with section #d of the ,food ,date ,labeling ,act of #bjaf4 4 7c7 ,meat products ,section #a7n7 of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja7n77 is amended-- 7#a7 in paragraph 7#aa71 by striking or at the end2 7#b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#ac7 if it does not bear a label in accordance with section #d of the ,food ,date ,labeling ,act of #bjaf4 4 7d7 ,egg products ,section #g7;b7 of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcf7;b77 is amended in the first sentence by adding before the period at the end or if it does not bear a label in accordance with section #d of the ,food ,date ,labeling ,act of #bjaf4 #f4 ,report to congress ,not later than #e years after the date of enactment of this ,act1 the administering ,secretaries1 acting jointly1 shall report to the appropriate committees of ,congress on the progress in the reduction of food waste that can be attributed to the standardization of food date labeling and consumer education required by this ,act and the amendments made by this ,act4