,i #aafth ,,congress #ast ,session ,h4 ,r4 #ciha ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,ms4 ,pingree 7for herself and ,mr4 ,newhouse7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 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 dates that are1 at the option of food labelers1 included in food packaging1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,food ,date ,labeling ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,administering ,secretaries ,the term administering ,secretaries means-- 7,a7 the ,secretary of ,agriculture with respect to any product that is under the ,secretary of ,agriculture's jurisdiction and is-- 7i7 a poultry product1 as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec72 7ii7 a meat food product1 as defined in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja72 or 7iii7 an egg product1 as defined in section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc72 and 7,b7 the ,secretary of ,health and ,human ,services with respect to any product that is under the ,secretary of ,health and ,human ,services' jurisdiction and is a food 7as defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba774 7#b7 ,discard date ,the term discard date means a date voluntarily printed on food packaging1 which signifies the end of the estimated period of shelf life under any stated storage conditions1 after which the food labeler advises the product not be consumed4 7#c7 ,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#d7 ,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-- 7,a7 the quality of the product may begin to deteriorate2 but 7,b7 the product remains apparently wholesome food 7as defined in subsection 7b77#b7 of section #bb of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agia7;b77#b772 also known as the ,bill ,emerson ,good ,samaritan ,food ,donation ,act74 #c4 ,quality dates and discard 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 ,by or1 if permissible under subsection 7c77#c71 the standard abbreviation of ,,bb1 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 decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler4 7b7 ,discard dates 7#a7 ,in general ,if a food labeler includes a discard date on food packaging1 the label shall use the uniform discard date label phrase under paragraph 7#b74 7#b7 ,uniform phrase ,the uniform discard date label phrase under this paragraph shall be ,,use ,by or1 if permissible under subsection 7c77#c71 the standard abbreviation of ,,ub1 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 decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler4 7c7 ,quality date and discard date labeling 7#a7 ,in general ,the quality date or discard date1 as applicable1 and immediately adjacent uniform quality date label phrase or discard date label phrase-- 7,a7 shall be-- 7i7 in single easy-to-read type style2 and 7ii7 located in a conspicuous place on the package of the food2 and 7,b7 may be on the label or1 at the discretion of the food labeler1 elsewhere on the package4 7#b7 ,date format ,each quality date and discard date shall be stated in terms of day and month and1 as appropriate1 year4 7#c7 ,abbreviations ,a food labeler may use a standard abbreviation of ,,bb and ,,ub for the quality date and discard date1 respectively1 only if the food packaging is too small to include the uniform phrase described in subsection 7a77#b7 or 7b77#b71 as applicable4 7#d7 ,freeze by ,a food labeler may add or ,freeze ,by following a quality date or discard date uniform phrase4 7d7 ,infant formula ,this ,act and the amendments made by this ,act-- 7#a7 do not apply with respect to infant formula 7as defined in section #bja7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7z7772 and 7#b7 shall not be construed to affect the requirements pertaining to infant formula under section #dab of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;a7 and other applicable provisions of law4 7e7 ,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 discard date food labels4 7f7 ,rule of construction2 preemption 7#a7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act 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 discard 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 discard date that is different from or in addition to1 or that is otherwise not identical with1 the requirements of this ,act and the amendments made by this ,act2 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 discard date label phrase are standardized across all food products4 7#d7 ,savings ,notwithstanding paragraph 7#b71 nothing in this ,act1 nor any amendment made by this ,act1 nor any standard or requirement imposed pursuant to this ,act1 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 7g7 ,time temperature indicator labels ,nothing in this ,act or the amendments made by this ,act shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection 7a77#b7 or uniform discard date label phrase under subsection 7b77#b74 #d4 ,misbranding 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 it is food and its labeling is in violation of section #c of the ,food ,date ,labeling ,act of #bjai4 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 its labeling is in violation of section #c of the ,food ,date ,labeling ,act of #bjai4 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 its labeling is in violation of section #c of the ,food ,date ,labeling ,act of #bjai4 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 its labeling is in violation of section #c of the ,food ,date ,labeling ,act of #bjai4 #e4 ,regulations ,not later than #b years after the date of enactment of this ,act1 the ,secretaries1 acting jointly1 shall promulgate final regulations for carrying out the provisions of this ,act and the amendments made by this ,act4 #f4 ,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 #b years after the date of promulgation of final regulations under section #e4