,,ii #aaith ,,congress #ast ,session ,s4 #beda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbe,mr4 ,blumenthal 7for himself and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish requirements for quality and discard date phrases that are voluntarily declared on the food label to display calendar dates4 #a4 ,short title ,this ,act may be cited as the ,food ,date ,labeling ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,administering ,secretaries ,the term administering ,secretaries means-- 7,a7 the ,secretary of ,agriculture1 with respect to any product that is-- 7i7 under the jurisdiction of the ,secretary of ,agriculture2 and 7ii7 7,i7 a poultry product 7as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec772 7,,ii7 a meat food product 7as defined in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja772 or 7,,iii7 an egg product 7as defined in section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc772 and 7,b7 the ,secretary of ,health and ,human ,services1 with respect to any product that is-- 7i7 under the jurisdiction of the ,secretary of ,health and ,human ,services2 and 7ii7 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 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 conditions1 after which the entity responsible for the food label advises the product not be consumed4 7#c7 ,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-- 7,a7 the quality of the product may begin to deteriorate2 but 7,b7 the product remains apparently wholesome food 7as defined in subsection 7b7 of the ,bill ,emerson ,good ,samaritan ,food ,donation ,act 7#db ,u4,s4,c4 #agia7;b7774 #c4 ,quality date phrases and discard date phrases 7a7 ,quality date phrases 7#a7 ,in general ,if a quality date is used on a food package1 such quality date shall be proceeded by 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 in coordination1 specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph 7#a74 7#c7 ,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 label4 7b7 ,discard date phrases 7#a7 ,in general ,if a discard date is used on food packaging1 such discard date shall be proceeded by 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 in coordination1 specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph 7#a74 7#c7 ,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 label4 7c7 ,quality date phrase and discard date phrase labeling 7#a7 ,in general ,the quality date or discard date1 as applicable1 shall be-- 7,a7 in single easy-to-read type style2 and 7,b7 located in a conspicuous and prominent place on the food label or elsewhere on the package4 7#b7 ,date format ,the format of each quality date and discard date that follows the quality date phrase and discard date phrase1 as applicable1 shall be stated in terms of month and year or1 as appropriate1 month1 day1 and year4 7#c7 ,abbreviations ,a standard abbreviation of ,,bb and ,,ub for the quality date phrase and discard date phrase1 respectively1 may be used 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 ,use of technologies and additional labels ,the labeling required under this subsection may utilize time-temperature indicator labels1 ,,qr codes1 smart labels1 or similar technology1 in addition to any uniform quality date label phrase under subsection 7a77#b7 or uniform discard label phrase under subsection 7b77#b74 ,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 7a77#b7 or uniform discard date label phrase under subsection 7b77#b74 7#e7 ,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 phrase4 7d7 ,education ,not later than #b years after the date of enactment of this ,act1 the administering ,secretaries1 acting in coordination1 shall provide consumer education and outreach on the meaning of quality date phrases and discard date phrases on food packaging4 7e7 ,effect2 preemption 7#a7 ,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 date4 7#b7 ,effect on infant formula ,nothing in this ,act or an amendment made by this ,act-- 7,a7 applies with respect to infant formula 7as defined in section #bja7z7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7z7772 or 7,b7 affects the requirements relating to infant formula under section #dab of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;a7 or any other applicable provision of law4 7#c7 ,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 phrase or a discard date phrase that is different from1 in addition to1 or 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#d7 ,enforcement ,the administering ,secretaries1 in consultation 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#e7 ,savings provision ,notwithstanding paragraph 7#c71 nothing in this ,act1 any amendment made by this ,act1 or any standard or requirement imposed pursuant to this ,act preempts1 displaces1 or supplants any ,state or ,federal common law rights or any ,state or ,federal statute creating a remedy for civil relief1 including under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#f7 ,rule of construction ,nothing in this subsection shall be construed to-- 7,a7 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 7a7 and 7b72 or 7,b7 preempt a ,state from setting requirements for a quality date or discard date or a timeline of quality1 listed on a food label1 provided that the requirement complies with the uniform quality data phrase or discard date phrase specified in subsection 7a77#b7 or 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 the label bears a quality date phrase or discard date phrase that fails to comply with the requirements as specified in sections #c7;a7 and #c7;b7 of the ,food ,date ,labeling ,act of #bjbe1 or that fails to meet the requirements as specified in section #c7;c7 of such ,act4 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 #bjbe4 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 #bjbe4 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 inserting or if its labeling is in violation of section #c of the ,food ,date ,labeling ,act of #bjbe before the period at the end4 #e4 ,regulations ,not later than #b years after the date of enactment of this ,act1 the administering ,secretaries1 in coordination with each other1 shall promulgate final regulations for carrying out 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 enactment of this ,act4