Food Date Labeling Act of 2025
- Bill Number
- H.R. 4987
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Agriculture and Food
- Status
- Introduced
- Latest Action
- 2026-01-13: Referred to the Subcommittee on Nutrition and Foreign Agriculture.
- Last Updated
- 2026-06-29T20:46:46Z
AI-Generated Summary
Purpose of the Legislation
The Food Date Labeling Act of 2025 aims to standardize voluntary date labeling on food packaging to help consumers better understand when food quality may decline or when it should no longer be eaten. It introduces uniform phrases for "quality dates" (indicating potential quality loss but still safe to eat) and "discard dates" (indicating the end of safe consumption), while requiring these dates to be in calendar format if used.
Key Provisions
- Definitions:
- Administering Secretaries: The Secretary of Agriculture (for meat, poultry, and egg products) and the Secretary of Health and Human Services (for other foods under the Federal Food, Drug, and Cosmetic Act).
- Quality date phrase: A voluntary label signaling when food quality might start to worsen, but it remains safe (defined as "apparently wholesome food" under existing donation laws).
- Discard date phrase: A voluntary label marking the estimated end of shelf life, after which the food should not be consumed.
- Labeling Requirements for Quality Dates:
- Must be preceded by the phrase "BEST If Used By" (or abbreviation "BB" on small packages).
- Companies decide whether to include it and on which foods.
- Date format: Month and year, or month, day, and year.
- Can include "or freeze by" and use technologies like QR codes or smart labels.
- Labeling Requirements for Discard Dates:
- Must be preceded by the phrase "USE By" (or abbreviation "UB" on small packages).
- Companies decide whether to include it and on which foods.
- Same date format and technology options as quality dates.
- General Labeling Rules:
- Dates must be in a single, easy-to-read font and placed prominently on the package.
- Secretaries may update phrases via rulemaking.
- Consumer Education:
- Within 2 years of enactment, the administering Secretaries must launch outreach to explain these phrases.
- Exemptions and Scope:
- Does not apply to infant formula or alter its existing safety rules.
- Voluntary for companies; no mandate to add dates.
- Regulations and Timeline:
- Final rules to implement the Act within 2 years of enactment.
- Applies only to food labeled 2 years after enactment.
Significant Changes to Existing Law
- Amends the Federal Food, Drug, and Cosmetic Act, Poultry Products Inspection Act, Federal Meat Inspection Act, and Egg Products Inspection Act to classify non-compliant date labeling as "misbranding," making it enforceable like other labeling violations.
- Introduces national uniformity for these voluntary phrases, which were previously inconsistent across products and companies.
- Preempts (overrides) state or local laws that impose different phrases or ban sales/donations based solely on quality dates passing, but allows states to ban sales after discard dates or set their own timelines if using the uniform phrases.
Potential Impacts
- On Government Agencies: The USDA and HHS must coordinate on rulemaking, enforcement (with FTC input), and education campaigns, potentially increasing administrative workload but promoting consistency in food safety oversight.
- On Citizens: Improves clarity on food dates, which could reduce confusion, food waste (estimated at 30-40% of U.S. supply due to date misunderstandings), and unnecessary discards, benefiting household budgets and the environment.
- On Food Industry: Standardizes voluntary labeling, simplifying compliance for manufacturers while allowing flexibility (e.g., tech integration), but requires updates to packaging within 2 years.
- On International Relations: Minimal direct impact, though it may align U.S. practices with global efforts to standardize food dates and reduce waste.
Main Stakeholders Affected
- Food Producers and Packers: Entities responsible for labels (e.g., manufacturers of meat, poultry, eggs, and other foods) must adopt uniform phrases if using dates voluntarily.
- Consumers: Everyday buyers and users of packaged food, who gain clearer guidance on safety and quality.
- Government Entities: USDA and HHS for regulation and education; FTC for enforcement consultation; states, which retain some authority on sales bans but lose flexibility on labeling standards.
- Food Donation Organizations: Indirectly benefited, as clearer quality dates may encourage more donations of safe food past quality (but not discard) dates.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens federal enforcement by tying violations to misbranding penalties (fines, seizures), while preserving state common law rights (e.g., lawsuits for deceptive practices) and statutes for civil remedies. The preemption clause ensures national consistency but carves out exceptions to avoid overreach, potentially reducing litigation over varying state rules.
- Constitutional Implications: Aligns with Congress's commerce clause authority to regulate interstate food labeling; no apparent free speech or due process issues, as labeling is voluntary and phrases are factual.
- Political Implications: Bipartisan sponsorship (Democrat from Maine and Republican from Washington) reflects broad consensus on reducing food waste—a non-partisan issue—without mandating labels, balancing industry freedom with consumer protection. It builds on existing laws without major overhauls, minimizing controversy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pingree, Chellie [D-ME-1]
Cosponsors (9)
Rep. Newhouse, Dan [R-WA-4], Rep. Tonko, Paul [D-NY-20], Rep. Riley, Josh [D-NY-19], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Casten, Sean [D-IL-6], Rep. Lawler, Michael [R-NY-17], Rep. Tlaib, Rashida [D-MI-12], Rep. Frankel, Lois [D-FL-22], Rep. Bresnahan, Robert P. [R-PA-8]
Recent Actions
- 2026-01-13: Referred to the Subcommittee on Nutrition and Foreign Agriculture.
- 2026-01-13: Referred to the Subcommittee on Livestock, Dairy, and Poultry.
- 2025-08-15: 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.
- 2025-08-15: 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.
- 2025-08-15: Introduced in House
- 2025-08-15: Introduced in House
Bill Versions
- Food Date Labeling Act of 2025 — issued 2025-08-15 — PDF (10 pages)