Sec. 401. Food date labeling
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/bill/114/hr/4184/ih/section-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: If it is food whose date labeling is in violation of section 424. . Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by adding at the end the following: If the labeling of food includes a date by which the food is recommended to be sold or consumed, such date— shall be immediately preceded by the words Best if Used By ; shall be immediately followed by the statement Manufacturer’s Suggestion Only in the same size, font, and color as such date; and shall not be characterized as a sell-by, use-by, best-by, quality best-by, expires on, or other similar date.
In this subsection, the term high-risk food means food for which a listing pursuant to paragraph
(3)is in effect. If the labeling of any high-risk food includes a date by which the food is recommended to be sold or consumed, such date— shall be immediately preceded by the words Expires on ; shall be immediately followed by the statement Manufacturer’s Suggestion Only in the same size, font, and color as such date; and shall not be characterized as a sell-by, use-by, best-by, quality best-by, freshest by, or other similar date. The Secretary shall— not later than 180 days after the date of the enactment of this section, publish a list of foods that— are sold ready-to-eat; and have a high risk of microbial contamination if not consumed by a certain date; and periodically review and, as appropriate, update such list. This section does not apply with respect to infant formula subject to section 412. . The requirements of sections 403(z) and 424 of the Federal Food, Drug, and Cosmetic Act, as added by this section, apply beginning on the date that is 1 year after the date of enactment of this Act, except that subsection (b)(3) of such section 424 is not subject to such delay in applicability.
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