Sec. 404. Quality dates and safety dates
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/bill/114/s/3108/is/section-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). The uniform quality date label phrase under this paragraph shall be best if used by , unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). The decision to include a quality date on food packaging shall be at the discretion of the food labeler. 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
(2)if the ready-to-eat product— meets the criteria described in paragraph (3)(A) and is not exempt under paragraph (3)(B)(ii); or is listed in accordance with paragraph (3)(B)(i). The uniform safety date label phrase under this paragraph shall be ‘expires on’, unless and until the administering Secretaries jointly specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). The administering Secretaries, acting jointly, shall describe criteria that determine what ready-to-eat products may have a high level of risk associated with consumption after a certain date, including those that may be high or very high risk for Listeria monocytogenes or other contaminants or pathogens causing foodborne illness. The administering Secretaries may, with respect to the products under the jurisdiction of the administering Secretaries, respectively— list additional ready-to-eat products that are high risk, but do not meet the criteria described in subparagraph (A); or exempt specific ready-to-eat products that meet the criteria described in subparagraph (A), but do not actually pose a high level of risk associated with consumption after a certain date. Not less frequently than once every 4 years, the administering Secretaries, acting jointly, shall review and, as the administering Secretaries determine appropriate, shall update— the criteria described in subparagraph (A); and the list and exemptions described in subparagraph (B). The quality date and safety date, as applicable, and immediately adjacent uniform quality date label phrase or safety date label phrase shall be— in single easy-to-read type style using upper and lower case letters in the standard form; in a type size no smaller than 8 point; and located in a conspicuous place on the package of the food. Each quality date and safety date shall be stated in terms of day and month and, as appropriate, year. The Commissioner of Food and Drugs and the Secretary shall establish guidance for food labelers on how to determine quality dates and safety dates for food products. No one shall prohibit the sale, donation, or use of any product after the quality date for the product has passed. Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and safety date food labels. 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 date. No State or political subdivision of a State may establish or continue in effect any requirement that— relates to the inclusion in food labeling of a quality date or a safety date that is different from or in addition to, or that is otherwise not identical with, the requirements under this section; or prohibits the sale or donation of foods based on passage of the quality date. The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform safety date label phrase are standardized across all food products. Nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title shall be construed to preempt, displace, or supplant any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for criminal conduct. 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 title. This section shall apply only with respect to food products that are labeled on or after a date that is 2 years after the date of enactment of this Act.