Sec. 402. Quality dates and safety dates
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/bill/115/hr/3444/ih/section-402A 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 that meets the criteria established under paragraph (3)(A) shall include a safety date determined under paragraph (3)(B) that is immediately preceded by the uniform safety date label phrase under paragraph (2). The uniform safety date label phrase under this paragraph shall be USE By , 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 issue guidance— establishing criteria for determining the conditions under which ready-to-eat products may have a high level of risk associated with consumption after a certain date; and for determining safety dates for high-risk ready-to-eat products described in subparagraph (A). 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; 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. A food labeler may use a standard abbreviation of BB and UB for the quality date and safety date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. A food labeler may add or Freeze By following a quality date or safety date uniform phrase described in subsection (a)(2) or (b)(2), as applicable.
The sale, donation, or use of any product shall not be prohibited based on passage of the quality date of the product. 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 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 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 Act, any amendment made by this Act, or any standard or requirement imposed pursuant to this Act preempts, displaces, or supplants 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 prohibits or restricts the use of time-temperature indicator labels or similar technology that is consistent with the requirements of this Act.