Sec. 403. Quality dates and discard dates
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/bill/116/hr/5841/ih/section-403A 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 or, if permissible under subsection (c)(3), the standard abbreviation of BB , 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 decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler.
If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). The uniform discard date label phrase under this paragraph shall be USE By or, if permissible under subsection (c)(3), the standard abbreviation of UB , 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 decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler.
The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase— shall be— in single easy-to-read type style; and located in a conspicuous place on the package of the food; and may be on the label or, at the discretion of the food labeler, elsewhere on the package. Each quality date and discard 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 discard 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 discard date uniform phrase. This title and the amendments made by this title— do not apply with respect to infant formula (as defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(z) )); and shall not be construed to affect the requirements pertaining to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) and other applicable provisions of law.
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 discard date food labels. Nothing in this title or the amendments made by this title 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 discard 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 discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this title and the amendments made by this title; 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 discard date label phrase are standardized across all food products.
Notwithstanding paragraph (2), nothing in this title, nor any amendment made by this title, nor 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 title or the amendments made by this title shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2).
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