Sec. 702. Quality date phrases and discard date phrases
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/bill/119/s/1507/is/section-702A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a quality date phrase is included on food packaging, the quality date phrase shall be preceded by the uniform quality date phrase label described in paragraph (2). The uniform quality date phrase label 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 in coordination, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
The decision regarding whether to include a quality date phrase on food packaging, and which foods should be so labeled, shall be at the discretion of the entity responsible for the food label. If a discard date phrase is included on food packaging, the discard date phrase shall be preceded by the uniform discard date phrase label described in paragraph (2). The uniform discard date phrase label 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 in coordination, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
The decision regarding whether to include a discard date phrase on food packaging, and which foods should be so labeled, shall be at the discretion of the entity responsible for the food label. The quality date phrase or discard date phrase, as applicable, shall be— in single, easy-to-read type style; and located in a conspicuous and prominent place on the food label or elsewhere on the food packaging. The format for a quality date or discard date that follows the quality date phrase or discard date phrase, as applicable, shall be stated in terms of— month and year; or as appropriate, month, day, and year.
A standard abbreviation of BB and UB for the quality date phrase and discard date phrase, respectively, may be used only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. The labeling required under this subsection may use time-temperature indicator labels, QR codes, smart labels, or similar technology, in addition to the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. Nothing in this title or an amendment made by this title prohibits or restricts the use of a technology or label described in subparagraph
(A)in lieu of the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. An entity responsible for a food label may add or Freeze By following a uniform quality date phrase or discard date phrase. Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting in coordination, shall provide consumer education and outreach on the meaning of quality date phrases and discard date phrases on food packaging. Nothing in this title or an amendment made by this title 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 applicable discard date. This title and the amendments made by this title shall not— apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )); or affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) or any other applicable provision of law. 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 phrase or a discard date phrase that is different from, in addition to, or 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 applicable quality date. The administering Secretaries, acting jointly and in consultation with the Federal Trade Commission, shall ensure that the uniform quality date phrase label and uniform discard date phrase label are standardized across all food products. Notwithstanding paragraph (3), nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title preempts, displaces, or supplants— any State or Federal common law or common law right; or any State or Federal law creating a remedy for civil relief, including the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). Nothing in this subsection— authorizes the Secretary of Health and Human Services to require that a food be labeled for quality standards, or with a discard date, as described in subsections
(a)and (b); or preempts a State from establishing a requirement that a quality date, discard date, or a timeline of quality shall be included on a food label, subject to the condition that the requirement shall comply with the uniform quality date phrase or discard date phrase described in subsection (a)(2) or (b)(2), respectively.
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