Food Date Labeling Act of 2025
The Food Date Labeling Act of 2025 would create a nationwide framework for how quality date phrases (indicating when quality may begin to deteriorate) and discard date phrases (indicating the end of the estimated shelf life) appear on voluntarily labeled foods. When used, these dates must be preceded by uniform phrases (quality: “BEST If Used By” or “BB”; discard: “USE By” or “UB”), placed in a clear, prominent location, and followed by dates in a specified format (month/year or month/day/year). The act allows the brand owner to decide whether to include such dates at all, but once used, they must follow the uniform labeling rules. The bill also authorizes the use of modern labeling technologies (QR codes, time-temperature indicators, etc.) in addition to the uniform phrases and requires consumer education about the meanings of these phrases within two years of enactment. It creates enforcement provisions for misbranding and labeling violations, and sets a two-year delay before the rules apply to labeled foods. The act would preempt inconsistent state requirements while preserving some state rights (e.g., restrictions on sale/donation based on discard dates, with certain exemptions, such as infant formula).
Key Points
- 1Uniform phrases and placement: If a quality date is used, it must be preceded by a uniform phrase (currently “BEST If Used By” or “BB”) and placed in a single easy-to-read type in a prominent place. If a discard date is used, it must be preceded by a uniform phrase (“USE By” or “UB”) in the same manner. Abbreviations BB and UB may be used only when space makes the full phrase impractical.
- 2Date format and readability: The dates following the phrases must use month/year or month/day/year formats. The labeling should be clear, easy to read, and located conspicuously on the package.
- 3Optional use and tech labeling: The entity responsible for the label may decide whether to include quality or discard date phrases. Technologies such as QR codes, time-temperature indicators, or smart labels may accompany the phrases, and are not restricted by the act.
- 4Education and implementation timeline: Within two years of enactment, the administering Secretaries (in coordination with the FTC) must educate consumers about the meanings of quality date and discard date phrases. Regulations to implement the act must be issued within two years.
- 5Enforcement and preemption: The act adds misbranding penalties for violations (FDA labeling provisions and related poultry, meat, and egg product laws are amended). It preempts conflicting state labeling requirements but preserves certain state rights (e.g., on sale/donation restrictions not inconsistent with the federal standards, and exemptions for infant formula). A savings clause preserves existing rights and remedies.