Bipartisan, bicameral legislation introduced on May 9 by U.S. Rep. Dan Newhouse (R-WA) would establish requirements for quality and discard dates that food labelers would then have the option to include in food packaging.
Rep. Newhouse is the lead original cosponsor of the Food Date Labeling Act of 2023, H.R. 3159, which is sponsored by U.S. Rep. Chellie Pingree (D-ME) and introduced by five other original cosponsors. U.S. Sen. Richard Blumenthal (D-CT) on May 9 sponsored the same-named S. 1484 in his chamber.
“The Food Date Labeling Act will end the consumer confusion around food date labeling so we can reduce the amount of food wasted in our nation and allow Americans to save more of their hard-earned money,” said Rep. Newhouse, co-chair of the bipartisan Food Recovery Caucus.
As Americans continue to struggle with high prices in the grocery store, Rep. Newhouse said that an estimated 40 percent of the food production in the U.S. goes to waste. “It’s important Americans are not prematurely throwing out safe food — and that starts with bettering our food labeling practices,” said the congressman.
Currently, the only federal regulations related to date labels on food products are for infant formula. States set their own labeling regulations, which means several terms are used, including “sell by,” “use by,” “freshest on,” and “expires on,” according to a bill summary provided by the lawmakers.
If enacted, the Food Date Labeling Act would establish the food date labeling system that denotes “BEST If Used By,” which communicates that the quality of the food product may begin to deteriorate after that date, and “USE By,” which communicates the end of the estimated period of shelf life, after which the product should not be consumed, the summary says.
Under the bill, food manufacturers would decide which of their products carry a quality date or a discard date, and the measure also would allow food to be sold or donated after its labeled quality date to provide more food to those who need it, states the summary.
“Our current food labeling practices are outdated, confusing, and completely arbitrary, resulting in around 90 percent of Americans prematurely throwing out perfectly safe food,” said Rep. Pingree, also a co-chair of the Food Recovery Caucus. “By standardizing the food date labeling system and making labels less confusing for consumers, the bipartisan Food Date Labeling Act will help ensure food is being used and eaten, rather than being thrown out.”