The US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS), the Food and Drug Administration (FDA), and the US Department of Health and Human Services (HHS) are seeking public input on food date labeling. This Request for Information seeks information on industry practices and preferences for date labeling, research results on consumer perceptions of date labeling, and any impact date labeling may have on food waste.
From the Federal Register:
“On June 12, 2024, the Biden-Harris Administration released the final National Strategy for Reducing Food Loss and Waste and Recycling Organics (the National Strategy). The National Strategy lays out a path for the U.S. to meet its national goal of reducing food loss and waste by 50 percent by 2030.
The U.S. Environmental Protection Agency (EPA) estimates that in 2019, 66 million tons of wasted food was generated in the food retail, food service, and residential sectors, and most of this waste (about 60 percent) was sent to landfills. An additional 40 million tons of wasted food was generated in the food and beverage manufacturing and processing sectors. Wasted food is the single largest category of material placed in municipal landfills. Wasted wholesome and safe food represents nourishment that could have helped feed families in need. Additionally, water, energy, arable land, and labor used to produce wasted food could have been used for other purposes. Effectively reducing food waste will require cooperation among federal, state, tribal, territory, and local governments, food manufacturers, agriculture producers, faith-based institutions, environmental organizations, communities, and others, all along the entire supply chain.
In response to the draft National Strategy for Reducing Food Loss and Waste and Recycling Organics, FSIS and FDA received comments encouraging an update of the Federal date labeling requirements, including standardizing date labeling. Commenters noted that food manufacturers use a variety of phrases such as “Sell By,” “Use By,” and “Best By” on product labels to describe dates on a voluntary basis. According to commenters, the use of different phrases to describe dates may cause consumer confusion and lead to the premature disposal of wholesome and safe food, because it is past the date printed on the package.
As explained in the final National Strategy, both FSIS and FDA recommend that food industry members voluntarily apply the “Best if Used By” food date label, which notes the date after which quality may decline but the product may still be consumed. The “Best if Used By” label aims to lessen consumer confusion and reduce wasted food. In addition, the “Best if Used By” label was the most frequently perceived by consumers as communicating quality, among the food date labels assessed by researchers at Johns Hopkins Center for a Livable Future (CLF), which supports standardizing this label. Although FSIS and FDA encourage the use of the phrase “Best if Used By”, current federal regulations do not prohibit industry from using other date labeling phrases, such as “Sell By” or “Use By,” if they are truthful and not misleading. It should be noted that industry groups have taken steps to address consumer confusion. However, the number, diversity, and complexity of food products in the marketplace along with significant variability in the environmental, storage, and distribution conditions of food create challenges for standardization of food safety or quality date labels.
FSIS and FDA are requesting additional information on industry practices and barriers for standardizing food date labeling, research results on consumer perceptions of food date labeling, and any impact date labeling may have on food loss and waste. The information may be used to inform future policy decisions, guidance, or consumer education campaigns on food date labels intended to help reduce the premature discard of wholesome and safe food. Commenters should provide any data, studies, or other evidence that supports their response.”
See 89 FR 96205 for full details, including questions for commenters. Comments must be submitted by February 3, 2025.
Submit comments by one of the following methods:
- Federal eRulemaking Portal: This website allows commenters to type short comments directly into the comment field on the web page or to attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the online instructions at that site for submitting comments.
- Mail: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
Learn more and read the National Strategy for Reducing Food Loss and Waste and Recycling Organics.
