H.R. 4987 — Food Date Labeling Act of 2025

This section defines terms for purposes of the Act, including: (1) administering Secretaries, meaning the Secretary of Agriculture for poultry products (as defined in the Poultry Products Inspection Act), meat food products (as defined in the Federal Meat Inspection Act), or egg products (as defined in the Egg Products Inspection Act) and the Secretary of Health and Human Services for other foods (as defined in the Federal Food, Drug, and Cosmetic Act); (2) discard date phrase, meaning a voluntary label phrase on food packaging signifying the end of estimated shelf life under stated storage conditions, after which the product should not be consumed; and (3) quality date phrase, meaning a voluntary label phrase indicating when product quality may deteriorate but the product remains apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act).

This section establishes uniform phrases and labeling standards for voluntary quality dates (“BEST If Used By” or “BB” abbreviation for small packages) and discard dates (“USE By” or “UB”) on food packages, including requirements for conspicuous placement, single easy-to-read type, month/year (or month/day/year) format, and allowances for time-temperature indicators, QR codes, smart labels, or “freeze by” additions. It directs the administering Secretaries, acting in coordination, to provide consumer education on these phrases within two years of enactment and, with the Federal Trade Commission, to enforce standardization across food products. The section excludes infant formula; preempts state or local requirements on phrases that differ from these standards or that prohibit sales or donations past a quality date; preserves state authority to ban sales or donations past a discard date and to set quality or discard timelines using the required phrases; and includes a savings provision for common law and civil remedies.

This section deems labeling in violation of section 3 of the Food Date Labeling Act of 2025 to be misbranding under four statutes as follows: (1) the Federal Food, Drug, and Cosmetic Act (FD&C Act, 21 U.S.C. 343), by adding new subsection (z) specifying noncompliance with quality date phrases or discard date phrases under sections 3(a), 3(b), or 3(c); (2) the Poultry Products Inspection Act (PPIA, 21 U.S.C. 453(h)), by adding new paragraph (13); (3) the Federal Meat Inspection Act (FMIA, 21 U.S.C. 601(n)), by adding new paragraph (13); and (4) the Egg Products Inspection Act (EPIA, 21 U.S.C. 1036(b)), by inserting the violation language into the first sentence. (Thus, the USDA and FDA may withhold noncompliant labeling or containers pending hearings and enforce via appeals under existing procedures.)