- On December 3, 2024, USDA and FDA issued a joint Request for Information (RFI) about the use of food date labeling, including terms such as “Sell By,” “Use By,” and “Best By.” Information collected from the RFI is intended to inform policy decisions, guidance, or consumer education campaigns on food date labels to “help reduce the premature discard of wholesome and safe food.”
- USDA and FDA jointly regulate the U.S. food supply. Under current regulations, any date labeling on food products may not be false or misleading. USDA’s Food Safety and Inspection Service (FSIS) requires that if date labeling is voluntarily used, a calendar date must express a month and day; for shelf-stable or frozen products regulated by FSIS, a year must also be displayed. Date labeling is also voluntary under FDA’s regulations, except that it is required on infant formula, which is outside the scope of the RFI.
- The RFI is being issued in response to the National Strategy for Reducing Food Loss and Waste and Recycling Organics, which was released in June 2024 to help the U.S. meet a goal of reducing food loss and waste by 50% by 2030, reduce environmental impacts of food waste, and lower costs for American families. According to comments in response to the Strategy, the use of nonstandardized date labeling causes consumer confusion and leads to premature disposal of wholesome and safe food.
- The RFI is soliciting comments in three categories: (1) industry practices and preferences for date labeling; (2) research on consumer perception of date labeling; and (3) food loss and waste research. Comments are due by February 3, 2025, and should be submitted at regulations.gov to docket number FSIS-2024-0021.
- Keller and Heckman would be happy to prepare comments and we will continue to monitor and relay updates on USDA and FDA’s date labeling efforts.