Quality date phrases and discard date phrases

(a) Quality date phrases (1) In general If a quality date is used on a food package, such quality date shall be proceeded by the uniform quality date label phrase under paragraph (2). (2) Uniform phrase The uniform quality date label phrase under this paragraph shall be BEST If Used By or, if permissible under subsection (c)(3), the standard abbreviation of BB, unless and until the administering Secretaries, acting in coordination, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the entity responsible for the food label The decisions of whether to include a quality date or quality date phrase on food packaging and which foods should be so labeled shall be at the discretion of the entity responsible for the food label. (b) Discard date phrases (1) In general If a discard date is used on food packaging, such discard date shall be proceeded by the uniform discard date label phrase under paragraph (2). (2) Uniform phrase The uniform discard date label phrase under this paragraph shall be USE By or, if permissible under subsection (c)(3), the standard abbreviation of UB, unless and until the administering Secretaries, acting in coordination, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the entity responsible for the food label The decisions of whether to include a discard date or discard date phrase on food packaging and which foods should be so labeled shall be at the discretion of the entity responsible for the food label. (c) Quality date phrase and discard date phrase labeling (1) In general The quality date or discard date, as applicable, shall be— (A) in single easy-to-read type style; and (B) located in a conspicuous and prominent place on the food label or elsewhere on the package. (2) Date format The format of each quality date and discard date that follows the quality date phrase and discard date phrase, as applicable, shall be stated in terms of month and year or, as appropriate, month, day, and year. (3) Abbreviations A standard abbreviation of BB and UB for the quality date phrase and discard date phrase, respectively, may be used only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. (4) Use of technologies and additional labels The labeling required under this subsection may utilize time-temperature indicator labels, QR codes, smart labels, or similar technology, in addition to any uniform quality date label phrase under subsection (a)(2) or uniform discard label phrase under subsection (b)(2). Nothing in this Act or an amendment made by this Act prohibits or restricts the use of such technology or labeling in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). (5) Freeze by The entity responsible for the food label may add or freeze by following a uniform quality date label phrase or discard date label phrase. (d) Education Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting in coordination, shall provide consumer education and outreach on the meaning of quality date phrases and discard date phrases on food packaging. (e) Effect; preemption (1) Effect on sale or donation of foods Nothing in this Act or an amendment made by this Act prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (2) Effect on infant formula Nothing in this Act or an amendment made by this Act— (A) applies with respect to infant formula (as defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z))); or (B) affects the requirements relating to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) or any other applicable provision of law. (3) Preemption No State or political subdivision of a State may establish or continue in effect any requirement that— (A) relates to the inclusion in food labeling of a quality date phrase or a discard date phrase that is different from, in addition to, or otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (4) Enforcement The administering Secretaries, in consultation with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (5) Savings provision Notwithstanding paragraph (3), nothing in this Act, any amendment made by this Act, or any standard or requirement imposed pursuant to this Act preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (6) Rule of construction Nothing in this subsection shall be construed to— (A) authorize the Secretary of Health and Human Services to require that a food be labeled for quality standards or for a discard date as described in subsections (a) and (b); or (B) preempt a State from setting requirements for a quality date or discard date or a timeline of quality, listed on a food label, provided that the requirement complies with the uniform quality data phrase or discard date phrase specified in subsection (a)(2) or (b)(2).