FDA and USDA Request Information Related to Standardizing Food Date Labeling

FDA and FSIS explain in the notice that there are a variety of accepted practices for food date labeling.¹

• For foods under FDA jurisdiction, food is misbranded if its labeling, including date labeling, is false or misleading.² Because the infant formula regulations specifically require labels to include a “Use by” date³, infant formula date labeling is outside the scope of the agencies’ RFI.
• For meat, poultry, and egg products under FSIS jurisdiction, dates may be voluntarily applied to product labels provided the products are labeled in a manner that is truthful and not misleading and in compliance with FSIS regulations.⁴ If shown on labeling, a calendar date must express both the month and day of the month and, in the case of shelf-stable and frozen products, the year. Immediately adjacent to the date must be a phrase explaining the meaning of that date such as "Best if Used By."

Both FDA and FSIS recommend that in instances when date labeling is used, the language “Best if Used By” should be used to indicate the date after which quality may decline but the product may still be consumed. This is consistent with the agencies’ past recommendations that food companies use “Best If Used By” to communicate the date by which the food will be of optimal quality.⁵ Although FDA and FSIS 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. The notice does not comment on the appropriate language that should be used to indicate the date on which the product should no longer be consumed, though in the past, industry groups have recommended the language “Use By” to communicate a date based on safety.⁶

The agencies note that although industry groups have taken steps to address consumer confusion, 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. Accordingly, FDA and FSIS intend to use the requested information to inform future policy decisions on food date labeling, with the goal of reducing the premature discard of safe food. The RFI focuses on information on industry practices and preferences for food date labeling, research on consumer perceptions of food date labeling, and research on any impact date labeling may have on food loss and waste. The complete list of questions is available in the appendix below.

The RFI follows both national and local efforts to reduce food waste. In June, the Biden-Harris Administration released its finalized National Strategy for Reducing Food Loss and Waste and Recycling Organics, which sets a strategy for the U.S. to reduce food waste by fifty percent by 2030.⁷ In September, California enacted the nation’s first mandatory food date labeling legislation, which could potentially conflict with other state expiration date labeling requirements by standardizing “open date” labels on packaged foods sold in California.⁸ Among other requirements, the law prohibits the use of consumer-facing “sell by” dates, and where date labeling is used, requires the phrases “BEST if Used By” to indicate the quality of the food item and “USE by” to indicate the safety date of the food item. The California law will take effect July 1, 2026, and will apply to foods manufactured on or after that date.