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FDA and USDA Soliciting Comments on Food Date Labeling

Dec. 6, 2024
Agencies seeking suggestions on terms such as ‘Sell By,’ ‘Use By' and 'Best By.’

The FDA and USDA released a joint Request for Information (RFI) about food date labeling, which includes the usage of terms such as “Sell By,” “Use By” and “Best By.” Both food processors and the public can submit comments.

“The RFI 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 and grocery costs,” the joint statement said. “For example, questions in the RFI include which products contain date labels and what criteria are used to decided what phrase to use and what date to include.

“The RFI also asks questions about how consumers interpret date label information, including whether consumers are confused by this information – especially if they believe the dates determine whether food is safe when in fact, they indicate quality – or whether it has impacts on decisions made while grocery shopping or discarding food. Finally, there are questions that explore any relationship between date labels, food waste, and household expenses.”

Both the FDA and USDA’s Food Safety and Inspection Service have broad jurisdiction over this matter.

“It has been estimated that confusion over the multitude of different date labeling terms on food products accounts for about 20% of food waste in the home,” said Jim Jones, FDA Deputy Commissioner for Human Foods. “The information collected will help us understand consumers’ perception of terms like ‘Sell By,’ ‘Use By’ and ‘Best By.’”

USDA estimates the average family of four spends at least $1,500 each year on food that ends up uneaten, and the EPA estimates that, in 2019, 66 million tons of wasted food was generated in the food retail, foodservice and residential sectors, and most of this waste (about 60%) was sent to landfills. The three agencies, EPA included, have a goal of reducing food loss and waste by 50% by 2030, helping reduce the environmental impacts of food waste and lower costs for American families.

“We are looking forward to gathering valuable information to determine how date labeling can make it easier for consumers to know whether a food is still good to eat and avoid food waste,” Jones continued. “The FDA is committed to doing all that we can to support informed and sound decisions that are good for U.S. consumers.”

The RFI is part of the National Strategy for Reducing Food Loss and Waste and Recycling Organics, which was released by the FDA, USDA and the EPA in June. In response to that draft document, the agencies received more than 9,800 comments encouraging an update of the federal date labeling requirements, including standardizing date labeling.

Food marketers use a number of voluntary phrases such as “Sell By,” “Use By” and “Best By.” According to the initial comments, the use of different phrases causes consumer confusion and leads to the premature disposal of wholesome and safe food because it is past the date printed on the package. Both FDA and USDA currently recommend that food industry members voluntarily apply the “Best if Used By” quality-based food date label, which notes the date after which quality may decline but the product may still be consumed.

Commenters will have 60 days to provide comments responsive to one or more of the 13 questions posed. Commenters can use:

+ Federal eRulemaking Portal: https://www.regulations.gov.

+ Mail sent to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.

+ Hand- or Courier-Delivered Submittals to 1400 Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, Washington, DC 20250-3700.

About the Author

Dave Fusaro | Editor in Chief

Dave Fusaro has served as editor in chief of Food Processing magazine since 2003. Dave has 30 years experience in food & beverage industry journalism and has won several national ASBPE writing awards for his Food Processing stories. Dave has been interviewed on CNN, quoted in national newspapers and he authored a 200-page market research report on the milk industry. Formerly an award-winning newspaper reporter who specialized in business writing, he holds a BA in journalism from Marquette University. Prior to joining Food Processing, Dave was Editor-In-Chief of Dairy Foods and was Managing Editor of Prepared Foods.

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