text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Food Date Labeling Act of 2016''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) As of the date of enactment of this Act, date labeling 
          practices on food packaging cause confusion with ``sell-by'', 
          ``best-by'', ``use-by'', and ``best before'' dates, leading up 
          to 90 percent of individuals in the United States to 
          occasionally throw out still-fresh food.
              (2) Confusion over the meaning of date labels is estimated 
          to account for 20 percent of consumer waste of safe, edible 
          food, leading to approximately $29,000,000,000 of wasted 
          consumer spending each year.
              (3) Consumer education and standardized date labeling are 
          the top 2 most cost-effective strategies for reducing food 
          waste, by economic value per ton diverted.
              (4) Wasted food costs consumers and industry money, 
          squanders important natural resources that are used to grow, 
          process, distribute, and store the food supply of the United 
          States, and represents a missed opportunity to feed the 
          millions of food insecure households in the United States that 
          are struggling to access healthy, affordable food.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Administering secretaries.--The term ``administering 
          Secretaries'' means--
                      (A) with respect to products described in paragraph 
                  (4)(A), the Secretary of Agriculture; and
                      (B) with respect to products described in paragraph 
                  (4)(B), the Secretary of Health and Human Services.
              (2) Food labeler.--The term ``food labeler'' means the 
          producer, manufacturer, distributor, or retailer that places a 
          date label on food packaging of a product.
              (3) Quality date.--The term ``quality date'' means a date 
          voluntarily printed on food packaging that is intended to 
          communicate to consumers the date after which the quality of 
          the product may begin to deteriorate, but may still be 
          acceptable for consumption.
              (4) Ready-to-eat product.--The term ``ready-to-eat 
          product'' means--
                      (A) with respect to a product under the 
                  jurisdiction of the Secretary of Agriculture, a product 
                  that--
                              (i) is in a form that is edible without 
                          additional preparation to achieve food safety 
                          and may receive additional preparation for 
                          palatability or aesthetic, epicurean, 
                          gastronomic, or culinary purposes; and
                              (ii) is--
                                      (I) a poultry product, as defined 
                                  in section 4 of the Poultry Products 
                                  Inspection Act (21 U.S.C. 453);
                                      (II) a meat food product, as 
                                  defined in section 1 of the Federal 
                                  Meat Inspection Act (21 U.S.C. 601); or
                                      (III) an egg product, as defined in 
                                  section 4 of the Egg Products 
                                  Inspection Act (21 U.S.C. 1033); and
                      (B) with respect to a food (as defined in section 
                  201 of the Federal Food, Drug, and Cosmetic Act (21 
                  U.S.C. 321)) under the jurisdiction of the Secretary of 
                  Health and Human Services--
                              (i) a food that is normally eaten in its 
                          raw state; or
                              (ii) any other food, including a processed 
                          food, for which it is reasonably foreseeable 
                          that the food will be eaten without further 
                          processing that would significantly minimize 
                          biological hazards.
              (5) Safety date.--The term ``safety date'' means a date 
          printed on food packaging of a ready-to-eat product, which 
          signifies the end of the estimated period of shelf life under 
          any stated storage conditions, after which the product may pose 
          a health safety risk.
  
  SEC. 4. QUALITY DATES AND SAFETY DATES.
  
      (a) Quality Dates.--
              (1) In general.--If a food labeler includes a quality date 
          on food packaging, the label shall use 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'', unless and 
          until the administering Secretaries, acting jointly, specify 
          through rulemaking another uniform phrase to be used for 
          purposes of complying with paragraph (1).
              (3) Option of the labeler.--The decision to include a 
          quality date on food packaging shall be at the discretion of 
          the food labeler.
      (b) Safety Dates.--
              (1) In general.--The label of a ready-to-eat product shall 
          include a safety date that is immediately preceded by the 
          uniform safety date label phrase under paragraph (2) if the 
          ready-to-eat product--
                      (A) meets the criteria described in paragraph 
                  (3)(A) and is not exempt under paragraph (3)(B)(ii); or
                      (B) is listed in accordance with paragraph 
                  (3)(B)(i).
              (2) Uniform phrase.--The uniform safety date label phrase 
          under this paragraph shall be `expires on', unless and until 
          the administering Secretaries jointly specify through 
          rulemaking another uniform phrase to be used for purposes of 
          complying with paragraph (1).
              (3) High-risk ready-to-eat products.--
                      (A) In general.--The administering Secretaries, 
                  acting jointly, shall describe criteria that determine 
                  what ready-to-eat products may have a high level of 
                  risk associated with consumption after a certain date, 
                  including those that may be high or very high risk for 
                  Listeria monocytogenes or other contaminants or 
                  pathogens causing foodborne illness.
                      (B) Additional foods; exempt foods.--The 
                  administering Secretaries may, with respect to the 
                  products under the jurisdiction of the administering 
                  Secretaries, respectively--
                              (i) list additional ready-to-eat products 
                          that are high risk, but do not meet the 
                          criteria described in subparagraph (A); or
                              (ii) exempt specific ready-to-eat products 
                          that meet the criteria described in 
                          subparagraph (A), but do not actually pose a 
                          high level of risk associated with consumption 
                          after a certain date.
                      (C) Review and updates.--Not less than once every 4 
                  years, the administering Secretaries, acting jointly, 
                  shall review and, as the administering Secretaries 
                  determine appropriate, shall update--
                              (i) the criteria described in subparagraph 
                          (A); and
                              (ii) the list and exemptions described in 
                          subparagraph (B).
      (c) Quality Date and Safety Date Labeling.--
              (1) In general.--The quality date and safety date, as 
          applicable, and immediately adjacent uniform quality date label 
          phrase or safety date label phrase shall be--
                      (A) in single easy-to-read type style using upper 
                  and lower case letters in the standard form;
                      (B) in a type size no smaller than 8 point; and
                      (C) located in a conspicuous place on the package 
                  of the food.
              (2) Date format.--Each quality date and safety date shall 
          be stated in terms of day and month and, as appropriate, year.
      (d) Guidance.--The Commissioner of Food and Drugs and the Secretary 
  of Agriculture shall establish guidance for food labelers on how to 
  determine quality dates and safety dates for food products.
      (e) Sale or Donation After Quality Date.--No one shall prohibit the 
  sale, donation, or use of any product after the quality date for the 
  product has passed.
      (f) Education.--Not later than 1 year after the date of enactment 
  of this Act, the administering Secretaries, acting jointly, shall 
  provide consumer education and outreach on the meaning of quality date 
  and safety date food labels.
      (g) Rule of Construction; Preemption.--
              (1) Rule of construction.--Nothing in this section shall be 
          construed to prohibit 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 safety date.
              (2) 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 or a safety date that is different from or 
                  in addition to, or that is otherwise not identical 
                  with, the requirements under this section; or
                      (B) prohibits the sale or donation of foods based 
                  on passage of the quality date.
              (3) Enforcement.--The administering Secretaries, acting 
          jointly and in coordination with the Federal Trade Commission, 
          shall ensure that the uniform quality date label phrase and 
          uniform safety date label phrase are standardized across all 
          food products.
              (4) Savings.--Nothing in this Act, nor any amendment made 
          by this Act, nor any standard or requirement imposed pursuant 
          to this Act shall be construed to preempt, displace, or 
          supplant any State or Federal common law rights or any State or 
          Federal statute creating a remedy for civil relief, including 
          those for civil damage, or a penalty for criminal conduct.
      (h) Time Temperature Indicator Labels.--Nothing in this section 
  shall be construed to prohibit or restrict the use of time-temperature 
  indicator labels or similar technology that is consistent with the 
  requirements of this Act.
      (i) Delayed Applicability.--This section shall apply only with 
  respect to food products that are labeled on or after a date that is 2 
  years after the date of enactment of this Act.
  
  SEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES AND SAFETY DATES IN 
                FOOD LABELING.
  
      (a) FDA Violations.--Section 403 of the Federal Food, Drug, and 
  Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
  following:
      ``(z) if its labeling is in violation of section 4 of the Food Date 
  Labeling Act of 2016 (relating to quality dates and safety dates).''.
      (b) Poultry Products.--Section 4(h) of the Poultry Products 
  Inspection Act (21 U.S.C. 453(h)) is amended--
              (1) in paragraph (11), by striking ``or'' at the end;
              (2) in paragraph (12), by striking the period at the end 
          and inserting ``; or''; and
              (3) by adding at the end the following:
              ``(13) if it does not bear a label in accordance with 
          section 4 of the Food Date Labeling Act of 2016.''.
      (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act 
  (21 U.S.C. 601(n)) is amended--
              (1) in paragraph (11), by striking ``or'' at the end;
              (2) in paragraph (12), by striking the period at the end 
          and inserting ``; or''; and
              (3) by adding at the end the following:
              ``(13) if it does not bear a label in accordance with 
          section 4 of the Food Date Labeling Act of 2016.''.
      (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act 
  (21 U.S.C. 1036(b)) is amended in the first sentence by adding before 
  the period at the end ``or if it does not bear a label in accordance 
  with section 4 of the Food Date Labeling Act of 2016''.
  
  SEC. 6. REPORT TO CONGRESS.
  
      Not later than 5 years after the date of enactment of this Act, the 
  administering Secretaries, acting jointly, shall report to the 
  appropriate committees of Congress on the progress in the reduction of 
  food waste that can be attributed to the standardization of food date 
  labeling and consumer education required by this Act and the amendments 
  made by this Act.
target: Food Date Labeling Act of 2016 This bill establishes requirements that: (1) address food waste that occurs when people throw out fresh food because of their confusion over the meaning of expiration dates on food labels and whether or not the food is still safe to eat, and (2) standardize quality date and safety date food labels. Producers, manufacturers, distributors, or retailers that place a date label on food packaging of a product (food labelers) must use the phrases &quot;best if used by&quot; to indicate food quality and the phrase &quot;expires on&quot; to warn of food that may be unsafe to eat after a specified date.  While labelers may voluntarily choose to include a quality date on packaging, they must include a safety date on ready-to-eat products. The Food and Drug Administration and the Department of Agriculture (USDA) must establish guidance for food labelers on how to determine quality dates and safety dates for food products. No one may prohibit the sale, donation, or use of a product after the quality date for the product has passed. USDA and the Department of Health and Human Services must educate consumers on the meaning of quality date and safety date food labels. 
feat_title: Food Date Labeling Act of 2016