Date Labels on Packaged Foods: USDA and FDA Could Take Additional Steps to Reduce Consumer Confusion

USDA has reported that almost one-third of the U.S. food supply is lost or wasted at the retail and consumer levels. Studies indicate that some of this waste may occur because of consumer confusion about the meaning of date labels displayed on packaged food. Such labels are not federally regulated, and food manufacturers use different phrases on date labels. USDA and FDA have roles in ensuring the U.S. food supply is safe and properly labeled, but neither agency been directed—or given express authority—to regulate date labels.

GAO was asked to examine consumer confusion about date labels. This report (1) describes the steps USDA and FDA have taken to address consumer confusion about date labels and (2) examines the extent to which USDA and FDA have coordinated with each other and with nonfederal stakeholders on date labels. GAO reviewed studies on date labels and FDA and USDA documents; interviewed agency officials and representatives of nonfederal stakeholders, such as industry, advocacy organizations, and state governments; and compared the agencies' efforts to leading practices identified by GAO.

The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have taken steps to address consumer confusion about date labels on packaged foods. For example, to reduce confusion about introductory phrases on date labels, such as whether the dates indicate food is safe to eat (see figure), and resulting food waste, USDA in December 2016 issued a fact sheet on date labels for consumers. In addition, USDA has funded research on issues related to date labels (e.g., how labels affected participants' willingness to waste food) and developed a smartphone application that provides consumers with information on the shelf life of products. FDA has issued educational materials to consumers about the meaning of phrases on date labels and in May 2019 issued a statement that it supports industry efforts to standardize date labels.

USDA and FDA have coordinated on some initiatives focused on date labels on packaged foods. For example, agency officials said they were working together to develop information for food banks, food donors, and recipients of donated food on how to interpret date labels so food past the date on the label—but otherwise wholesome—is not wasted. In October 2018, the agencies, with the Environmental Protection Agency, signed a formal agreement to educate consumers about food loss and waste. In addition, USDA and FDA have taken steps to work with some nonfederal stakeholders—such as nonprofit organizations and an international organization—on date labeling. However, USDA and FDA officials told GAO that they do not have a specific mechanism to coordinate with state, local, and tribal officials on creating a common approach to date labels. State, local, and tribal governments may choose to regulate date labels, and the majority of states have date label requirements for certain foods. According to prior GAO work, ensuring that relevant participants are included in interagency collaborative efforts is a leading practice for interagency collaboration. By developing a mechanism to facilitate coordination with nonfederal stakeholders, such as state, local, and tribal officials, on actions related to date labels, USDA and FDA could better assure that approaches they take to address consumer understanding of date labels are effective in helping reduce consumer confusion.

GAO is recommending that USDA and FDA develop a mechanism to facilitate coordination with relevant nonfederal stakeholders on actions related to date labels. USDA and FDA agreed with our recommendation and are planning actions to implement the recommendation.

Almost 133 billion pounds of food produced in the United States each  year—about 31 percent of the food supply, worth an estimated $161  billion—is lost or wasted (e.g., uneaten food that is thrown away, or plate  waste) at the retail and consumer levels, according to a 2014 report from  the U.S. Department of Agriculture (USDA). This lost or wasted food  costs consumers $370 per person each year, according to a 2015 USDA  estimate. Studies have found that some of this lost or wasted food is  attributable to consumer and retailer confusion about the meaning of date  labels displayed on packaged foods. Except for infant formula, date  labels are not required on packaged foods by federal regulations, and  manufacturers who apply date labels use a wide variety of introductory  phrases (e.g., sell by, best by, best if used by), none of which indicate  safety, according to USDA. Consequently, consumers and retailers may  discard food that is still edible because they are confused about what the  dates and phrases on the labels mean, such as whether these dates  indicate the food is safe to eat. This waste of edible food poses a burden  on the American food system, such as when food producers use natural  resources to grow, process, and distribute food that goes uneaten. In  addition, according to advocacy organizations, some of the edible food  that is discarded due to consumer confusion about date labels could be  diverted to feed food-insecure households.

USDA and the Food and Drug Administration (FDA) are the two agencies  primarily responsible for food safety oversight; together, they oversee  nearly all of the U.S. food supply. Within USDA, a number of agencies  have various responsibilities related to food labeling. For example, the  Food Safety and Inspection Service (FSIS) is responsible for ensuring  that meat, poultry, and processed egg products are wholesome, not  adulterated, and properly labeled and packaged, and the Agricultural  Marketing Service (AMS) provides voluntary quality-grading programs  that may include date label requirements. Within the Department of  Health and Human Services, FDA is responsible for ensuring that food is  safe, wholesome, and properly labeled. Although Congress has given  USDA and FDA responsibility for ensuring proper labeling, Congress has  not specifically given the agencies authority or direction to address date  labels on food packages. At the state and local levels, some governments  regulate date labels on specific products. For example, the state of  Montana requires that Grade A milk sold in the state be labeled with a  “sell-by” date that is 12 days after the date of pasteurization, and retailers  must remove that milk from their shelves upon expiration of this date.

Additionally, industry organizations and individual retailers have acted to  address confusion about date labels. For example, two industry  organizations—the Food Marketing Institute and the Grocery  Manufacturers Association—in 2017 announced a voluntary initiative to  encourage manufacturers and retailers to standardize date labels on  packaged foods. Furthermore, advocacy groups and academic  researchers, such as the Natural Resources Defense Council (NRDC)  and the Harvard Food Law and Policy Clinic, have studied the issue of  consumer confusion about date labels and how this confusion contributes  to food waste.

You asked us to examine consumer confusion about date labels on  packaged foods. This report examines (1) steps USDA and FDA have  taken to address consumer confusion about date labels on packaged  foods and (2) the extent to which USDA and FDA coordinate with each  other and nonfederal stakeholders on addressing consumer confusion  about date labels on packaged foods.

To address both objectives, we reviewed documents from and  interviewed officials at USDA and FDA. We also interviewed officials from  the Environmental Protection Agency (EPA); we did not include EPA in  our objectives because while EPA is involved in food loss and waste  reduction efforts, the agency does not have a role in regulating or  overseeing labels on packaged foods. In addition, we interviewed officials  from the Office of Management and Budget and the Council on  Environmental Quality to determine the scope of federal activities related  to date labeling. We also reviewed documents, including studies on date  labeling, and conducted interviews about date labeling and food waste  issues with officials and representatives from a nongeneralizable sample  of 25 nonfederal stakeholders, including officials from seven states, seven  companies and industry associations, six advocacy and international  organizations, and two foreign governments (Canada and the United  Kingdom), as well as four academic researchers (individuals or groups).  Because this was a nongeneralizable sample, our results do not reflect  the views of all nonfederal stakeholders who have studied issues related  to date labeling or who have taken policy positions or steps to address  date labeling practices, but they provide illustrative examples of the views  of some stakeholders. We also attended the 2018 New York State  Organics Summit (March 27–28, 2018), the National Academies of  Sciences, Engineering, and Medicine’s Science and Technology for  Sustainability Program “Reducing Food Loss and Waste: A Workshop on  Impacts” (Oct. 17, 2018), and the 2018 U.S. Food Waste Summit (June  26–27, 2018)—conferences at which issues related to date labeling were  discussed.

To examine steps USDA and FDA have taken to address consumer  confusion over date labels on packaged foods, we reviewed agency  regulations and requirements, including USDA’s requirements for poultry  pack dates and USDA’s voluntary program for grademarks on packaged  eggs; policies; and guidance. We reviewed informational materials  intended for consumers, industry, and states that the agencies have  issued since 2009, including FSIS’s 2019 Food Product Dating guide.  We also reviewed documentation on USDA’s research programs and  studies related to date labeling. We interviewed agency officials from  USDA’s Office of Chief Economist, Economic Research Service, FSIS,  and National Institute of Food and Agriculture; and FDA’s Center for Food  Safety and Applied Nutrition.

To examine the extent to which USDA and FDA coordinate with each  other and nonfederal stakeholders on addressing consumer confusion  about date labels, we reviewed agency documentation, such as  regulations, policies, guidance, and educational materials relating to date  labels on certain products, program information, and other documentation  since 2009 related to date labeling practices. We also reviewed the formal  agreement USDA and FDA, together with EPA, signed in October 2018  aimed at improving coordination and collaboration on food loss and waste  issues among these agencies, as well as the related federal interagency  strategy the agencies announced in April 2019. We interviewed agency  officials about their coordination with each other and with nonfederal  stakeholders. We also interviewed the officials about their plans for  implementing the formal agreement. Among other questions, we asked  agency officials whether those plans include actions related to date  labels. We interviewed nonfederal stakeholders to determine the extent to  which USDA and FDA coordinated with them on issues related to date  labeling. We compared the agencies’ coordination with each other and  with nonfederal stakeholders against leading practices for implementing  interagency collaborative mechanisms we have identified in our prior  work. We also compared the interagency strategy against leading  practices in federal strategic planning. These include practices required at  the federal departmental or agency level under the Government  Performance and Results Act of 1993 (GPRA), as updated by the GPRA  Modernization Act of 2010 (GPRAMA). We have previously reported  that GPRA and GPRAMA requirements can serve as leading practices for  planning at lower levels within federal agencies such as individual  programs or initiatives. We also reviewed documentation and  interviewed representatives from two industry associations about an  initiative to standardize date labels across the food industry.

We conducted this performance audit from February 2018 to August 2019  in accordance with generally accepted government auditing standards.  Those standards require that we plan and perform the audit to obtain  sufficient, appropriate evidence to provide a reasonable basis for our  findings and conclusions based on our audit objectives. We believe that  the evidence obtained provides a reasonable basis for our findings and  conclusions based on our audit objectives.

In general, date labels on packaged foods are not required by federal  regulations, except in the case of infant formula. However, manufacturers  may choose to provide date labels to help consumers and retailers decide  when the food is of best quality. These date labels may carry different  introductory phrases, such as ‘“best by,” “sell by,” “use by,” or “best if  used by,” prior to the date, according to the preference of the  manufacturer. In most cases, these labels indicate quality or freshness  (i.e., the last date by which the manufacturer believes the food will be  fresh or taste best), according to USDA. However, according to  representatives from the Food Marketing Institute, because date labels  are not federally regulated, manufacturers use a number of different date  labels across industry, and this variation in date labels may result in  consumer confusion about the meaning of the labels.

Consumer confusion about date labels on packaged foods contributes to  food waste, according to various studies. Due to this confusion about  what date labels mean, consumers may throw out food that is safe to eat,  even if the food does not have visible signs of spoilage, according to  these studies. For example, in a 2017 study, participants were asked to  state what they thought a particular date label on a certain packaged food meant. The study found that participants did not have a consistent  understanding of date labels—some thought the labels indicated safety,  and some thought they indicated quality, and others were unsure what  the labels meant. Furthermore, three studies estimated that from 34  percent to 70 percent of consumers think that their risk of foodborne  illness increases if they consume a packaged food product past the date  label. In addition to confusion about the meaning of date labels, one  study found that consumers are confused about who is responsible for  date labels. According to the study, more than one-third of consumers  surveyed believed the federal government regulates date labels, and 26  percent were unsure.

Federal and Nonfederal Roles Related to Date Labels

USDA and FDA share oversight of nearly all the nation’s food supply but  do not regulate most date labels and are not required to do so by federal  law. USDA is responsible for the safety and proper labeling of meat,  poultry, and egg products, and FDA is responsible for the safety and  proper labeling of virtually all other foods. Within USDA, FSIS is the  public-health agency responsible for ensuring that meat, poultry, and  processed egg products are safe, wholesome, and accurately labeled.  According to FSIS, its goals include lowering the incidence of pathogens  that cause foodborne illnesses and limiting the occurrence of outbreaks,  and ensuring that regulated products are properly packaged and labeled  so consumers have access to important information about the product.  Also within USDA, AMS provides voluntary quality-grading programs for  producers of products such as milk, eggs, and meat. These quality- grading programs are paid for by the producers of these commodities and  can require, among other things, that producers participating in these  programs use date labels. In addition, USDA has research components  that could address issues relating to date labels. For example, USDA’s  National Institute of Food and Agriculture supports research through  grants to individuals, institutions, and organizations, and the Economic  Research Service conducts economic research to inform and enhance  decision-making.

FDA has statutory authority to regulate the safety of foods and nutrition  labels on packaged foods not regulated by FSIS. However, the agency  is not required by statute to regulate the use of date labels. FDA also  exercises its general authority to assist state and local governments with  food safety efforts through its State Cooperative Programs specifically for  Grade A milk, molluscan shellfish, and retail and food-service  establishments. As part of these programs, FDA provides technical  support, guidance, and training to help its regulatory partners with  reducing foodborne illnesses associated with these commodities. Also, in  coordination with its regulatory partners and industry, FDA develops  guidance, including guidance on date labels for certain products and in  certain circumstances. Such guidance represents FDA’s best advice for a  uniform system of provisions that address the safety and protection of  food offered at retail and in food service.

State, Municipal, and Tribal Governments

As we reported in May 2016, the federal food safety oversight system is  supplemented by states, localities, tribes, and territories, which may have  their own laws and agencies to address the safety and quality of food.  Generally, state, local and tribal governments may choose whether to  regulate date labels on packaged foods. For example, the majority of  states and the District of Columbia have some date labeling requirements  for, most commonly, shellfish, dairy, and eggs, as figure 1 shows.

Additionally, some states and the District of Columbia prohibit retailers  from selling some packaged foods to consumers if the date on the label  has passed. Furthermore, some municipalities choose to regulate date  labels in addition to, or in the absence of, state regulations. For example,  while Maryland prohibits the sale of grade “A” milk or milk products past  the “Sell by” date marked on its cap or container, the city of Baltimore  generally prohibits the sale of any perishable food past its expiration  date. Tribal governments may also have regulations that address labels  on packaged food. For example, the Navajo Nation Code has  requirements related to labeling of some packaged foods, such as  shellfish.

Where no state or local regulations are in place regarding date labeling,  manufacturers may decide which of their packaged food products display  a date label and what wording to use on the date label. Estimates on the  number of different date labels currently in use across industry vary.  Figure 2 below provides examples of introductory phrases for date labels  currently used by packaged food manufacturers.

In response to consumer confusion about date labels and resulting food  waste, two industry associations, the Food Marketing Institute and the  Grocery Manufacturers Association, in 2017 announced a voluntary  industry initiative to encourage manufacturers and retailers to standardize  date labels on packaged foods. This initiative calls for manufacturers to  use either of two introductory phrases for date labels on packaged foods:  (1) a “best if used by” label as an indication of product quality and (2) “use  by” for certain perishable products that may be more susceptible to  degradation of quality or potential food safety concerns. In December  2018, the Food Marketing Institute and the Grocery Manufacturers  Association reported that in a consumer survey on these date labels, 88  percent of those surveyed said these two date label phrases were clear to  them and 85 percent said they were helpful.

Advocacy Groups, International Organizations, and Countries

Some advocacy groups work to reduce consumer confusion over date  labels as part of their overall food waste reduction efforts. For example,  Rethink Food Waste Through Economics and Data (ReFED), an  advocacy group committed to reducing food waste in the United States, in  2016 issued a report that outlined key steps to reduce food waste. The  report listed standardizing date labeling as one of the top three solutions  to reducing food waste with the greatest economic value and net  environmental benefit. According to representatives from ReFED, the  organization works alongside industry to promote the Food Marketing  Institute and the Grocery Manufacturers Association joint voluntary  initiative by providing manufacturers with a tool they can use to determine  which wording to use on date labels for different products. In addition,  according to these representatives, ReFED is developing methods to  disseminate information to consumers about the meaning of date labels.

Representatives from the Natural Resources Defense Council (NRDC),  an international nonprofit environmental advocacy organization, said that  NRDC is coordinating with the National Ad Council, a nonprofit  organization that provides public-service communications, to develop a  multiyear outreach and education campaign aimed at reducing household  food waste. According to NRDC representatives, this joint effort may  include information about date labels. Furthermore, in 2017, NRDC and  the Harvard Food Law and Policy Clinic issued a report that found that  the lack of standard date labels leads to a mistaken belief that past-date  food is unsafe to consume, which causes unnecessary waste. The  report called for Congress to pass legislation or for FDA and USDA to  work together to create uniform regulations that standardize date labels  throughout the nation.

International entities have also taken steps to address date labeling  practices and make date labels clearer to consumers. For example,  according to its website, the Consumer Goods Forum—an association of  400 manufacturers and retailers across 100 countries that sell globally— has teamed up to help meet the United Nations sustainable development  goal that calls for cutting in half per capita global food waste at the retail  and consumer levels and reducing food losses along production and  supply chains by 2030. As part of this effort to reduce food waste, the  Consumer Goods Forum has called for standardized date labels.

Other countries have also taken steps to address date labels. For  example, in the United Kingdom, in 2008 a nonprofit group conducted  research that found that consumers threw out about 22 percent of food  that they could have eaten, because they were confused about what the  date labels meant. In 2015, the United Kingdom government issued  guidance on date labels, specifically that packaged foods must display  either a “best before” or “use by” date on the packaging or label of  prepacked food products. According to this United Kingdom guidance, a  “use by” date label communicates that there may be a safety issue with  consuming the product after the date. Furthermore, selling food that is  past its “use by” date is prohibited in the United Kingdom. Additionally, the  Canadian government has standardized date labels, requiring that  prepackaged products with a durable life of 90 days or less be labeled  with date markings and storage instructions, where applicable. Such  foods must display “best before” and its corresponding French, “meilleur  avant.”

Federal and International Roles Related to Food Loss and Waste

According to a 2014 USDA report, food loss and waste represents  significant amounts of money and other resources invested in food  production, including land, fresh water, labor, energy, agricultural  chemicals (e.g., fertilizer, pesticides), and other inputs to produce food  that does not ultimately meet its intended purpose of feeding people.  Furthermore, according to the 2014 report, reducing food waste will  become an increasingly important strategy in the future to help feed a  growing human population both here and abroad. In the United States,  USDA and EPA are leading the federal government’s efforts to reduce  food loss and waste, according to officials from the Office of Management  and Budget and the Council on Environmental Quality. For example, in  2013, USDA and EPA launched the U.S. Food Waste Challenge for  participants across the food supply chain to share best practices on  reducing, recovering, and recycling waste. Furthermore, in September  2015, USDA and EPA announced a national goal to reduce food loss and  waste in the United States by 50 percent by 2030, which aligns with the  United Nations sustainable development goal that calls for cutting in half  per capita global food waste. According to FDA officials, the agency was  not involved with establishing the national goal because the agency has a  limited mission related to food loss and waste; it is primarily responsible  for protecting public health by ensuring the safety of the nation’s food  supply, among other things.

USDA and FDA Have Taken Steps to Address Consumer Confusion about Date Labels USDA Has Issued Guidance for Consumers and Industry

USDA and FDA have taken steps to address consumer confusion about  date labels on packaged foods. For example, USDA has issued guidance  to consumers and industry, promulgated regulations and implemented  policies, and funded research on issues related to date labeling. In  addition, FDA has issued information to consumers and supported  industry efforts to standardize date labels.

In December 2016, USDA’s FSIS announced the availability of a fact  sheet that provides guidance related to date labels for industry and  consumers. The fact sheet, among other things, explains the meaning  of commonly used phrases on date labels and recommends that grocery  manufacturers and retailers that use date labels on their products use the  language “best if used by” to reduce consumer confusion and resulting  food waste. According to an FSIS announcement at the time, the agency  chose this phrase because research showed that consumers easily  understand the phrase as an indicator of food quality rather than food  safety. FSIS also solicited comments on the fact sheet and, in April  2019, after receiving and reviewing comments, updated the fact sheet by,  among other things, adding “freeze by’“ to the list of phrases commonly  used on labels to describe food quality dates. Figure 3 shows excerpts  from the 2019 fact sheet.

In addition, FSIS offers a smartphone application (app), called  FoodKeeper, that provides information for consumers on the shelf life of  products, how to use food when it is at peak quality, and how to store  food properly. FSIS developed the FoodKeeper app in 2015 in  partnership with Cornell University and the Food Marketing Institute. The  app offers users advice on how to store more than 650 food and  beverage items, with specific storage timelines for the refrigerator,  freezer, and pantry, depending on the nature of the product. In addition,  the app allows consumers to note in their devices’ calendars when they  purchased the products and to receive notifications when these products  are near the end of their recommended storage date, among other things.

According to FSIS, the agency is working on an updated version of the  app.

USDA Has Promulgated Regulations and Implemented Policies

USDA has promulgated regulations and implemented policies related to  required or voluntary date labels on certain products, such as poultry and  eggs, and on foods used for its nutrition assistance programs. For  example, FSIS has promulgated regulations that require that either the  immediate container or the shipping container of all poultry food products  be marked with a code or with the date the product was packed.  According to FSIS, while USDA does not require date labeling for quality  or food safety for products under its purview, the agency requires this  “pack date’’ for poultry products to help the agency identify product lots  and facilitate trace-back activities in the event of an outbreak of foodborne  illness. Additionally, FSIS has promulgated regulations regarding  voluntary date labeling. While there are no regulations requiring meat  products to have a calendar date, a meat manufacturer may voluntarily  place a date on the package. For both poultry and meat products, FSIS’s  regulations regarding language on these labels require that this date  contain the day and month and be accompanied by a phrase explaining  the meaning of the date, specifically “packing” date, “sell by,” or “use  before.” The regulations also give manufacturers the option of adding a  further qualifying phrase such as “for maximum freshness” or “for best  quality.” In the case of meat and poultry products that are hermetically  sealed, dried, or frozen, the year must be included as well, to prevent  misleading consumers. According to FSIS, a retailer cannot remove or  change the date while the product remains in its original packaging if a  meat or poultry manufacturer voluntarily places a date on the package.

In addition, AMS has promulgated regulations regarding a voluntary egg  grademark program, in which egg producers may obtain a USDA  grademark, or shield, on their eggs that indicates they meet applicable  quality and size standards. The regulations contain requirements related  to date labels. Among other requirements to obtain a grademark, the  cartons or consumer packaging containing these eggs must show the day  of the year on which the eggs were packed. Specific introductory  phrasing for the date label—such as sell by, best by, or use before—is  not required, but if these terms are used, AMS policies restrict the number  of days from the pack date that can be used on a date label. An egg  producer may choose to not use an expiration date and still receive AMS  certification, but the lot number must be present on each carton. Cartons  not identified with a USDA grademark are not subject to federal  regulation; however, regardless of whether the eggs bear a USDA  grademark, they are subject to state and local date labeling requirements.

Furthermore, USDA’s Food and Nutrition Service, which administers 15  federal nutrition assistance programs, policy, last updated in 2017,  clarifies that date labels indicate quality, not safety. This policy references  the agency’s regulation that prohibits distributors of food assistance from  providing food with expired date labels or food that is “out-of-condition,”  regardless of the date on the label, to recipients of any Food and Nutrition  Service programs. The policy states that, to give program recipients the  opportunity to eat all donated foods before their expiration dates,  distributors and recipient agencies should use an inventory-management  system that distributes products marked with the earliest end date first,  even if they were received after other similar products.

USDA Funded Research Related to Date Labels

From 2008 through 2018, USDA provided funding for two grants related  to date labels, resulting in three studies: one grant resulted in a 2008  study, and the other grant resulted in studies in 2017 and 2018.

The 2008 study assessed participant understanding of date labels on  ready-to-eat meat and poultry products to minimize the risk of  listeriosis in vulnerable populations. The study found that  participants paid attention to the date labels but varied highly in their  interpretation of the statements. However, they generally interpreted  “sell by” date labels as primarily intended for the retailer’s use on  when to pull stock and “best if used by” labels as pertaining more to  quality than safety considerations. The researchers reported that  participants considered “use by” statements clearer and more helpful  than “sell by” or “best if used by” labels and that they believed there  was a need for a standardized approach to labeling. The study  recommended that if a “sell by” date is used on a product solely for  the store to know when to pull a product off the shelf, then a  “consume or use by” date should also be implemented on behalf of  the consumer.

The 2017 study examined, among other things, consumer  understanding of phrases on date labels—specifically, “best by,”  “fresh by,” “sell by,” and “use by”—on specific products and how these  labels affected the participants’ willingness to waste the food. The  study found that participants had different levels of willingness to  waste food depending on the phrase on the label. In the study,  willingness to waste was highest for “use by” and lowest for “sell by,”  and this difference held regardless of the product. The researchers  suggested that this could be because “use by” may be the least  ambiguous and suggestive of food safety, while, conversely, “sell by”  may the most ambiguous and least suggestive of food safety. The  researchers suggested that if manufacturers move exclusively to the  “sell by” date label, this could lead to less waste in the food system.  However, while the study identified phrases least likely to result in  food waste, it focused on only three products and did not address or  make recommendations about steps federal agencies could take to  address consumer confusion about date labeling.

The 2018 study examined consumer perception of date labels— specifically, “use by” and “best by”—on deli meat and spaghetti  sauce. The study found that participants had differing perceptions of  date labels by product and what each introductory phrase on the  labels meant—that is, whether they reflected safety, quality, taste, or  nutrition. Generally, the study found that consumers tended to view  “use by” as reflective of safety and nutrition, and “best by” as  indicative of quality and taste.

The three studies looked at consumer confusion on date labels on certain  packaged foods but did not determine which introductory phrase for a  date label would be most effective for reducing such confusion across a  wide range of products that consumers may purchase, quantify the  impact of such confusion on food waste, or determine steps USDA or  other federal agencies could take to reduce waste resulting from such  confusion. USDA’s 2014 report on food waste noted that food loss  (particularly the food waste component) was becoming an increasingly  important topic both domestically and internationally. Moreover,  according to that report, better estimates of the amount and value of food  loss, including food waste, could help serve as quantitative baselines for  policymakers and the food industry to set targets and develop initiatives,  legislation, or policies to minimize food waste, conserve resources, and  improve human nutrition. Previously, we have reported that the nation’s  increasingly tight budget environment underscores the need for federal  research agencies to set priorities carefully and make effective use of  limited research funding. USDA officials told us that their awareness of  the role of consumer confusion about date labels and its effect on food  waste had increased over time. Furthermore, these officials told us they  planned to consider funding additional research if their process for  determining research priorities indicates additional research is needed.

FDA Regulates Date Labels on Infant Formula, Has Provided Information on Date Labels to Consumers, and Has Supported Industry Efforts to Standardize Date Labels

FDA has taken some actions related to date labeling, such as  promulgating regulations regarding date labels on infant formula. For  example, since 1985, FDA has required that infant formula display a  specific “use by” date on each container of infant formula, which specifies  the date after which the formula should not be fed to infants. According  to FDA, this label indicates that the manufacturer guarantees the nutrient  content and the general acceptability of the quality of the formula up to  that date.

In addition, since 1993, FDA has published the Food Code, a model for  safeguarding public health and ensuring food is unadulterated and  honestly presented when offered to the consumer. According to FDA, it  represents the agency’s best advice for a uniform system of regulation  that address the safety and protection of food offered at retail and in food  service, and, while it is not a federal requirement, it is designed to be  consistent with federal food laws and regulations. The 2017 FDA Food  Code, which is the most recent, contains limited provisions related to date  labels applied by manufacturers of packaged foods sold in retail food  stores and food-service establishments. For example, the Food Code  contains a provision regarding shellfish. It specifies that retailers should  only obtain shucked shellfish in packages that identify the “sell by” or  “best if used by” date for packages of less than a half-gallon or the date  shucked for those of a half-gallon or more.

According to Food and Drug Administration  (FDA) documents, in response to infant- formula products that were causing illnesses  among children because the products lacked  sufficient nutrients and industry had too much  discretion to decide the appropriate nutritional  content of these products, Congress passed  the Infant Formula Act of 1980. The act  mandates that FDA set uniform standards for  the nutritional content of infant formula. Under  this act, FDA established a range of  regulations affecting infant formula, including a  requirement that its labels include “use by”  dates. The regulations mandate that  manufacturers determine dates on infant  formula based on tests that prove the  concentration of nutrients is adequate for the  health of children up to the marked date. In  addition to displaying a “use by” label,  manufacturers are required to regularly test for  the harmful pathogens (disease-causing  bacteria) Salmonella and Cronobacter and  demonstrate that the infant formula they  produce supports normal physical growth.

Additionally, the Food Code’s provisions regarding the labeling of  packaged foods state that “food establishment or manufacturers’ dating  information on foods may not be concealed or altered.” However, the  Food Code is voluntary and does not have provisions for the use of open- code date labels. The Food Code establishes limits for the time that a  refrigerated, ready-to-eat food that has been opened or prepared in a  food establishment may be held prior to sale or service. The date the food  shall be consumed, sold, or discarded must be clearly marked; however,  the date is not required to be visible to consumers and is handled  separately from the disposition of packaged foods on which a  manufacturer has voluntarily placed a date label. The Food Code also  specifies how foods prepared in-house using specialized processing  methods, such as reduced-oxygen packaging, are to be labeled to  ensure they are stored, displayed for sale, or consumed within time limits  considered adequate to reduce the risk of foodborne illness.

In October 2017, FDA issued information on its website for consumers  with food safety tips for foods purchased or received from a charity or  bargain store. For example, according to the information, an expired “sell  by” date does not necessarily mean that a food is spoiled or unsafe.  However, in some cases, if food has not been handled safely, illness- causing bacteria may grow. In addition, the information states that  consumers should avoid purchasing packaged foods that require  refrigeration and that are past the “use by” or “sell by” dates because  these foods may be perishable and may have begun to spoil.

Moreover, in May 2019, FDA published an educational fact sheet for  consumers on reducing food waste while maintaining food safety. This  fact sheet includes information about the meaning of language on date  labels, as consumers may waste food if they misunderstand what date  labels actually mean. For example, it explains that a “best if used by” date  indicates that a product will be at its best flavor and quality. On the fact  sheet, FDA recommends consumers download USDA’s FoodKeeper app  to know how long various food products will keep in the pantry, in the  refrigerator, and in the freezer.

Furthermore, FDA has promoted a voluntary industry initiative to  standardize approaches to date labeling of packaged foods and improve  consumer understanding of the meaning of date labels. In May 2019,  FDA issued a letter to industry that described FDA’s position on the  voluntary industry standard proposed by the Food Marketing Institute and  the Grocery Manufacturers Association in January 2017. This voluntary  industry standard called for using the “best if used by” introductory phrase  in quality-based date labels on packaged foods. FDA said the agency  strongly supports industry’s voluntary efforts to use the “best if used by”  introductory phrase when grocery manufacturers choose to include a  quality-based date label to indicate when a product will be at its best  flavor and quality. While the Food Marketing Institute and the Grocery  Manufacturers Association recommended the use of the introductory  phrase “use by” to indicate the date by which products should be  consumed or discarded for safety reasons, FDA did not address the “use  by” product date label for safety reasons in the agency’s letter to industry.

USDA and FDA Have Taken Steps to Coordinate with Each Other and Some Stakeholders but Have Not Coordinated with Other Stakeholders on an Approach to Date Labels

USDA and FDA Have Coordinated on Some Initiatives

USDA and FDA have coordinated on some initiatives focused specifically  on date labels on packaged foods. For example, USDA and FDA officials  told us the agencies are working together to develop information for food  banks, food donors, and recipients of donated food regarding how to  interpret date labels on packaged foods donated to food banks to ensure  that food that is past the date on the label—but otherwise edible—is not  wasted. USDA officials told us the agencies plan to finalize this  information in 2019.

USDA and FDA are also collaborating with EPA on an initiative to reduce  food loss and waste. In October 2018, USDA, FDA, and EPA signed a  formal interagency agreement, referred to by the agencies as the Winning  on Reducing Food Waste Initiative. The formal agreement states the  agencies are committed to increasing collaboration and coordination in  existing federal programs in areas of mutual interest relating to the  reduction of food loss and waste, and to developing an interagency  strategy to address this issue. According to USDA’s website, as part of  this collaborative effort, the agencies agreed to coordinate food loss and  waste actions, such as education and outreach, research, community  investments, voluntary programs, public-private partnerships, tool  development, technical assistance, event participation, and policy  discussions on the impacts and importance of reducing food loss and  waste. According to the agreement, the agencies will seek to work  together at the federal level with actors throughout the entire food supply  chain to leverage the private and nongovernmental sectors. Specifically,  the agreement states the agencies will seek to educate these actors on  best practices to reduce food loss and waste in the growing,  manufacturing, transporting, selling and disposing of food, handling,  preparation and storage of food, as well as creating new uses for excess  food.

After announcing the formal agreement in October 2018, the three  agencies in April 2019 announced a federal interagency strategy to  prioritize and coordinate their efforts as they implement the formal  agreement. This strategy identifies date labeling as a priority action area  and states that “establishing and communicating clearer, coordinated  voluntary guidance on food date labels and liability protection around food  donation could help increase food recovery and lead to reductions in food  waste and food insecurity.” In the strategy, the agencies state that they  built on information from several sources, including EPA and USDA’s Call  to Action by Stakeholders: United States Food Loss & Waste 2030  Reduction Goal and two reports from nonprofit organizations, all of which  cited clarifying or standardizing date labels as a key element for food loss  and waste reduction efforts.

Establishing a formal agreement is a positive step and aligns with leading  practices for interagency collaboration. We have previously found that  interagency collaborations benefit from collaborative mechanisms, such  as written agreements, in that agencies can strengthen their commitment  to working collaboratively, which USDA and FDA have done.

USDA and FDA Have Taken Steps to Work with Some Nonfederal Stakeholders to Address Date Labels but Have Not Coordinated with Others

In addition to steps they have taken toward interagency collaboration,  USDA and FDA have taken steps to work with some nonfederal  stakeholders—nonprofit organizations and an international organization— on date labeling. For example, in February 2019, USDA, EPA, and FDA  met with NRDC and the Ad Council to discuss campaigns to inform the  public about ways to reduce food loss and waste, which includes  consumer education on date labeling. According to FDA officials, the  agencies will meet with the two groups later in 2019 to continue this  discussion. In addition, in April 2019, in keeping with the goal in the  agencies’ Winning on Reducing Food Waste Initiative to expand  collaboration with nonfederal stakeholders, EPA, FDA, and USDA signed  a formal agreement with ReFED to collaborate on efforts to reduce food  loss and waste. The agreement outlines actions the agencies and  ReFED agree to take, including that the agencies will consult with ReFED  to develop approaches for measuring the success of various strategies  and techniques being deployed nationwide to reduce food waste.

Furthermore, USDA and FDA provide senior staff and executive  delegates to represent the United States at the Codex Alimentarius  Committee on Food Labelling, among other committees under the  purview of the Codex Alimentarius Commission. The commission, an  international intergovernmental body, produces the Codex Alimentarius,  or “Food Code,” a collection of standards, guidelines, and codes of  practice related to food, food production, and food safety. In 2018, the  commission revised its voluntary guidance on date labeling to clarify the  distinction between dates based on food quality and those based on food  safety. Because the Codex Alimentarius is a voluntary reference  standard, its guidance, including on date labels, is not binding on member  countries, including the United States.

However, USDA and FDA have not consulted with all relevant  stakeholders. For example, state and local officials we spoke with told us  that USDA and FDA had not collaborated with them or consulted them on  approaches to date labels. In our prior work, we identified a leading  practice for interagency collaboration that calls for ensuring that the  relevant participants are included in interagency collaborative efforts.  Such efforts can include other federal agencies; state, local, and tribal  governments; industry; and nonprofit advocacy organizations. Generally,  state, local and tribal governments may choose whether to regulate date  labels on packaged foods. For example, the majority of states and the  District of Columbia have date labeling requirements. Advocacy  organizations and state officials told us that efforts at reducing consumer  confusion about date labels could be hindered without federal leadership,  as states may continue to have varying approaches. USDA and FDA  officials told us that they did not have a specific mechanism to coordinate  or consult with state, local, or tribal officials on creating a common  approach to date labels. By developing a mechanism to facilitate  coordination with nonfederal stakeholders—including state, local, and  tribal governments—on actions related to date labels as part of their  efforts to reduce food loss and waste, USDA and FDA could better assure  that approaches they take to address consumer understanding of date  labels are effective in helping reduce consumer confusion and resulting  effects such as wasted food.

USDA and FDA have taken important steps toward reducing consumer  confusion about date labels by, among other things, providing information  to consumers and, in USDA’s case, by conducting research on food  waste. In addition, in October 2018, USDA, FDA, and EPA signed a  formal agreement aimed at improving coordination and communication  across federal agencies to educate Americans about the benefits of  reducing food loss and waste.

However, although USDA and FDA have taken steps to work with some  nonfederal stakeholders, such as ReFED, on date labels, they have not  worked with state, local, and tribal governments. We have identified that  ensuring relevant stakeholders have been included in the collaborative  effort as a leading collaboration practice. By developing a mechanism to  facilitate coordination with relevant nonfederal stakeholders on actions  related to date labels as part of their efforts to reduce food loss and  waste, USDA and FDA could better assure that approaches they take to  address consumer understanding of date labels are effective in helping  reduce consumer confusion and resulting effects such as wasted food.

We are making two recommendations to the agencies in our review:

The Secretary of Agriculture should work with the Commissioner of  FDA to develop a mechanism to facilitate coordination with relevant  nonfederal stakeholders, including state, local, and tribal  governments, on actions related to date labels as part of their efforts  to reduce food loss and waste. (Recommendation 1)

The Commissioner of FDA should work with the Secretary of  Agriculture to develop a mechanism to facilitate coordination with  relevant nonfederal stakeholders, including state, local, and tribal  governments, on actions related to date labels as part of their efforts  to reduce food loss and waste. (Recommendation 2)

We provided a draft of this report to the Departments of Agriculture and  Health and Human Services for review and comment. In its comments,  reproduced in appendix I, USDA agreed with our recommendation to the  agency and described current and future actions to implement the  recommendation. Similarly, in its comments, reproduced in appendix II,  the Department of Health and Human Services agreed with our  recommendation to it and described current and future actions to  implement the recommendation. USDA and the Department of Health and  Human Services provided technical comments, which we incorporated as  appropriate.

We are sending copies of this report to the appropriate congressional  committees; the Secretaries of Agriculture and Health and Human  Services; and other interested parties. In addition, the report will be  available at no charge on the GAO website at http://www.gao.gov.

If you or your staff members have any questions about this report, please  contact me at (202) 512-3841 or morriss@gao.gov. Contact points for our  Offices of Congressional Relations and Public Affairs may be found on  the last page of this report. GAO staff members who made contributions  to this report are listed in appendix III.

Appendix I: Comments from the U.S. Department of Agriculture

Appendix II: Comments from the U.S. Department of Health and Human Services

Appendix III: GAO Contact and Staff Acknowledgments

In addition to the contact named above, Anne K. Johnson (Assistant  Director), David Bennett (Analyst-in-Charge), Tara Congdon, and Jordan  Mettica made key contributions to this report. Carol Bray, Kevin Bray,  Serena Lo, Oliver Richard, Danny Royer, Kiki Theodoropoulos, and  Sarah Veale also contributed to this report.

Almost a third of the food produced in the U.S. goes to waste. This includes food thrown out due to confusion over the date printed on its packaging (date labels).

Manufacturers use a variety of labels such as "best by" or "enjoy by" to show how long food will have the best taste. However, consumers may falsely believe these are expiration labels and throw out food that is still safe to eat.

States regulate date labels for some foods. USDA and the Food and Drug Administration are educating consumers about date labels but do not regulate them. We recommended improved federal coordination with state and local governments on these labels.