IDFA calls for consistent date labeling
Billions of dollars’ worth of food discarded by consumers because they don’t understand date labeling.
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Date labeling is used in a variety of formats on most packaged foods sold at retail today. Some date labeling is best described as the discard date; the date beyond which the food is unsafe, and it should be thrown out.
But there is also date labeling that may indicate when the food is of highest quality; food may still be consumed beyond this date safely for several days. Unfortunately, billions of dollars’ worth of perfectly good food is discarded by consumers each year because they misunderstand the meaning of the date labeling. Consistent, understandable date labeling concurrent with robust consumer education would help ensure perfectly good, nutrient-dense dairy products are consumed and not thrown away unnecessarily, preventing food waste.
Importantly, there is currently no federal requirement mandating date labeling on food packages or dictating the wording used for this type of statement. Bills have, however, been introduced in Congress to require consistent wording for date labeling nationwide, including most recently the Food Date Labeling Act of 2023, although these bills have never passed.
Eighteen states have passed legislation that dictates the wording used for date label markings on foods sold in their state, resulting in inconsistency between the states. Last fall, California passed a new mandate for companies that choose to include date labeling on food packages requiring use one of two date label phrases, “use by” or “best if used by” representing the discard date or quality date, respectively.
In December 2024, the Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) jointly asked for input from the public on a nationwide federal date labeling requirement. These agencies will use this input to determine if they should pursue rulemaking. This is a signal that the federal government may consider setting nationwide standards for date labels on food and beverage labels.
In our written comments responding to the Request for Information, IDFA urged the agencies to adopt a consistent nationwide approach on the wording of date label phrases, using “best if used by” for products that are limited by quality and “use by” for products that are limited by food safety considerations.
These phrases align with the California law that many dairy companies are in the process of updating labels to ensure compliance by 2026. A nationwide approach that uses these phrases would help dairy manufacturers label their products in a consistent way that is understandable and useful to retailers and consumers alike. It would also ensure Americans utilize nutrient-rich dairy products to the full extent of their shelf-life.
It is important to note that most state rules and federal bills are focused solely on the specific wording and phrases used to declare the appropriate date and not on mandating date labeling on all packaged foods. IDFA’s comments did not support the government requiring date labeling on all food and beverage labels, nor identifying the specific date declared.
The determination to declare any date and also the specific date placed on the label should remain within the purview of dairy companies. These companies have the knowledge and expertise to determine the most appropriate date based on the product, the processing, and the packaging that is being used.
It is vital that any change to product labeling, including mandating the phrases to be used as part of date labeling, be accompanied by robust consumer education. A consistent approach to date labeling nationwide will ensure that consumers have the information they need to select foods and beverages that are high quality and safe, while minimizing food waste.
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