USDA and FDA Announce Joint Request for Information About Food Date Labeling

On December 3, 2024, USDA and the U.S. Food and Drug Administration (FDA) announced 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” The RFI is seeking 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. 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.

FSIS and the FDA jointly have broad jurisdiction and oversight over the U.S. food supply. The agencies have responsibility for ensuring that food labels on products over which they each have jurisdiction are truthful and not misleading. The information collected from the RFI may be used to inform future policy decisions, guidance, or consumer education campaigns on food date labels intended to help reduce the premature discard of wholesome and safe food.

This is one of many actions taken in response to the National Strategy for Reducing Food Loss and Waste and Recycling Organics, which was released by the FDA, USDA and the U.S. Environmental Protection Agency (EPA) in June 2024. The USDA estimates that 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, food service, and residential sectors, and most of this waste (about 60%) was sent to landfills. The National Strategy lays out a path that would enable the U.S. to meet its national 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.

In response to the draft National Strategy for Reducing Food Loss and Waste and Recycling Organics, the FDA and the USDA received over 9,800 comments encouraging an update of the federal date labeling requirements, including standardizing date labeling. Commenters noted that food manufacturers use a variety of phrases such as “Sell By,” “Use By” and “Best By” on product labels to describe dates on a voluntary basis. According to commenters, the use of different phrases to describe dates may cause consumer confusion and lead to the premature disposal of wholesome and safe food because it is past the date printed on the package. The RFI attempts to explore the issues raised in those comments by asking stakeholders for information they have relevant to this topic.

Both USDA and FDA 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. Although USDA and FDA 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.

Commenters have until February 3, 2025, to provide comments responsive to one or more of the 13 questions posed.