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Updated November 2, 2016
Uniform Date Labeling of Food May Address Food Waste
Several bills addressing food waste have been introduced in
the 114th Congress. Comprehensive food waste and
Open Date Labeling Terminology
recovery legislation has been introduced in both the House
Sell by—Date, determined by food manufacturers, by
(H.R. 4184) and Senate (S. 3108). These bills would
which the food at retail should be sold unless it is frozen
expand the mission and funding for several existing federal
prior to or upon reaching the date. The product may be
programs to cover a range of food waste efforts, including
usable beyond this date before the quality is less than the
the additional funding for loans and grants to expand use of
manufacturer’s standards for consumer acceptance. About
composting and energy projects, among other provisions.
one-third of the product’s shelf life remains typically after
These bills also include a proposal to modify federal food
the sell by date for consumer use at home. Manufacturers
date labeling requirements. Federal food date labeling is
may credit the store for the past-date product, especially if
further addressed in more detail within two other bills (H.R.
it is donated to food banks or food salvage stores.
5298; S. 2947). In addition, congressional appropriators
have expressed their concern about food waste and have
Use by—Date, determined by the product manufacturer
included language to the House FY2017 Agriculture
by which the product should be consumed. Retail packaging
Appropriations committee report (H.Rept. 114-531) that
of certain reduced-oxygen packaged foods requires labeling
would require the Food and Drug Administration (FDA) to
with use by dates and time limits for refrigerated shelf life.
study current and potential labeling language and determine
Some recommend discarding product after the use by date.
what language and/or format might be most effective to
Best by, best if used by, best if used before, or best
reduce consumer confusion regarding food date labeling.
before—Dates by which the product should be consumed
for ideal quality. These may be combined with a freeze by
Food Date Labeling in the United States
statement (for example, best if used by X or “can be frozen
Food date labeling consists of a calendar date on a food
but must be used within X days if taken from the freezer”),
label with an accompanying explanatory phrase such as
which is becoming commonly used with poultry and fish.
“sell by,” “use by” or “best by” (referred to as open date
Source: CRS from 2014 study by the Institute of Food Technologists. Other
labeling; see text box). Date labeling is intended to convey
terms may include “expires on,” “enjoy by,” and terms listed in Table 1.
information to food retailers and consumers regarding a
product’s shelf life and optimum quality as well as for stock
rotation in-store. These dates (sometimes coded) primarily
Figure 1. Ways to Prevent Food Waste
convey information regarding food product quality and are
generally not critical to food safety. Food date labeling is
generally not required by federal regulation, and the
regulatory requirements and guidance varies considerably
by state and also globally. There is also considerable
variation in the terminology that manufacturers use on food
product packaging.
Some attribute the absence of standardized food date
labeling and the current array of best-if-used-by, expiration,
packing, or pull dates with consumer confusion about the
meaning of the different food date labels. Consumers often
mistakenly believe that past-date foods are unsuitable for
consumption, causing them to discarding food prematurely.
A 2011 study by the Food Marketing Institute found that
nearly 40% of consumers reported that they always discard
Source: CRS from data in the 2016 ReFED report, A Roadmap to
food when it is past its use by date and about 25% reported
Reduce U.S. Food Waste by 20 Percent. Based on diversion potential or
that they discard food when it is past its sell by date. More
waste reduction potential from preventive solutions (not including
than 10% of consumers reported that they believe eating
diversion potential from recovery or recycling solutions).
food past its sell by date would pose a serious health risk.
Current Law on Food Date Labeling
A 2016 study by ReFED (a group of business, nonprofit,
Except for infant formula, federal law does not require the
and government leaders) reports that uniform date labeling
federal food safety agencies to implement a national food
is among the top solutions to prevent food waste (based on
dating system. Laws governing food regulation at FDA and
diversion potential to reduce waste) and could help address
the Food Safety and Inspection Service (FSIS) at the U.S.
an estimated 15% of preventable food waste (Figure 1).
Department of Agriculture do not give these agencies
The study’s researchers claim uniform that date labeling
explicit authority to impose specific date labeling
may be the most cost-effective way to address waste.
requirements for foods. Instead, date labeling information is
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Uniform Date Labeling of Food May Address Food Waste
largely at the discretion of the manufacturer. FDA does not
These graphics mask the often wide variation among states
require food manufacturers to put open dating terminology
in terms of regulatory stringency. Figure 2 also shows the
on food product labels, and laws governing FDA’s food
20 states and the District of Columbia that regulate the sale
safety activities do not preclude the sale of food past the
of food products after the expiration of some label dates.
expiration date on the label. Similarly, date labels are
Thirty states do not impose such restrictions. States also
generally not required on FSIS-regulated food products.
differ widely in the kinds of foods they require to bear date
FSIS is required to put a pack date on poultry products.
labels and in the types of date labels that are required. In
Also, if a date is shown on the label of an FSIS-regulated
some jurisdictions, retailers risk criminal prosecution.
product, it must display the month, date, and year in
A 2014 study by the Institute of Food Technologists (IFT)
addition to a phrase explaining the meaning of that date
further illustrates that food date labels differ by country.
(such as the sell by or use before date).
However, food date labeling is regulated at the state and
Policy Recommendations
local levels, and the requirements often vary widely. A
Researchers have recommended several policy options to
2013 study by the Harvard Food Law and Policy Clinic and
address challenges faced by food manufacturers and
the Natural Resources Defense Council (“Harvard/NRDC”)
retailers, as well as by consumers and other stakeholders
documents regulations in each state by product category,
under the current food date labeling system. For example,
highlighting the extent that states differ in how they have
the IFT and Harvard/NRDC studies broadly recommend:
implemented their own open date labeling system for foods.
1. Establish and convert to a uniform food date
Figure 2 shows the 41 states and the District of Columbia
labeling system nationwide for both quality-
that require date labels on at least some foods. Nine states
based and safety-based date labels on foods;
do not require such labels on any foods.
2. Educate consumers on the meaning of date
Figure 2. Regulating Foods Past Some Label Dates
labeling regarding food quality and provide
more safe food handling information;
3. Coordinate state and federal resources related
to regulatory enforcement (e.g., to focus on
food safety concerns rather than quality); and
4. Develop and advance technologies to indicate
when foods no longer meet quality or safety-
related criteria (e.g., time and temperature
requirements to ensure food safety; freeze by
dates and freezing information, if applicable).
These studies further emphasize the importance of ensuring
that any food date label is visible to consumers and that the
terminology is standardized and easily understood. A 2014
survey of Wal-Mart consumers reported that 87% of
customers surveyed preferred the terminology “best if used
by” to convey information about food quality; other
preferred terms were also noted (Table 1). Finally, some
countries are considering removing date labels on shelf-
stable foods, such as rice, noodles, coffee, vinegar, and salt.
Table 1. Wal-Mart Customer Survey Results (2014)
Top Preferred Quality Labeling Choices
Ranking
“Best If Used By"
87%
“At Best Quality Before"
47%
“Max Freshness By"
47%
“Use or Freeze By"
40%
“Best By"
40%
“At Best Quality Before"
33%
Source: Comments by Frank Yiannis, Vice President of Food Safety,
Wal-Mart, at the National Academies of Science, October 20, 2015.
For other background information, see CRS In Focus
IF10317, Policy Issues Involving Food Loss and Waste.
Renée Johnson, Specialist in Agricultural Policy
Source: Harvard/NRDC, The Dating Game: How Confusing Food Date
Labels Lead to Food Waste in America, Sept. 2013.
IF10398
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Uniform Date Labeling of Food May Address Food Waste
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