The U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) have issued a joint request for information (RFI) about food date labeling (e.g., terms like “Sell By, “Use By,” and “Best By”), including industry practices, consumer perceptions, and impacts on food waste and grocery costs. The RFI can be accessed here and is open for comment until February 3, 2025.

For example, the RFI asks questions including, but not limited to:

• Which products contain date labels, and which do not, and why?
• Would a particular product have a different date depending on the phrase used, and why?
• What standards or criteria do manufacturers and producers consider when deciding what date to use?
• What studies or data are available on consumer understanding of current date labeling on food, and are there data and studies that demonstrate that consumers are confused by date labels and believe the dates determine whether food is safe?
• What studies detailing the effects of date labeling on food waste should FSIS and FDA consider?
• What factors do firms and individuals consider when determining which food items to donate or discard?

According to FDA Deputy Commissioner for Human Foods Jim Jones, it has been estimated that confusion over the multitude of different date labeling terms on food products accounts for about 20 percent of food waste in the home. The RFI is motivated by the National Strategy for Reducing Food Loss and Waste and Recycling Organics, which sets a goal to reduce food loss and waste in the U.S. by 50 percent before 2030. Thousands of comments made in response to the draft National Strategy encouraged USDA and FDA to update federal date labeling requirements, including standardizing date labeling, indicating that the current variety of phrases used on a voluntary basis creates consumer confusion over what food is safe to eat.

Feedback received in response to the RFI will be used to inform future policy decisions, guidance, or consumer education campaigns about food date labeling.

At present, both FDA and USDA recommend that industry voluntarily apply the “Best if Used By” to indicate the date after which a food product’s quality may decline but the product may still be consumed. Although the agencies 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.”

USDA-FDA RFI Follows Recently Passed California Bill Standardizing Food Date Labeling

The federal RFI follows recent, first-of-its-kind legislation passed in California standardizing “Best if Used By” dates on food and banning the use of “Sell By.” Signed into law on September 28, 2024, California Assembly Bill 660 mandates that companies selling food products in the state must only use “Best If Used By” to indicate the date by which a product will reach its peak quality, and “Use By” to indicate the date by which a product’s safety can no longer be guaranteed. The use of consumer-facing “Sell By” dates will be prohibited to reduce the chances of consumers confusing “Sell By” dates with quality or safety dates.

Update, January 6, 2024: USDA and FDA have extended the comment period for the RFI. The comment period will now end on March 5, 2025.