In late September, a significant move took place in California as Gov. Gavin Newsom signed legislation. This legislation aimed to bring about a change in food labeling by banning the use of “sell-by” dates and instead mandating standardized language. As reported by Food & Wine earlier, the intention behind this was to combat confusion and reduce food waste. Current labeling practices include a variety of terms such as “display until,” “freshest by,” or “best before.” Now, it seems that both the US Food and Drug Administration and the U.S. Department of Agriculture are giving serious thought to similar changes.

Agencies' Request for Information on Food Labeling

In early December, the agencies sent out a request for information and feedback regarding food labeling. The request noted that FSIS and FDA (the agencies) are seeking public input on food date labeling. It specifically asks for information on industry practices and preferences for date labeling, research results on consumer perceptions of date labeling, and any impact that date labeling may have on food waste. As they explained, both agencies have the responsibility of ensuring that food labels on products under their jurisdiction are truthful and not misleading. They also ensure that “meat, poultry, and egg products are safe, wholesome, and properly labeled and packaged.” Additionally, the FDA regulates a significant portion of the nation’s food supply, including fruits, vegetables, dairy, grain, packaged foods, shell eggs, seafood, infant formula, dietary supplements, beverages, and game meat, guaranteeing that all their labeling is “truthful and non-misleading.”

Goal of Reducing Food Loss and Waste

Now, the agencies are focused on making these labels even more understandable. This is partly in response to the National Strategy for Reducing Food Loss and Waste and Recycling Organics set out by the Biden-Harris Administration during the summer. In their letter, they explained that this national strategy presents a pathway to achieving the national goal of reducing food loss and waste by 50 percent by 2030. This is a highly ambitious and important goal. The U.S. Environmental Protection Agency 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 percent) was sent to landfills. An additional 40 million tons of wasted food was generated in the food and beverage manufacturing and processing sectors. Wasted food is the single largest category of material placed in municipal landfills.Beyond ending up in landfills, saving this food could have a significant impact. It could help feed American families in need. By identifying which foods are wasted the most, they may be able to avoid the unnecessary use of water, land, and labor by producing less of it.

Comments and Proposed Labeling Changes

In response to this goal, the FSIS and FDA received comments encouraging them to update the federal date labeling requirements and create standardized labels, similar to what California has implemented. According to the agencies, the use of different phrases to describe dates can cause consumer confusion and lead to the premature disposal of wholesome and safe food because it is past the date printed on the package. They plan to recommend that food industry members voluntarily apply the “Best if Used By” food date label. This label notes the date after which the quality may decline, but the product can still be consumed. The “Best if Used By” label aims to lessen consumer confusion and reduce wasted food. It is also the label that consumers believe communicates quality. You can submit your comments and feedback about the proposal at regulations.gov.Emilio Esteban, undersecretary for food safety at USDA, shared in a statement, “Food labels contain a wealth of information for consumers, including a food product’s ‘best if used by’ date. Through this request for information, we hope to learn more about how those date labels are determined and whether they confuse consumers and lead to needless food waste.”