USDA & FDA Look to Industry to Clarify Date LabelingUSDA & FDA Look to Industry to Clarify Date Labeling

The US Food and Drug Administration (FDA) and the US Department of Agriculture (USDA) have created a joint Request for Information (RFI) about food date labeling, which includes terms such as “Sell By,” “Use By” and “Best By.”

The RFI seeks 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 decide 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.

As both the USDA and FDA have jurisdiction over the US food supply, research into proper labeling to provide more clarity, transparency, and cost savings for consumers coming from food manufacturers is necessary.

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“It has been estimated that confusion over the multitude of different date labeling terms on food products accounts for about 20% of food waste in the home. The information collected will help us understand consumers’ perception of terms like ‘Sell By,’ ‘Use By’ and ‘Best By,’” said FDA Deputy Commissioner for Human Foods Jim Jones. “We are looking forward to gathering valuable information to determine how date labeling can make it easier for consumers to know whether a food is still good to eat and avoid food waste. The FDA is committed to doing all that we can to support informed and sound decisions that are good for U.S. consumers.”

“Food labels contain a wealth of information for consumers, including a food product’s ‘best if used by’ date,” said USDA Under Secretary for Food Safety Dr. Emilio Esteban. “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.”

The RFI is one of many actions to be 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 US Environmental Protection Agency (EPA) in June 2024.

In response to the draft National Strategy for Reducing Food Loss and Waste and Recycling Organics, the FDA and the USDA received more than 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.

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