What we read between the lines of the Food Date Labeling Act of 2025

This comprehensive federal legislation standardizes food date labeling nationwide while establishing new enforcement mechanisms across multiple federal agencies.

The Food Date Labeling Act creates uniform national standards for food date labels, requiring "BEST If Used By" for quality dates and "USE By" for safety dates. The bill aims to reduce consumer confusion and food waste through standardized terminology coordinated between USDA and HHS.

Between the Lines Analysis

⚖️ Federal Authority Expands Over State Food Safety Programs Section 3 includes sweeping preemption language that strips states of authority to establish different food date labeling requirements. States cannot prohibit the sale or donation of foods past quality dates, potentially undermining existing state food safety programs and local health department oversight.

🏛️ Criminal Penalties Hidden in Technical Amendments Section 4 quietly transforms labeling violations into federal misbranding offenses under four separate food safety statutes. Improper date formatting can now trigger criminal prosecution, civil fines, product seizures, and facility shutdowns under existing enforcement frameworks originally designed for contaminated food.

📅 Two-Year Implementation Creates Regulatory Vacuum Sections 5 and 6 establish a two-year timeline for both regulatory development and industry compliance. This compressed schedule requires coordinated rulemaking between USDA and HHS while providing no interim guidance for manufacturers navigating the transition period.

🔍 Enforcement Coordination Lacks Clear Framework Section 3 mandates FTC coordination on enforcement but provides no mechanism for resolving jurisdictional disputes between agencies. The bill creates overlapping authority without establishing clear boundaries for consumer education versus enforcement actions.

Among the Takeaways

⚠️ Congress promotes this as consumer-friendly food waste reduction. Buried in Section 3, however, is language that prevents states from restricting sales of expired food, potentially overriding local health protections.

⚠️ The bill appears to address simple labeling confusion. Section 4 actually creates new federal crimes for formatting errors, subjecting food companies to the same penalties as those selling contaminated products.

⚠️ Lawmakers frame this as voluntary industry guidance. The legislation mandates criminal misbranding penalties within two years, forcing immediate compliance across the entire food supply chain.