Food Date Labeling Act Standardizes 'BEST If Used By' and 'USE By' Nationwide, Restricting State Labeling Laws

If you’ve ever stared into your fridge, holding a carton of yogurt past its date and wondering, “Is this still good, or am I playing food poisoning roulette?” then this bill is for you. The Food Date Labeling Act of 2025 is trying to fix the messy, confusing system of food date labels that currently exists across the country.

The Straight Scoop on Standardized Labels

Right now, different companies use different phrases—'Sell By,' 'Expires On,' 'Best Before'—which leads to massive amounts of perfectly good food being thrown out because people are confused. This bill aims to stop that by creating two national, standardized phrases, but here’s the key: using them is voluntary for food producers. If a company decides to put a date on their product, they must use one of these two phrases, according to Section 3:

1. “BEST If Used By” (or “BB”): This is the Quality Date Phrase. It means the food is at its peak quality until this date. Crucially, the bill explicitly says that after this date, the food is still considered “apparently wholesome” and safe to eat, even if the crunch is gone from your chips or the yogurt is a little less tangy. This is a huge win for food banks and donation efforts.
2. “USE By” (or “UB”): This is the Discard Date Phrase. This date is the manufacturer’s advice for when the food should no longer be consumed for safety reasons. This phrase is reserved for products where safety is the main concern, not just quality.

The bill mandates that these dates must be displayed clearly in a single, easy-to-read font, using the month and year, or month, day, and year. If a label fails to use these standardized phrases correctly, it is officially considered misbranded under existing federal laws covering FDA, USDA Meat, Poultry, and Egg products (Section 4), which means penalties and enforcement are already baked in.

The Catch: What It Means for Your State

While standardization is generally a good thing for busy consumers and companies selling across state lines, there’s a significant trade-off in Section 3. This federal law preempts states from creating their own date phrases. For example, a state can’t decide it wants to mandate “Eat By” instead of the federal “USE By.” This limits the ability of states to innovate or impose stricter labeling rules that might be more protective or clear for their residents.

However, the bill leaves one crucial power with the states: they are still allowed to enforce their own existing laws that prohibit the sale or donation of food after its discard date has passed. So, while the language on the label is federally controlled, the consequence of passing that date can still be determined locally.

The Tech Loophole and the Two-Year Clock

In a nod to the digital age, Section 3 also allows companies to use QR codes, smart labels, or time-temperature indicators on the packaging. Here’s the part that needs scrutiny: the bill states that companies “aren’t prohibited from using that technology instead of the required phrases if they want to.” For the average person trying to quickly check a date label in the grocery store, relying solely on a QR code could be a hassle. This provision introduces a potential loophole where the goal of clear, immediate information could be undermined by shifting the burden onto consumers to scan a code to find the required date.

Producers get a long runway for this change. The “Administering Secretaries” (the FDA and USDA folks) have two years to finalize the rules and, critically, they must use that time to educate consumers about what “BEST If Used By” and “USE By” actually mean. Furthermore, the new rules don’t actually kick in for newly labeled products until two years after the law is passed (Section 6). This gives manufacturers ample time to update their printing processes without costly immediate overhauls.