PolicyBrief
S. 2541
119th CongressJul 30th 2025
Food Date Labeling Act of 2025
IN COMMITTEE

This Act establishes national, standardized phrases—"BEST If Used By" for quality and "USE By" for discard—for food date labeling to clarify product freshness and safety.

Richard Blumenthal
D

Richard Blumenthal

Senator

CT

LEGISLATION

Food Date Labeling Act Mandates 'USE By' and 'BEST If Used By' Nationwide to Cut Confusion and Waste

The Food Date Labeling Act of 2025 is trying to solve that universal problem: standing in front of your fridge, staring at a yogurt container, and wondering if “Sell By” means “Throw Away Now.” This bill establishes a single, national standard for date labels on food packaging, aiming to clear up confusion and, hopefully, reduce the massive amount of perfectly good food we toss every year.

The Two Phrases That Matter

This legislation cuts through the confusing mess of “Sell By,” “Best Before,” and “Guaranteed Fresh” dates by mandating only two specific phrases. This is the core change (SEC. 3). If a company chooses to put a date on a product, they must use one of these two terms:

  1. “BEST If Used By” (Quality Date): This tells you when the food is at its peak quality. Crucially, the bill clarifies that after this date, the food is still considered “apparently wholesome food” under the Good Samaritan Food Donation Act. Translation: Your milk might not taste perfect, but it’s still safe to drink (SEC. 2).
  2. “USE By” (Discard Date): This is the safety warning. The manufacturer is advising you to discard the product after this date, regardless of quality. This is the date that actually matters for food safety (SEC. 2).

If the package is tiny—think a single spice packet—the Secretaries of Agriculture and Health and Human Services can approve abbreviations like “BB” or “UB,” but manufacturers must use the full phrases unless those abbreviations are officially approved through future rules (SEC. 3).

What This Means for Your Grocery Bill and Fridge

For consumers, the biggest win here is clarity. No more guessing games. If it says “BEST If Used By,” you know you can still use it past that date, which should mean less food waste in your kitchen and more money staying in your pocket. This is especially good news for food banks and donation centers, as the bill explicitly protects their ability to accept and distribute food past its Quality Date (SEC. 2).

However, there’s a catch in the fine print regarding state laws. While this federal law doesn't stop a state from enforcing rules that prohibit the sale or donation of food after its mandatory “USE By” date, it does stop states from banning the sale of food solely because its “BEST If Used By” date has passed (SEC. 3). This is a classic case of federal preemption: manufacturers get one set of rules nationwide, but it limits the ability of states to enforce stricter consumer protection laws regarding peak quality.

The Government’s Homework and the Rollout

This new system won’t hit shelves tomorrow. The Secretaries have two years to issue final regulations, meaning they have to figure out all the technical details (SEC. 5). Within that same two-year window, they also have to run consumer education campaigns to teach everyone what these new phrases actually mean (SEC. 3). The rules themselves won't apply to any food product labeled until two years after the law is enacted (SEC. 6). So, we’re looking at a four-year runway before you see these labels everywhere.

Finally, the bill updates the definition of “misbranding” across the board—for general food, poultry, meat, and egg products—to include violations of these new labeling standards (SEC. 4). This means federal inspectors will have a clear, unified standard to enforce, replacing the patchwork of regulations that existed before.