What the Food Date Labeling Act of 2023 Means for Manufacturers

The Food Date Labeling Act of 2023, introduced on May 9, 2023, would standardize food date labels to two phrases: "BEST If Used By" (BB) for quality dates and "USE By" (UB) for discard dates. Sometimes called "Code Date Labeling," it matters to anyone in the agriculture and food and beverage industries, and Vision AI can verify date labels on the line.

The bill requires “the quality date on a food label (i.e., the date after which the quality of the item may deteriorate) to include the phrase BEST If Used By or the abbreviation BB. Similarly, the discard date on a food label (i.e., the date after which the item should not be consumed) must include the phrase USE By or the abbreviation UB. Abbreviations may only be used if the full phrase does not fit on the label (source).”

Manufacturing leaders in this space should investigate adopting innovative technologies like Vision AI as a crucial step toward ensuring compliance and maintaining consumer trust.

What does the Food Date Labeling Act of 2023 require?

This legislation was designed to address several key issues, including:

• Transparency: Consumers have become increasingly conscious about the contents of the products they consume. The act mandates clearer and more accurate labeling, providing consumers with vital information about ingredients, nutritional content, and potential allergens in a more consistent and easier-to-understand way.
• Health and Safety: Ensuring the safety of consumers is paramount. The act imposes stricter guidelines on food labeling to mitigate health risks associated with misleading or incomplete information.
• Environmental Concerns: With growing awareness of sustainability issues, the act also emphasizes transparency regarding the environmental impact of food production and packaging. Increasing clarity of labeling and relaxing overly stringent state food donation restrictions, will also help to reduce food waste while better serving communities. 

The Food Date Labeling Act of 2023 would:

• Establish a dual label system reducing the available labeling language to two phrases: one quality date indicator and one discard date indicator. If a manufacturer chooses to use a date to indicate a food product’s quality, it must use the phrase “BEST if Used By” or “BB” if the package has limited space.
•  If a manufacturer chooses to use a date to indicate when food should be discarded for safety reasons, it must use the standard language “USE By” or “UB” if the package has limited space.
• A manufacturer may add ‘‘or Freeze By’’ following a quality date or discard date uniform phrase.

It would also eliminate state laws that bar the sale or donation of food past the quality date. States could still prohibit the past-date sale or donation of foods bearing the "Use by" discard date.

Finally, it would instruct the USDA and FDA to work together to educate consumers and food companies about the meaning of the new labels so they can make better economic and safety decisions.

Why does labeling compliance matter?

Compliance with the Food Labeling Act is not just a legal obligation; it’s a commitment to integrity and consumer welfare. Failure to comply can result in significant consequences, including fines, recalls, damage to brand reputation, and loss of consumer trust. Even in today’s rapid news cycles, a food product recall can have long-lasting impacts on product sales. 

Manufacturing leaders must recognize the importance of adhering to these regulations and implement robust systems to ensure compliance throughout the production process.

How does Vision AI help with date label compliance?

An Industry 4.0 technology, Vision AI uses cameras and machine learning algorithms to analyze visual data in real time.

A well-trained Vision AI model can recognize:

• Misplaced code date labels and if that misplacement is critical enough to interrupt production
• Legibility: Is the printer low on ink? Is there enough contrast between the ink color and the packaging color? Is the printing smudged and hard to read?

By catching these and other errors, manufacturers can reduce errors and the waste of mislabeled products.

Here’s how Vision AI can help food and beverage manufacturers stay compliant with the Food Labeling Act:

• Food Date Labeling: By leveraging advanced image recognition algorithms, Vision AI can accurately analyze product packaging to identify date labels such as “BEST If Used By” or the abbreviation “BB.” This technology not only streamlines the process of monitoring expiration dates but also reduces the risk of human error. Manufacturers can implement Vision AI systems to automatically detect any discrepancies between the labeled dates and regulatory standards, thereby enhancing overall compliance and consumer safety. 
• Ingredient Recognition: Vision AI can identify ingredients with remarkable precision, ensuring that products are labeled accurately and by regulatory requirements. This technology can detect even minor deviations or inconsistencies, reducing the risk of mislabeling errors.
• Quality Control: In addition to regulatory compliance, Vision AI can enhance overall product quality by detecting defects, contaminants, or irregularities in the manufacturing process. By maintaining high standards of quality control, manufacturers can uphold consumer trust and safeguard their reputation.
• Packaging Verification: The Food Labeling Act extends beyond product labeling to include packaging materials and environmental claims. Vision AI can verify the accuracy of packaging labels, assess environmental impact statements, and ensure compliance with sustainability standards.

The Food Labeling Act of 2023 has ushered in a new era of transparency and accountability in the food and beverage industry. For manufacturing leaders, compliance with these regulations is non-negotiable, requiring a proactive approach and the adoption of innovative technologies like vision AI. 

By leveraging vision AI for ingredient recognition, allergen detection, quality control, and packaging verification, manufacturers can uphold the integrity of their products, mitigate risks, and build trust with consumers.

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Frequently asked questions

What date labels would the Food Date Labeling Act require?

Quality dates would use "BEST If Used By" and discard dates would use "USE By." The abbreviations BB and UB may only be used if the full phrase doesn't fit on the label, and a manufacturer may add "or Freeze By" after either phrase.

What is the difference between a quality date and a discard date?

A quality date is the date after which the quality of the item may deteriorate. A discard date is the date after which the item should not be consumed.

Would the act change food donation rules?

It would eliminate state laws that bar the sale or donation of food past the quality date, though states could still prohibit past-date sale or donation of foods with a "Use by" discard date.

What label problems can Vision AI catch?

A well-trained Vision AI model can recognize misplaced code date labels and legibility problems such as low printer ink, poor contrast between ink and packaging, or smudged printing.