Bill Text: NJ AR37 | 2018-2019 | Regular Session | Introduced


Bill Title: Urges President and Congress of United States to enact legislation standardizing food date labeling.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Consumer Affairs Committee [AR37 Detail]

Download: New_Jersey-2018-AR37-Introduced.html

ASSEMBLY RESOLUTION No. 37

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Urges President and Congress of United States to enact legislation standardizing food date labeling.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Assembly Resolution urging Congress and the President of the United States to enact legislation standardizing food date labeling.

 

Whereas, An estimated 40 percent, 160 billion pounds, of food in the United States is wasted each year, which has substantial ethical, financial, and environmental repercussions; and

Whereas, Studies indicate that in 2011 approximately 15 percent of households in the United States, at some point, lacked reliable access to a sufficient quantity of affordable, nutritious food, and that redistributing just 30 percent the nation's wasted food could feed every food-insecure American their entire diet; and

Whereas, Confusing and misleading food date labels, the dates stamped onto food items and accompanied by phrases such as "sell by," "use by," or "best by," contribute to the enormous waste of food; and

Whereas, Though the majority of consumers believe consuming food past the labeled date presents a safety risk, the truth is that date labels generally are not intended to indicate a food product's safety, but rather are set by the manufacturer based on an estimate of freshness so that consumers will have the best experience of the product; and

Whereas, Unfortunately, consumers mistakenly believe that these dates are indicators of safety which causes them to throw away perfectly good food; and

Whereas, With the exception of infant formula, federal law does not regulate date labels; as a result, many states have enacted laws that are not based in science or sound public policy; and

Whereas, Some state laws contribute to food waste by mandating that food be thrown away past the labeled date; requiring date labels on certain food products; or restricting the sale or donation of products past the labeled date; and

Whereas, In the absence of federal date label regulation, the wording and meaning of date labeling terms vary widely, resulting in a significant waste of healthy, wholesome food that could be avoided with clearer, more uniform date labels; and 

Whereas, The number of possible date label terms currently used is nearly limitless; for instance, following a survey of its private label suppliers, WalMart discovered 47 distinct date label types on its private label products alone; and

Whereas, ReFED, a collaborative organization committed to reducing food waste in the United States, found that standardizing date labels nationally would divert 398,000 tons of food waste per year and provide $1.8 billion per year in economic value, making it the most cost-effective solution to this country's food waste problem; and

Whereas, Federal legislation entitled the "Food Date Labeling Act of 2016," which was introduced in 114th Congress, addresses food waste that occurs when people throw out fresh food because of their confusion over the meaning of food date labels; and

Whereas, This federal legislation would standardize food date labels by requiring producers, manufacturers, and distributors that choose to place a date label on food packaging to use the phrases "best if used by" to indicate food quality and the phrase "expires on" to warn of food that may be unsafe to eat after a specified date, and would require a safety date for a small group of foods, to be identified by the United States Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA), that could become less safe after the labeled date; and

Whereas, In addition, the legislation would eliminate laws that bar the sale or donation of food past the quality date, and requires the FDA, USDA, and the United States Department of Health and Human Services to educate consumers on the meaning of quality date and safety date food labels; and

Whereas, It is in the best interests of the citizens of the State of New Jersey and the nation that the United States Congress and President enact legislation to create a national uniform food date labeling system that distinguishes between quality and safety, ensures that food can be sold and donated after its quality date, and educates purchasers about the new labels' meaning; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.    This House respectfully urges Congress and the President of the United States to enact legislation to create a national uniform food date labeling system that distinguishes between quality and safety, ensures that food can be sold and donated after its quality date, and educates purchasers about the new labels' meaning.

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President and Vice President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Congress elected from this State.

 

 

STATEMENT

 

     This resolution urges Congress and the President of the United States to enact legislation to create a national uniform food date labeling system that distinguishes between quality and safety, ensures that food can be sold and donated after its quality date, and educates purchasers about the new labels' meaning.

     An estimated 40 percent, 160 billion pounds, of food in the United States is wasted each year, which has substantial ethical, financial, and environmental repercussions.  Confusing and misleading food date labels, the dates stamped onto food items and accompanied by phrases such as "sell by," "use by," or "best by," contribute to this enormous waste of food.  The majority of consumers mistakenly believe consuming food past the date label presents a safety risk, resulting in significant waste of healthy, wholesome food that could be avoided with clearer, more uniform date labels. 

     With the exception of infant formula, federal law does not regulate food date labels.  As a result, many states have enacted laws that are not based in science or sound public policy.  Federal legislation entitled the "Food Date Labeling Act of 2016," which was introduced in 114th Congress, addresses food waste that occurs when people throw out fresh food because of their confusion over the meaning of food date labels.  This legislation would standardize food date labels by requiring producers, manufacturers, and distributors that choose to place a date label on food packaging to use the phrases "best if used by" to indicate food quality and the phrase "expires on" to warn of food that may be unsafe to eat after a specified date.  The bill would require a safety date for a small group of foods, to be identified by the United States Food and Drug Administration (FDA) and United States Department of Agriculture (USDA), that could become less safe after the labeled date.

     In addition, the legislation would eliminate laws that bar the sale or donation of food past the quality date, and requires the FDA, the USDA, and the United States Department of Health and Human Services to educate consumers on the meaning of quality date and safety date food labels.

     ReFED, a collaborative organization committed to reducing food waste in the United States, found that standardizing date labels nationally would divert 398,000 tons of food waste per year and provide $1.8 billion per year in economic value, making it the most cost effective solution to this country's food waste problem

     It is, therefore, in the best interests of the citizens of the State of New Jersey and the nation for Congress and the President to enact legislation to address food waste that occurs when people throw out fresh food because of their confusion over the meaning of food date labels and whether or not the food is still safe to eat.  

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