The July 4 weekend marks our nation's birthday and the time when Americans celebrate -- not only with fireworks, but with picnics, backyard BBQs, pool parties. Sadly, one byproduct of these celebrations are the many tons of food that we will inevitably waste after these family gatherings. Today, 40 percent of food produced in the United States is thrown away each year (over two-thirds of that by consumers).
Ketchup with a date label that says it has expired." Salad dressings that are past their "use by" dates, chips and cheese with passed expiration dates. As a result of confusing date labeling policies, consumers regularly toss out foods that are perfectly safe, wholesome, and still taste good.
Our three organizations are actively involved in the national campaign to reduce food waste in America. High on our list of priorities is standardizing date labels on food; indeed it might be the most cost effective intervention to achieving the U.S. government's stated goal of reducing food waste by 50 percent by 2030. Solutions are on the horizon.
Rep. Chellie Pingree (D-ME) and Senator Richard Blumenthal (D-CT) have introduced the Food Date Labeling Act, (HR 5298) to address the confusion surrounding date labeling and tackle our nation's mounting food waste problem.
Our three organizations -- the Harvard Food Law and Policy Clinic, the National Consumers League, and the Johns Hopkins Center for a Livable Future -- performed a survey in April 2016 to learn more about what American consumers actually know about date labels. The findings? Consumers are confused and misled. Thirty-seven percent said they always throw away food close to or past the date on the package, and 84 percent reported at least occasionally doing so.
What many consumers don't know is that most food is still safe to eat after its expiration date. Date labels are placed on foods by manufacturers and retailers. Wording like "best by" or "freshest by," are simply estimates of when a food item will be at its peak quality, and not an indicator of how safe the food is. Consumers, however, fear that eating food past the date on the label puts them at risk of foodborne illness. In fact, only a few foods -- deli meat and unpasteurized cheeses, for example -- actually pose an increased safety risk if eaten after the expiration date. No one wants to throw out good food or waste the money spent on it. But, relying on today's date labels leads consumers to do just that.
A misunderstanding of who regulates date labels is contributing to the problem. One third of respondents in our survey thought that date labels are federally regulated, and 26 percent said they were unsure who put those labels on. In actuality, except for infant formula, there are no federally mandated date labeling rules. Each state has its own regulations for what the labels mean and what stores can do with food after the date passes. Research from the Harvard Food Law and Policy Clinic and Natural Resources Defense Council (NRDC) shows that 20 states currently restrict sales, and in certain cases, even donations of past-date foods, even if the label is an arbitrary quality estimate.
The Food Date Labeling Act aims to clear up this confusion by requiring manufacturers and retailers to stick with just two date labels: an optional "best if used by" to indicate the estimated date a product will no longer be at its peak quality (such as top flavor or texture); and a required "expires on" label for the few high-risk foods that the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) find are actually less safe to eat after a certain date. Retailers would also be able to donate or sell foods after the "best if used by" date passes, which would encourage the distribution of otherwise discarded, but perfectly safe and still tasty food. The bill would have an educational mandate for the FDA and USDA aimed at raising awareness among consumers about what the new labels mean.
Research from the Center for a Livable Future suggests that many consumers are aware of the problem of wasted food and want to be part of the solution -- unfortunately, our nation's current date labeling system is getting in their way. Clearer date labels and more education about what they mean will inevitably help Americans save money, eat safely, and conserve natural resources. That's something worth celebrating.
Emily Broad Leib is the Director of the Harvard Food Law and Policy Clinic, the nation's first food law school clinic, and is an Assistant Clinical Professor of Law at Harvard Law School.
Sally Greenberg is Executive Director of the National Consumers League, the nation's pioneering consumer and worker advocacy organization, founded in 1899.
Roni Neff, PhD, directs the Food System Sustainability and Public Health Program at the Johns Hopkins Center for a Livable Future and is an Assistant Professor of Environmental Health Sciences at the Johns Hopkins Bloomberg School of Public Health.