Bill Text: IL HB3849 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Provides that the Department of Agriculture, in consultation with the Department of Public Health, shall, on or before July 1, 2024, publish information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use the specified uniform terms on food product labels to communicate quality dates and safety dates. Provides that the Department of Agriculture shall promote the consistent use of the terms specified pursuant to these provisions in the course of its existing interactions with food manufacturers, processors, and retailers. Provides that in the process of implementing these provisions, the Department shall encourage food distributors and retailers to develop alternatives to consumer-facing "sell by" dates. Provides that the Department may accept nonstate funds from public and private sources to educate consumers about the meaning of the quality dates and safety dates specified in these provisions. Provides that funds accepted by the Department shall be deposited into the Food and Drug Safety Fund.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0208 [HB3849 Detail]

Download: Illinois-2023-HB3849-Engrossed.html

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HB3849 Engrossed LRB103 27119 CPF 53487 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 11.5 as follows:
(410 ILCS 620/11.5 new)
Sec. 11.5. Standardization of food labeling.
(a) As used in this Section:
"Quality date" means a date on a label affixed to the
packaging or a container of food that communicates to
consumers the date after which the food quality may begin to
deteriorate but the food may still be acceptable for
consumption.
"Safety date" means a date on a label affixed to the
packaging or container of food that communicates to consumers
that the food should be consumed or frozen, if appropriate, by
the date listed on the package that applies to perishable
products with potential safety implications over time.
"Sell by date" means a date on a label affixed to the
packaging or container of food that is intended to communicate
primarily to a distributor or retailer for purposes of stock
rotation and is not a quality date or a safety date.
(b) The Department of Agriculture, in consultation with

HB3849 Engrossed - 2 - LRB103 27119 CPF 53487 b
the Department of Public Health, shall, on or before July 1,
2024, publish information to encourage food manufacturers,
processors, and retailers responsible for the labeling of food
products to voluntarily use the following uniform terms on
food product labels to communicate quality dates and safety
dates:
(1) "BEST if Used by" or "BEST if Used or Frozen by" to
indicate the quality date of a product; and
(2) "USE by" or "USE by or Freeze by" to indicate the
safety date of a product.
(c) The Department of Agriculture shall promote the
consistent use of the terms specified pursuant to subsection
(b) in the course of its existing interactions with food
manufacturers, processors, and retailers.
(d) In the process of implementing subsection (b), the
Department shall encourage food distributors and retailers to
develop alternatives to consumer-facing "sell by" dates.
(e) The Department may accept nonstate funds from public
and private sources to educate consumers about the meaning of
the quality dates and safety dates specified in this Section.
Funds accepted by the Department pursuant to this subsection
shall be deposited into the Food and Drug Safety Fund.