Public Act 0208 103RD GENERAL ASSEMBLY

HB3849 Enrolled LRB103 27119 CPF 53487 b

Public Act 103-0208

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 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.

Effective Date: 1/1/2024