FDA wants to delay key rule that would help investigators during foodborne outbreaks

The FDA plans to delay the compliance date for traceability regulations for food by more than two years. The move comes at the request of food companies.

The traceability rule is part of the Food Safety Modernization Act signed into law by President Obama on Jan. 4, 2011. It requires food companies to have procedures in place to trace their products, which would be used during foodborne illness outbreaks. The rule was set to go into effect Jan. 1, 2026.

The Food Traceability Rule applies to domestic and foreign entities producing food for U.S. consumption and was issued in 2022 in accordance with the FDA Food Safety Modernization Act.

Food companies have been resistant to the rule, saying it will increase their costs. Investigators of foodborne illness outbreaks say the rule will help reduce the number of patients and deaths.

Specifically, the rule establishes additional traceability recordkeeping requirements, beyond what is already required in existing regulations, for people who manufacture, process, pack, or hold foods found on the Food Traceability List. 

“The final rule requires a higher degree of coordination between members of the food industry than has been required in the past, including the sharing of accurate data with supply chain partners. Therefore, to achieve the full public health benefits of the final rule, all covered entities must comply,” according to the FDA’s announcement about the delay of the rule.

“The FDA is aware that even among those few entities who are well positioned to meet the final rule’s requirements by January 2026, there are challenges to meeting this timeline, in part because of their reliance on receiving accurate data from their supply chain partners, who might not be  similarly situated. Therefore, the FDA’s proposed extension allows industry additional time, across all regulated sectors, to fully implement the final rule’s requirements.”  

The FDA says delaying the compliance date for the rule will provide consumers with greater transparency, better food safety and will protect public health. The agency plans to issue new tools and answers to frequently asked questions to help food companies come into compliance. 

Featured in this update are the following:

• New examples of traceability plans for food processors, distribution centers, and aquaculture farms and facilities
• New supply chain examples for eggs, produce, nut butter, and dual jurisdiction facilities
• An At-A-Glance document on the rule
• Translations of the above documents into 6 additional languages (Spanish, French, Chinese, Thai, Vietnamese, Indonesian) 

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