To the delight of key industry stakeholders, the Food and Drug Administration has decided to push back the compliance date of the highly contentious FDA Food Safety Modernization Act Section 204(d) by 30 months. The food traceability ruling requires certain foods to keep more rigorous record-keeping requirements.
The compliance date’s timeline was previously set for January 20, 2026; however, recent FDA action updated the deadline to July 20, 2028.
The Food Industry Association (FMI) and the National Grocers Association recently stated their support of the FDA ruling, citing complex requirements and supply chain burdens resulting from compulsory compliance.
The food traceability final rule’s journey through the government has been arduous: Congress originally required the rule to be enacted as part of FSMA in 2010, then directed record-keeping requirements for high-risk foods by January 2013, reports Food Safety Magazine. After failing to meet the deadline, the Center for Food Safety sued the FDA, leading to the September 2020 finalization that mandated a process to be made by November 2022.
The agency met the 2022 deadline and devised a comprehensive plan to require businesses to comply by 2026. Now, however, the FDA sanctioned the delay because it believes the industry is unfit for its implementation.
“Even those few entities who are well positioned to meet the final rule’s requirements by January 2026 have expressed concern about the timeline, in part because of their reliance on receiving accurate data from their supply chain partners, who are not similarly situated,” said FDA.
“FDA intends to allow [the] industry additional time, across all regulated sectors, to fully implement the final rule’s requirements.”
So, What is the Food Traceability Rule?
To promote American food safety, the FDA rule requires food and beverage leaders who manufacture, process, pack, or hold foods with ingredients on the “food traceability list” to keep comprehensive records of “critical tracking events” associated with events that may impact food safety, then promptly report this information to the FDA.
IFMA suggests that companies require between six and 14 months and a “significant financial investment” to adequately prepare for the final rule.
Products on the list include high-risk products often associated with foodborne illnesses, such as:
- Soft, and semi-soft cheeses
- Shell eggs
- Nut butters
- Leafy greens
- Finfish, crustaceans, and molluscan shellfish.
Check the list here for a comprehensive list of affected foods.
The ruling is a part of the Food Safety Modernization Act. Signed into law in 2011, the doctrine endeavors to improve the U.S. food system by establishing a preventative framework to avoid foodborne illness rather than responding to outbreaks.
The food traceability final rule is one part of the process, which also includes measures to increase guardrails to produce production and dissemination, guidelines to ensure imported food is up to the country’s standards, among others.
The Industry Perspective
FMI and NGA echoed the FDA’s assertion that the industry is not ready to implement the additional traceability requirements.
For FMI’s part, the organization underscored its commitment to food safety and protecting public health by increasing ingredient traceability, which can more efficiently help the FDA understand the root of foodborne illnesses and mitigate their impact. However, it communicated some headwinds.
President and CEO Leslie G. Sarasin issued the following statement:
“FMI applauds FDA’s announcement … that the agency intends to extend the compliance date for the Food Traceability Rule by 30 months,” she said.
“While additional time is critical for efficient implementation across all sectors, we also strongly believe FDA should re-examine certain aspects of the rule to provide flexibility for the industry to improve traceability without unnecessarily burdening the supply chain and increasing food costs to consumers.”
Similarly, the NGA noted how the decision helped independent grocers and consumers in the near term.
“Disproportionately impacting smaller grocers, the traceability rule’s original timeline was nearly impossible to meet across the vast and dynamic food system,” Johnson said.
She added that the original deadline would have forced smaller retailers to pass cost burdens onto their consumers.
The Institute of Food Technologists was not as enthused by the FDA decision. Blake Harris, technical director of IFT’s Global Food Traceability Center acknowledged the complexities of the regulation but emphasized the role businesses and governments must take to keep public health a priority.
“We encourage food industry stakeholders to use this time to collaborate across the food system and adopt best practices that strengthen traceability,” said Harris.
He contends that the continued threat of foodborne illness and recalls in the American food supply chain exemplifies the need to invest in traceability efforts.
The Food Institute Podcast
This Episode is Sponsored by: City National Bank
How are macro-economic factors and changing consumer preferences impacting the natural grocery sector? City National Bank’s Justin D’Affronte steps in as guest host as he speaks with Mother’s Market CEO Dorothy Carlow about inflation, tariffs, consumer preferences, and more.
