The FDA has delayed the implementation of food traceability rules, which are currently working for another 30 months over 14 years.
In its March 20th announcement, the Food and Drug Administration said it intends to make the proposed rules public “later.” The rules have already been published and approved and are set to come into effect on January 1, 2026. This rule was mandated by the Food Safety Modernization Act, approved in 2010.
The food industry has opposed the rules even before it was written, citing costs. Industry groups praised the delay in enforcing FDA rules.
This rule requires producers, including farmers, to maintain processors, packers and retailers, to maintain records containing specific “major data elements” that contain codes associated with specific “critical tracking events” for a given food. Parties covered by the regulations must be able to report the necessary information to the FDA within 24 hours to facilitate investigations into food-borne illness outbreaks and recalls.
Foods covered by the rules include fresh fruits and vegetables, soft cheese, fish and seafood.
According to the FDA’s announcement, “….. “Instead, with the compliance date extension, the covered entities will provide additional time needed to ensure full adjustments across the supply chain to fully implement the requirements of the final regulations. This will ultimately increase transparency and food safety for the FDA and consumers.
“The FDA intends to continue the agency work with stakeholders, including using the extension period to participate in sector dialogues to identify solutions to implementation challenges and continuing to provide technical assistance, tools and other resources to assist in implementation with technical assistance, tools and other resources.”
Consumer groups and former FDA and USDA food safety officials responded to the announcement of delayed enforcement of the rules with concern.
Frank Iannas was the deputy committee member of the FDA for food policy and response from December 2018 to early 2022. His responsibilities included dealing with outbreaks, road back investigations, product recall activities and supply chain innovations. He said the move to delay enforcement of traceability rules at industry demands will allow foodborne occurrences to continue to be resolved without being too long.
“Based on my experience, there was a better way for the FDA to deal with it — it encouraged continuous progress, including slight delays and enforcement discretion, and placed consumer interests first rather than delaying compliance by 30 months. Unfortunately, leadership decisions made can hinder the pace of progress.
“It is clear that the interests of several industry trade groups and lobbyists have benefited more than our real boss, the American consumer.”
The interest of the General Science Center (CSPI) expressed similar comments. The group said traceability rules will help ensure better recordkeeping across the food supply chain and reduce food waste.
“Today’s announcement will be welcomed by some members of the grocery industry, who have pushed President Trump to delay rules and burn their gut,” he said in response to the FDA’s announcement. “While some grocery stores are doing well to comply with the rules, others are falling behind and claiming they are unable to meet the new requirements set for 2022.
The center noted that the US has “some of the best technology in the world for tracking products moving through food systems, but it’s difficult to figure out where the lettuce bags come from.”
The consumer report also cheated the FDA to delay implementation of traceability rules, saying the move would undermine the agency’s ability to respond quickly and effectively to the outbreak of foodborne diseases. Brian Ronholm, director of food policy for the consumer report and deputy director of food safety at the US Department of Agriculture, said delays at the request of “small segments of industry” are not necessary as companies need to prepare for years.
“Many retailers have already said they expect suppliers to follow regulations requirements prior to compliance date, but today’s announcement could hamper this progress.
In stark contrast to consumer groups, the Food Industry Association said the delay would help make food supply safer and save money for American consumers. One trade group said the delay would prevent the rules from unnecessary increases in costs for businesses.
Leslie G. Sarasin, president and CEO of FMI, said the FDA should not only delay enforcement of rules, but also modify it to provide flexibility for the industry and prevent food costs from increasing.
“…It’s clear that the rules are ineffective in their current form and may not be able to meet the agency’s designated goals,” Sarasin said.
“We look forward to working with the FDA to ensure that food companies of all sizes adhere to and maintain the safest, richest, most affordable foods in the world and maintain the most affordable prices.”
Another industry trade group, the Consumer Brands Association, also praised the delay, saying it would benefit the public.
“To protect public health, it is essential to implement traceability rules in an effective and efficient way to enable time for cost implementation and compliance,” according to a statement from the association.
“The manufacturers of American home brands are committed to adhering to rules while continuing to quickly impact recalls and promoting traceback investigations.”
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