The FDA is delaying enforcement of the Food Traceability Rule, which has been in the works for 14 years, by another 30 months.
In an announcement on March 20, the Food and Drug Administration said it intends to publish a proposed rule “at a later time.” The rule has already been published and approved and was set to go into effect Jan. 1, 2026. The rule was mandated by the Food Safety Modernization Act, which Congress approved in 2010.
The food industry has been pushing back against the rule since before it was written, citing expenses. Industry groups applauded the FDA’s postponement of enforcement of the rule.
The rule requires producers — including farmers — processors, packers and retailers to maintain records containing certain “Key Data Elements,” including codes, associated with specific “Critical Tracking Events” for designated foods. Parties subject to the rule must be able to report the required information to the FDA within 24 hours to help facilitate investigations of foodborne illness outbreaks and recalls.
Foods covered by the rule include fresh fruits and vegetables, soft cheeses and some fish and seafood.
“. . . the compliance date extension does not amend, nor do we intend to amend, the requirements of the final rule, which will improve food safety and protect public health,” according to the FDA’s announcement. “Instead, the compliance date extension affords covered entities the additional time necessary to ensure complete coordination across the supply chain in order to fully implement the final rule’s requirements — ultimately providing FDA and consumers with greater transparency and food safety. . .
“The FDA intends to use the extended time period to continue the agency’s work with stakeholders, including by participating in cross-sector dialogue to identify solutions to implementation challenges and by continuing to provide technical assistance, tools, and other resources to assist industry with implementation.”
Consumer groups and former FDA and USDA food safety officials reacted to the announcement of the delay of enforcement of the rule with concern.
Frank Yiannas was deputy commissioner for food policy and response at FDA from December 2018 through early 2022. His responsibilities included outbreak response, traceback investigations, product recall activities, and supply chain innovation. He said the move to delay enforcement of the traceability rule at the behest of industry will allow foodborne outbreaks to continue to go unsolved for too long, resulting in unnecessary illnesses and deaths, and overly broad food recalls.
“Based on my experience, there were better ways for FDA to deal with it — such as through a slight delay and/or enforcement discretion — as it would have incentivized continued progress, and placed the interests of consumers first, rather than delay compliance by 30 months. Unfortunately, the leadership decision made will likely disincentivize the pace of progress being made,” Yiannas said.
“It’s clear that the decision placed the interests of a few industry trade groups and lobbyists over that of our real bosses — the American consumer.”
The Center for Science in the Public (CSPI) interest expressed similar comments. The group said the traceability rule will ensure better recordkeeping throughout the food supply chain and help reduce food waste.
“Today’s announcement will be welcomed by some members of the grocery store industry, which has lobbied President Trump to delay and gut the rule,” CSPI said in reaction to the FDA announcement. “While some grocery stores are on track to comply with the rule, others have lagged behind and claim they will not be able to meet the new requirements, which were finalized in 2022.
The Center pointed out that the United States has “some of the best technology in the world for keeping track of products moving through the food system, yet we still have a hard time figuring out where a bag of lettuce came from . . .”
Consumer Reports also chided the FDA for delaying implementation of the traceability rule, saying the move will undercut the agency’s ability to respond quickly and effectively to foodborne illness outbreaks. Brian Ronholm, director of food policy at Consumer Reports and former deputy undersecretary of food safety at the U.S. Department of Agriculture, said the delay at the request of “a small segment of the industry” is unnecessary because companies have had years to prepare.
“Many retailers have already said that they expect their suppliers to follow the rule’s requirements in advance of the compliance date, but today’s announcement may interfere with this progress. Delaying this critical food safety rule undermines the administration’s goal of making America healthy again,” Ronholm said.
In stark contrast to the consumer groups, food industry associations said the delay will help make the food supply safer and save American consumers money. One trade group said the delay will ensure the rule does not unnecessarily increase costs of businesses.
Leslie G. Sarasin, president and CEO of FMI – The Food Industry Association, said the FDA should not only delay enforcement of the rule but should also revise it to provide flexibility to industry and make sure food costs do not increase.
“. . . it is clear the rule is unworkable in its current form and may not achieve the agency’s stated goals,” Sarasin said.
“We look forward to working with FDA to ensure there is a reasonable timeline and application of the regulation so that food companies of all sizes can comply and keep America’s food system the safest, most abundant and most affordable in the world.”
The Consumer Brands Association, another industry trade group, also praised the delay, saying it would benefit the public.
“In order to protect public health, it’s imperative that the traceability rule be implemented in an effective and efficient manner and allows the time for cost implementation and compliance,” according to a statement from the association.
“The makers of America’s household brands are committed to adhering to the rule while continuing to rapidly effectuate recalls and facilitate traceback investigations.”
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