FDA Extends Compliance Date for Food Traceability Rule
The FDA on March 20 said it will extend the compliance date for the Food Traceability Rule (FSMA Sec. 204(d)) by 30 months, with the formal declaration and effective date to be announced later in the Federal Register.
The final act of the landmark Food Safety Modernization Act of 2011, it was to take effect in January of 2026. The rule requires enhanced tracking and tracing systems for certain classes of foods. Although it does not mandate electronic traceability, it will be difficult for processors to prove they have effective tracking and recalls without computerized records.
The rule was finalized three years ago, but the food industry has been urging FDA to delay its implementation. It requires a higher degree of coordination between members of the food chain than has been required in the past.
“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,” the FDA wrote in yesterday’s announcement.
FSMA 204(d) applies to the Food Traceability List, a list of foods that pose a higher risk of contamination. The list includes cheeses, eggs, nut butters, herbs, leafy greens, certain fruits and vegetables, fish and ready-to-eat deli salads. "To achieve the full public health benefits of the final rule, all covered entities must be in compliance," the agency said.
“The FDA remains committed to successful implementation of the full requirements of the final rule, as they will allow for faster identification and removal of potentially contaminated food from the market, resulting in fewer foodborne illnesses and deaths.”
Food trade groups welcomed the extension.
“Consumer Brands Association commends HHS and the FDA for working with industry to extend the timeline of the Traceability Rule by 30 months. Safety is the consumer packaged goods industry's number one priority. 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.”
But not everybody applauded. The Institute of Food Technologists said, "While we are disappointed by the 30-month delay ... we acknowledge the complexities of implementing a regulation with global impact," in a statement attributed to Blake Harris, technical director of IFT's Global Food Traceability Center.
"However, public health must remain a top priority," he continued. "The persistence of foodborne illness and recalls underscores the need for food industry stakeholders to invest in traceability and advance their efforts quickly, regardless of regulatory timelines. Moreover, as many global regulations and initiatives continue to prioritize traceability as a foundational element, it is critical for the food industry to stay aligned with these global efforts."
The FDA said it “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.”