On November 21, 2022, FDA published a final ruling on food traceability, modifying the way food records should be kept for various food ingredients. Jeni Lamb Rogers, supply chain associate general counsel at Branded and Colorado State committee member at the USDA Farm Service Agency, spoke about what the changes will mean for the specialty food industry, during the Regulatory Update webinar, “The Food Traceability Rule: Priorities for Specialty Food Manufacturers.”
“This is a highly anticipated rule. [It is] one of the last rules under the food safety modernization act focusing on improving traceability of foods throughout the supply chain,” said Rogers. She also mentioned that the final rule was rewarding because she worked with the SFA and its members to draft formal comments that were addressed by the FDA.
Rogers broke down the food types on the food traceability list that require special recordkeeping of key data elements, as well as exemptions. The compliance date for affected foods is January 20, 2026.
The food traceability list “creates a list of foods and ingredients that trace back from origination all the way through consumption by the end consumer,” Rogers explained. This often comes in the form of an electronic, sortable document that contains key information.
The following specialty foods and ingredients are subject to additional traceability records:
• Soft cheeses, excludes hard cheeses, frozen, and shelf-stable at ambient temperatures
• Nut butters, includes all peanut, almond, and tree nut butters
• Certain fin fish
• Certain fresh and fresh-cut produce, excluding dried and frozen
• Ready-to-eat deli salads
Foods that contain any of the above products as an ingredient that does not go through a “kill step,” a process that eradicates the potentially harmful bacteria or pathogen will also be subject to the key data elements.
The rule creates a standard for food traceability that is electronic, acknowledging that paper-based systems common to the food supply chain can impact the time it takes for compromised foods to come off the market, and priming the industry for a more efficient solution.
The effects of this rule are deeply felt across the industry, concerning all parties who handle the listed foods, including restaurants, retailers, producers, manufacturers, distributors third-party logistics companies, and more. For seafood, the traceability records begin with the first land-based receiver of the animal, who takes possession from a fishing vessel.
“Anonymity and a lack of traceability are an Achilles heel that hinders rapid traceback,” Rogers explained, providing a rationale for the FDA’s decision to double down on high-risk food items.
Critical tracking events, like growing, receiving, transforming, and shipping, must all be recorded for an item and must be tied to its traceability lot code. A “transformation” event for a tree nut, for example, could be when it becomes a tree nut butter. For this newly created product, a traceability lot code must be made, as the nut itself is not on the food traceability list even though its butter is. Then, all of its relevant key data elements must be made explicit.
Due to the complicated nature of the FDA decision, Rogers advises the specialty food community to seek legal counsel to confirm how the rule affects your specific business.
To learn more about the FDA Food Traceability Rule, watch the webinar on demand in the Learning Center.
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