Section 1 Short title
This Act may be cited as the “Food Traceability Enhancement Act”.
Food Traceability Enhancement Act
A BILL
To strengthen compliance with the FDA Food Traceability Rule, to enhance the FDA foodborne illness outbreak investigation process, and for other purposes.
Sec. 2 Easing recordkeeping and traceability lot code requirements
Section 204(d) of the FDA Food Safety Modernization Act (21 U.S.C. 2223(d)) is amended—
in paragraph (5), by striking “not more than 2 years” and inserting “not more than 1 year”; and
in paragraph (6), by adding at the end the following:
“(J) Traceability lot codes at retail food establishments, restaurants, and warehouses
“(i) In general—The requirements under this subsection shall not require restaurants, retail food establishments, and warehouses to maintain traceability lot code information or provide traceability lot code information to the Secretary or other entities in the supply chain.
“(ii) Warehouse defined—In this subparagraph, the term warehouse means any facility primarily engaged in the storage of food to be shipped to retail food establishments or restaurants.”
Sec. 3 Pilot projects on food tracing
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall conduct at least 9 pilot projects, in coordination with food industry members operating restaurants, retail food establishments, and warehouses distributing to retail food establishments and restaurants, to—
measure the effectiveness of foodborne illness outbreak investigations conducted without the use of traceability lot code information; and
identify and evaluate the feasibility and effectiveness of low-cost food tracing technologies.
Diversity— In conducting the pilot projects required by subsection (a), the Secretary shall—
conduct—
at least 3 pilot projects in coordination with restaurants;
at least 3 pilot projects in coordination with retail food establishments; and
at least 3 pilot projects in coordination with warehouses distributing to retail food establishments and restaurants; and
ensure that each pilot project uses at least 1 commodity—
included in the Food Traceability List published by the Food and Drug Administration on November 21, 2022 (87 Fed. Reg. 70916); and
not used in another such pilot project.
Report— Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the pilot projects required by subsection (a), including—
recommendations to minimize disruptions across the food supply chain;
recommendations to ensure product availability and diversity are not negatively impacted;
recommendations to reduce the compliance burden for small businesses covered by the final rule titled “Requirements for Additional Traceability Records for Certain Foods”, published on November 21, 2022 (87 Fed. Reg. 70910);
a list of low-cost food tracing technologies that are commercially available and an evaluation of the effectiveness of each technology; and
a list of all revisions that, as a result of such pilot projects, will be made to such final rule.
Sec. 4 Compliance date of final rule on food traceability
The compliance date for the final rule titled “Requirements for Additional Traceability Records for Certain Foods”, published on November 21, 2022 (87 Fed. Reg. 70910), or any other rule promulgated in accordance with section 204 of the FDA Food Safety Modernization Act (21 U.S.C. 2223), shall be no earlier than the date that is 2 years after the date on which the pilot projects required by section 3(a) are completed.
Sec. 5 Report on barriers to information sharing between FDA and food establishments
Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report, which shall include a list of all barriers, legal or otherwise, that prevent the Food and Drug Administration from sharing with retail food establishments and restaurants pertinent information regarding foodborne illness outbreak investigations, including—
information surrounding early warning signals of foodborne illnesses;
reported consumer illnesses; and
suspected transmission vehicles of a foodborne illness.