Proposed Rule for Food Traceability

The FDA is proposing to establish additional traceability recordkeeping requirements (beyond what is already required in existing regulations) for foods FDA has designated for inclusion on the Food Traceability List. Under the proposed rule, dried herbs and spices do not appear on the Food Traceability List. However, fresh herbs are listed, as are “peppers” and some additional vegetables that may be used in seasoning blends. It is ASTA’s position that this listing is only intended to apply to the fresh commodities and not the dried or dehydrated products.  It is also notable that commingled raw agricultural commodities are partially exempt from any requirements under the proposed rule, although manufacturers are still required to keep records in compliance with the Bioterrorism Act.

FDA Resources

ASTA and Industry Resources

Proposed Rule For Food Traceability
The FDA proposed rule outlining the additional recordkeeping requirements is available.
FBIA Webinar on Food Traceability Proposed Rule Recording and slides from a webinar, presented by Hogan Lovells, provides an overview of the Proposed Rule.
Food Traceability List
This List designates foods for which additional recordkeeping requirements are appropriate and necessary to protect public health, and to establish those recordkeeping requirements.
ASTA Comments
ASTA’s comments were submitted to the FDA on February 22, 2021. The comments focus on clarifications to the Food Traceability List, support the partial exemption for comingled raw agricultural commodities, request a full exemption for foods that undergo a kill step, and other issues.