Washington, D.C.—Today, the U.S. Food and Drug Administration (FDA) announced a proposed rule to establish additional traceability recordkeeping requirements for certain foods that are considered "high-risk" sources of foodborne illness outbreaks, such as leafy greens, fresh cut fruits and vegetables, some types of fish, shell eggs, nut butters, and more. The proposed rule follows the now-final settlement in Center for Food Safety's (CFS) litigation requiring FDA to meet the deadlines and reporting requirements as mandated by the Food Safety Modernization Act (FSMA) of 2011.
Congress enacted FSMA in a bipartisan effort to combat the growing foodborne illness epidemic in the U.S. CFS originally filed the case in 2018 as the second of three successful cases that CFS brought against FDA for failing to meet congressional deadlines in FSMA.
Statement from Ryan Talbott, Staff Attorney at Center for Food Safety:
"We are pleased FDA has now released this important rule, as required by the Court order and settlement in our litigation to compel compliance with FSMA. It should not have taken litigation for FDA to publish this proposed rule but now that it is out, we will be analyzing the merits of the proposal closely and continue to ensure the agency follows the law in finalizing the rule."