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No funds appropriated by this Act may be used to administer or enforce the 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), prior to July 20, 2028. Further, the U.S. Food and Drug Administration shall: (1) Engage quarterly with the regulated entities, including farms, restaurants, retail food establishments, and warehouses distributing to retail food establishments and restaurants, to identify and implement, as appropriate, additional flexibilities for satisfying the rule’s lot-level tracking requirement, as appropriate, such that regulated entities can comply with the November 21, 2022, rule consistent with section 204(d)(1)(L)(iii), which prohibits the agency from requiring product tracking to the case level. (2) Within 180 days of enactment of this Act, the Food and Drug Administration is directed to provide industry stakeholders with recommendations for these additional flexibilities satisfying the rule’s lot-level tracking requirement, as appropriate. (3) The FDA shall provide assistance to industry regarding how to handle food waste recovery, reclamation, intra-company transfers, customer returns under the rule and initiate a series of hypothetical data intake exercises to test the capabilities of the FDA’s Product Tracing System and, upon request and as resources allow, the covered entity systems and identify any technical difficulties prior to full implementation.

No funds appropriated by this Act may be used to administer or enforce the 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), prior to July 20, 2028. Further, the U.S. Food and Drug Administration shall: (1) Engage quarterly with the regulated entities, including farms, restaurants, retail food establishments, and warehouses distributing to retail food establishments and restaurants, to identify and implement, as appropriate, additional flexibilities for satisfying the rule’s lot-level tracking requirement, as appropriate, such that regulated entities can comply with the November 21, 2022, rule consistent with section 204(d)(1)(L)(iii), which prohibits the agency from requiring product tracking to the case level. (2) Within 180 days of enactment of this Act, the Food and Drug Administration is directed to provide industry stakeholders with recommendations for these additional flexibilities satisfying the rule’s lot-level tracking requirement, as appropriate. (3) The FDA shall provide assistance to industry regarding how to handle food waste recovery, reclamation, intra-company transfers, customer returns under the rule and initiate a series of hypothetical data intake exercises to test the capabilities of the FDA’s Product Tracing System and, upon request and as resources allow, the covered entity systems and identify any technical difficulties prior to full implementation.