Untitled section

No funds appropriated by this Act may be used to administer or enforce the final rule on “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) continue identifying flexibilities for satisfying the rule’s lot-level tracking requirement that leverage existing traceability systems, including allowing covered entities to maintain and transmit traceability records that reflect a reasonable range of all possible traceability lot codes included in a shipment, when maintaining records for each individual traceability lot is not practicable such that complying would constitute a case-level tracking requirement, which is prohibited under section 204(d)(1)(L)(iii) of the Food Safety Modernization Act; (2) clarify the circumstances under which activities conducted in warehouse and distribution environments constitute a transformation event under the rule; (3) ensure each quarterly engagement with industry between enactment and July 20, 2028 be open to all covered entities outside of member-only organizations and include a hypothetical data intake exercise, the results of which should be made publicly available within 75 days; and (4) establish a panel of experts to assess the agency’s foodborne illness traceback investigation process, for both foreign and domestic food suppliers, and to provide feedback for the data intake exercise. This panel shall include diverse stakeholders, such as growers, distributors, retailers, state and local officials, and public health officials. The FDA shall publish the panel outcomes and recommendations no later than one year from the date of enactment of this Act.