118 HR 7563 IH: Food Traceability Enhancement Act U.S. House of Representatives 2024-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 7563IN THE HOUSE OF REPRESENTATIVESMarch 6, 2024Mr. Scott Franklin of Florida (for himself, Mr. Bishop of Georgia, and Mr. Panetta) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo strengthen compliance with the FDA Food Traceability Rule, to enhance the FDA foodborne illness outbreak investigation process, and for other purposes.

1.

Short title

This Act may be cited as the Food Traceability Enhancement Act.

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—(1)in paragraph (5), by striking not more than 2 years and inserting not more than 1 year; and (2)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..

3.

Pilot projects on food tracing

(a)

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—(1)measure the effectiveness of foodborne illness outbreak investigations conducted without the use of traceability lot code information; and(2)identify and evaluate the feasibility and effectiveness of low-cost food tracing technologies.(b)

Diversity

In conducting the pilot projects required by subsection (a), the Secretary shall—(1)conduct—(A)at least 3 pilot projects in coordination with restaurants;(B)at least 3 pilot projects in coordination with retail food establishments; and(C)at least 3 pilot projects in coordination with warehouses distributing to retail food establishments and restaurants; and(2)ensure that each pilot project uses at least 1 commodity—(A)included in the Food Traceability List published by the Food and Drug Administration on November 21, 2022 (87 Fed. Reg. 70916); and(B)not used in another such pilot project.(c)

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—(1)recommendations to minimize disruptions across the food supply chain;(2)recommendations to ensure product availability and diversity are not negatively impacted;(3)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);(4)a list of low-cost food tracing technologies that are commercially available and an evaluation of the effectiveness of each technology; and(5)a list of all revisions that, as a result of such pilot projects, will be made to such final rule.

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.

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—(1)information surrounding early warning signals of foodborne illnesses;(2)reported consumer illnesses; and(3)suspected transmission vehicles of a foodborne illness.