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University of Miami Business Law Review

Document Type

Notes and Comments

Abstract

The United States (U.S.) has made significant progress in improving food traceability, with the FDA’s Final Food Traceability Rule set to take effect in 2026. This long-overdue regulation aims to improve outbreak response and better protect public health. However, major gaps in the U.S. traceability system remain, leaving consumers exposed to preventable foodborne illness outbreaks. Legislative challenges, including H.R. Bill 7563 and provisions in the Fiscal Year 2025 Agriculture Appropriations bill, threaten to delay or weaken these necessary reforms. Compounding these challenges, on August 7, 2025, the FDA proposed extending the compliance deadline for the rule by 30 months, to July 20, 2028. Without standardized lot codes and stronger recordkeeping, regulators will struggle to quickly trace and remove contaminated food, increasing the risk of widespread illness.

Unlike the U.S., the European Union (EU) has a more comprehensive and proactive traceability system. The EU requires tracking for all food and feed, enforces strict recordkeeping, and runs a centralized outbreak response network through the Rapid Alert System for Food and Feed (RASFF). These measures have been key in controlling outbreaks, reducing financial losses, and maintaining consumer confidence. Meanwhile, the U.S. still relies on a fragmented system that slows outbreak response and creates regulatory blind spots.

This Note argues that Congress must reject any attempts to weaken the FDA’s Final Traceability Rule and instead take steps to strengthen the nation’s food safety system. The U.S. should expand traceability beyond high-risk foods, create a real-time outbreak response system like the EU’s RASFF, and simplify oversight by placing it under a single federal agency. These reforms will improve public health, reduce recall costs, and bring the U.S. in line with global food safety standards.

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