The newly released 2026 funding bill for the U.S. Food and Drug Administration makes clear that no funds may be used until July 2028 to enforce the Food Safety Modernization Act Section 204(d) Food Traceability Final Rule, provided several specific conditions are met.

First, FDA is directed to engage quarterly with regulatory and other stakeholder entities to identify and implement additional flexibilities needed to support implementation, particularly for farms, restaurants, retail food establishments and distribution warehouses serving retail and foodservice. Second, FDA must develop and submit recommendations for additional flexibilities within 180 days—by May 9, 2026. The bill also calls for FDA to address food waste, reclamation and system testing initiatives to assess its capabilities.

What does this mean for fresh produce growers and shippers?

While enforcement is not anticipated until July 2028, the timeline to help shape how flexibility is defined and applied is moving quickly.

It means your voice matters right now. Engagement is no longer optional; it is written directly into federal funding direction. One promising forum for this engagement is the Partnership for Traceability, where industry and government are working together to inform real-world implementation.

Now is the moment to engage and help shape what workable traceability looks like in practice. We encourage interested companies to connect with us and explore participation in public-private efforts like the Partnership for Traceability.