Some restaurants could get relief from FDA food tracing rules

The 2011 Food Safety Modernization Act made it a lot easier for the federal government to trace foodborne illness outbreaks.

Provisions of this law passed under the Obama administration include giving the FDA the power to mandate product recalls as needed, and the Food Traceability rule, which requires food businesses — including restaurants — to maintain detailed supply chain tracking records for high-risk foods, but was not set to go into full effect until 2028.

Food traceability rules

The rule originally exempted the very smallest food businesses — those that make $250,000 or less from food sales per year — from compliance. But most busy neighborhood restaurants would still be subject to these food traceability rules and face the economic costs and logistical challenges of tracking their highest-risk produce from farm to kitchen.

The FDA is now proposing an expansion to this exemption to include restaurants making between under $1 million annually.

In other government news this week, New York City proposes more food delivery regulation that focuses on traffic safety, and more.

On Oct. 8, The FDA proposed easing enforcement of its Food Traceability Rule for certain select restaurants and retail food businesses. The proposal suggests that the agency would not enforce the rule against businesses whose average annual food sales over the previous three years are between $250,000 and $1 million, adjusted for inflation.

Under the traceability rule, businesses must keep detailed tracking records of foods on the Food Traceability List, including soft cheeses, eggs, leafy greens, nut butters, and more.

The proposed flexibility is not final, and the agency said it is considering additional flexibility for businesses covered by the rule.

Regulatory impact

Why should operators care: Many more food businesses will be covered under this proposed flexibility and would not have to start intensive record-keeping when the rule goes into effect in 2028.

New York City Council members introduced a bill on Oct. 8 that would require third-party food-delivery services to use tracking technology to detect certain unsafe traffic behaviors by delivery workers using e-bikes.

The proposed system would flag workers who speed, travel the wrong way on one-way streets, or ride on sidewalks at speeds of more than 4 mph. Delivery services would then have to notify workers in real time when violations are detected. A worker receiving three notifications within seven days would not be assigned additional deliveries until completing a road safety course.

The proposal would also require delivery companies to submit quarterly reports to the city on driver safety.

Why should operators care: Although this bill does not directly impact restaurants, it’s yet another example of regional legislation that scrutinizes and further regulates the delivery industry. Also, restaurants that use delivery services could be affected if couriers are temporarily removed from their routes.

The FDA issued a final rule on Oct. 9 allowing food manufacturers to create low-sodium foods by replacing some of the salt with substitutes. Previously, some standardized foods had rules specifying that sodium chloride (ordinary table salt) had to be used.

Although not listed by the FDA, low-sodium substitutes potentially include potassium chloride, yeast extracts, and MSG.

The change gives food manufacturers the ability to reformulate foods and is part of the federal government’s broader effort to reduce American sodium consumption.

While many cities are making pandemic-era outdoor dining programs permanent, few are standardizing what those outdoor dining structures will look like.

Philadelphia has installed two streatery enclosure prototypes at LOVE Park designed by local firms under Mayor Cherelle Parker’s PHL Open for Business initiative. The city plans to gather public feedback and evaluate the prototypes before making both designs available for restaurants to download at no cost.

One is a shorter, smoother, rounded enclosure made from rust-free aluminum that can be customized with a restaurant’s colors and branding. The second prototype is a fence-like enclosure using recycled plastic slats attached to aluminum supports.

The outdoor dining structures will be on display now through Nov. 23.

Why should operators care: If approved, more Philadelphia restaurants will likely be interested in applying for outdoor dining licenses, since creating the streatery structures will now cost less. It’s also possible that other cities will copy this model and offer city government-approved streatery designs.

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