Tracing and Labeling on Packages under Scrutiny by Food Marketing Institute
FMI Urges Revision of Food Traceability and Labeling Rules
The Food Industry Association (FMI) has submitted comments to the U.S. Department of Health and Human Services (HHS) and the U.S. Food and Drug Administration (FDA), advocating for changes in the Food Traceability Rule and the proposed rule on front-of-package (FOP) nutrition labeling.
In a bid to reduce the burdens of the Food Traceability Rule, FMI recommends providing flexibility in lot code tracing at the distribution level, exempting intracompany shipments from the rule, and allowing companies to identify the individual responsible for assigning lot codes instead of location-based assignment. FMI views the rule as highly burdensome, costly, and misfocused on reactive rather than preventive measures.
Regarding the FDA’s proposed FOP nutrition labeling rule, FMI urges the agency to withdraw it. The association argues that the rule would force a fundamental redesign of most packaged food labels, impose burdensome and costly implementation, and lacks sufficient evidence that it would influence consumers’ dietary choices.
FMI also encourages FDA to revoke outdated requirements such as electronic recordkeeping under 21 CFR Part 11 and warning statements for high-protein products.
Jennifer Hatcher, FMI’s Chief Public Policy Officer, emphasized that the requested flexibilities on lot code tracing and exemptions for intracompany shipments would make compliance more feasible without compromising FDA’s ability to access necessary data for food safety improvements.
In summary, FMI's key recommended changes are:
- For Food Traceability Rule:
- Provide flexibility in lot code tracing at distribution level.
- Exempt intracompany shipments from the rule.
- Allow identification of the individual assigning lot codes instead of location-based assignment.
- For Front-of-Package Nutrition Labeling:
- Withdraw the proposed rule due to cost, burden, and questionable consumer benefit.
- Revoke outdated FDA regulations like electronic recordkeeping and high-protein product warnings.
These positions are part of FMI’s broader support for regulatory streamlining to reduce costs and complexity while maintaining food safety and consumer access to information.
The comments were in response to the agencies' Request for Information (RFI): Ensuring Lawful Regulation and Unleashing Innovation To Make America Healthy Again. Jennifer Harcher, chief public policy officer at FMI, stated that FMI supports the agencies' efforts to eliminate outdated regulations and increase transparency.
Deregulatory efforts, according to Harcher, will make it easier for the food industry to operate while keeping food costs low for consumers. It is worth noting that many packages already contain Facts Up Front nutrition labeling, which was designed with the help of FDA more than a decade ago and meets FDA's stated goals.
- The Food Industry Association (FMI) advocates for science-based approaches in food safety and health-and-wellness, as seen in their recommendations for flexibility in food traceability and the withdrawal of the proposed rule for front-of-package nutrition labeling.
- In the realm of business and finance, FMI encourages regulatory streamlining to reduce costs and complexity, while maintaining food safety and consumer access to information. This approach aligns with their support for deregulatory efforts that make it easier for the food industry to operate without increasing food costs for consumers.
- Furthermore, FMI supports science and innovation in the food-and-drink sector, as demonstrated by their comments in response to the Request for Information (RFI) on ensuring lawful regulation and unleashing innovation to make America healthy again. This includes the endorsement of transparency measures and the recognition of existing labels like Facts Up Front nutrition labeling.
