2026-20721Proposed RuleWallet

Restaurants Dodge New Food Tracking Paperwork—for Now

Published Date: 10/9/2026

Proposed Rule

Summary

The FDA is sharing a draft plan about new food tracking rules that mostly won’t apply to certain stores and restaurants right now. If you run a retail food place or restaurant, you don’t have to worry about extra paperwork just yet, but the FDA wants your feedback by November 23, 2026. This helps them decide the final rules without causing extra costs or hassle for small businesses.

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Existing full exemption for very small retailers

If your retail food store or restaurant has an average annual monetary value of food sold or provided of $250,000 or less (calculated on a rolling 3-year basis and adjusted for inflation using 2020 as the baseline), you are fully exempt from the Food Traceability Rule. That means FDA’s rule does not apply to your business under that threshold.

Enforcement discretion for mid-size retailers and restaurants

For retail food establishments and restaurants with an average annual monetary value of food sold or provided greater than $250,000 but no more than $1,000,000 (on a rolling 3-year basis, adjusted for inflation using 2020 as the baseline), FDA currently intends not to enforce the Food Traceability Rule's requirements. This gives those businesses temporary relief from enforcement of the traceability requirements while the agency considers feedback.

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Key Dates

Published Date
Comments Due
10/9/2026
11/23/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
Food and Drug Administration
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