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LRA restaurant members are encouraged to share their experiences and concerns regarding FSMA 204 compliance.

The U.S. Food and Drug Administration (FDA) is seeking industry feedback on proposed enforcement discretion for certain requirements under the Food Safety Modernization Act (FSMA) Food Traceability Rule, also known as FSMA 204.

The FDA recently issued draft guidance proposing to exercise enforcement discretion for restaurants and retail food establishments with average annual food sales or food provided between $250,000 and $1 million, adjusted for inflation. Under this proposal, the FDA would not enforce FSMA 204 requirements for qualifying establishments for an unspecified period.

The proposed approach could provide meaningful relief for independent restaurants that may face significant operational and financial challenges in meeting the rule's requirements. However, the FDA is seeking feedback on whether the proposed sales threshold is appropriate and what additional considerations should be addressed.

The Louisiana Restaurant Association wants to hear from you.

The National Restaurant Association is gathering feedback from restaurant operators across the country to help inform its response to the FDA. LRA encourages members to share their experiences, concerns, and recommendations, particularly regarding the practical realities of complying with food traceability requirements.

Consider the following questions:

• Does the proposed enforcement discretion for establishments with annual food sales between $250,000 and $1 million appropriately address the businesses most likely to face compliance challenges?
• Should the FDA consider a different sales threshold or an alternative approach? Why?
• What challenges has your restaurant encountered in preparing to comply with FSMA 204?
• What operational, staffing, technology or supply chain issues should the FDA better understand?

Specific examples are especially helpful, including estimated compliance costs, implementation timelines, technology requirements and other operational impacts.

Share Your Feedback

Please send your comments and experiences to Will DuBos, LRA Managing Director of Government and Public Affairs, by Tuesday, November 17, so the Association can compile feedback for the National Restaurant Association.

Will J. DuBos
Managing Director, Government and Public Affairs
Louisiana Restaurant Association
(504) 432-7529
WDubos@LRA.org

The FDA's public comment deadline is November 23.

Review the FDA's Draft Guidance:
Requirements for Additional Traceability Records for Certain Foods: Enforcement Policy

Your input can help ensure the realities of operating a restaurant are represented as federal food traceability policies are considered.

Have you started preparing for FSMA 204? What has it cost your business in time, technology, or resources? Your experience matters, and we want to make sure the restaurant industry's perspective is heard.