The Unbearable Delay: Why America’s Food Safety System Needs a Redesign

The US government has been slow to pass a crucial rule that would help trace the origin of tainted food, leaving experts and consumers puzzled for 15 years. Conceived by Congress in 2010 as part of the Food Safety and Modernization Act (FSMA), the “traceability rule” remains unimplemented despite its potential to prevent foodborne illnesses.

One major concern with the current system is its inability to quickly identify the source of tainted food. David Lennarz, co-founder of Registrar Corp, notes that tracing packaged salad greens can be challenging due to their diverse origins: “Some products have multiple types of greens – radicchio, spinach, lettuce – coming from different sources and then packaged together.”

The current system relies on retailers and distributors to keep accurate records of where they purchased or sold potentially contaminated food. However, this method has its limitations. Jennifer McEntire, founder of Food Strategy, points out that data related to crop origins is often lost when cases from farms are combined into pallets.

Farmers bear the brunt of consumer confidence plummeting in response to foodborne illness outbreaks. De Ann Davis, vice-president of science for the Western Growers Association, emphasizes that farmers have collected origin data on their produce as part of the voluntary Produce Traceability Initiative since 2010: “If post-shipment tracking is not done well, there’s little growers can do about it.”

Lobbying efforts from retailers and food industry groups have undoubtedly contributed to the delay in implementing the rule. The Food Industry Association (FMI) describes traceability as “the most complex regulation the food industry has ever faced.” However, one cannot help but wonder if this complexity is not a result of the industry’s own lack of transparency.

The 2025 cyclosporiasis outbreak serves as a stark reminder of what happens when we fail to prioritize food safety. Over 24,000 people fell ill and two died in an outbreak that could have been mitigated with a functioning traceability system. Bill Marler, a leading food safety attorney, notes: “It’s probably close to 30,000 people – 95% of all illnesses occur in the 15 states with Taco Bell and Taylor Farms.”

Implementing the traceability rule is not just about compliance; it’s also about restoring consumer confidence. Sara Sorscher, an attorney specializing in food safety at the Center for Science in the Public Interest, notes: “We are now 16 years into this law, and we still don’t have enforcement of a rule meant to deal with exactly this type of situation.”

The delay in implementing the traceability rule is a stark reminder that America’s food safety system needs a comprehensive overhaul. Policymakers should take a hard look at the current system and consider bold reforms aimed at prioritizing transparency, accountability, and public health. The lives of countless Americans depend on it.