FSMA 204 compliance date: where does it stand?
The original FSMA 204 compliance date was January 20, 2026. FDA has proposed moving it to July 20, 2028 (not yet final), and Congress’s FY2026 appropriations law directed FDA not to enforce the rule before that date, which FDA says it intends to follow. Neither changes what the rule asks of you.
That leaves many small food businesses unsure how much time they really have. This guide lays out the dates, what is settled and what is not, and where to check for updates.
What was the original FSMA 204 compliance date?
FDA published the Food Traceability Rule in the Federal Register on November 21, 2022, and it took effect on January 20, 2023. It set one compliance date for everyone: January 20, 2026.
FDA explains on its Food Traceability Rule page that because businesses pass information to their supply chain partners, the rule works best if everyone comes into compliance on the same date.
What did FDA propose, and is it final?
On August 7, 2025, FDA proposed extending the compliance date by 30 months, to July 20, 2028. FDA cited concerns about the amount of time businesses along the supply chain would need to implement the rule.
A proposal is not final until FDA publishes a final rule. At the time of writing, in October 2026, FDA’s rule page still describes the change as a proposal, and the Federal Register lists no final rule extending the date. So treat July 20, 2028 as the proposed date, and as the date Congress tied to enforcement, rather than as a deadline already written into the regulation.
What did Congress direct?
Section 780 of Division B of Public Law 119-37, signed on November 12, 2025, says no funds appropriated by that Act may be used to administer or enforce the Food Traceability Rule before July 20, 2028. FDA’s rule page describes this as a direction not to enforce the rule before that date, and says “FDA intends to comply with this Congressional directive.”
The same section tells FDA to meet quarterly with regulated businesses and look for additional flexibilities in how the rule’s lot-level tracking requirement can be met. It also directs FDA to help industry with food waste recovery, reclamation, intra-company transfers and customer returns, and to run hypothetical data exercises to test FDA’s Product Tracing System.
It is a spending limit in an appropriations law. It does not amend the rule, and it was written for the fiscal year that ended September 30, 2026.
Since October 1, 2026, FDA has run on a continuing resolution, Public Law 119-103, signed September 2, 2026. It funds agencies through December 11, 2026 under the authority and conditions of the FY2026 acts, so the limit carries over for now. No full-year FY2027 law had passed at the time of writing. The House-passed FY2027 agriculture bill (H.R. 8646) repeats the July 20, 2028 limit, but a bill is not law until both chambers pass it and the President signs it. If you are reading this after December 2026, check FDA’s rule page for its current position.
How have the dates moved?
| Date | What happened |
|---|---|
| November 21, 2022 | FDA publishes the final rule |
| January 20, 2023 | The rule takes effect |
| March 20, 2025 | FDA announces it intends to extend the compliance date by 30 months |
| August 7, 2025 | FDA proposes a 30-month extension of the compliance date |
| November 12, 2025 | Appropriations law signed, with the July 20, 2028 enforcement limit |
| January 20, 2026 | Original compliance date in the rule |
| June 15, 2026 | FDA public meeting on lot-level traceability |
| September 2, 2026 | FY2027 continuing resolution carries the FY2026 funding terms through December 11, 2026 |
| July 20, 2028 | Date FDA proposed, and the date before which FDA is directed not to enforce |
What does the delay change, and what does it not?
- Enforcement timing. FDA has been directed not to enforce before July 20, 2028, and says it will comply.
- What the rule requires. Unchanged. Covered foods, critical tracking events, key data elements, lot codes, the traceability plan and 24-hour records all work as before.
- The regulation text. The eCFR shows Subpart S of 21 CFR Part 1 with no amendment since a technical amendment in September 2023, as of its October 1, 2026 update.
- Lot-level flexibilities. FDA is exploring them. It released a discussion paper, held a public meeting on June 15, 2026, and took comments through July 15, 2026. None has been written into the rule.
- Targeted exemptions. These move on their own track. In February 2026 FDA exempted Grade “A” cottage cheese on the Interstate Milk Shippers List. See our exemptions guide.
- Older records rules. The separate one step back, one step forward rules in 21 CFR 1.337 and 1.345 have applied since 2005 and 2006 to many food businesses, though farms, restaurants and some other businesses are excluded. They are not delayed.
- Your buyers. Retailers set their own timelines. See why retailers want traceability data before 2028.
The delay is not a repeal. The rule is still on the books, and the question of when FDA may enforce it is separate from what it says.
Where do you check the current compliance date?
Start with the source, not a summary.
- FDA’s Food Traceability Rule page. Read the “Compliance Date” section and the “Content current as of” date at the bottom. At our last check, a line further down that page still showed January 20, 2026, so read the Compliance Date section itself.
- The Federal Register. Search for “Requirements for Additional Traceability Records for Certain Foods” on federalregister.gov. A final rule extending the date would appear there as a rule document.
- The eCFR. Check the amendment history for Subpart S.
- FDA’s FAQ page. FDA updates it as it answers new questions.
- FDA’s HFP Constituent Updates. FDA has posted each traceability announcement there, from the March 2025 extension notice to the June 2026 tabletop report.
Dates also get shortened when people write about the rule. Here is how to read the common versions:
| If you read | How to read it |
|---|---|
| “The compliance date is January 20, 2026” | The date in the 2022 final rule. FDA has proposed changing it, and Congress has barred enforcement before July 20, 2028. |
| “The compliance date is July 20, 2028” | Shorthand. FDA’s own wording is that it proposed this date and that Congress directed it not to enforce before then. |
| “Enforcement starts July 20, 2028” | Close, but the limit is “not before” that date. It does not promise a start date. |
Why get ready before the date?
FDA tested how this works in practice. Between March 9 and April 1, 2026, it ran voluntary tabletop exercises with 15 companies, which were asked to find records for one product over a date range and send them as an electronic sortable spreadsheet within 24 hours. FDA reported that most firms responded within 24 hours, and that coordination with supply chain partners, more than any particular technology, drove the strongest results. The gaps it found were mostly lot codes and lot code sources that were missing or did not travel together. It is a small sample, and FDA says so.
Coordination takes time. Suppliers have to send lot codes, labels have to change, and receiving and shipping paperwork has to capture the same fields. Buyers also do not wait for FDA.
What should a small food business do now?
- List every product and mark the ones on the Food Traceability List.
- Write down which critical tracking events you perform for each.
- Compare your records with the key data elements for each event.
- Decide where lot codes will come from and how they will travel on your paperwork.
- Ask your biggest buyers and suppliers what they expect and when.
- Run a mock trace, and repeat it every few months.
- Recheck FDA’s rule page each quarter, because FDA is meeting with industry on that schedule.
The FSMA 204 compliance checklist walks through each step with the rule section behind it.
Frequently asked questions
Is July 20, 2028 the official FSMA 204 compliance date?
Not yet. It is the date FDA proposed, and the date before which Congress directed FDA not to enforce the rule. FDA says it intends to follow that direction, so check its rule page for any final rule.
Do I have to keep FSMA 204 records now?
FDA has been directed not to enforce the rule before July 20, 2028, and that limit carries into the current continuing resolution. The rule has not been repealed or rewritten, though, and many businesses already owe one step back, one step forward records and whatever their buyers require.
Could the date change again?
It could. FDA has not finalized its proposal, and it is also looking at flexibilities for the lot-level tracking requirement. FDA’s rule page shows its current position.
Does the delay change which foods are covered?
No. The delay is about timing. Coverage still follows the Food Traceability List and the exemptions in 21 CFR 1.1305, plus FDA’s separate exemption for Grade “A” cottage cheese. See which foods are on the list.
Where Lotcrumb fits
Lotcrumb is being built to keep your traceability records in one place and ready to export, so a change in the date or in a buyer’s requirements does not mean starting from paper. Join the waitlist for early access.
This guide is general information, not regulatory advice. Dates and requirements can change, so confirm the current position on FDA’s Food Traceability Rule page or with a food safety professional.