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# Food Safety Enhancement Act - Update
- URL: https://www.foodconsumer.org/food_safety_enhancement_act_-_update_191020090655/
- Published: 2009-10-19T18:52:00.000Z
- Updated: 2026-09-22T15:47:47.000Z
- Description: HR 2749 has passed the House and a similar Senate bill, S 510, is pending. Both would require all-up, all-down traceability, mandatory recalls and electronic records. The piece contends only ScoringAg offers item-level traceback, and compares the bills with the 2002 Bioterrorism Act.
- Author: Food Consumer
- Tags: Law & Regulations, Politics, Food Safety Topics, #vivvo-import

The Food Safety Enhancement Act of 2009 HR 2749 has passed the House, while the Senate version (S 510), which is similar to the House bill, is pending but said to be on the fast track. One of the features of this legislation is that it mandates **end-to-end traceability of produce and other raw material inputs into processed foods.** 

Not one of the existing known software and traceability programs are capable to do the required All-Up, All-Down traceback. 

Only ScoringAg has an

All-up and All-Down

 **item-level traceback system**,

from Field-to-Fork

in the required electronic Record format (E-Records)

for instantaneous access in case of a recall. 

| **Existing Legislation** **(Bioterrorism Act 2002)**                    | **HR 2749 (Passed)**                                                   | **S 510 (Pending)**                                                      |
| ----------------------------------------------------------------------- | ---------------------------------------------------------------------- | ------------------------------------------------------------------------ |
| **One-Up, One Down Traceback**                                          | **All-Up, All down Traceback**                                         | **All-Up, All down Traceback**                                           |
| **Little Enforcement**                                                  | **Major Enforcement**                                                  | **Major Enforcement**                                                    |
| **Farms, Restaurants and Groceries exempt, ambiguous link to the farm** | **Farms, Restaurants and Groceries included, clear links to the farm** | **Farms, Restaurants and Groceries exempt,** **clear links to the farm** |
| **Any form of records**                                                 | **Only electronic records**                                            | **Only electronic records**                                              |
| **Voluntary Recall**                                                    | **Mandatory Recall**                                                   | **Mandatory Recall**                                                     |
| **Reasonable Record Access by FDA**                                     | **Mandatory Immediate Access to Records**                              | **Mandatory Immediate Access to Records**                                |
| **No facility registration fees required**                              | **US-$ 500 facility registration fee required every year**             | **Facility registration fee is in debate**                               |

Comparison of Pending and Existing Traceability Legislation in the U.S. (Source: ARC Advisory Group; article: Barcodes come to the farm.). 

The guidelines proposed in PTI, (Produce Traceability Initiative) sponsored by the Canadian Produce Marketing Association, the Produce Marketing Association, and United Fresh Produce Association would improve current produce traceability capabilities, **but they fall short of the requirements outlined in the new legislation**. PTI seeks to build better transparency based on a common nomenclature for **only** **case labeling**. 

To set up a complete recordkeeping and traceback system in ScoringAg is easy fast and inexpensive and has worked for many years. 

Penalties in HR 2749 for unintentional violations can lead to between $250,000 and $1 million; intentional violations can result in imprisonment for up to ten years. It doesn’t make any difference if the operations is commercial, organic, natural or in any way certified. 

**This law includes also all imports and exports.** 

Best Regards, 

Brunhilde Merker

CEO

[ScoringSystem, Inc.](https://www.scoringag.com/scoringag/index.cfm?sfa=main.main&ref=foodconsumer.org)

Bradenton, FL, USA

\+ 941-792-6405