Friday, August 20, 2021

Constituent Update - August 20, 2021

US Food Safety and Inspection Service - US Department of Agriculture
Constituent Update

August 20, 2021

FSIS Actions at Establishments That Do Not Follow Mask Requirements

On August 20, 2021, FSIS released a notice and emailed FSIS-inspected establishments of updated measures to reduce the risk of COVID-19 infections for FSIS inspection program personnel (IPP) at establishments. This notice replaces FSIS Notice 30-21 released on August 4, 2021. These changes are based on guidance from the Centers for Disease Control and Prevention (CDC).

Effective Wednesday, August 25, 2021:

  • Federally regulated establishments are required to follow the latest CDC guidance. Establishment employees and contractors are required to wear masks, regardless of vaccination status, when IPP are present, if located in an area of "substantial" or "high" community COVID-19 transmission. Managers and employees are to use the CDC COVID Data Tracker website, which is updated daily, to determine whether they are located in one of these areas.
  • FSIS will maintain ongoing communication with establishment personnel if the establishment does not follow CDC guidance and ensure that employees and contractors consistently wear masks to reduce the risk of COVID-19 transmission when FSIS personnel are present. As of August 25, 2021, FSIS will not provide inspection service to the establishment unless it meets this requirement to protect IPP at their establishments.

On July 28, FSIS directed its employees to wear a mask in federal buildings, regulated establishments, and government owned or leased vehicles regardless of vaccination status. On August 4, FSIS issued a notice outlining the expectation that establishments follow the CDC guidance in response to a national increase in COVID-19 cases and hospitalizations due to the highly transmissible Delta variant. These measures align with FSIS Directive 4791.1 Basic Occupational Safety and Health Program and FSIS Directive 4791.5 Hazard Communication Program. For FSIS employees working in privately owned establishments, the Agency does not have authority to abate hazardous conditions directly. However, the Agency is expected to provide employees with safe and healthy working conditions as part of the overall inspection process. Means used by the Agency to reduce exposure to hazardous work conditions include administrative controls and removing employees (including withdrawing IPP) from unsafe conditions as necessary for protection.

FSIS Reflects on 25 Years of HACCP

In 1996, FSIS issued its landmark final rule, Pathogen Reduction/Hazard Analysis and Critical Control Point (PR/HACCP). This rule represented a dramatic shift in how the Agency approached its mission of ensuring consumers have safe food. This revolution in food safety was seen in the move away from "command-and-control" inspections to a system that is more preventive in nature, allowing FSIS to be proactive rather than reactive when it comes to inspection. The rule also clarified the roles of the federal government to set food safety standards and of the industry to produce safe food.

Since its introduction, HACCP has been an effective tool in ensuring our nation's food is safe. According to one study (Williams and Ebel, 2012), Salmonella contamination on broiler chickens (carcasses) decreased by 56 percent from 1995 to 2000, demonstrating how significant this policy has been.

Read the full article about the impact of HACCP on public health, FSIS, and the industry here

FSIS to Post Next Set of Establishment-Specific Datasets

FSIS is preparing to publish the next set of establishment-specific datasets as previously announced in the Federal Register on July 14, 2016 (Docket No. FSIS-2014-0032). Prior to publishing these datasets, FSIS is making sample datasets available. The next sample datasets and corresponding data documentation are for Livestock Humane Handling and Poultry Good Commercial Practices inspection tasks. These datasets also include information regarding verified regulations and Memoranda of Interview and Noncompliance Records associated with the tasks. These sample datasets are now available on the Data Sets and Visualizations web page in the Inspection Task Data section. Any personally identifiable information (e.g., names, phone numbers, titles) or industry proprietary information will be redacted. 

Please visit Regulations.gov and follow the online instructions at that site for submitting comments to Docket FSIS-2014-0032 for this sample dataset and data documentation by October 1, 2021.

The first datasets containing data from fiscal year (FY) 2021 Quarter 3 are planned to publish on October 8, 2021. Subsequent postings will follow the regular posting schedule for establishment-specific datasets. New datasets are released the first Friday of the next quarter with a quarter lag, meaning data for FY2021 Q4 are planned to be released on January 7, 2022, data for FY2022 Q1 are planned to be released on April 1, 2022, and so forth. Existing datasets will be updated quarterly. Additional details can be found in the FSIS Establishment-Specific Data Release Strategic Plan.

Reminder: USDA Solicits Public Comments on Investments and Opportunities for Meat and Poultry Processing Infrastructure

On July 9, USDA announced it will commit $500 million of USDA's Build Back Better Initiative funds through the American Rescue Plan to support new competitive entrants in meat and poultry processing. USDA will provide grants, loans, and technical assistance to address concentration within the meat and poultry sectors and relieve supply chain bottlenecks by supporting new meat and poultry processing facilities.

USDA has issued a Request for Information to solicit public input into its strategy to improve meat and poultry processing infrastructure, which is available on regulations.gov.

Comments will be accepted through August 30, 2021. Comments can be submitted here.

Reminder: FSIS Seeks Recommendations for Improvements to CIS Program

FSIS is seeking recommendations for improvements to its Cooperative Interstate Shipment (CIS) Program. The Consolidated Appropriations Act, 2021, enacted on December 27, 2020, directs FSIS to submit a report to Congress no later than one year after enactment that "describes recommendations, developed in consultation with all States, for possible improvements to the cooperative interstate shipment program under section 501 of the Federal Meat Inspection Act (21 U.S.C. 683) and section 31 of the Poultry Products Inspection Act (21 U.S.C. 472)."  In addition to consultation with states, FSIS is providing an opportunity for stakeholders to submit recommendations for possible improvements to the Cooperative Interstate Shipment (CIS) program.  Stakeholders may submit their written recommendations to CISProgram@usda.gov.

To facilitate FSIS' review, recommendations for possible CIS program improvements should include a detailed description that states:

  • The underlying need for the recommendations;
  • The potential improvement(s) the program would achieve from implementing the proposed recommendations;
  • The stakeholders who would benefit from the potential improvement; and
  • Any known existing constraints to implementing the recommendations

Proposed recommendations need not be limited to those that can be implemented under the current laws, regulations, and Agency policy.

Stakeholders that wish to submit recommendations are encouraged to submit a response by September 17, 2021. Information on the CIS program is available here.

Policy Update

FSIS notices and directives on public health and regulatory issues are available at: https://www.fsis.usda.gov/policy/directives-notices. The following policy updates were recently issued:

FSIS Notice 33-21 - FSIS Security Paper Seven-Digit Export Stamp Enhanced Digital Signature and Statements Module for Use with the Export Module of PHIS - Phase 5

FSIS Notice 34-21 - FSIS Actions at Establishments That Do Not Follow Mask Requirements

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