Friday, August 6, 2021

Constituent Update - August 6, 2021

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

August 6, 2021

FSIS, FDA Sign New Agreement Related to Dual Jurisdiction

On July 28, 2021, the Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) signed a Memorandum of Understanding (MOU) to permit more efficient use of resources and contribute to improved public health protection. 

The new MOU builds on existing efforts to increase interagency collaboration and coordination to achieve improved regulatory efficiency and effectiveness involving establishments under dual jurisdiction. Dual jurisdiction establishments (DJEs) are regulated by both agencies.

The MOU improves upon previous information exchange by:

  • Adding headquarters-level contacts for each agency to improve awareness of findings or emerging issues that may warrant more than local or regional coordination.
  • Updating the types of findings to be shared to reflect advances in understanding microbiological food hazards, including microbiological or other sampling findings in DJEs or products, which may provide information about sanitary conditions in those establishments or indicate serious adverse health consequence of products under either agency's jurisdiction. These results will include microbe characteristics (e.g., serotype, whole genome sequence, antimicrobial resistance profile, etc.) where applicable, and other information related to categorizing and tracking pathogens.

DJEs under this MOU are limited to human food operations and exclude animal food operations, which are regulated by FDA. 

This MOU also supersedes the 2014 MOU related to examination and inspection of Siluriformes fish and fish products.

The MOU can be found here. All FSIS MOUs can be found on the FSIS website here

FSIS Modernizes and Expands Species Testing Program

One of the ways FSIS monitors standards of identity for consumer products is through its species testing program.  This program is used routinely for import products as well as suspected sample violations under investigation. 

FSIS has modernized and expanded this species testing program by validating the use of the Chipron USDA 1.0 LCD Array. This new test provides an efficient and in-depth multispecies analysis from a single meat or poultry sample. The method simultaneously identifies canine, feline, beef, chicken, goat, horse, sheep, turkey, deer, elk, duck, and rabbit species.  

This action builds upon changes the FSIS laboratories made in 2019 to detect feline and canine tissue in food meant for human consumption as required by the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). This modernization will reduce overall laboratory assay costs, increase laboratory efficiency by pulling together tested analytes under one platform, and expand FSIS capabilities to goat and rabbit testing.

FSIS has drafted a new Microbiology Laboratory Guidebook (MLG) Chapter 20, LCD-Macroarray Method for Species Identification in Meat and Poultry Products, available on the MLG webpage. This new method will be implemented for use on samples received on or after August 30, 2021.

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.

FSIS Seeks Recommendations for Improvements to 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 30-21 - Measures to Protect FSIS Inspection Program Personnel (IPP) From COVID-19 Infection

FSIS Notice 31-21 - USDA Material Management Service Center End of Fiscal Year Inventory and Reconciliation Closure

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