Tuesday, March 1, 2022

Special Alert: Constituent Update - March 1, 2022

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

March 1, 2022

FSIS Issues Updated Mask Guidance in Accordance with Current CDC Recommendations

In the context of recent declining rates of COVID-19 infection and hospitalizations across the U.S., on February 25, the Centers For Disease Control and Prevention (CDC) released its prevention steps that should be taken based on COVID-19 community levels. The framework expands beyond cases and test positivity rates to include hospitalizations and hospital capacity as metrics to determine whether the level of COVID-19 and severe disease are low, medium, or high in a community. The framework directs efforts toward protecting people at high risk for severe illness and preventing COVID-19 from overwhelming U.S. hospitals and healthcare systems. The updated guidance recommends wearing a well-fitting mask indoors, regardless of vaccination status, only in areas experiencing a high level of COVID-19 and severe disease.

As of March 1, 2022, FSIS Notice 34-21 has been rescinded. FSIS-regulated establishments are no longer subject to suspension or withdrawal of inspection services for failure to require their employees to wear masks when FSIS inspection program personnel are present. FSIS will reinstate inspection services immediately to any FSIS-regulated establishments that are currently the subject of a suspension action pursuant to FSIS Notice 34-21.

FSIS continues to recommend that FSIS-regulated establishments follow CDC guidance on the use of masks to reduce the risk of infection with COVID-19; in particular, CDC recommends use of masks indoors in areas with high COVID-19 community levels.

FSIS employees must continue to wear masks at this time as set out in the USDA workplace safety plan

On February 3, 2022, FSIS submitted an interim final rule (IFR) to the Office of Management and Budget (OMB), titled "Establishment and Inspected Facility Precautions to Protect the Health and Safety of FSIS Employees". Based on the updated CDC guidance, FSIS is withdrawing the IFR from OMB consideration.

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