New FSIS Policy Prevents Entry into Commerce for Meat/Poultry Products Until FSIS Gets Test Results
The Food Safety and Inspection Service said it's adopting a policy, effective Feb. 8, to no longer allow meat and poultry products, including imported products, to enter into U.S. commerce until all test results have been received by FSIS. The agency will withhold its determination as to whether the imported or domestic products are not adulterated until it receives the results of sampling, it said. Importers will, however, be able to move products away from the border pending test results as long as the product moves under company seal and does not enter into U.S. commerce. According to FSIS, this proposed policy will reduce the number of recalls and reduce the amount of unsafe food that reaches store shelves.
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The new policy adopts an April 2011 proposal in its entirety. (See ITT’s Online Archives 11041121 for summary of the FSIS proposed policy.)
FSIS Current Policy Lets Products Enter Commerce Prior to Test Results
FSIS’s current practice is to allow meat and poultry products to be packaged and labeled with the mark of inspection pending receipt of results of tests done by FSIS. FSIS requests, but does not require, that establishments maintain control of all product represented by any samples taken until FSIS receives the results of the sampling.
As a result, establishments may ship product before test results are available. If the establishment introduces the product into commerce, and the test result for that product is positive for a pathogen or other adulterant, FSIS will request that the establishment recall the product. If the establishment refuses to recall the product, FSIS will move to detain and, if necessary, seize it.
Because establishments, including official import inspection establishments, are not consistently maintaining control of product, despite FSIS’s request that they do so, FSIS is concerned that adulterated product is entering commerce, it said.
Beginning Feb. 8, Some Products Can’t Enter U.S. Commerce Until Sampling Results Received
FSIS will not allow products to bear the mark of inspection until all test results have been received by FSIS. In effect, these products will not be able to enter U.S. commerce until test results are in. The new policy covers the following products:
- Non-intact raw beef product or intact raw beef product intended for non-intact use that is tested for E. coli O157:H7.
- Any ready-to-eat meat or poultry products tested for Listeria monocytogenes, E. coli O157:H7, or Salmonella s.
- Ready-to-eat meat or poultry products that passed over food contact surfaces that have been tested for the presence of Listeria monocytogenes and Salmonella, pending receipt of negative test results.
- Livestock (meat) carcasses subject to FSIS testing for such veterinary drugs as antibiotics, sulfonamides, or avermectins or the feed additive carbadox.
The new policy will not apply to the following products:
- Raw meat or poultry products tested for Salmonella or other pathogens that FSIS has not designated as adulterants in those products.
- Poultry carcasses tested for residue.
Packaging May be Premarked, but No Entry into Commerce Pending Results
Because the mark of inspection is preprinted on the package label of many products, it is more efficient to allow the product to be packaged and labeled with the printed mark of inspection as part of the production process. FSIS will continue to allow meat and poultry establishments to package and label products sampled and tested for adulterants with the mark of inspection, pending negative Agency test results, it said. These products will not, however, be able to enter commerce until negative test results become available. The pre-shipment review of records associated with the production lot will not be complete without the pending test results.
FSIS inspection program personnel will continue to provide each establishment with notification before sampling product or food contact surfaces to allow the establishment time to hold product that is represented by the sample, it said.
Establishments May Move Products Under Company Seal, but May Not Transfer Ownership
Establishments will also be able to move product to locations other than the import establishment or production facility so long as the establishment maintains control of the product and maintains the integrity of the lot under company seal, FSIS said. If the establishment moves the product to other locations, it will not be able to transfer ownership of the product until negative test results become available. Inspection program personnel must notify the establishment when product could move into commerce based on negative FSIS test results, FSIS said.
FSIS contact -- Rachel Edelstein (202) 205-0495