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Script: Appealing Noncompliance Records: Part II |
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Intro:
Welcome to USDA’s Food Safety and Inspection Service podcast. Each episode will bring
you cutting edge news and information about how FSIS is working to ensure public health
protection through food safety. While we’re on the job, you can rest assured that your
meat, poultry, and processed egg products are safe, wholesome, properly labeled, and packaged
correctly. So turn up your volume and listen in.
Host:
Hello and welcome. I’m Sheila Johnson with FSIS. In an earlier podcast, we discussed
the right of plant management to appeal an NR, and what the appeal should include. In
this podcast, we’re going to continue the discussion.
Commander Jeff Tarrant, from the Office of Outreach, Employee Education and Training,
is here again to talk about whom you make your appeal to, and what you should expect
after your appeal is made.
Commander Tarrant is a U.S. Public Health Service Officer and has been assigned to
FSIS as a Program Management Officer since February 2005.
His current duties include leading the development and implementation of the FSIS
Response Plan for an Outbreak of Highly Pathogenic Avian Influenza; directing
communication efforts for the Agency’s Human Pandemic Operations Plan; and designing
clear-language food safety and defense training material.
Jeff, thanks for coming back. It’s nice to see you again.
Guest:
Likewise!
Host:
Well, based on what we discussed during the previous podcast, let’s say that I
received an NR that I disagree with. I’ve written my appeal, which includes the
narrative explanation of why I disagree with the finding, the NR reference number, and
my supporting documentation or information. Now what?
Guest:
Basically, you would need to take an appeal through the chain of command in the
Agency’s Office of Field Operations, or OFO.
Taking the appeal through the chain of command helps to minimize response time by
ensuring that the program employees most familiar with the facts in the appeal
evaluate it first.
This also gives you somewhere to go if you aren’t satisfied with the appeal outcome -
you can always appeal to the next higher level. I want to emphasize here that the
appeal MUST follow the chain of command; it cannot skip any level.
Host:
So, would the first person I appeal to be the FSIS official who made the finding?
Guest:
Absolutely! That person could be the Consumer Safety Inspector, Public Health
Veterinarian or the Inspector-in-Charge.
When plant officials review the Agency’s response to the appeal, they might understand
for the first time why the NR was written and decide to discontinue the appeal.
However, if the plant officials aren’t satisfied with the appeal outcome, they could
take it to the next level of command in OFO, which would be the Public Health
Veterinarian Inspector-in-Charge, or a Mini-Circuit Supervisor.
Next would be the Frontline Supervisor, followed by the District Manager, then the
Executive Associate for Regulatory Operations, then the OFO Assistant Administrator,
and finally, the FSIS Administrator.
Host:
Not to be difficult, but what if the FSIS program employee who made the finding isn’t
available for some reason, like after they gave me an NR, they immediately went on two
weeks vacation. What do I do? Am I stuck until he or she gets back?
Guest:
No, we wouldn’t do that to you. You can start the appeals process with the immediate
supervisor of the FSIS employee who made the finding. In a situation like you
described, that would probably be your best option.
Even if the FSIS employee who made the finding is available, the regulations do allow
you to make the appeal to that person’s immediate supervisor. It’s just that appealing
to the person who made the finding and is familiar with the facts may expedite the
appeal.
Host:
Okay, I present my appeal to the inspector who issued the NR, or to his or her
immediate supervisor. What next?
Guest:
The FSIS employee who receives your appeal would document it in the FSIS PBIS system;
evaluate the reason for the appeal, the initial inspection findings, and the pertinent
regulatory provisions.
Host:
When can I expect a response?
Guest:
Usually, a written response to an appeal is issued by the FSIS employee in 2 to 5
working days. The response should address all the disputed findings in the appeal. The
FSIS employee may verbally render a decision if fresh product is involved, followed up
by a written response.
Host:
And then?
Guest:
If the appeal or any part of the appeal is granted, the FSIS employee makes the
appropriate modifications or completely deletes the NR and documents the changes that
have been made in the PBIS system.
Host:
And if the appeal is denied?
Guest:
Then the next step is up to you. You can accept the decision, or appeal to the next
level of the OFO chain of command.
Remember, an appeal up the chain must not skip any levels, should be in writing, and
should include all pertinent appeal documents including any denials.
Host:
And what kind of time frame for decisions are we looking at as we move up the ladder?
Guest:
Typically, for a decision from a level 2 official, which would be the Public Health
Veterinarian Inspector-in-Charge, or a Mini-Circuit Supervisor; a level 3 official,
which is the Front Line Supervisor; or a level 4 official, which is the District
Manager, you’re looking at about 2 weeks.
For level 5, which is the Executive Associate for Regulatory Operations; a level 6,
the Assistant Administrator for OFO; or a level 7, the FSIS Administrator, you would
probably get a decision within 30 days.
Host:
Is that set in stone?
Guest:
No. The time may be considerably shorter or longer depending on the unique set of
facts that’s involved with the situation, and if product shelf life is of concern,
then the decision may be expedited.
But, if a plant doesn’t receive an answer within those timeframes, they may want to
ask the FSIS employee for an explanation. And they can contact the next level of the
chain if they aren’t satisfied with the explanation given to them.
Host:
Well, Jeff, I think between the two podcasts, you’ve covered the subject of appealing
an NR pretty well. I appreciate your stopping in again.
Guest:
I‘ve enjoyed being here!
Host:
For more information on appeals, or to review what we have discussed in this podcast,
visit FSIS’ Web site at www.fsis.usda.gov.
Outro:
Well, that’s all for this episode. We’d like your feedback on our podcast. Or if you
have ideas for future podcasts, send us an e-mail at
podcast@fsis.usda.gov. To learn more about food safety, try our web site at
www.fsis.usda.gov. Thanks for tuning
in.
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Last Modified: February 18, 2009 |
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