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Script: Notice of Intended Enforcement, Part 3, Options After Receiving an NOIE—Appeal |
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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:
Welcome. I'm Sheila Johnson with FSIS. Joining me again
is Joan Collins, a program manager in the Office of Field Operations. She has been
with FSIS for more than 20 years and has a great deal of experience training front
line supervisors on the statutes, Rules of Practice and administrative enforcement.
In our previous podcasts, we discussed the Rules of Practice as they pertain to the types of
enforcement actions that FSIS may take, and when notification in the form of an
NOIE is required. Today, we're going to talk about appeal options after a plant receives an NOIE.
Again, thanks for being here, Joan.
Guest:
My pleasure!
Host:
Let's say a plant owner or operator has received an NOIE.
What should he or she do?
Guest:
Well, first, if plant owners or operators have any questions
about the reasons that the NOIE has been issued, or if they have any questions about the
enforcement process, then they should contact the District Office.
The District Manager or other District Office personnel who are familiar with the matter are
available to discuss the matter and to clarify issues if there are any questions.
As reflected under the Rules of Practice, when an NOIE is issued plants are provided
three business days to respond. Therefore, it's important for plant officials to make
certain that they fully understand the facts in order to effectively respond to the
action that has been proposed.
Plant management can contest the basis for the proposed action, or demonstrate how compliance
has been or will be achieved.
The Agency can extend the deadline to give plant management more time to respond if necessary.
Host:
Let's say the plant decides to appeal. To whom do they make the appeal?
Guest:
In the case of an NOIE, the plant would contest the basis of the
matter by appealing the matter directly to the District Manager and asking that the District
Manager rescind the NOIE.
Since the NOIE would have been issued by the District Manager, plant management could also elect
to appeal the NOIE to the appropriate manager in headquarters who supervises the activities of
the District Office.
Host:
What kind of information should the appeal include?
Guest:
Good question! Plant owners or operators should provide a
detailed explanation of why they disagree with the findings that led to the NOIE.
They should include any information they have which disputes the facts, including any
supporting documentation that they want to be considered in evaluating the merits of the appeal.
Host:
You also mentioned supporting documentation. What kind of documentation?
Guest:
Usually, the documentation would include any technical information,
scientific data, or other types of factual objective information or records.
Host:
How should the appeal be made?
Guest:
Well, although it's not required, it would be best if the appeal
were made in writing since the issues involved in an NOIE are usually too complex or
extensive to effectively communicate orally.
Host:
What happens next?
Guest:
FSIS may enforce the NOIE, rescind the whole thing, or rescind any part of it.
Host:
Is there a set time frame for FSIS to make a decision regarding the appeal?
Guest:
No. The time frame depends on the unique set of facts that's involved
with the situation. If the NOIE concerns product that is under retention by FSIS, or product
that has been voluntarily held by the plant, or situations where product shelf life is of concern,
then the decision may be expedited.
Host:
What if a plant owner continues to disagree with the appeal decision?
Guest:
If plant owners or operators disagree with the decision, then they can
continue to appeal the matter through the chain of command for the Office of Field Operations or OFO.
Plant management cannot skip any level in the chain of command. They have to go in order.
For an NOIE, the next level after the district manager would be the OFO Executive Associate for
Regulatory Operations, followed by the OFO Assistant Administrator, and finally, the FSIS Administrator.
Although there is no set time frame associated with each level, the Agency works diligently to ensure
that decisions are made as expeditiously as possible.
FSIS considers the unique set of facts that's involved with each situation and also factors in
concerns such as product shelf life.
Host:
That's very good information. Thanks for coming in today and explaining
how to appeal an NOIE.
Guest:
You're welcome!
Host:
And to all of our listeners, be sure to stay tuned to the FSIS Web site at
www.fsis.usda.gov for our fourth and final podcast in this series on the NOIE, when we will discuss
how plant management responds to an NOIE.
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: June 3, 2009 |
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