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United States Department of Agriculture
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Congressional and Public Affairs
Caryn Long (202) 720-9113

Final Rule Allows FSIS To Release Distribution Lists To State and Federal Agencies During Product Recalls

        WASHINGTON, April 26, 2002--The U.S. Department of Agriculture's Food Safety and Inspection Service this week published a final rule allowing FSIS to share a firm's distribution list with state and federal agencies in the event of a meat or poultry product recall. The rule will take effect July 31, 2002.

        A product distribution list is a proprietary, confidential record of where and when a company's products are shipped. When a product is recalled, distribution lists are used to locate the recalled products and verify that they are removed from commerce.

        ''The final rule allows for better communication and coordination between FSIS and the numerous state and federal agencies that may be involved in product recalls,'' said Bill Hudnall, acting FSIS administrator. ''Sharing this information will help to better protect the public health.''

        In the past, FSIS could not release distribution lists to state and federal agencies because that would have made the information public under the Freedom of Information Act. Under FOIA, once information is made public, it must be released to anyone who requests it, including the general public and industry. FSIS recognized that if it made the information regularly available to the public, firms would be unwilling to share this information with the Agency. Under the new rule, release of this information to state and federal government officials does not result in the information being made public.

        In order to receive the distribution lists, state agencies must provide a written statement verifying their authority to protect the information from public disclosure, and state and federal agencies must provide a written agreement stating that the information will not be disclosed without the submitters' permission.

        FSIS published a proposal on this rule in September 2000 and received 18 public comments, most expressing general support for the rule. The comments were reviewed and incorporated into the final rule.

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