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Cooperative Inspection Program Functions

Comparable requirements for State inspection programs are defined in the Federal Meat Inspection Act (FMIA) for cattle, sheep, swine, goats, horses, mules and other equines and in the Poultry Products Inspection Act (PPIA) for domesticated poultry, defined by regulation to include chickens, turkeys, ducks, geese, guineas, ratites or squabs. FSIS Cooperative Inspection Program functions are outlined below.  The outline uses the authorities of the FMIA as an example.  The PPIA has comparable provisions.

The Secretary of Agriculture is authorized, under Title III, when it would effectuate the purposes of the FMIA, to cooperate with States in developing and administering an "at least equal to" program imposing mandatory requirements for:

Antemortem, postmortem, reinspection, sanitation (Title I)

Denaturing product sold not for food (Title II Sec. 201)

Maintaining records (Title II Sec. 202)

Providing access (Title II Sec 202)

Registering brokers, renderers, wholesalers, and others -- includes product for human food and dead, dying, disabled and diseased animals (Title II Sec. 203)

Control of dead, dying, disabled and diseased animals (Title II Sec. 204)

Cooperation includes:

Advisory assistance in planning and developing the program

Technical and laboratory assistance and training

Funding to 50%

And is contingent upon administration of the State program in a manner which the secretary, in consultation with advisory committee deems adequate to effect the purposes of the Act (Title III Sec. 301(a)(3) and (4)

The State program is subject to designation (returned to Federal inspection) if:

The State chooses to drop the program, or

Requirements defined in the FMIA are not met
 

Designate per 9 CFR 331.2 covering Titles I and IV of Act (Title IV covers authorities for penalties, detention, seizures, and Federal Trade Commission Act provisions)

Designate per 9 CFR 331.6 covering Title II of Act

The Secretary of Agriculture shall, at least annually, review requirements, including enforcement thereof, with respect to:

Slaughter, preparation, storage, handling and distribution and inspection of such operations.

A State Application to initiate an "equal to" program starts with:

A Request to Secretary of Agriculture, in writing, from the Governor

Before implementation, the State must receive FSIS approval of

Laws

Regulations

State Performance Plan which, under existing guidelines, addresses application of
 

Laws

Regulations

Funding

Resource management (staffing, training, financing)

Facilities and Equipment

Labels and Standards

In-Plant Review and Enforcement

Specialty programs such as residue testing

Laboratories

When approved, an announcement is published as a final rule in the Federal Register.

Removes State from list of designated states in 9 CFR 331.2 and 331.6

Gives effective date

FSIS Annual certification of each State program is based upon:

Review of State Performance Plan and related reports

Review of the State’s own Annual Report of accomplishments, including a self assessment

Results of Special or Comprehensive USDA reviews that are performed normally on a cycle of every 1 to 5 years, depending upon review findings

Input that might have been derived from other sources

Comprehensive Reviews currently include:

Review of State Performance Plan

In-Plant Review directed to state-wide inspection system assessment including:

HACCP plan and implementation

Sanitation Standard Operating Procedures and implementation

State Salmonella Testing Program findings,

Plant E. coli testing program

Labeling

Inspection procedures

Compliance Program Review

Laboratory Review

Resource Management Review

Budget and Finance Review

Civil Rights Review

Cross utilization of State inspection personnel under Authority of the Talmadge-Aiken (T/A) Act of 1962

To avoid duplication of functions, facilities and personnel and to attain closer coordination and greater effectiveness and economy of administration of Federal and State laws

At the discretion of the Secretary, a State agency with adequate laws, facilities, personnel and procedures may assist the Secretary in administration and enforcement of Federal laws

9 of the 27 States with inspection programs have cooperative T/A agreements with USDA, covering a total of 307 Federally inspected plants, and utilizing at least 10 State program staff years per State. The State inspectors are supervised by the State with FSIS guidance

3 additional State programs perform Federal inspection utilizing less than 10 State program staff years per state. The State inspectors work under the direction of Federal supervisors.

Cross utilization of State personnel to review custom exempt plants

Inspection is not required for custom operators who slaughter or process meat and poultry for the owner of the product and return the product to the owner. Such product is for the owner’s use and cannot be sold. The facility is required to be maintained and operated in a sanitary manner and to mark the product "Not for Sale" under the FMIA or "Exempted - P.L. 90-492" under the poultry regulations

Custom exempt plants are reviewed annually, or more often, depending upon the findings
 

In states with meat inspection programs, the State program reviews custom exempt plants

In states without meat inspection programs, FSIS reviews custom exempt plants

In 3 states without meat inspection programs, cooperative agreements are in place for State personnel to perform the reviews with annual FSIS evaluation of the process

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Last Modified: 01/14/2004