
Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA) is a Federal statute that allows any person the right to obtain Federal agency records unless the records (or a part of the records) are protected from disclosure by any of the nine exemptions contained in the law. On October 2, 1996, the Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) were signed into law. E-FOIA makes it possible for individuals to have electronic access to certain USDA information without having to make formal FOIA requests.
For instructions on submitting FOIA requests to other government agencies, please consult FOIA Points of Contact for Other USDA Agencies.
To Make a FOIA Request
Please find tips, contacts, and information below for FOIA requests.
FSIS only maintains records relating to its food safety mission.
We are required to send you an answer within 20 working days of receiving your request. Our response might include all the materials you requested, a portion of your request with a listing of reasons why we withheld information, or a denial of all information. If denied, we will inform you of your appeal rights.
- Before submitting FOIA requests, we encourage you to review our USDA FOIA Regulations | PDF.
- FSIS routinely posts records, so what you are looking for may be already publicly available. Please check the following:
- The FOIA does not require agencies to do research, answer written questions, or create agency records in order to respond to a request. Accordingly, please make sure your request is framed in a way to direct a search for specific agency records.
- Please ensure any follow-up communication regarding your request includes the assigned internal tracking number. Doing so will help us to quickly retrieve the details of your requests.
- If you cannot determine which USDA FOIA component is responsible for the records you want, address your FOIA request to our Freedom of Information Act Coordinator:
- Telephone: (202) 720-2109
- Fax: (202) 690-3023
- E-mail: fsis.foia@usda.gov
Please be advised that our FOIA components are continuing to process requests to the best of their ability during the COVID-19 pandemic. However, during USDA’s maximized telework operating status, FOIA professionals will not have daily access to delivered mail and facsimile transmissions. Therefore, we strongly encourage you to submit your requests electronically.
- Submit Online via USDA’s Public Access Link (PAL)
You can access the USDA PAL web portal (USDA Public Access Link (PAL) that allows you to create, submit, and track the status of your FOIA request(s). You can also use PAL to download your responsive records. Prior to use, you must register and create a username and password. - Submit Online via FOIA.GOV (Department of Justice National FOIA Portal)
FOIA requests can also be submitted via the Department of Justice National FOIA Portal (FOIA.GOV). From the FOIA.GOV main screen, click “Create a Request” to get started. You can search for a specific USDA component, or search for “Department of Agriculture” to see a list of all USDA FOIA components. -
Submit via Email to FSIS.FOIA@usda.gov. Do not e-mail personal information to the FOIA Office. Please send via postal service or other commercial delivery to:
Freedom of Information Act Officer
USDA, Food Safety and Inspection Service
Room 1175 South Building
1400 Independence Ave., SW
Washington, DC 20250By fax to: (202) 690-3023
If you are seeking to amend or modify records under the Privacy Act, contact the Privacy Office at SM.OCIO.CIO.UsdaPrivacy@usda.gov for additional guidance.
FEE CATEGORIES
When making your request, you should specify the fee category in which you feel your request falls and the amount you are willing to pay. The FOIA divides requestors into four categories:
- Commercial use requesters, may be charged fees for searching for documents, reviewing the documents, and duplication.
- Educational or noncommercial scientific institutions may be charged only for duplication, minus the first 100 pages.
- Representatives of the news media may be charged only for duplication, minus the first 100 pages.
- All other requesters may be charged fees for searching for documents and duplication minus the first 2 hours of search time and the first 100 pages.
If you do not specify the amount that you are willing to pay, FSIS will assume by your making the request, that you are willing to pay up to $25.00. If FSIS anticipates that fees associated with processing your request will exceed $25.00, you will be notified. In cases where no documents are located, the Agency is entitled to charge the requester for any applicable search time involved.
FEE STRUCTURES
The FOIA provides for the collection of fees for:
- Searches: Time spent in looking for and retrieving material, either paper or electronic files, that may be responsive to the request, including personnel hours (clerical, professional or managerial).
- Reviews: Time spent to determine if the record is releasable under legal guidelines, excluding the resolution of legal or policy issues. This includes blacking out or redaction of text.
- Reproduction: Generating a copy of a requested record in the appropriate medium, for example paper or computer disk.
FOIA Fees are assessed based on the requester’s category. Agencies are required to place requesters in one of the following categories:
CategorySearch CostReview CostReproduction Cost
Educational & Scientific News MediaNoneNoneFirst 100 pages are free. $.20 per page after that.
Commercial
Salary rate of the employee plus 16% of the employee’s basic pay; or
Clerical: $10.00 per hr.
Professional: $20.00 per hr.
Salary rate of the employee plus 16% of the employee’s basic pay; or
Clerical: $10.00 per hr.
Professional: $20.00 per hr.
$.20 per pageAll Others
Salary rate of the employee plus 16% of the employee’s basic pay; or
Clerical: $10.00 per hr.
Professional: $20.00 per hr.
NoneFirst 100 pages are free. $.20 per page after that.
The costs associated with searching for and reviewing records responsive to a request are: the salary rate of the employee conducting the search and/or review, plus 16 percent of the employee’s basic pay; or where a homogeneous class of personnel is used exclusively, $10.00 per hour for clerical time and $20.00 per hour for supervisory or professional time. Duplication of pages 8 ½" x 14" or smaller is $0.20 per page. Duplication of pages larger than 8 ½" x 14" is $0.50 per page.
FEE WAIVERS
Fee waivers may be granted when disclosure of the documents is in the public interest and is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. When mailing a request for a fee waiver, consider the following:
- Does the document concern the operations or activities of the government?
- Is disclosure likely to contribute to the public understanding of these operations and activities? and
- Will that contribution be significant?
Requests for fee waivers must be fully documented and justified by written explanation.
To Contact Us or Provide Feedback
Sarah Scharf
FOIA Public Liaison
202-329-2174
Email: sarah.scharf@usda.gov
FSIS Freedom of Information Act Office
Room 1175-South Building
14th and Independence Avenue, SW
Washington, DC 20250-3700
Phone: (202) 720-2109
Fax: (202) 690-3023
E-mail: fsis.foia@usda.gov
The FSIS Freedom of Information Act office is dedicated to processing FOIA requests in an efficient and effective manner. Please e-mail us at fsis.foia@usda.gov to provide feedback on your experience as well as suggestions for improvements.