FSIS Releases Boar's Head Listeria Outbreak Review Report

Today, USDA’s Food Safety and Inspection Service (FSIS) released a report summarizing its review of the Listeria monocytogenes outbreak linked to Boar's Head Provisions Co., Inc. The report also details steps the agency intends to take in response to its findings, including some that are already underway and others that will require significant policy and scientific review.

For this review, FSIS examined an extensive body of agency and company documents and data and conducted in-person assessments of all FSIS-regulated facilities operated by Boar’s Head in the U.S. This and other recent illness outbreaks caused by Listeria monocytogenes also pointed to a need for the agency to examine and enhance all aspects of its approach to this microorganism. FSIS undertook a broad and deep dive into its own processes and procedures, including its inspection and sampling at ready-to-eat (RTE) facilities and oversight of Talmadge-Aiken cooperative agreements with states.

Together this work informed several key areas for improvement including those related to sampling, inspector training, oversight over Talmadge-Aiken federal plants staffed by state inspectors, and the future of the agency’s Listeria regulatory policy. Many of the immediate steps FSIS is taking to protect the public from Listeria monocytogenes were announced on December 17, 2024. The report includes more detail on these steps, as well as long-term actions FSIS is considering taking to address the findings from its review that are collectively aimed to prevent outbreaks like the one involving Boar’s Head. Of note, the findings and recommendations included in the resulting report do not prejudge any ongoing investigations by USDA or any other entity.

Protecting the public from Listeria monocytogenes and mitigating this public health challenge remains a top priority for FSIS. While FSIS has already begun implementing changes that could be initiated quickly, the agency will continue working toward its long-term vision to modernize its regulatory approach to Listeria monocytogenes, which will require time, expertise and resources. As mentioned in the FY 2025 President’s Budget, additional resources are necessary for FSIS to continue to meet its fundamental mission to keep meat, poultry and egg products safe and wholesome and properly respond to public health challenges.

More detailed information can be found in the agency’s Review of the Boar’s Head Listeria Monocytogenes Outbreak.

FSIS Releases Reports on Swine and Poultry Line Speed Studies

The Food Safety and Inspection Service has received completed reports by third-party worker safety experts on the swine and poultry evisceration line speed studies and is releasing those reports today. In July 2022, FSIS announced that it was contracting with a team of third-party worker safety experts to conduct a study to measure the impact of increased poultry line speeds on worker safety. Subsequently, the agency expanded the contract to include a study on increased swine line speeds.

These experts collected data in 11 poultry establishments participating under line speed waivers and evaluated other data submitted monthly from all participating establishments; and then, for swine, conducted a separate study in six facilities.

With the publication of these reports, FSIS also is extending the current swine and poultry line speed waivers for companies that participated in these studies through May 15, 2025. The relevant establishments are required to continue to submit food safety and worker safety data to FSIS, as they have been throughout these trials.

While line speeds were not determined to be the leading factor in worker musculoskeletal disorder (MSD) risk at these plants, the reports offer important insights into how line speeds and other factors may work together to contribute to employees’ overall risk. FSIS encourages all facilities to review these reports and their individual worker safety plans, regardless of their current operating line speed, to determine how they can protect their employees’ well-being and health.

In the meantime, the extension will allow incoming USDA leadership time to review these reports and consider relevant next steps, which may involve rulemaking, to act on the reports’ comprehensive findings. The poultry line speed waivers and the swine line speed time-limited trial (TLT) were scheduled to expire on January 15, 2025.

For the studies, a team of third-party worker safety experts recorded and analyzed footage of poultry and swine plant workers, conducted interviews with workers, and measured muscle activity, posture, repetition among other activities. The study team compared the risk of upper extremity pain and musculoskeletal injury for workers at facilities when operating at higher speeds versus at lower speeds.

While there are differences in the poultry and swine studies, both found that workers across all participating establishments generally reported high levels of upper extremity pain – a reflection of the physically demanding nature of meat and poultry processing work. The reports recommended steps establishments operating across line speed rates can take to reduce the risk of injury by mitigating the impact of the repetitive work, most notably by increasing staffing, which lowers the piece rate, which is a measure of work pace that accounts for job-specific line speed and staffing levels, per worker. Other strategies can include effective ergonomics plans, knife sharpening programs, and effective medical management.

Specifically, the reports recommended that meat and poultry companies should consider developing an industry-wide set of best practices that reflect input from collaboration between both workers and companies that include the following:

• Improve medical management programs that assesses ongoing pain as a metric of exposure to ergonomic risk;
• Promote an employee safety culture that encourages reporting of pain and discourages retaliation or consequences for reporting, medical management programs;
• Apply best practices to knife and scissor sharpening, maintenance and replacement, provision of new knives at shift start, routine replacement of knives multiple times during shifts, etc.;
• Fully implement industry specific best practice guidelines that have been previously published by OSHA.

FSIS Posts FY 2025 Annual Plan

FSIS has posted to its website the fiscal year 2025 Annual Plan. The annual plan details activities FSIS will work toward in advancing its strategic goals, which include preventing foodborne illness and protecting public health; transforming inspection systems, policies, and scientific approaches to improve public health; and achieving operational excellence.

You can view the strategic and annual plans on the FSIS website.

2025 Rates for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees

On December 30, 2024, FSIS published a Federal Register notice announcing the 2025 fees it will charge meat, poultry, and egg products establishments, importers, and exporters for providing voluntary, overtime, and holiday inspection, identification, certification, and laboratory services. Additionally, FSIS announced a change to the fee FSIS assesses to exporters that choose to apply for export certificates electronically through the export component of the agency's Public Health Information System. The rate changes will be applied on January 12, 2025.

The following table lists the 2025 rates per hour, per employee, by type of service.

Service	2025 rate (estimates rounded to reflect billable quarter hour)
Basetime	$73.04
Overtime	$89.68
Holiday	$106.32
Laboratory	$105.68
Export Application	$4.83 *
* Per application.

Reminder: Instructions to Submit Online Comments on the Proposed Salmonella Framework for Raw Poultry Products 

As announced on July 29, 2024, FSIS issued a comprehensive proposed rule and determination to more effectively reduce Salmonella contamination and illnesses associated with raw poultry products. On October 11, 2024, FSIS announced that the comment period for the proposed rule and determination extended until January 17, 2025.

FSIS invites interested persons to submit comments on this document and wants to ensure that individuals have the detailed instructions necessary to submit a comment online. Commenters have multiple channels to submit their comments, including online through the Federal eRulemaking Portal, by mail, or Hand- or courier-delivered submittals.

To submit an online comment through the Federal eRulemaking Portal, follow these instructions:

• Go to the Federal eRulemaking Portal at https://www.regulations.gov, for access to the rulemaking docket.
• Click on the search bar, type in the phrase, “Salmonella Framework for Raw Poultry Products,” and then click “Search.”
• Click on the proposed rule titled, “Salmonella Framework for Raw Poultry Products.”
• Click the “Comment” button found on the left side of this page.
• On the “Write a Comment” webpage, a list of tips for submitting comments can be reached by clicking on the “Commenter's Checklist” link.
• Commenters are not required to submit their email address along with their comment and can submit comments anonymously if preferred.
• If an email is provided, commenters can opt to receive email confirmation of submission and a tracking number. However, if you choose to identify as anonymous, the option to receive an email confirmation will not be displayed.
• Commenters may also choose from three options in order to identify themselves as:
  • an individual, meaning yourself or another person whom you represent with their consent;
  • an organization, such as a company, organization, or government agency; or
  • anonymous, to mean a person who does not want their name associated with the comment.
• Lastly, ensure that the CAPTCHA test below the identity selection section has been completed. Then, you may click “Submit Comment.”

It is important to note that commenters should not submit personally identifiable information through this form. Any personally identifiable information (e.g., name, address, phone number) included in the comment form or in an attachment may be publicly disclosed in a docket or on the internet.

If you require assistance submitting a comment, please email the Regulations.gov Help Desk at regulationshelpdesk@gsa.gov or call 1-866-498-2945.

Available for Public Comment

FSIS seeks public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage. FSIS is currently seeking comments on the following:

• Until January 17, 2025: Salmonella Framework for Raw Poultry Products
• Until March 5, 2025: Food Date Labeling

Policy Update

FSIS notices and directives on public health and regulatory issues are available on the FSIS Policy webpage. The following policy update was recently issued:

FSIS Directive 5000.1 - Verifying an Establishment's Food Safety System - Revision 8

Export Requirements Update

The Library of Export Requirements has been updated for products for the following:

• Mexico
• Taiwan
• Turkey
• Ukraine
• North Macedonia
• Kazakhstan
• Singapore
• Jordan
• Canada
• Japan
• New Zealand

Complete information can be found at the FSIS Import & Export Library.