Dr. Mindy Brashears Guest on Secretary Perdue’s Podcast

This week’s episode of USDA Secretary Sonny Perdue’s podcast, The Sonnyside of the Farm, features Under Secretary for Food Safety Mindy Brashears speaking with Secretary Perdue and FDA’s Frank Yiannas about the safety of America’s food amidst the coronavirus pandemic. Dr. Brashears touches on how there have been no closures of FSIS-regulated establishments due to a lack of FSIS inspection personnel. Dr. Brashears and Mr. Yiannas also discuss how they work in harmony during the pandemic to ensure that Americans continue to have access to a safe and abundant food supply. Dr. Brashears applauds the strength of the U.S. food supply chain. “Yes, we had a few days that were difficult, but what we learned is that our food supply chain is resilient,” said Dr. Brashears.

The full podcast is available at https://www.usda.gov/sonnyside.

FSIS Sponsored Study Published in Journal of Food Protection

The Journal of Food Protection recently published “An Observational Study of Thermometer Use by Consumers When Preparing Ground Turkey Patties” in their July 2020 issue. The 2018 observational study, conducted in conjunction with RTI International and North Carolina State University, investigated the use of food thermometers by consumers when preparing a meal that included ground turkey patties.

“As a food scientist, it’s important that we publish these results in peer-reviewed journals and that other scientists have access to the methodology and results,” said USDA’s Under Secretary for Food Safety Dr. Mindy Brashears. “This is in direct alignment with my goal to lead food safety using science, and we are ensuring that our safe food handling and cooking recommendations are grounded in science and are designed to help prevent foodborne illness.”

FSIS is committed to being science based and data-driven. Having a peer-reviewed study to help inform our safe food handling and cooking recommendations is a touchstone for FSIS. To see more FSIS research and scientific publications, visit our webpages on consumer research and scientific literature.

Establishment-Specific Datasets Now Available

FSIS has posted the quarterly updates to the establishment-specific datasets on the FSIS website. The following updates are available:

• Egg Product Sampling Data
• Intensified Verification Testing Data
• Raw Beef Components Sampling Data
• Raw Beef Follow-up Sampling Data
• Raw Beef Trim Sampling Data
• Raw Ground Beef Sampling Data
• Raw Chicken Carcasses Sampling Data
• Raw Chicken Parts Sampling Data
• Raw Comminuted Chicken Sampling Data
• Raw Comminuted Turkey Sampling Data
• Raw Turkey Carcasses Sampling Data
• Raw Poultry Follow-up Sampling Data
• Ready-to-Eat (RTE) Meat and Poultry Sampling Data
• Risk-based Listeria monocytogenes Sampling Data
• Siluriformes Product Sampling Data

Data contained in the laboratory sampling results datasets on tested product from establishments are not sufficient to determine an association to human illnesses. Further epidemiologic information is needed to determine if there is an association between the non-clinical isolates and human illnesses.

Additional details can be found at https://www.fsis.usda.gov/inspection/compliance-guidance/labeling.

FSIS Extends Deadline for Temporary Allowances for Labels Going to Retail

FSIS recognizes the ongoing challenges industry and retailers are facing with the labeling and redirection of products for distribution for retail sale. As a follow up to FSIS’ May 1, 2020 Constituent Update announcement, FSIS is extending its enforcement discretion an additional 60 days until September 26, 2020. FSIS is clarifying that the enforcement discretion the agency is exercising for certain labeling described below is temporary for an additional period of 60 days and will not require establishments to submit labels for temporary approval. Establishments will only need to submit labels for temporary approval if there are other deficiencies that FSIS will need to consider on a case-by-case basis (e.g., formulation changes that affect claims or export labels now intended to be used domestically). Temporary approval will be granted provided the label meets the conditions for temporary approval in 9 CFR 412.1(f). Establishments must make sure they are making the necessary changes to bring their labels into compliance after the expiration of the temporary allowances on September 27, 2020.  FSIS will provide additional information on labeling issues in the future, if necessary.

Labeling at a Federal Establishment

Product produced at a federal establishment typically intended for distribution to hotels, restaurants, or similar institutions (HRI) will have modified labels applied by the federal establishment so that the products can now be sold at retail. The label would be mandated to bear all required features. FSIS will not object to the use of labels without nutrition labeling, even if the establishment does not meet an exemption under 9 CFR 317.400 and 381.500, provided the labels do not bear any nutrition claims. The absence of nutrition labeling would normally require an establishment to submit for temporary approval under 9 CFR 412.1(f)(1). However, if the only deficiency is the absence of nutrition labeling, FSIS will not require establishments to submit for temporary approval for an additional 60 days until September 26, 2020. If the proposed label has other deficiencies from FSIS labeling requirements (e.g., formulation changes not reflected in the ingredients statement), establishments will need to submit the label for temporary approval for an evaluation on a case by case basis.

Labeling at Retail for Bulk Product Already in Commerce

Bulk product, even if labeled for HRI (e.g. child nutrition labeled product or product labeled for a specific restaurant or institution), may be distributed to retail where the retailer will repackage the product into smaller consumer size packages and apply a label. The label applied to the repackaged product will need to bear all required features except for the USDA mark of inspection. The only deviation from current requirements under 9 CFR 317.8 and 381.129 is the bulk product may be distributed in a manner that is inconsistent with a statement of limited use on the outer box. For example, a box labeled “for school foodservice use only” can now be distributed to a retail outlet for repackaging and labeling. FSIS will not object to products being distributed in a manner that is inconsistent with the statement of limited use under 9 CFR 317.8 and 381.129 for an additional 60 days until September 26, 2020.

Labeling at Retail for Product in Unlabeled Protective Coverings Already in Commerce 

A fully labeled container with meat or poultry products in unlabeled protective coverings may be distributed to a retailer for labeling, which is not currently allowed under 9 CFR 317.1 and 381.115. The container may have a statement of limited use that would normally indicate that the product is for HRI only (see example above). FSIS will not object to the container being distributed to retail and the retailer applying a label to the protective covering so that the product may be sold at retail on a temporary basis (see date below). The label applied by the retailer may be an insert label supplied by the federal establishment that produced the product or it could be a label that the retailer printed. The insert label provided by the establishment or, alternatively, the label printed at retail, should duplicate the label on the incoming container. The labels applied by the retailer are expected to bear all required features with the exception of the USDA mark of inspection. Labels printed at retail cannot bear the USDA mark of inspection. FSIS will also not require nutrition labeling for such product even if an exemption from nutrition labeling does not apply. FSIS will permit retailers to label products in protective coverings in this manner for an additional 60 days until September 26, 2020. 

FSIS to Post Updated Dataset on Import Refusals

On July 15, 2020, FSIS will update the publicly posted dataset on import refusals for products that the agency regulates. Federal law requires every commercial shipment of imported meat, poultry, and egg products to be re-inspected prior to product entering U.S. commerce. FSIS re-inspects each shipment to verify labeling, proper certification, general condition, and any signs of tampering and to identify product adulterated by transportation damage. FSIS also performs additional activities on a random and/or for-cause basis, such as physical product examination and laboratory sampling for pathogens and chemical residues.

Any product that does not meet FSIS requirements is refused entry, and the importer has up to 45 days (30 days for egg products) to have the product destroyed for use as human food, re-exported/returned to the foreign country, converted to animal food, or brought into compliance with FSIS requirements, if applicable (e.g., relabeled, remarked, or issued a replacement certificate).

This dataset is updated around the 15th of each month and contains each shipment with product that was refused entry. To access these datasets or view more information about them, please visit the FSIS Datasets webpage.

Policy Update

FSIS notices and directives on public health and regulatory issues are available at: https://www.fsis.usda.gov/policy. The following policy update was recently issued:

FSIS Notice 36-20 - Verification Of Establishment Processes For Collecting Livestock Blood For Human Food

Export Requirements Update

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

• Australia
• Mexico
• Chile 
• Belarus 
• Taiwan 
• North Macedonia, Republic of 
• Taiwan 

For a complete list of countries, visit https://www.fsis.usda.gov/inspection/import-export.