I. PURPOSE

This directive addresses instances in which the Emergency Management Committee (EMC) is activated to oversee situations involving product that has been intentionally adulterated with threat agents, such as biological, chemical, or radiological materials. This directive also provides Food Safety and Inspection Service (FSIS) personnel with the verification activities that they will perform during the incident investigation.

II. [RESERVED]

III. [RESERVED]

IV. REFERENCES

Guidelines for the Disposal of Intentionally Adulterated Food Products and the Decontamination of Food Processing Facilities FSIS Directive 5500.2, Non-Routine Incident Response FSIS Directive 8410.1, Revision 2, Detention and Seizure

V. BACKGROUND

There are a large number of variables associated with any intentional adulteration incident that includes a threat agent. Because of the different types of threat agents and their concentration, effective disposal and decontamination response actions may be developed by industry, with government assistance, on a case-by-case basis.

FSIS has developed, in conjunction with the Food and Drug Administration and the Environmental Protection Agency, a set of guidelines that outlines the activities of the various agencies and provides useful guidance information on disposal and decontamination in the event of an intentional adulteration incident with threat agents. The document is titled “Guidelines for the Disposal of Intentionally Adulterated Food Products and the Decontamination of Food Processing Facilities” and is available on the FSIS home page at :

http://www.fsis.usda.gov/Food_Defense_&_Emergency_Response/Security_Guidelines/ index.asp

VI. INVESTIGATION

A. Whenever program employees become aware of a situation involving product that has been intentionally adulterated with threat agents (biological, chemical, or radiological materials), they are to report the incident as set out in FSIS Directive 5500.2, Non-Routine Incident Response.

B. The EMC will be convened, as set out in FSIS Directive 5500.2.

C. The EMC Incident Commander (IC) will contact the appropriate field office (i.e., District Office, Regional Import Field Office, and the Office of Program Evaluation, Enforcement and Review (OPEER) Regional Office).

D. The appropriate field office will contact either the Inspector-in-Charge, investigator, or Import Surveillance Liaison Officer (ISLO), or other program employee, as appropriate, and provide any specific instructions related to the situation.

E. All activities should be conducted in a way that ensures the safety of FSIS employees.

VII. FSIS PERSONNEL RESPONSIBILITIES

A. Control of Product Intentionally Adulterated with Threat Agents

1. At official establishments, inspection program personnel are to:

• a. verify that the establishment appropriately identifies, promptly segregates, and controls the intentionally adulterated product to prevent further product adulteration;
• b. verify that the product is not disposed of until they have been notified by the IC through supervisory channels that the investigation is complete; and
• c. take a control action (i.e., apply “U.S. Retain” tag) of the intentionally adulterated product if the establishment fails to properly identify or control the product.

2. At non-official establishments, as appropriate, the OPEER investigators or ISLOs are to:

• a. determine whether the facility appropriately identifies and controls the intentionally adulterated product to prevent further adulteration;
• b. check that the product is not disposed of until they have been notified by the IC through supervisory channels that the investigation is complete; and
• c. detain the intentionally adulterated product if the facility fails to properly identify or control the product as set out in FSIS Directive 8410.1, Revision 2, Detention and Seizure.

B. Disposal of Product Intentionally Adulterated with Threat Agents

1. Upon notification by the IC through supervisory channels, FSIS program personnel are to notify the establishment or facility when there can be disposal of the product.
2. FSIS program personnel are to verify that the disposal is successful, and that no intentionally adulterated product enters the food supply.
3. If an establishment or facility transports the intentionally adulterated product off-site for disposal, program personnel are to verify that the establishment or facility has procedures to maintain control of the product in transit and has documentation that there has been proper disposal of the product.
4. After program personnel verify that the establishment or facility has properly disposed of the intentionally adulterated product, they are to notify the IC through supervisory channels.
5. Program personnel will receive instructions from the IC through supervisory channels if the establishment or facility needs to decontaminate the affected areas.

Normal operating procedures may begin at the establishment or facility after program personnel verify that the establishment or facility can meet the appropriate sanitation regulatory requirements. Direct questions regarding this directive to the Technical Service Center at 1-800-233-3935.