CANCELLATION
FSIS Directive 5500.4, Products Intentionally Adulterated with Threat Agents, 12/20/06.

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, and on a case-by-case basis. FSIS will work in conjunction with the Environmental Protection Agency on appropriate disposal and decontamination protocols at the affected establishment.

INVESTIGATION

1. 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, Significant Incident Response.

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

3. The EMC Incident Commander (IC) is to contact the appropriate field office (i.e., District Office or Office of Investigation, Enforcement and Audit (OIEA)).

4. The appropriate field office is to contact either the Inspector-in-Charge, investigator, or other program employee, as appropriate, and provide any specific instructions related to the situation. (If applicable, other agencies (e.g., OIG, FBI, DHS) may need to be notified.)

5. All activities are to be conducted in a way that ensures the safety of FSIS employees.

CONTROL OF PRODUCT INTENTIONALLY ADULTERATED WITH THREAT AGENTS

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

   1. Verify that the establishment appropriately identifies, promptly segregates, and controls the intentionally adulterated product to prevent further product adulteration;
   2. 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
   3. Take a control action (i.e., apply “U.S. Retain” tag) with respect to the intentionally adulterated product if the establishment fails to properly identify or control the product. IPP are to immediately contact the District Office through supervisory channels if they are concerned that product has left the establishment.

2. At non-official establishments, as appropriate, the OIEA investigator(s) are to:

   1. Determine whether the facility appropriately identifies and controls the intentionally adulterated product to prevent further adulteration;
   2. 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
   3. Detain the intentionally adulterated product if the facility fails to properly identify or control the product as set out in FSIS Directive 8410.1, Detention and Seizure.

DISPOSAL OF PRODUCT INTENTIONALLY ADULTERATED WITH THREAT AGENTS

1. Upon notification by the IC through supervisory channels, FSIS personnel (i.e., IPP or OIEA investigators) are to notify the establishment or facility when there can be disposal of the product.

2. FSIS personnel are to verify that the disposal is successful (as determined by the lead investigative agency of the incident) 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, FSIS 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 FSIS 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. FSIS personnel will receive instructions from the IC through supervisory channels if the establishment or facility needs to decontaminate the affected areas.

6. Normal operating procedures may begin at the establishment or facility after FSIS personnel verify that the establishment or facility can meet the appropriate sanitation regulatory requirements.

QUESTIONS
Refer questions through supervisory channels.