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Cross Agency Programs Between FSIS and the Agricultural Marketing Service - Revision 2

FSIS directive 7010.1
Series Type 7000 Series: Processed Products
Issue Date Sep 21, 2023
Full Directive
7010.1.pdf
  1. PURPOSE
    1. This directive provides instructions to Office of Field Operations (OFO) frontline supervisors (FLSs), district managers (DMs), and inspection program personnel (IPP) for procedures to be followed when AMS procures meat, poultry, and egg product commodities for Federal nutrition assistance programs, e.g., National School Lunch Program or Child and Adult Care Food Program. This directive also has been revised in its entirety to incorporate instructions for IPP in establishments with AMS graders or auditors, including information about cross-utilization of inspection and grading personnel and the current Memorandum of Understanding (MOU) between AMS and FSIS. This directive provides updated instructions from cancelled FSIS Directive 5110.2, Rev. 1, Cross-Utilization of Poultry Graders and Food Inspectors, 4/13/92 and FSIS Directive 5110.3, Cross-Utilization of Meat Graders and Food Inspectors, 4/13/92.
    2. This directive has also been revised to include information on AMS Export Verification (EV) programs, update contact information for both the Food and Nutrition Service (FNS) and AMS, and remove outdated policy that prohibited substitution of identical certified products for AMS procured commodities distributed to the FNS nutrition assistance programs.

    KEY POINTS:
    • Provides instructions for FSIS employees' responsibilities when AMS graders or auditors conduct FSIS inspection duties
    • Provides instructions for IPP related to AMS EV programs and Federal nutrition assistance programs
  2. CANCELLATION

    FSIS Directive 7010.1, Rev. 1, Processing USDA-Donated Commodities, 6/12/89
    FSIS Directive 5110.2, Rev. 1, Cross-Utilization of Poultry Graders and Food Inspectors, 4/13/92
    FSIS Directive 5110.3, Cross-Utilization of Meat Graders and Food Inspectors, 4/13/92
  3. BACKGROUND
    1. Under authority of the Agricultural Marketing Act of 1946, AMS administers programs that create domestic and international marketing opportunities for U.S. producers of food, fiber, and specialty crops. The AMS Livestock and Poultry Program (LPP) services meat, poultry, egg, fish, feedstuffs, and related industries.
    2. FSIS implements and enforces the Federal Meat Inspection Act, Poultry Products Inspection Act, Egg Products Inspection Act, and Humane Methods of Slaughter Act by inspecting and regulating meat, poultry, and processed egg products prepared for commerce and used as human food.
    3. Because AMS and FSIS interact closely on issues related to the marketing, safety, and wholesomeness of livestock, poultry, and egg products, the two agencies have entered multiple MOUs over the years.
    4. In 2020 AMS and FSIS entered an updated MOU (MOU Between FSIS and AMS (12-25-MU-509)) that consolidated several existing MOUs between the agencies, including those for:
      1. Cross-utilization of inspection and grading personnel;
      2. Authorization of AMS officials to detain product for wholesomeness or sanitary concerns;
      3. Defining roles and responsibilities for EV programs; and
      4. Sharing microbiological testing data from establishments approved to supply meat, poultry, and egg products to Federal nutrition assistance programs.

      NOTE: There is a separate Agreement for Receiving AMS Shell Egg Data to ensure effective coordination regarding shell egg ambient storage temperatures and refrigeration labeling violations of shell eggs packed for the ultimate consumer. Related instructions for Office of Investigation, Enforcement and Audit, Compliance and Investigations Division Investigators can be found in FSIS Directive 8010.1, Methodology for Conducting In-Commerce Surveillance Activities.
    5. AMS tests various meat, poultry, and egg products procured for Federal nutrition assistance programs for both indicator and pathogenic microorganisms. AMS makes the test results available through the Microbiological Testing of AMS Purchased Meat, Poultry and Egg Commodities webpage.
    6. FSIS is consolidating instructions to FSIS employees through this directive to mirror the MOU.
  4. CROSS-UTILIZATION OF FSIS INSPECTION PERSONNEL AND AMS GRADING PERSONNEL
    1. FSIS OFO and the AMS LPP Quality Assessment Division (QAD) provide inspection and grading services, respectively, in the most efficient and cost-effective way possible.
    2. FSIS and AMS cooperatively:
      1. Determine locations where cross-utilization would result in efficient utilization of personnel;
      2. Assure that cross-utilized employees meet the job qualifications and are properly trained for each specific assignment; and
      3. Maintain lists of employees who have completed the respective AMS QAD or FSIS OFO cross-training.
    3. FSIS DMs and FLSs are to consider efficient and effective use of IPP in official establishments as directed by 9 CFR 307.4, 9 CFR 381.37, and 9 CFR 590.124 and cross-utilize employees when appropriate.
    4. Designated FSIS OFO personnel are to contact AMS QAD through the Standards and Specifications Division contact information found below in Section VIII. Contacting AMS and FNS for communication about cross-utilization of employees.
  5. AUTHORIZATION OF AMS OFFICIALS TO DETAIN PRODUCT FOR WHOLESOMENESS OR SANITARY CONCERNS
    AMS LPP QAD personnel may retain or reject unwholesome products or insanitary facilities in the absence of FSIS IPP. AMS LPP QAD Regional Directors or their designees notify the DM when this occurs. DMs or their designees are to inform IPP that in establishments with operations or departments where AMS activities are being performed, IPP are to:
    1. Notify their supervisor when AMS requests appropriate inspection procedures related to retaining unwholesome product or suspending unsanitary operations;
    2. Provide AMS an adequate supply of US Retain/Reject tags upon request; and
    3. Make all final determinations regarding product wholesomeness and equipment and facility sanitation. IPP are to apply the methodology described in FSIS Directive 5000.1, Verifying an Establishment's Food Safety System to determine compliance with the applicable sanitation regulations and product wholesomeness.
  6. DEFINING ROLES AND RESPONSIBILITIES FOR EXPORT VERIFICATION (EV) PROGRAMS
    IPP are to apply the instructions in FSIS Directive 9000.1, Export Certification and FSIS Directive 9000.9, Inspection of Closed-Face Sandwiches for Export to Canada when performing verification activities for EV programs.
  7. SHARING MICROBIOLOGICAL TESTING DATA GATHERED FROM AMS-APPROVED SUPPLIERS
    1. FSIS OFO personnel, including the District Office and IPP, are to be aware that:
      1. The FSIS Biological Information Transfer E-mail System (BITES) automatically generates e-mail notifications; and
      2. These notifications provide AMS with FSIS Eastern Laboratory results of all further characterizations of pathogens in samples received from AMS.

      NOTE: AMS provides FSIS OFO Leadership with a list of employees that receive BITES notifications.
    2. FSIS OFO headquarters designees are to:
      1. Provide AMS a list of FSIS employees at least annually, with e-mail contact information, whom AMS notifies of presumptive and positive pathogen sample results from AMS testing;
      2. Include AMS in weekly epidemiologic conference calls discussing active and emerging outbreaks;
      3. Invite AMS to participate in recall committee meetings and related discussions, per FSIS Directive 8080.1 , Recall of Meat and Poultry Products, pertaining to products originating at FSIS inspected establishments and produced for federal nutrition assistance programs; and
      4. Provide AMS microbiological testing data and any related information from AMS approved vendors upon request.
  8. CONTACTING AMS AND FNS
    FSIS headquarters designees for communication with other USDA agencies are to contact AMS and FNS through the following contacts:
    1. AMS, Agriculture Marketing Service, Livestock and Poultry Program, Standards and Specifications Division ; and
    2. FNS Food Safety Branch is to be contacted for any food safety issues related to FNS Programs and can be reached by e-mail at SM.FN.FoodSafety@usda.gov.
  9. QUESTIONS
    Refer questions regarding this directive to your supervisor or as needed to the Office of Policy and Program Development through askFSIS or by telephone at 1-800-233-3935. When submitting a question, complete the web form and select General Inspection Policy as applicable for the Inquiry Type.

    NOTE: Refer to FSIS Directive 5620.1, Using askFSIS, for additional information on submitting questions.