Cancellation of FSIS Notice 34-21 FSIS Actions At Establishments That Do Not Follow Mask Requirements
FSIS Notice
09-22
Issue Date
Mar 01, 2022
Expiration Date
Mar 01, 2023
Full Notice
- PURPOSE
This FSIS Notice rescinds FSIS Notice 34-21, FSIS Actions at Establishments That Do Not Follow Mask Requirements, dated 8/20/21, because the notice was based on prior Centers for Disease Control and Prevention (CDC) guidance, and the CDC issued new guidance (CDC New Guidance) on 2/25/22. - BACKGROUND
In the context of recent declining rates of COVID-19 infection and hospitalizations across the U.S., the CDC New Guidance, dated 2/25/22, provides a new Community Level Framework for measuring the level of COVID-19 infection in communities. The framework expands beyond cases and test positivity rates to include hospitalizations and hospital capacity as metrics to determine whether the level of COVID-19 and severe disease are low, medium, or high in a community. The framework directs efforts toward protecting people at high risk for severe illness and preventing COVID-19 from overwhelming U.S. hospitals and healthcare systems. The updated guidance recommends wearing a well-fitting mask indoors, regardless of vaccination status, only in areas experiencing a high level of COVID-19 and severe disease. - NEW RESPONSIBILITIES
- As of the issuance of this notice, inspection program personnel (IPP) are to be aware that official establishments are no longer subject to suspension or withdrawal of inspection services for failure to require employees to wear masks when IPP are present in the facility.
- IPP are also to be aware that FSIS continues to recommend that official meat and poultry establishments, egg products plants, and all other facilities where FSIS provides inspection services, such as voluntary inspection service, should follow CDC guidance on the use of masks to reduce the risk of infection with COVID-19.
- In cases where establishments, businesses, and voluntary facilities require additional Personal Protective Equipment (PPE), FSIS personnel are to continue to follow those requirements.
- Mask requirements for FSIS employees remain unchanged at this time and are set out in the USDA workplace safety plan. The Agency will issue new guidance about FSIS employee mask requirements if the Departmental workplace safety plan changes.
- AWARENESS MEETING
Upon publication of this notice, IPP are to schedule a meeting with establishment management to inform them of this change and document the discussion in a Memorandum of Interview (MOI) as described in FSIS Directive 5010.1, Food Safety Related Topics for Discussion During Weekly Meetings with Establishment Management. In the awareness meeting, the Inspector-In-Charge is to tell establishment management that:- Official establishments are no longer subject to suspension or withdrawal of inspection services for failure to require employees to wear masks when IPP are present in the facility; and
- FSIS continues to recommend that official meat and poultry establishments, egg products plants, and all other facilities where FSIS provides inspection services, such as voluntary inspection service, should follow CDC guidance on the use of masks to reduce the risk of infection with COVID-19.
Refer questions through supervisory channels.