Transcript Inspection of Meat, Poultry & Eggs by USDA

USDA Food Safety and
Inspection Service
Overview:
Laws and Regulations
Authority
• Constitution
–Legislative
–Executive
–Judicial
Legislative Branch:
U. S. Congress
• Laws
– Act
– “Rider” to an Act (SIS Cattle)
• Legislative History
• Committee Hearings
• Approval of Appointments
Laws Enforced by FSIS
• Federal Meat Inspection Act (FMIA)
21 U.S.C. §§601, et seq.
• Poultry Product Inspection Act (PPIA)
21 U.S.C. §§451, et seq.
• Egg Product Inspection Act (EPIA)
21 U.S.C. §§1031, et seq.
• Humane Slaughter Act of 1958
Other Food Laws
• Federal Food Drug and Cosmetic Act
(FFDCA) 21 U.S.C. §§301, et seq.
– FDA ensures human food /animal feeds are
safe
• Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)
– EPA establishes tolerances & recommends
action levels
• Toxic Substances Control Act (TSCA)
– EPA regulates other chemical substances
Laws Affecting Rulemaking
• Federal Register Act, 44 U.S.C. Chap. 15
– Required publication of rules in Federal
Register
• Administrative Procedures Act, 5 U.S.C.
§§551 et seq.
– Provided for public participation in
rulemaking
– Effective date > 30 days after publication
• Regulatory Flexibility Act
• Unfunded Mandates Reform Act
Congressional Hearings
• To obtain public input
– Hearings prior to passage of Humane
Slaughter Act of 1958
• Congressional Oversight
– Review of Department’s activities
Executive Branch
• Presidential Appointments
• Executive Orders/Presidential
Memorandum
• Department/Agency Rulemaking
• Opinions of the Attorney General
• Memorandum of Understanding
Presidential Appointments
• Department Heads
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Cabinet Secretaries (Dan Glickman)
Attorney General of the United States
Deputy Secretaries (Richard Rominger)
Under Secretaries (Catherine Woteki)
Administrators (FSIS: Tom Billy)
• Judicial
– Supreme Court Justices
– Judges to Appeals Court and District Courts
Regulation Definition
• E.O. 12866: “Regulation” or “rule”
means an agency statement of general
applicability and future effect, which the
agency intends to have the force and
effect of law, that is designed to
implement, interpret, or prescribe law or
policy or to describe the procedure or
practice requirements of an agency.
FSIS Rulemaking Authority
• Delegations of authority from Secretary
of Agriculture for administering the
FMIA, PPIA and EPIA are found in 7
Code of Federal Regulations §§ 2.18, 2.53
Regulatory Process
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Identify a need
Research and evaluate
Develop a rule (regulation)
Publish as a proposed rule: Federal
Register
Re-evaluate proposed rule & public
comments
Develop the final rule
Publish the final rule: Federal Register
Implementation of the final rule
HACCP Regulation
• Proposed : 2/3/95 FR Vol 60, 6774
• Final: 7/25/96 FR Vol 61, pg 38805-38989
• Implementation
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Sanitation SOP’s: January 27, 1997
Escherichia coli testing: January 27, 1997
HACCP large plants: January 26, 1998
HACCP smaller plants: January 25, 1999
HACCP <10 employees: January 25, 2000
Salmonella standards: simultaneous
w/HACCP
FSIS Regulations
• Title 9 Code of Federal Regulations
Chapter III Part 300 to End
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Mandatory Meat Inspec. §§301-335
Voluntary Insp/Certif. §§350-362
Mandatory Poultry Prod Insp. §381
FSIS Admin. Provisions §§390-391
Regulatory Requirements
FMIA/PPIA§§416-417
– Food Ingredients/Surces of Radiation §424
– Rules of Practice §500
– Egg Products Inspection §590
Agency Publications
• Meat and Poultry Inspection Manual
– “official publication of procedural guidelines
and instructions to aid FSIS employees in
enforcing laws and regulations...”
• FSIS Directives:
– “Provide continuing instructions to
employees for implementing Agency policy
and procedures.”
– FSIS Directive 5,000.1: Enforcement of
Regulatory Requirements in Establishments
Subject to the HACCP System Regulations.
FSIS Notices
• May do one or more of the following:
– Provide interim guidance to employees until
a more detailed directive can be issued.
– Give information of temporary importance.
– Remind offices of periodic actions.
– Call attention to existing procedures or
regulations
• Will have an expiration date not
exceeding 1 year from date originally
issued.
Memorandum of
Understanding
– Set forth working relationships among
agencies to promote and coordinate Federal
regulatory activity.
• FSIS 12-37-MU-330, 10/5/84 (between
FSIS, APHIS, FDA, and EPA)
– Drugs, pesticides and environmental
contaminants
• FSIS 12-37-MU-334 (FSIS & APHIS)
– Surveillance for Animal Diseases
Judicial Branch
• Interpret the law and constitutionality
• Interpret regulations and their
constitutionality/legality
Court Cases vis a vis FMIA
• Food Additives
– Chip Steak Co. v. Clifford Hardin, etc. (332
F.Supp. 1084 [N.D. Cal. 1971]. App’d., 467
F. 2d 481 [9th Cir. 1972])
• FMIA §601 (m) Adulteration:
– Texas Food Industry Ass’n v. Espy,
W.D.Tex.1994, 870 F.Supp. 143
• FMIA §620 Imports
– Ganadera Indus, S.A. v. Block, C.A.D.C.
1984, 727 F.2d 1156, 234 U.S.App.D.C. 57.
United States Department of
Agriculture
• Research, Education, & Economics (ARS,
CSREES, ERS, NAL, NASS)
• Natural Resources & Environment ( FS, FAS)
• Rural Development (RHS, RUS)
• Farm & Foreign Ag. Services (FSA, FAS)
• Marketing & Regulatory Programs (AMS,
APHIS, GIPSA)
• Food Nutrition & Consumer Services (FCS)
• Food Safety (FSIS)
Agricultural Marketing Service
(AMS)
• Grading, certification, standardization,
market news
• purchase programs (surplus; school
lunch)
• market orders, commodity programs
Grain Inspection, Packers &
Stockyards Administration
• Grain Inspection certifies that grain
meets standards; vital for trade
• Packers & Stockyards insure fair trading
practices among livestock buyers and
sellers
Food & Consumer Services
• Food for needy (e.g. food stamps and
WIC)
• Improve eating habits/nutrition of
children (school lunch, school breakfast)
• Stabilize farm prices through distribution
of surplus foods
Inspection of Meat,
Poultry & Eggs by
USDA
Food Safety and Inspection
Service
• Mandatory Inspection
– Meat & Meat Food Products (FMIA)
– Poultry Products (PPIA)
– Processed Egg Products (EPIA)
• Voluntary Inspection
– Products from non-amenable species (AMA)
FSIS Inspection Operations
Programs (FY 1996)
• 8,000 inspection operations employees
(1100 veterinarians)
• 6,400 slaughtering/processing plants
• Over 90% of FSIS’s $645 million dollar
budget
FSIS Inspection Requirements
• Continuous inspection of slaughter and
processing facilities
• animals receive ante-mortem inspection
• Every carcass receives post-mortem
inspection supervised by a FSIS
veterinarian
• Processed products are reinspected
before shipping
Federal Meat Inspection Act
(FMIA)
• Preceded by Meat Inspection Act of 1889
• Meat Inspection Act of 1891
• Meat Inspection Act of 1906
Federal Meat Inspection Act of
1906
• Mandated antemortem inspection of
livestock (cattle, swine, sheep, goats,
equines)
• Mandated post-mortem inspection of
every carcass
• Established sanitary standards for
slaughter and processing plants
• Required continuous USDA inspection of
slaughter and processing operations
Limitations of the Federal
Meat Inspection Act
• Covered only meat and meat products
intended for interstate commerce
• Did not cover any poultry products
Congress. Investigations 1960
• 15% of all commercially slaughtered
animals and 25% of all commercially
prepared meat products were not subject
to inspection because they were intended
only for intrastate commerce
• Only 29 states imposed mandatory
inspection during slaughter of animals
intended for sale as food in intrastate
commerce
Amendments to the Federal
Meat Inspection Act
• Wholesome Meat Act of 1967
• Curtis Amendment
• Humane Methods of Slaughter Act 1978
• Agriculture and Food Act 1981
Wholesome Meat Act of 1967
• Amended FMIA to assure uniformity in
regulation of products shipped interstate,
intrastate, and in foreign commerce
• Gave USDA regulatory authority over
food brokers, animal food
manufacturers, and freezer storage
facilities as well as transporters and
retailers of food products.
• The inspection requirements of the FMIA
as amended do not apply to retail
establishments
Wholesome Meat Act of 1967
• Incorporated provisions against
adulteration and misbranding of food
products almost identical to FFDCA
provisions
• Provided greater enforcement authority,
including withdrawal or refusal of
inspection services, detention, injunctions
Wholesome Meat Act of 1967 Federal State Cooperation
• Allows states to have own meat/poultry
inspection programs if their requirements
are “at least equal to” federal
requirements
• USDA pays 50% of program & provides
training , etc.
• 25 states have state inspection programs
Curtis Amendment (1967)
• Exempted farmers when meat was used
for family or nonpaying guests
• Exempted custom slaughterers
• Exempted processors of farm animals
Humane Methods of Slaughter
Act 1978
• Provided for humane handling in
connection with slaughter of livestock
• Livestock must be rendered insensitive to
pain prior to shackling/hoisting
• The first Humane method of slaughter: a
single blow, electrical, chemical or any
other means that is rapid and effective.
• Method two: religious ritual slaughter
Agriculture and Food Act 1981
• Imported carcasses, meat and meat food
products must meet the inspection,
sanitary, quality, species verification and
residue standards applied to products
produced in the United States
• Provided for certification of exporting
establishments by the Secretary of
Agriculture
Poultry Products Inspection
Act of 1957
• Made Federal inspection mandatory for
poultry products shipped in interstate
commerce.
Egg Products Act of 1970
• Required USDA to ensure egg products
are safe, wholesome, & accurately labeled
• Only included breaker egg
establishments
– FDA is responsible for shell egg
establishments
• Egg products inspection was transferred
from the Agricultural Marketing Service
to FSIS in the 1995 reorganization (AMS
retains surveillance of “restricted” eggs)
The End