The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection
Service (FSIS) has announced that, as of February 8, 2013, it will require
producers of non-intact raw beef and all ready-to-eat products containing
meat and poultry to hold shipments until they pass agency testing for
foodborne pathogens. FSIS announced its plan to implement this policy in
April 2011.

In the past, FSIS’s practice has apparently been “to allow products tested for adulterants to bear the mark of inspection, and to enter commerce, even when test results have not been received.” FSIS had asked, but not required, official establishments to maintain control of products tested for adulterants pending test results. According to FSIS, “because establishments, including official import inspection establishments, were not consistently maintaining control of product, despite FSIS’s request that they do so, adulterated product was entering commerce.” FSIS has reportedly stated that if the new requirement had been in place between 2007 through 2010, 49 of the 251 meat, poultry and processed egg product recalls that occurred during that time could have been prevented.

The new policy requires official establishments and importers of record to
maintain control of products tested for adulterants by FSIS and not allow
the products to enter commerce until negative test results are received. FSIS
anticipates most negative test results will be determined within two days.
The policy applies to non-intact raw beef products or intact raw beef products
intended for non-intact use and that are tested by FSIS for Shiga-toxin
producing Escherichia coli. The policy also applies to any ready-to-eat products
FSIS tests for pathogens.

“This new policy will reduce foodborne illnesses and the number of recalls
by preventing contaminated products from reaching consumers,” said USDA
Undersecretary for Food Safety Elisabeth Hagen in an FSIS news release.
“Many producers hold products until test results come back. We’re encouraging
others in the industry to make this a routine part of operations.” See
Federal Register, December 10, 2012.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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