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• National Agricultural Law Center

Summary

The U.S. Department of Agriculture's (USDA's) Food Safety and Inspection Service (FSIS) must inspect most meat, poultry, and processed egg products for safety, wholesomeness, and labeling. Federal inspectors or their state counterparts are present at all times in virtually all slaughter plants and for at least part of each day in establishments that further process meat and poultry products. Debate has ensued for decades over whether this system, first designed in the early 1900s, has kept pace with changes in the food production and marketing industries. Among the issues that the 110th Congress could be asked to examine are: Is enough being done to address longstanding concerns about naturally occurring microbiological contamination? In 1996, FSIS added a sweeping new system known as Hazard Analysis and Critical Control Point (HACCP) -- essentially plant-specific contamination prevention plans -- on top of the traditional "sight-, smell-, and touch-based" inspection system. Past bills, proposing to clarify USDA's use of pathogen performance standards, could be reintroduced. Does FSIS have adequate funding and resources, and/or should industry pay more for inspection? FSIS inspection is mainly funded through USDA's annual appropriation. Congress has consistently denied successive Administrations' proposals to impose new user fees. Meanwhile, FSIS also is working on a new "risk based inspection system" aimed at focusing its existing resources in plants that pose greater risks than others. Should state-inspected meat and poultry products be allowed in interstate commerce? Bills to lift the longstanding ban on such shipments could be offered. Should USDA be given more authority to recall suspect meat and poultry products? Bills to broaden recall authority also could be offered, as in the past. Is legislation needed to improve the ability to trace animals, meat, and poultry products? Past bills, to require a system for tracing all federally inspected meat and poultry from the live animal through processing to the ultimate consumer, or, alternatively, to establish differing nationwide livestock identification systems for animal disease purposes only, could be reintroduced. Should Congress further address animal welfare? Bills proposed in the 109th Congress would have banned the slaughter of nonambulatory livestock, and banned horse slaughter for human consumption. Should U.S. food safety responsibilities be consolidated under a single agency? Companion bills did not advance in the 109th Congress, but there is expected to be continued interest in them in the 110th Congress. This report will be updated if significant developments ensue.

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