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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, designed in the early 1900s, has kept pace with changes in the food production and marketing industries. Several significant changes in meat and poultry inspection programs were included in the 2008 farm bill (P.L. 110-246), signed into law in June 2008. These include permitting some state-inspected meat and poultry products to enter interstate commerce, just like USDA-inspected products; bringing catfish under mandatory USDA inspection; requiring an inspected establishment to notify USDA if it believes that an adulterated or misbranded product has entered commerce; and requiring establishments to prepare and maintain written recall plans. Other recent issues have included the following. 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. However, large recalls due to pathogen problems are still occurring, and significant declines in the incidence of major foodborne pathogens have not occurred in recent years, according to government data. Proposals to delineate pathogen performance standards and/or safe tolerance levels are part of H.R. 1148, S. 654, and H.R. 3624. Should USDA have new authority to mandate recalls of suspect meat and poultry products? Recall provisions are in H.R. 1148/S. 654, H.R. 2108/S. 1274, H.R. 3484, and H.R. 5762. (See also the farm bill provisions, above). Is legislation needed to improve the ability to trace animals, meat, and poultry products? One bill (H.R. 1018) would prohibit a mandatory animal ID system; another (H.R. 2301) would set up a producer-run program. S. 1292 and H.R. 3485 both would require more extensive farm-to-fork traceability systems. 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 denied successive Administrations' proposals for new user fees. Separately, Congress delayed implementation of a controversial new "risk based inspection system" (RBIS, now being retooled as the "Public Health Based Inspection System") aimed at shifting some existing FSIS resources from processing plants and products that pose relatively lower safety risks to others posing relatively higher risks.

Related Legislation:
• H.R.1148
• S.654
• H.R.3624
• H.R.2108
• S.1274
• H.R.3484
• H.R.5762
• H.R.1018
• H.R.2301
• S.1292
• H.R.3485

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