FSIS Announces Broad Enforcement of HACCP Rules

November 30, 1999

USDA's Food Safety and Inspection Services has decided it has broad authority to carry out provisions of meat and poultry laws, including virtually shutting down a plant that does not comply with rules for a hazard analysis and critical control point (HACCP) program.

Under a final rule published in Monday's Federal Register, FSIS says a plant's failure to comply with regulatory requirements "can result in (FSIS') inability to determine that products are not adulterated as required by the inspection statutes."

That would mean FSIS "may find it necessary to take action to prevent the production and shipment of product until the agency is assured that there is compliance with the statutes and their implementing regulations." FSIS would refuse to grant an application for inspection, take control actions to retain product, to reject equipment or facilities, to slow or stop lines or to refuse to allow the processing of specifically identified product.

Those types of action would be taken when a plant fails to develop and implement at HACCP plan or operate according to the statute and/or comply with six other slaughter and inspection procedures.

Several comments received by FSIS to the rule argued that an establishment's failure to meet the salmonella performance standards, to carry out and meet generic E. coli testing requirements or to prevent a HACCP system failure would not provide an adequate basis to suspend or seek withdrawal of inspection.

They contended that the laws authorize FSIS to remove inspectors only when an establishment fails to comply with the Humane Slaughter Act or is convicted in a criminal proceeding. FSIS disagreed with that assessment of its authority.

The entire Federal Register notice is on the Internet at http://www.gpo.ucop.edu/cgi-bin/gpogate?waisdoc=1&doctype=TEXT&docid=::::6+45855+/diska/wais/data/1999_register/fr29no99.dat.wais&server=1999_register/frwais.access.gpo.gov