FSIS Rules on Distributing Information

April 25, 2002

The Food Safety and Inspection Service of USDA has issued a final rule that will allow the agency to share customer distribution lists with state and other Federal agencies responsible for removing recalled products from commerce in a Class I or II recall. However, these entities are precluded from sharing this information with the public without express permission from the company or the agency.

According to FSIS, "sharing these lists will contribute to improved public health protection by allowing for more effective and timely verification that products are removed from commerce."

In the final rule, titled "Sharing Recall Distribution Lists with State and Other Federal Government Agencies," the agency is amending 9 CFR Part 390 to provide that, "an agency official may share distribution lists with state and other federal government agencies if several conditions are met, including the ability of the state or government official to protect the information from public dissemination."

Under new section 390.9, government officials are not considered members of the public. Therefore, uniform access to records by the public does not apply and distribution lists can be withheld from individuals making requests under the Freedom of Information Act (FOIA). The rule is effective July 31.