Tag Archives: USDA

Beltway Beat

USDA FSIS Withdraws Proposed Salmonella Framework for Raw Poultry Products

By Food Safety Tech Staff
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FSIS announced in a Notice of Withdrawal on the Federal Register dated April 25, 2025 that it is withdrawing the “Salmonella Framework for Raw Poultry Products” proposed rule and proposed determination to allow the Agency to further assess its approach for addressing Salmonella illnesses associated with poultry products.

The Notice gave the background and in August 7, 2024, FSIS published a proposed rule and proposed determination in the Federal Register titled “Salmonella Framework for Raw Poultry Products” (89 FR 64678). The proposed framework was targeted at reducing Salmonella illnesses associated with poultry products.

The proposal announced FSIS’ proposed determination that raw chicken carcasses, chicken parts, comminuted chicken, and comminuted turkey products contaminated with certain Salmonella levels and serotypes are adulterated as defined in the Poultry Products Inspection Act (PPIA) (21 U.S.C. 453 et seq.). FSIS proposed to establish final product standards based on these Salmonella levels and serotypes.

FSIS also proposed to revise the regulations in 9 CFR 381.65(g) that require that all poultry slaughter establishments develop, implement, and maintain written procedures to prevent contamination by enteric pathogens throughout the entire slaughter and dressing operation to clarify that these procedures must include a microbial monitoring program (MMP) that incorporates statistical process control (SPC) monitoring methods, to require sampling at rehang instead of pre-chill, and to require that all establishments conduct paired sampling at rehang and post-chill.

The Agency proposed to amend the recordkeeping requirements under 9 CFR 381.65(h) to require that establishments submit their microbial monitoring sampling results to FSIS electronically. FSIS had considered proposing to require that incoming flocks meet a predetermined target level for Salmonella at receiving. However, at the time the proposal was published, the research did not support the use of a threshold for test results at the receiving step and many small poultry producers and processors said that such an approach would impose an overwhelming burden on them.

Therefore, the proposed framework focused on a non-regulatory approach for reducing the Salmonella load on incoming birds. FSIS received 7,089 comments on the proposed framework during the comment period, which closed on January 17, 2025. Most of the comments were submitted as part of organized letter writing campaigns, while 1,415 were unique comment letters.

“The decision to withdraw the Salmonella Poultry framework sends the clear message that the Make America Healthy initiative does not care about the thousands of people who get sick from preventable foodborne Salmonella infections linked to poultry. The proposal was developed with robust stakeholder input and the decision to withdraw it was made before FSIS even had an opportunity to review the extensive docket.”  Sandra Eskin, CEO of Stop Foodborne Illness and former Deputy Under Secretary Food Safety, USDA, FSISFSIS received substantive comments from a variety of stakeholders that included poultry and meat industry trade associations, small poultry producer and processor trade associations, large and small poultry processing establishments, consumer advocacy organizations, members of academia, scientific and technical trade associations, diagnostic laboratory companies, foreign entities (government, poultry processors, and importers), law students, State Departments of Agriculture and State representatives, members of Congress, and a risk assessment firm.

The issues that generated the most comments, both positive and negative, included those associated with FSIS’ legal authority to propose the final product standards, the proposed Salmonella levels and serotypes for the final product standards, the proposed use of SPC monitoring, the scientific and technical information used to support the proposed framework, the potential economic impacts of the proposed framework, and the potential impact of the proposed framework on small poultry growers and processors. Several comments also suggested alternative approaches other than the proposed framework for addressing Salmonella illnesses associated with poultry products.

While FSIS continues to support the goal of reducing Salmonella illnesses associated with poultry products, the Agency believes that the comments have raised several important issues that warrant further consideration. Therefore, FSIS is withdrawing the “Salmonella Framework for Raw Poultry Products” proposed rule and proposed determination to allow the Agency to further assess its approach for addressing Salmonella illnesses associated with poultry products.

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Beltway Beat

USDA’s Announces a Phased Return-to-Duty Plan With Pay for Fired Probationary Employees

By Food Safety Tech Staff
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The U.S. Department of Agriculture (USDA) released the following statement on their website today regarding the status of probationary employees:

“On Wednesday, March 5, the Merit Systems Protection Board (MSPB) issued a 45-day stay on the termination of U.S. Department of Agriculture probationary employees. By Wednesday, March 12, the Department will place all terminated probationary employees in pay status and provide each with back pay, from the date of termination. The Department will work quickly to develop a phased plan for return-to-duty, and while those plans materialize, all probationary employees will be paid.”

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Beltway Beat

USDA Terminates National Advisory Committee on Microbiological Criteria for Foods (NACMCF) and National Advisory Committee on Meat and Poultry Inspection (NACMPI).

By Food Safety Tech Staff
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The USDA’s  National Advisory Committee on Microbiological Criteria for Foods (NACMCF) was established in 1988 by the Secretary of Agriculture, after consulting with the Secretary of the U.S. Department of Health and Human Services (HHS). The committee provides impartial scientific advice and recommendations to federal agencies on microbiological and public health issues relative to the safety of the U.S. food supply.

The National Advisory Committee on Meat and Poultry Inspection (NACMPI) was established in 1971 to advise the Secretary of Agriculture on matters affecting federal and state inspection program activities.

Brian Ronholm, director of food policy at Consumer Reports, issued the following statement today in response to the elimination of the NACMCF and National Advisory Committee on Meat and Poultry Inspection (NACMPI). “The termination of these two important advisory committees is very alarming and should serve as a warning to consumers that food safety will not be a priority at USDA in the foreseeable future. These expert panels provide impartial scientific advice and recommendations to USDA, FDA and the CDC on public health issues related to food safety in the U.S. The failure to recognize and leverage the value of this scientific expertise is dangerous and irresponsible.”

Sandra Eskin, CEO, Stop Foodborne Illness, commented on NACMCF and NACMPI being eliminated. “The two food safety advisory committees, NACMCF and NACMPI, reportedly being eliminated, ensure that federal food safety oversight is science-based and informed by a broad range of stakeholders. Without the input of these committees, we have little confidence that the food safety policies at USDA and FDA will, in fact, Make America Healthy Again.”

Separately, an independent federal board has ordered the U.S. Department of Agriculture (USDA) to temporarily reinstate close to 6,000 employees fired since Feb. 13, finding reasonable grounds to believe the agency acted illegally in terminating them.

The Merit Systems Protection Board (MSPB) issued a stay, ordering the USDA to return the fired workers to their jobs for 45 days while an investigation continues. The MSPB acts as an internal court to consider federal employees’ complaints against the government.

STOP Foodborne Illness
Beltway Beat

Sandra Eskin leaves USDA for STOP Foodborne Illness as the new CEO, officially Leading the Nonprofit on Feb. 24

By Food Safety Tech Staff
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STOP Foodborne Illness

 Stop Foodborne Illness (STOP), a national public health nonprofit dedicated to preventing foodborne illness and advocating for stronger food safety policies, announces that Sandra Eskin will assume the role of Chief Executive Officer on February 24, 2025.

Eskin, a respected leader in food safety, most recently at the U.S. Department of Agriculture (USDA), has a long track record of food safety advocacy. Throughout her career, Eskin has worked on a broad range of food safety, consumer protection, and public policy issues.

“I am honored and excited to become the CEO of Stop Foodborne Illness,” said Eskin. “This organization has played a major role in improving the safety of the food supply, and I look forward to helping STOP expand its efforts to protect American families from preventable foodborne illnesses.”

Eskin and Mettler
Sandra Eskin, formally of USDA and Erik Mettler of FDA co-presenting at the Food Safety Consortium

Eskin succeeds Mitzi Baum, who has been STOP CEO since 2019. “Sandra has long been a nationally respected food safety advocate and leader,” said Mary McGonigle Martin and Gillian Kelleher, STOP’s Board of Directors Co-Chairs.

Eskin’s leadership will be crucial in building upon the momentum created by Baum, who is stepping down after six years as CEO. Baum expanded STOP’s programs, raised its national profile, and developed initiatives with industry and government to improve food safety nationwide.

The co-chairs added, “It is difficult to say goodbye to Mitzi, but we know STOP’s future is in superbly capable hands with Sandra.”

Jeff Almer, food safety advocate and STOP constituent, adds his praise for Eskin. “My mother, a two time cancer survivor, was one of nine people who died in the Salmonella outbreak in 2009 due to tainted peanut butter. I know how important it is to have strong, clear food safety leadership. Sandra has always been a tireless champion for consumer protection. I am confident she’ll take STOP to new heights in the fight to end foodborne illness.”

At the USDA, Eskin held several leadership positions including Acting Under Secretary for Food Safety and Deputy Under Secretary. Before joining USDA, Eskin spent 12 years as the Project Director for Food Safety at The Pew Charitable Trusts, advocating for food safety reform and the passage of the Food Safety Modernization Act (FSMA), and previously as the Deputy Director of the Produce Safety Project at Georgetown University.  She has also served on several federal advisory committees, providing strategic policy advice related to foodborne illness surveillance, consumer information on prescription drugs, and food safety.  Eskin holds a J.D. from UC Law-San Francisco (formerly Hastings College of the Law) and a B.A. from Brown University.

Jose Emilio Esteban, Ph.D.
Beltway Beat

Dr. Emilio Esteban leaves USDA for Mérieux NutriSciences as CSO and Head of the Global Analytical Hub.

By Food Safety Tech Staff
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Jose Emilio Esteban, Ph.D.

Mérieux NutriSciences announced the appointment of Dr. Emilio Esteban as Chief Scientific Officer for its North America division, and Head of its Global Analytical Hub.

In a press release, the company stated that Dr. Esteban brings remarkable experience to Mérieux NutriSciences with his proven professional background in food safety and public health. In this role, he will work to further strengthen Mérieux NutriSciences’ status as a global leader in food science and safety, and to drive the organization’s strategy to deliver globally cutting-edge analytical services.

Over the last 22 years with the U.S. Department of Agriculture (USDA), Dr. Esteban has held a variety of leadership roles, most recently serving as Undersecretary overseeing the Food Safety mission. Prior to that, Dr. Esteban worked for the Centers for Disease Control and Prevention (CDC) as an epidemiologist and Assistant Director for Public Health in its Food Safety Office. He has served on the executive board of the International Association for Food Protection (IAFP) and chaired the Codex Alimentarius Commission.

Dr. Esteban received a doctorate in veterinary medicine from Mexico’s Universidad Nacional Autonoma de Mexico, a Master of Business Administration from the Panamerican Institute, as well as a Master of Preventive Veterinary Medicine, and a doctorate in epidemiology from the University of California at Davis.

Cows, dairy, farms
Beltway Beat

USDA Announces New Federal Order, Begins National Milk Testing Strategy to Address H5N1 in Dairy Herds

By Food Safety Tech Staff
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Cows, dairy, farms

Today, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is announcing the start of its National Milk Testing Strategy (NMTS), which builds on measures taken by USDA and federal and state partners since the outbreak of highly pathogenic avian influenza (HPAI) H5N1 in dairy cattle was first detected in March 2024. Today, USDA is issuing a new Federal Order, as well as accompanying guidance, requiring that raw (unpasteurized) milk samples nationwide be collected and shared with USDA for testing. This new guidance from USDA, which was developed with significant input from state, veterinary and public health stakeholders, will facilitate comprehensive H5N1 surveillance of the nation’s milk supply and dairy herds.

According to the USDA’s announcement on their website, this NMTS is designed to increase USDA’s and public health partners’ understanding of the virus’ spread in the United States through a structured, uniform, and mandatory testing system that will help swiftly identify which states, and specific herds within them, are affected with H5N1; support the rapid implementation of enhanced biosecurity measures to decrease the risk of transmission to other livestock; and importantly, inform critical efforts to protect farmworkers to help lower their risk of exposure. USDA believes this additional step is needed to proactively support effective biosecurity measures, which is key for states and farmers to contain and eliminate H5N1 infections from their livestock and to eliminate HPAI in livestock across the U.S. dairy population.

The Federal Order released today makes three new requirements.

  1. it requires the sharing of raw milk samples, upon request, from any entity responsible for a dairy farm, bulk milk transporter, bulk milk transfer station, or dairy processing facility that sends or holds milk intended for pasteurization.
  2. the Federal Order requires herd owners with positive cattle to provide epidemiological information that enables activities such as contact tracing and disease surveillance.
  3. finally, like USDA’s April 24 Federal Order, it requires that private laboratories and state veterinarians report positive results to USDA that come from tests done on raw milk samples drawn as part of the NMTS.

The first round of silo testing under the Federal Order and the NMTS is scheduled to begin the week of Dec. 16, 2024, although some states are already conducting testing compatible with the NMTS.

This new Federal Order does not override or supersede USDA’s April 24 Federal Order, which still requires the mandatory testing of lactating dairy cows prior to interstate shipment and requires that all privately owned laboratories and state veterinarians report positive test results connected with those tests. The new Federal Order announced today is intended to complement and enhance this existing order.

National Milk Testing Strategy

As part of the National Milk Testing Strategy, APHIS will work with each state in the contiguous United States to execute testing in a way that works for the state and that aligns with the NMTS standards. Once a state begins testing under the NMTS, APHIS will place that state into one of five stages based on the HPAI H5N1 virus prevalence in that state. As states move to another stage, we will have a stronger picture of our progress towards eliminating HPAI H5N1 at state, regional and national levels. These stages include:

Stage 1: Standing Up Mandatory USDA National Plant Silo Monitoring

USDA will immediately begin nationwide testing of milk silos at dairy processing facilities. This national sample will allow USDA to identify where the disease is present, monitor trends, and help states identify potentially affected herds.

Stage 2: Determining a State’s H5N1 Dairy Cattle Status

Building on the results of silo monitoring, in collaboration with states, USDA will also stand up bulk tank sampling programs that will enable us to identify herds in the state that are affected with H5N1.

Stage 3: Detecting and Responding to the Virus in Affected States

For states with H5N1 detections, APHIS will work quickly to identify specific cases and implement rapid response measures, including enhanced biosecurity using USDA’s existing incentives programs, movement controls and contact tracing.

Stage 4: Demonstrating Ongoing Absence of H5 in Dairy Cattle in Unaffected States

Once all dairy herds in a given state are considered to be unaffected, APHIS will continue regular sampling of farms’ bulk tanks to ensure the disease does not re-emerge. Bulk tank sampling frequency will progressively decline as the state demonstrates continual silo negativity (e.g., weekly, monthly, quarterly if continually negative). If a state becomes affected, USDA will re-engage detection and response activities, and the state will return to Stage 3.

Stage 5: Demonstrating Freedom from H5 in U.S. Dairy Cattle

After all states move through Stage Four, APHIS will work with the states to begin periodic sampling and testing to illustrate long-term absence from the national herd.

As of this announcement, the following six states will be included in the first round of states brought into the program for testing: California, Colorado, Michigan, Mississippi, Oregon, and Pennsylvania.

As states begin testing under the NMTS and as they move through the five stages, their progress will be shared at USDA HPAI in Livestock Testing. While the majority of states will enter the NMTS at Stage 1, we anticipate states with ongoing testing may meet the testing requirements described above in Stages 2-4. USDA will work closely with states to determine each state’s status. While the majority of states will enter the NMTS at Stage 1, we anticipate states with ongoing testing may meet the testing requirements described above in Stages 2-4. USDA will work closely with states to determine each state’s status.

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Beltway Beat

USDA Food Safety and Inspection Service Announces Leadership Changes

By Food Safety Tech Staff
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On November 21, 2024, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) announced changes to the agency’s leadership team.

Dr. Denise Eblen, currently FSIS’ Assistant Administrator for the Office of Public Health Science, has been named agency Administrator. As Assistant Administrator for the Office of Public Health Science since 2018, Dr. Eblen has led the agency’s scientific analysis, including oversight of FSIS laboratories and testing of regulatory samples, risk assessment, and outbreak investigation and response. Drawing from her twenty five years of experience at USDA, she will continue to steer FSIS in its efforts to use science-based decision making to modernize the agency’s inspection strategies, policies, and approaches to improve public health. In addition to her work with FSIS, Dr. Eblen has held roles with USDA’s National Institute of Food and Agriculture and the Agricultural Research Service.

Denise Eblen, Ph.D., FSIS, Administrator, Office of Public Health Service portrait in Washington, DC on May 30, 2018. USDA photo by Ken Hammond.

Dr. Eblen holds a Bachelor of Science Degree in Human Nutrition from the University of Ulster at Coleraine in Northern Ireland, a Master of Science Degree in Food Science from Queen’s University, Belfast, in Northern Ireland, and a Ph.D. in Food Safety Microbiology from the University of Ulster at Jordanstown, Northern Ireland.

Paul Kiecker will take on the role of Assistant Administrator in the Office of Investigation, Enforcement and Audit, where he will apply his deep experience with the agency and his leadership capabilities to head FSIS’s investigation, enforcement, and audit functions. Mr. Kiecker has served FSIS for more than thirty years, beginning as a food inspector in 1988 and most recently serving as Administrator. His previous roles include experience across the Office of Field Operations and as a Compliance Investigator and Supervisory Compliance Investigator with the Office of Investigation, Enforcement and Audit.  Mr. Kiecker has advanced the agency’s workforce recruitment effort and engagement with FSIS’ large team of field employees, among other key priorities.

“Each of these leaders brings a wealth of experience with FSIS, expertise in different aspects of the agency’s mission, and a personal commitment to protecting public health by ensuring a safe food supply,” said Dr. Emilio Esteban, USDA Under Secretary for Food Safety. “I am honored to work alongside them, and I look forward to seeing the path they will chart forward to advance food safety in the days and years to come.”

According to USDA’s website, these leadership changes will take effect Dec. 9, 2024.

Food Fraud Quick Bites

Highlights and significant changes of USDA’s revised regulations on organic foods

By Jennifer Allen
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On March 19, 2024, the USDA implemented revised regulations on organic foods. The overall purpose of the revisions is to strengthen enforcement of the regulations, with a focus on greater accountability for organic food fraud. This article does not go into every detail of the changes. That would be a long and rather dull read, and you could just as well go read the new regulations for yourself. But it does highlight some of what this writer believes are the most significant changes, and to the extent your compliance with the organic regulations has been on autopilot, this is a reminder to take the wheel and make sure you know how the new regulations affect you.

Perhaps the most significant change is to the scope of what it means to “handle” organic products. Before the revisions, handling meant selling, processing, or packaging agricultural products. Now, handling includes trading, facilitating the sale or trade on behalf of a seller or yourself, importing and exporting, as well as a number of other activities including conditioning, containerizing, and labeling. Thus, the universe of individuals and entities that could be on the hook for organic fraud, and who may need to be certified by the USDA, just got significantly larger. What this means is that even if all you do is hit buttons on a computer keyboard, and you never lay your hands on a piece of produce, you can still be responsible if the product you are trading turns out to be falsely labeled or otherwise noncompliant. There are exemptions from certification, but you still need to be compliant with the rules.

There are some changes in exemptions under the revised rule. Restaurants and stores that cook or prepare food and then sell it to consumers at the same location are exempt. But online sellers are not. Companies that store packaged and sealed products are exempt, but those who store bulk and unpackaged products must be certified. Customs brokers and logistics brokers – those who merely connect operations with carriers and storage facilities – are exempt. Likewise, businesses whose only job is to transport products are exempt, but handlers must still use audit trails and traceability to ensure that their carrier does not compromise the organic integrity of the product.

With respect to fraud, the term “organic fraud” is now defined, as “deceptive representation, sale or labeling of nonorganic agricultural products or ingredients as . . . organic.” New regulations relating to traceability make it easier to follow a product from birth to sale. New language requires certified operations to keep records that “span the time of purchase or acquisition, through production, to sale or transport and be traceable back to the last certified operation.”  And certifying agents must conduct risk-based supply chain traceability audits to trace products across multiple links in a supply chain.

These are just some of the changes that USDA has made to ensure that consumers paying a premium for organic products are getting what they pay for. If you are part of the chain of organic products, then make sure you know how the changes affect your organization.

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Beltway Beat

USDA Resumes Inspections of Mexican Avocados and Mangoes destined for the United States

By Food Safety Tech Staff
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Last week, the U.S. Embassy in Mexico said two employees of the U.S.D.A.’s Animal and Plant Health Inspection Service were assaulted and detained while traveling in the Mexican state of Michoacán, where they had been surveying orchards and packing plants. The employees were later released, but the episode led to a temporary halt of inspections of avocados and mangoes destined for the United States. A “satisfactory” proposal on worker safety allowed the inspectors to return to work, Ken Salazar, the U.S. ambassador to Mexico, said last Monday.

Inspectors employed by a unit of the U.S.D.A. vet producers and packing plants in Mexico as part of a program designed to make sure orchards and other facilities that handle the crops are free of pests and comply with food safety standards.

According to the Embassy’s website, security incidents in Mexico have not been limited to the avocado program. In 2020, a USDA employee who carried out screening and eradication activities in support of fruit and pest and citrus disease programs in northern Mexico was killed. In the case of concern, an APHIS inspector questioned the integrity of a particular shipment, and refused to certify it on the basis of specific issues. The USDA inspector’s supervisor later received a telephone threat against him and his family.

USDA Awards bioMérieux’s GENE-UP® Pathogenic E. coli (PEC) as Method of Choice for Shiga Toxin-Producing E. coli (STEC) Detection in USDA-FSIS Laboratories

By Food Safety Tech Staff
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According to the June 28, 2024 USDA Constituent Update, FSIS evaluated commercially available pathogen screening technologies and will adopt a new rapid screening test for adulterant Shiga toxin-producing E. coli (STEC). Specifically, FSIS will use the bioMérieux GENE-UP® Pathogenic E. coli (PEC) platform to screen enriched samples received on or after September 16, 2024, for adulterant STEC. This screening method adds efficiency by employing a novel molecular diagnostic target to rapidly identify samples containing STEC. FSIS expects that adoption of this new screening method will reduce the number of potential–and presumptive–positive STEC results that do not confirm positive with our current method. FSIS expects that industry will see reduced product holding times while waiting for laboratory results.