Food Distribution Program

Highlights
Food Safety and Re-call of Commodities
Taken from USDA Policy Memorandum # 01-16, July 2001

 

If you suspect a food safety issue contact your local or state health agency and USDA's Food and Nutrition Service (FNS) on their hotline at (800) 446-6991

Federal Responsibilities

1. FNS is alerted that a possible re-call is imminent.

2. The appropriate procurement agency is notified to determine destinations, and quantity of product involved.

Meat, poultry and eggs - FSIS (Food Safety and Inspection Service)
Fruits, vegetables, dairy, fish, grains and nuts - FDA (Food and Drug Administration)

3. FSIS/FDA will make a recommendation in ten (10) days for disposition.

4. If the tests are inconclusive the product is put on hold. If product is put on hold FNS will notify State Distributing Agencies who will inturn notify Recipient Agencies.

5. If a firm recalls a product, FSIS prepares a recall notification and press release. Within 24 hours the State Distributing Agencies receive the notification and/or press release.

6. Commercial processors are notified immediately if a recalled commodity is delivered to their plant.

State Distributing Agency (SDA) Responsibilities

1. Designate a contact person and alternate. Provide to FNS names, title, phone numbers, and e-mail address of the contacts. Information should include how to contact designees after normal work hours.

2. SDA's must notify schools within 24 hour period of receiving notification. Track the product and document reimbursable cost.

3. SDA should notify the contracted warehouses and inform them to put delivery of product on hold. Warehouse should provide an inventory of product still in storage for both the SDA and Recipient Agency (RA).

Recipient Agency (RA) Responsibilities

1. The RA should appoint a Food Safety Coordinator and provide information, name, phone # e-mail, etc., to the SDA.

2. The RA. must notify all affected buildings in their corporation, identify and isolate the product to avoid further use. An accurate inventory must be taken of the affected product..

3. The above information must be reported to the SDA within ten (10) calendar days of being notified. This information is used by the vendor and FNS to determine the scope of the recall.

Product Disposition:

The Procurement Agency will use the inventory information to determine the best course of action to recover or destroy the affected product.

The affected SDA's will be in constant communication with the RA's to assist in collecting product to a central location for pick-up by the vendor. The condemned product should be ready for pick-up within thirty (30) days after the date of the recall notification.

Reimbursement / Replacement Process:

1. Reimbursable costs are limited to storage, transportation, processing, and distribution of the commodities. State and Recipient Agencies are eligible for cost reimbursement.

2. In most cases the vendor or processor is responsible for reimbursement. When a State or RA submit timely cost data, payment is request by USDA within twenty days. If a vendor does not pay then USDA will reimburse the SDA and/or the RA.

Examples of hold or recall of USDA product and procedures:

A. Product purchased by USDA and delivered to SDA or RA by USDA.

- Vendor assumes responsibility for replacement and reimbursement of eligible cost.
- Should vendor default or delay restitution USDA will initiate action.

B. Reprocessed commodity delivered to SDA/RA. In this scenario, USDA purchased the raw product and delivers it to a processor under contract with the SDA or RA for reprocessing. The contamination could be the USDA raw product or the processing plant itself. It may also be commercial product used by the processor under substitution.

- If the USDA raw product is further processed, with no substitution of raw material, and the end product is contaminated then the vendor is solely responsible for replacement and/or reimbursement of cost incurred by USDA, SDA, and RA including processing cost pursuant to the contract with the SDA, or RA. If a state or RA has not paid a processor and the processor has incurred processing expenses the SDA or RA must work with USDA and the processor to reach an equitable solution.
- If the RA end product was produced with commercial raw material and contaminated USDA raw material is used to produce a commercial product this classifies as a commercial recall. USDA will not assume any responsibility for cost beyond the replacement of the commodity.

Administrative Recalls

USDA may decide to remove products from distribution due to a safety concern, and not for any specification problem that would limit commercial use. USDA will notify the SDAs and develop strategies for disposition and replacement. In addition USDA will reimburse SDAs and RAs for eligible cost.

Specification Recalls

A commodity that does not meet specification may be recalled voluntarily or at USDA's request. If recalled by USDA, FNS is responsible for notification. The vendor is responsible for retrieving and replacement of the commodity, and reimbursable cost to SDAs and Ras.

Holds

A commodity can be put on hold for ten (10) days for testing and inspection. FNS is responsible for notifying the SDAs. If product is held for more than ten (10) days, USDA must notify the SDA to consolidate the product and control the inventory. USDA may reimburse the SDA as follows:

1. One month Standardized storage.
2. One round trip transport of commodities.
3. On-site destruction, when approved by USDA
4. Processing cost at the state and local level with some limitations.