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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.
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