[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)] [Notices] [Pages 16243-16245] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-8586] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. 98-002N] Pathogen Reduction Performance Standards: Salmonella Testing Data AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: At its December 16, 1997, Hazard Analysis and Critical Control Points (HACCP) Implementation Meeting, FSIS discussed its strategy for testing raw meat and poultry products to determine establishment compliance with the pathogen reduction performance standards for Salmonella. The Agency also presented its views on the public release of Salmonella testing results. The issue papers on these subjects that were made available at the meeting are published in this notice. FOR FURTHER INFORMATION CONTACT: Patricia F. Stolfa, Assistant Deputy Administrator, Office of Policy, Program Development, and Evaluation, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250-3700; (202) 205-0699. SUPPLEMENTARY INFORMATION: On December 16, 1997, in Washington, D.C., FSIS held the first of four one-day meetings to brief managers of large (500+ employees) official meat and poultry establishments on how the Agency will conduct inspection operations after January 26, 1998. This is the date when, under the ``Pathogen Reduction (PR); Hazard Analysis and Critical Control Point (HACCP) Systems' [[Page 16244]] final rule (61 FR 38806), those establishments are required to be operating HACCP systems. At the meeting, FSIS officials discussed the Agency's strategy for testing raw meat and poultry products to determine establishment compliance with the pathogen reduction performance standards for Salmonella that are set forth in the final rule. The officials also presented Agency views on the release of Salmonella testing results. FSIS summarized its views on these subjects in two issue papers that were distributed at the meeting. The Agency is aware that there is considerable interest in the testing strategy and results and wishes to make the information in the papers available to a wider public. The issue papers are therefore published below: Issue Paper: Strategy for Salmonella Testing Background The PR/HACCP final rule set pathogen reduction performance standards for Salmonella that apply to establishments preparing carcasses and raw ground products. The performance standards are intended to ensure that each establishment is consistently achieving an acceptable level of performance with regard to controlling and reducing harmful bacteria on raw meat and poultry products. FSIS is carrying out a microbiological testing program to ensure that the establishments are meeting the performance standards. The standards complement the process control performance criteria for fecal contamination on carcasses and E. coli testing that slaughtering establishments are expected to meet. FSIS has selected Salmonella as the target organism in its microbiological testing for four reasons. First, it is the most common bacterial cause of foodborne illness. Second, FSIS baseline data show that Salmonella colonizes the intestinal tracts of a variety of mammals and birds and occurs often enough to be detected and monitored. Third, current methodologies can recover Salmonella from a variety of meat and poultry products. And, finally, intervention strategies aimed at reducing Salmonella on raw product should be effective against other pathogens. The purpose of the Salmonella performance standards is to provide incentives for producers of raw meat and poultry products to reduce the prevalence of Salmonella on their products and to provide an objective basis for judging the effectiveness of establishments' HACCP plans by both FSIS and establishments. Testing Program The testing program will be carried out in two phases, pre- implementation testing and compliance testing. FSIS began the pre-implementation phase in August 1996 with a trial period to allow the laboratories, inspectors, and headquarters employees to refine the process for scheduling, collecting and analyzing samples. During this trial period, FSIS provided training for Agency employees who were involved, determined what resources were needed in Agency laboratories and in the field, and assessed the processes used to collect samples and perform analyses. Official pre- implementation sampling began on June 1, 1997 in large establishments. Pre-implementation testing in small and very small establishments will begin in 1998. Establishments are subject to compliance-phase testing on the dates when, according to the PR/HACCP final rule, the HACCP regulations become applicable respectively to large, small, and very small establishments. The HACCP regulations become applicable to large establishments on January 26, 1998, to small establishments on January 25, 1999, and to very small establishments on January 25, 2000. After the year 2000, all official establishments, regardless of size, will be subject to the HACCP regulations. The compliance-phase testing strategy consists of three elements:Product-specific testing--Plants preparing products for which the performance standards are in double digits--e.g., chicken (20.0% positive), ground chicken (44.6%), ground turkey (49.9%)--will be targeted. FSIS will schedule these plants for the collection and analysis of sample sets. Plant-specific targeting--A plant failing to meet a performance standard when the first in a series of up to three consecutive sample sets has been tested will be targeted for additional testing. FSIS will schedule the plant for testing of a second sample set. On-going random testing--Plants not included in either of the targeted-sampling frames will be subject to random testing. Enforcement The enforcement policy follows the framework established by the PR/ HACCP rule. First Sample Set If an establishment does not meet a performance standard, FSIS Headquarters will notify the District Manager (DM) for the district in which the establishment is located. The DM, in turn, will notify the establishment that it is not in compliance with the performance standard and must take immediate action to meet the standard. The fact of the establishment's noncompliance will be documented in a noncompliance report (NR). FSIS will schedule the establishment for a second sample set, normally within 60 days, but the Agency may change the sampling schedule if the DM recommends faster or slower action. Second Sample Set If an establishment does not meet the performance standard, FSIS Headquarters will notify the DM. The DM, in turn, will notify the establishment of its noncompliance, citing the regulatory requirement for the establishment to reassess its HACCP plan for that product and take corrective action. The fact of the establishment's noncompliance will be documented in an NR. FSIS will schedule the establishment for a third sample set, with sampling to begin at a time recommended by the DM. Before recommending that sampling resume, the DM will consider factors such as the establishment's progress on reassessing its HACCP plan, its adherence to process control performance criteria as measured by testing for E. coli, or its pattern of failing checks for fecal contamination. Third Sample Set If the establishment fails to meet the performance standard, FSIS Headquarters will notify the DM. The DM will inform the establishment orally and by certified letter that it has failed to maintain an adequate HACCP plan for the affected product in accordance with 9 CFR Part 417. The fact of the establishment's noncompliance will be documented in an NR. Inspection service for that product will be suspended and will remain suspended until the establishment submits to the FSIS Administrator, or designee, satisfactory written assurances detailing actions it has taken to correct the HACCP system. (9 CFR 310.25(b)(3), 381.94(b)(3)). During compliance-phase testing, any plant that is targeted for sampling and achieves a ``pass'' result in sample-set testing will be returned to the ``random pool.'' FSIS may select the establishment from that pool for testing at some later time. [[Page 16245]] Issue Paper: Public Release of Salmonella Testing Results Issue The Food Safety and Inspection Service (FSIS) is providing its views on the release of Salmonella testing data collected by FSIS in connection with the HACCP/Pathogen Reduction final rule. Background With the publication of its HACCP/Pathogen Reduction final rule, FSIS adopted pathogen reduction performance standards for raw meat and poultry products using Salmonella as the target organism. To verify that this requirement is being met, FSIS will conduct Salmonella testing in establishments that produce raw meat and poultry products. The goal of the Salmonella testing program is to verify that pathogen reduction performance standards are being met by each establishment, with an ultimate goal of reducing the incidence of that organism and other enteric pathogens on raw meat and poultry products nationwide. The pathogen reduction standard for Salmonella requires testing of products not to determine product disposition but as a measure of process effectiveness in limiting contamination with this pathogen. Individual test results are not meaningful under this program because the performance standards have been established to measure performance over time; thus, multiple samples are required to make an appropriate compliance determination. FSIS is carrying out the Salmonella testing program in two phases: a pre-implementation phase and a compliance phase. The principal objective of the pre-implementation phase was to acquire test data to enable both FSIS and establishments to see how they were performing with respect to the performance standards. The pre-implementation phase began on June 1, 1997. The compliance phase begins on January 26, 1998. The effective dates for establishment compliance with the Salmonella performance standards are the same as the effective dates for HACCP implementation: January 26, 1998, for large plants; January 25, 1999, for small plants; and January 25, 2000, for very small plants. After the effective date(s), establishment failure to meet the performance standards set forth in the HACCP/Pathogen Reduction final rule will trigger enforcement action. Availability of Salmonella Testing Data Pre-implementation Salmonella testing data: This refers to Salmonella testing data collected between June 1, 1997 and the date when the HACCP regulations are applicable to an establishment. FSIS does not intend to use the data collected between June 1, 1997, and January 26, 1998, for any purpose because it did not collect as much data as originally intended; there are many incomplete sets of data. FSIS will collect pre-implementation testing data from small and very small plants and will determine appropriate use and disclosure of this data as data collection proceeds. Requests for pre-implementation data under the Freedom of Information Act will be addressed on a case-by- case basis. Compliance-phase Salmonella testing data: This refers to Salmonella testing data FSIS collects in plants subject to the HACCP requirements. FSIS will send individual establishments the results of testing on their own product upon completion of the full sample sets. In addition, plant-specific testing data will be available in accordance with the Freedom of Information Act. The Agency does not consider testing to be complete until there is a full sample set. In all cases, the Agency intends to provide an explanation of the purpose of the testing and the meaning of the data (in general terms) with any Salmonella testing data released. FSIS has no specific plans to post the Salmonella data on its website. FSIS believes that it should publish annually a report on the Salmonella testing program. The contents and format of the report have not yet been decided. Done at Washington, DC, on: March 23, 1998. Thomas J. Billy, Administrator. [FR Doc. 98-8586 Filed 4-1-98; 8:45 am] BILLING CODE 3410-DM-P