[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39819-39820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12994]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2023-0001]


Best Practices Guidance for Controlling Listeria Monocytogenes in 
Retail Delicatessens

AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of 
Agriculture (USDA).

ACTION: Notice of availability.

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SUMMARY: FSIS is announcing the availability of its updated Best 
Practices Guidance for Controlling Listeria monocytogenes (Lm) in 
Retail Delicatessens. The best-practices guidance discusses steps that 
retailers can take to prevent certain ready-to-eat (RTE) foods that are 
prepared or sliced in retail delicatessens (delis) and consumed in the 
home, such as deli meats and deli salads, from becoming contaminated 
with Lm and thus a source of listeriosis. FSIS encourages retailers to 
review the guidance and evaluate the effectiveness of their retail 
practices and intervention strategies in reducing the risk of 
listeriosis to consumers from RTE meat and poultry deli products.

ADDRESSES: A downloadable version of the guide is available to view and 
print at: https://www.fsis.usda.gov/policy/fsis-guidelines. No hard 
copies of the

[[Page 39820]]

best-practices guidance have been published.

FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant 
Administrator, Office of Policy and Program Development by telephone at 
(202) 937-4272.

SUPPLEMENTARY INFORMATION: 

Background

    Lm is a bacterium that is found in moist environments, soil, and 
decaying vegetation and can persist along the food continuum. Transfer 
of the bacterium from the environment (e.g., deli cases, slicers, and 
utensils), employees, or contaminated food products is a particular 
hazard of concern in RTE foods, including meat and poultry products, 
because they generally receive no further processing that would kill Lm 
before consumption. Listeriosis is a serious infection with a high 
mortality rate, usually caused by eating food contaminated with Lm.
    In 2013, FSIS and the U.S. Food and Drug Administration (FDA) 
conducted an interagency risk assessment on Lm to better understand the 
risk of foodborne illness associated with eating certain RTE foods 
prepared in retail delis and developed recommendations for changes in 
current practices that may improve the safety of those products. FSIS 
and FDA made their findings available to the public in the Interagency 
Risk Assessment--Listeria monocytogenes in Retail Delicatessens 
(Interagency Retail Lm Risk Assessment) (79 FR 22082). FSIS also 
published its FSIS Best Practices Guidance for Controlling Listeria 
monocytogenes (Lm) in Retail Delicatessens.
    FSIS is announcing that it has revised its best practices guidance 
in response to FSIS focus group findings \1\ and recommendations from 
the National Advisory Committee on Meat and Poultry Inspection 
(NACMPI).\2\ FSIS has also made changes to incorporate more recent 
scientific knowledge, update references to the FDA Food Code, and 
improve consistency, clarity, and overall content. For example, FSIS 
replaced the summary of findings from the Interagency Retail Lm Risk 
Assessment with a hyperlink to the risk assessment. FSIS also removed 
the recommendation that retailers should rotate sanitizers. FSIS 
relocated the Deli Self-Assessment Tool to the Appendices and added a 
glossary to the Appendices. Finally, FSIS added the following new 
sections: Sources of Listeria in Retail Firms, Active Managerial 
Control, and Risk Mitigation of Listeria monocytogenes (Lm) in Retail 
Firms. The updated best practices guidance is available at: https://www.fsis.usda.gov/guidelines/2015-0014.
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    \1\ Retail Listeria monocytogenes (Lm) Focus Group Findings 
(usda.gov).
    \2\ Available at: https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/Best-Practices-Guidance-Controlling-LM-Retail.pdf.
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    The guidance continues to provide practical recommendations that 
retailers can follow to control Lm contamination and outgrowth in the 
deli. Retailers can use the best practices guidance to help ensure that 
RTE meat and poultry products in the deli area are handled under 
sanitary conditions and are not adulterated under the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.) (see 21 U.S.C. 623(d) and 
464(e)). While these practices are specifically designed to control Lm, 
they also may help control other foodborne pathogens that may be 
introduced into the retail deli environment and other facilities where 
consumers purchase food.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication online through the FSIS web page located at: 
https://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Constituent Update is available on the FSIS web page. 
Through the web page, FSIS provides information to a much broader, more 
diverse audience. In addition, FSIS offers an email subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export 
information, regulations, directives, and notices. Customers can add or 
delete subscriptions themselves and have the option to password protect 
their accounts.

USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Mission Areas, agencies, staff 
offices, employees, and institutions participating in or administering 
USDA programs are prohibited from discriminating based on race, color, 
national origin, religion, sex, gender identity (including gender 
expression), sexual orientation, disability, age, marital status, 
family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; the USDA TARGET 
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service 
at (800) 877-8339.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.usda.gov/forms/electronic-forms, from any USDA office, by calling (866) 632-9992, or by writing a 
letter addressed to USDA. The letter must contain the complainant's 
name, address, telephone number, and a written description of the 
alleged discriminatory action in sufficient detail to inform the 
Assistant Secretary for Civil Rights (ASCR) about the nature and date 
of an alleged civil rights violation. The completed AD-3027 form or 
letter must be submitted to USDA by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410;
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: usda.gov">program.intake@usda.gov.
    USDA is an equal opportunity provider, employer, and lender.

    Done at Washington, DC.
Theresa Nintemann,
Deputy Administrator, FSIS.
[FR Doc. 2023-12994 Filed 6-16-23; 8:45 am]
BILLING CODE 3410-DM-P