CRIMES WITHOUT CONSEQUENCES - gpvec

Crimes Without ConsequenCes
The USDA-FSIS can reject establishments proposed for certification and can also delist
currently certified establishments based on deficiencies discovered during document
review, on-site audits and port-of-entry inspection. Decisions to delist plants are usually
made by the foreign country inspection officials, but the FSIS takes the initiative to delist
if the country officials fail to do so. 171 Delisting of foreign plants is a common occurrence.
For example, of 30 slaughter and processing plants certified by France’s food inspection
agency since 2002, all but one has been delisted at some point. 172
Daily inspection of USDA-FSIS foreign-certified establishments is performed by the
relevant foreign inspection officials. The USDA also requires periodic supervisory visits
by a representative of the foreign inspection service. 173 The FSIS itself conducts annual
audits of all countries eligible to export meat products to the United States, and also
performs additional enforcement audits of countries demonstrating deficiencies during
annual audits. Audits include a review of documents and on-site visits to a random
sample of slaughter and processing establishments, the latter being performed by FSIS
technical experts, accompanied by the foreign country inspection officials. According
to the FSIS, on-site audits, which are scheduled in advance, review daily inspection
procedures in establishments, including the humane handling and slaughter of animals. 174
FSIS personnel typically note numerous deficiencies in food safety and enforcement
procedures during audits. For example, for 21 slaughter and processing plants included
in a 2004 audit of Mexico’s inspection system, a multitude of enforcement actions were
taken: three certified plants were delisted, one proposed plant was rejected, three plants
received a Notice of Intent to Delist, three plants were cited for product contamination,
12 plants were cited for inadequate HACCP 175 implementation, 10 plants were cited for
inadequate SSOP 176 implementation, and 19 of the 21 plants were cited for inadequate
government enforcement. 177
Reports of foreign country audits are available on the website of the FSIS Office
of International Affairs. Although the reports of foreign country audits state that
observations were made for humane handling and humane slaughter, very few audits
cited deficiencies in these areas. A review of 120 reports from 2004 through 2007
yielded only seven references to deficiencies in humane handling and/or humane
approved for meat export. See USDA-FSIS, Office of International Affairs, Eligible foreign establishments.
(http://www.fsis.usda.gov/regulations_&_policies/Eligible_Foreign_Establishments/index.asp)
171 Personal communication from Karen Stuck, assistant administrator, Office of International Affairs,
November 22, 2006.
172 See USDA-FSIS, Office of International Affairs, Eligible foreign establishments. (http://www.fsis.usda.gov/
regulations_&_policies/Eligible_Foreign_Establishments/index.asp)
173 On August 3, 2006, the USDA-FSIS published a final rule changing the frequency of supervisory visits from
monthly to “periodic.” See Federal Register, Vol. 71, No. 149, p. 43958.
174 Communication from Karen Stuck. See also USDA-FSIS, Office of International Affairs, Foreign audit
reports. (http://www.fsis.usda.gov/regulations_&_policies/Foreign_Audit_Reports/index.asp)
175 Hazard Analysis Critical Control Points.
176 Sanitation Standard Operating Procedures.
177 USDA-FSIS, Office of International Affairs, Draft final report of an audit carried out in Mexico covering
Mexico’s meat and processed poultry inspection system, April 20 to May 4, 2004. (http://www.fsis.usda.gov/
OPPDE/FAR/Mexico/Mexico2004.pdf)
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