Tag: FSIS

USDA To Declare Salmonella An Adulterant in Some Raw Poultry

  • On August 1, the USDA’s FSIS announced that it will declare Salmonella an adulterant in breaded and stuffed raw chicken products. Breaded and stuffed raw chicken products will be considered adulterated when they exceed 1 colony forming unit (CFU) of Salmonella per gram. Products that exceed the limit would be subject to regulatory action. FSIS believes the limit of 1 CFU/gram will significantly reduce the risk of illness from consuming such products.
  • Breaded and stuffed raw chicken products have been associated with up to 14 food safety outbreaks and approximately 200 illnesses since 1998. The products at issue are those found in the freezer section and that appear to be cooked, but are only heat-treated to set the batter or breading; the products contain raw poultry. FSIS has found that continual efforts to improve product labeling have not reduced consumer illnesses.
  • FSIS is expected to publish a notice in the Federal Register in the fall and will be seeking public comments on whether a different standard for adulteration (i.e., zero tolerance or one based on specific serotypes) would be more appropriate, an implementation plan, and a verification testing program.
  • This announcement is part of FSIS’ effort to reduce Salmonella illnesses associated with poultry. In October 2021, USDA announced that it was reevaluating its Salmonella control strategy. USDA plans to present a proposed framework for a new comprehensive strategy to reduce Salmonella illnesses attributable to poultry in October and convene a public meeting to discuss in November.

Article By The Food and Drug Law Practice Group at Keller and Heckman LLP

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USDA Removes Standard for “Jambalaya”

On May 29, 2019, the USDA Food Safety and Inspection Service (FSIS) announced in a letter that it will remove the entry for Jambalaya from the Food Standards and Labeling Policy Book (Policy Book).  The change came in response to a 2013 petition from Zatarain’s, a Louisiana-based food company owned by McCormick & Company, Inc., that requested FSIS revise the entry for Jambalaya in the Food Standards and Labeling Policy Book.  The previous Policy Book entry for Jambalaya stated “[p]roduct must contain at least 25 percent cooked ham and one other meat or seafood must be included.  A New Orleans dish involving rice and ham and usually tomatoes (shrimp or other shellfish, other meat or poultry), together with seasonings.  Must show true product name, e.g., ‘Ham and Shrimp Jambalaya.’”

Zatarain’s petition stated Jambalaya is a dish with ingredients that vary greatly, and consumers do not always expect Jambalaya to contain ham and tomatoes.  It went on to say Creole Jambalaya recipes usually have tomatoes but Cajun recipes usually do not, and some Jambalayas contain chicken and shrimp while others have sausage and onions.  The petition included Jambalaya recipes and statements from several New Orleans chefs, all of which indicated Jambalaya includes a heavy portion of rice, but the chef can choose what kind of protein to include, if any.  The petition proposed FSIS revise the Petition Book entry to say the dish can contain meat, seafood, and/or vegetables, but that it must be comprised of at least 50% rice.  The New Food Economy  published an article with more on the chefs that supported the petition and the history of Jambalaya.

Instead of revising the entry, FSIS removed it from the Policy Book entirely.  FSIS states that for a product to now be labeled as Jambalaya, it must have “amenable levels” of meat or poultry and must state the common or usual name on the label.  Removing the entry from the Policy Book is in keeping with a general movement away from standards that restrict innovation and will accommodate the many variations of Jambalaya in the marketplace, including those without any ham.  The final policy is included in the May 31, 2019 Constituent Update.

 

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