# Presentation: 721669

## OPPED Correlationwith State Directors 5/31/2007

- Custom Exempt Review Process FSIS Directive 5930.1, Rev. 3, 4/26/07

## Key Points of Directive

- Re-issued to update the review process
- Last updated 1992
- Focus on facilities not on product
- SPS Regulations issued 1999
- Regulation 416.1-5 applicable
- Added requirements for control of Specified Risk Materials (SRMs)
- FSIS Organizational changes
- Review of operations, Not Inspections

## Custom Slaughter or Processing

- Exempt from inspection requirements if slaughtered or processed for owner of animal or product for use in household or non-paying guests
- Custom operators must meet non-inspection provisions of Acts and certain regulations, i.e., 416.1-5
- Custom operations in Inspected plants meet 416.1-16

## Custom Slaughter or Processing

- FMIA and PPIA require custom operators to ensure that carcasses and products are:
- Not adulterated or misbranded
- Prepared under sanitary conditions
- Properly marked and packaged
- Stored separately from inspected products
- PPIA (21 USC 464(c)(1)(B) – Custom poultry operators cannot buy or sell poultry, e.g., inspected poultry plant cannot provide custom service for poultry

## Who Conducts Reviews 

- Custom Reviews at Federal Plants conducted by OFO inspection personnel
- Custom Reviews at Custom Facilities conducted by FSIS Personnel DMs and OPEER RMs will coordinate based on resources and Agency priorities
- Custom Reviews in Non-designated States conducted by State Program in “Equal-to” manner
- Program monitored by OPEER on State Review

## Review Methodology

- Review broken down into major areas of concern:
- A. Recordkeeping and Documentation
- B. Sanitation and Facilities Maintenance
- C. Pest Control
- D. Inedible Material Control
- E. Marking and Labeling Custom Products
- F. Pathogen Control
- G. Water Supply
- H. Sewage and Waste Disposal

## Review Methodology

- FSIS Form 5930-1   Developed to record findings
- Each area of concern has series of questions to prompt reviewers thinking
- Form and questions are not a checklist
- Unacceptable - non compliant - findings to be recorded with details to support enforcement actions if warranted – supporting statutory of regulatory cites included

## Review Methodology

- Focus of reviews should be:
- Are facilities maintained in a manner to prevent the adulteration of product
- Are Custom products segregated from inspected product
- Are Operations Conducted eligible for exemption, for example:
- Does Poultry Custom Operator buy and sell poultry
- Are custom products sold

## Frequency of Reviews

- Reviews conducted periodically
- Operations found in compliance typically reviewed once per year
- Follow-up reviews scheduled more frequently based on:
- Compliance history
- Observed adulterated or misbranded product
- Recordkeeping non-compliance
- Sanitation non-compliance
- Consumer complaints
- Available resources

## Enforcement Actions

- Document and fully describe non-compliant findings (FSIS will use form 5930-1)
- DM or RM decide when follow-up reviews are warranted
- Failure to correct deficiencies documented in letters to custom operators
- Continued failure to operate in compliance with statures or regulations, Agency moves to remove custom eligibility – operators to cease custom operations