G/SPS/N/USA/3381  
2 May 2023  
(23-3076) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved:   
2. Agency responsible:  US Department of Agriculture (USDA), Food Safety and Inspection 
Service (FSIS)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Poultry and poultry products  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Proposed Determination and Request for Comments: 
Salmonella  in Not -Ready -To-Eat Breaded Stuffed Chicken Products . Language(s):  
English . Number of pages:  23 
https://www.fsis.usda.gov/sites/default/files/media_file/documents/FSIS -2022-0013.pdf  
https://www.regulations.gov/document/FSIS -2022-0013-0001 
https://members.wto.org/crnattachments/2023/SPS/USA/23_9355_00_e.pdf  
6. Description of content:  The U S Department of Agriculture, Food Safety and Inspection 
Service (FSIS) is proposing to declare that not -ready -to-eat (NRTE) breaded stuffed 
chicken products that contain Salmonella  at levels of 1 colony forming unit (CFU) per gram 
or higher are adulterated  within the meaning of the Poultry Products Inspection Act (PPIA). 
Although the labeling of these products has undergone significant changes over time to 
better inform consumers that they are raw and to provide instructions on how to prepare 
them safely, N RTE breaded stuffed chicken products continue to be associated with 
Salmonella  illness outbreaks. Therefore, FSIS has concluded that domestic public health 
measures that focus primarily on product labeling and consumer handling practices have 
not been effe ctive in preventing additional foodborne illnesses associated with NRTE 
breaded stuffed chicken products. FSIS is also proposing to carry out verification 
procedures at regulated facilities, including sampling and testing of the chicken component 
of these products prior to stuffing and breading, to ensure producing establishments 
control Salmonella  in these products.  
FSIS invites interested persons to submit comments on this proposed determination and 
the proposed verification procedures. FSIS specifically requests comments on alternative 
bases for determining adulteration of breaded stuffed NRTE products. Please submit 
comments on or before 27 June 2023.  
Full text for this Federal Register notice (88 FR 26249) and instructions for submitting 
comments can be  accessed at: https://www.regulations.gov/document/FSIS -2022-0013-
0001. G/SPS/N/USA/3381  
 
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  7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
Information available on the USDA FS IS website:  
https://www.fsis.usda.gov/policy/federal -register -rulemaking/federal -register -
rules/salmonella -not-ready-eat-breaded -stuffed  (available in English) . 
10. Proposed date of adoption (dd/mm/yy) : To be determined.  
Proposed date of publication (dd/mm/yy) : To be determined.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : To be determined.  
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 27 June 2023  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
For further information contact: Rachel Edelstein, Assistant Administrator, USDA FSIS 
Office of Policy and Program Developmen t by telephone at +(202) 937 4272.  
13. Text(s) available from: [  ] National Notification Authority, [  ] National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
https://www.fsis.usda.gov/sites/default/files/media_file/documents/FSIS -2022-0013.pdf