Agreement IV -- Sharing microbiological testing data gathered from AMS-approved suppliers

This agreement sets forth policy for sharing data and related information for establishments that sell
meat, poultry, egg products, and Siluriformes to AMS for the National School Lunch Program and other
federal nutrition assistance programs. AMS and FSIS agree:

AMS shall notify (or shall have an AMS-designated laboratory (ADL) notify) FSIS when a sample is
found presumptive and/or positive for any pathogen designated in AMS Federal Purchase
Program Specifications for an applicable commodity.

e AMS shall ship pathogen isolates recovered through its testing program to the FSIS Eastern
Laboratory (FSIS EL). Salmonella isolates from raw products shall be shipped monthly.
Salmonella isolates from ready-to-eat products, and isolates of Listeria monocytogenes and of
any Shiga toxin-producing Escherichia coli (STEC) shall be sent immediately upon confirmatory
testing by the ADL.

e At least annually, AMS shall provide to FSIS a list of AMS employees, with email contact
information, who should be notified by FSIS of (i) presumptive and positive pathogen sample
results from FSIS testing, (ii) outbreak investigations, and (iii) FSIS recall committee conferences.

e¢ AMS shall notify FSIS of any AMS-approved vendors it has debarred.

e AMS shall provide FSIS microbiological testing data and any related information from AMS-
approved vendors upon request.

e FSIS shall notify AMS of presumptive and positive pathogen results via the FSIS Biological
Information Transfer Email System (BITES).

e FSIS shall provide to AMS results of all further characterization of pathogens received from AMS
by FSIS EL.

e Atleast annually, FSIS shall provide to AMS a list of FSIS employees, with email contact
information, who should be notified by AMS of presumptive and positive pathogen sample
results from AMS testing.

e FSIS shall include AMS in weekly epidemiologic conference calls discussing active and emerging
outbreaks.

e FSIS shall invite AMS to participate in recall committee meetings and related discussions
pertaining to products originating at FSIS inspected establishments and produced for federal
nutrition assistance programs.

e FSIS shall provide AMS microbiological testing data and any related information from AMS-
approved vendors upon request.

Approved and Accepted for Approved and Accepted for
the Agricultural Marketing Service the Food Safety and Inspection Service

; ERIN MORRIS o3i2szstywons ; te
Signed by: Signed by: <A Ze¢cci/ lie

Date: Date: May 20, 2020


Agreement No. 12-25-MU-509

MEMORANDUM OF UNDERSTANDING
Between

The Agricultural Marketing Service
United States Department of Agriculture

and

The Food Safety and Inspection Service
United States Department of Agriculture

ARTICLE 1 — PURPOSE

This Memorandum of Understanding (MOU) consolidates into one document MOUs entered between
the Agricultural Marketing Service (AMS) and the Food Safety and Inspection Service (FSIS) from 1982 to
2014, focusing on agreements pertaining to the AMS Livestock and Poultry (LP) Program. Its purpose is
to help ensure agreements entered by AMS and FSIS are readily located, streamlined, and current.
Included in this consolidated MOU are agreements for:

¢  Cross-utilization of inspection and grading personnel

e Authorization of AMS officials to detain product for wholesomeness or sanitary concerns
¢ Defining roles and responsibilities for Export Verification (EV) programs

e Sharing microbiological testing data gathered from AMS-approved suppliers

In addition to consolidating into one document these various agreements, this MOU establishes a clearly
defined period for which it will be in force (5 years from the date of signature) and clarifies that AMS
and FSIS will review with an intent to renew the MOU prior to its expiration. Any agreement in this
MOU may be amended or terminated by mutual consent of the parties in writing, and it may be
terminated by either party upon 60 days written notice to the other party.

ARTICLE 2 —- BACKGROUND

Under authority of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621, et seq.), AMS administers
programs that create domestic and international marketing opportunities for U.S. producers of food,
fiber, and specialty crops. The AMS LP Program services the meat, poultry, egg, fish, feedstuffs, and
related industries.


FSIS implements and enforces the Federal Meat Inspection Act (21 U.S.C. 601, et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451, et seq.), and the Egg Products Inspection Act (21 U.S.C. 1031, et
seq.) by inspecting and regulating meat, poultry, and processed egg products prepared for commerce
and used as human food.

Because the AMS and FSIS interact closely on issues related to the marketing, safety, and
wholesomeness of livestock, poultry, and meat, the two agencies have entered multiple MOUs over the
years.

This MOU consolidates previous agreements that pertain to meat, poultry, and egg items. Legal
authority for the agreements comes from the statutes above mentioned. N
othing in the MOU lessens the responsibilities of AMS or FSIS under their statutory authorities.

ARTICLE 3 - AGREEMENTS UNDER THIS MOU
Agreement | - Cross-utilization of inspection and grading personnel

This agreement sets forth policy for cross-utilization of employees of the AMS LP Program’s Quality
Assessment Division and those of the Office of Field Operations, FSIS. The Department provides grading
and inspection services in the most efficient and cost-effective way practical. Accordingly, AMS and FSIS
agree:

Program managers shall determine locations where cross-utilization is possible and shall
cooperate to assure efficient utilization of personnel.

Program managers shall assure that cross-utilized employees meet the job qualifications and are
properly trained for each specific assignment.

e Training costs shall be borne by the agency for which personnel are being trained. E.g., costs of
training an AMS grader to perform FSIS inspection activities shall be borne by FSIS.

© Cost for relief personnel to backfill for personnel undergoing training shall be borne by the
agency employing the trainee. E.g., costs of backfilling for an AMS grader that is being trained to
perform FSIS inspection activities shall be borne by AMS.

e Funds for personnel salary and overhead costs shall be mutually agreed upon by the agencies
and, if needed, transferred between agencies via reimbursable agreement.

Agreement II — Authorization of AMS officials to detain product for wholesomeness or sanitary
concerns

This agreement delegates retention authority vested in FSIS to the AMS LP QAD. Delegated retention
authority is limited to products or facilities of questionable wholesomeness and sanitation and applies in
the absence of an FSIS inspector. It is limited to those operations or departments of establishments
where AMS activities, i.e., grading, auditing, and related items, are being performed. AMS and FSIS
agree:


e AMS shall distribute FSIS inspection procedures to all meat and poultry graders, auditors, and
supervisors.

AMS shall ensure its personnel properly apply U.S. Retained/U.S. Rejected tags to identify
products and/or facilities noncompliant with inspection requirements.

e AMS shall notify the local FSIS inspector and provide details for any instance in which AMS
personnel apply U.S. Retained/U.S. Rejected tags; and, upon request by FSIS, provide any
additional information or assistance required to correct the situation.

e AMS shall return both portions of the U.S. Retained/U.S. Rejected tags to the local FSIS inspector
upon resolution of the situation.

e FSIS shall provide AMS appropriate inspection procedures for retaining unwholesome product
and/or suspending unsanitary operations.

e FSIS shall provide AMS an adequate supply of U.S. Retained/U.S. Rejected tags.

e FSIS shall make all final determinations regarding product wholesomeness and of equipment
and facility sanitation.

Agreement II — Roles and responsibilities for Export Verification (EV) programs

This agreement defines roles and responsibilities of AMS and of FSIS as they relate to oversight of meat
and poultry exports associated with EV programs. AMS and FSIS agree:

e AMS shall review and approve companies as eligible suppliers of meat and poultry under USDA
EV programs.

e AMS shall maintain a public website to describe EV program product requirements for individual
countries. AMS shall keep the website up to date and shall include on it an “Official Listing of
Eligible Suppliers.”

e AMS shall assure approved EV programs require establishments to maintain copies of all EV
program audit reports and that establishments discuss the audit reports with FSIS personnel at
the weekly scheduled meeting between establishments and FSIS officials.

e AMS shall notify FSIS of any EV program delisting within 24 hours of the delisting.

e AMS shall, for those countries with requirements restricting export of specific products, assure a
list of establishments and products intended for export is maintained in the establishment’s
Quality System Manual.

e FSIS shall ensure inspection personnel certifying product for export under an EV program are
appropriately trained.

e FSIS shall, should it develop concerns that an AMS-approved establishment is not properly
executing its EV program, (i) notify AMS via email of its concerns and (ii) if applicable, not sign
export applications or certificates for the product in question.

e FSIS shall notify AMS via email if the application or certificate for export or if the product is not
acceptable because an EV requirement has not been met.

e FSIS shall host the EV/Export ShareWeb site and assure it is accessible to all appropriate FSIS
personnel via e-authentication.

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