U.S. Department of Agriculture

Food Safety and Inspection Service

Limited English Proficiency Plan

for

Federally Conducted Programs

2020-2022
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TABLE OF CONTENTS

 

I. Introduction .................................................................. Page 3

II. Legal Authority............................................................... Page 3

III. Agency Mission................................................................ Page 3

IV. Policy......................................................................... Page 3-4

V. Definitions.................................................................. Page 4-5

VI. Federally Conducted Programs .......................................... Page 5

VII. Agency Plan and Four Factor Analysis .............................. Page 5-6

VIII. Services Provided to LEP Persons..................................... Page 6-7

IX. LEP Training for Agency Employees.................................... Page 7

X. Communication Plan........................................................ Page 7

XI. Roles and Responsibilities.................................................. Page 8

XII. Evaluation of Services....................................................... Page 8

XIII. Planned Activities.......................................................... Page 8-9

Attachments

Attachment #1 – LEP Release Acknowledgement Form

Attachment #2 – Communication Plan
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I. Introduction

This Limited English Proficiency (LEP) plan was developed to ensure equal access to services 

provided by the Food Safety and Inspection Service (FSIS) for persons with limited English 

proficiency. LEP persons are defined as individuals who do not speak English as their primary 

language, and who have a limited ability to read, write, speak, or understand English. This plan 

will be reviewed and updated bi-annually.

II. Legal Authority

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin in 

the delivery of services or benefits funded by the Federal government. Under this law, federally 

assisted programs must ensure that activities normally provided in English are accessible to LEP

persons and thus do not discriminate on the basis of national origin in violation of Title VI’s 

prohibition against national origin discrimination. Executive Order 13166, “Improving Access 

to Services for Persons with LEP,” dated August 11, 2000, provides further direction requiring

that Federal agencies provide meaningful access to federally assisted programs and activities for 

LEP persons. In addition, the Order requires that Federal agencies create plans to provide LEP 

persons with meaningful access to federally conducted programs and activities. 

In August 2000, the Department of Justice (DOJ) issued guidance for agencies to follow in 

creating plans to make Federal services, activities, and programs accessible for LEP persons. The 

guidance provided the following four factors for agencies to consider when developing their LEP 

plans: (1) the number of LEP persons in the eligible service population or likely to be 

encountered in recipient activities and programs; (2) the frequency with which LEP persons

come into contact with the program; (3) the importance of the service or information provided by 

the program; and, (4) the resources available to the recipient of Federal funds.

III. Agency Mission

FSIS is the public health agency in USDA, responsible for ensuring that the nation's commercial 

supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and 

packaged.

IV. Policy

It is FSIS’ policy to ensure that reasonable steps are taken to provide meaningful access and an 

equal opportunity to participate in services, activities, programs, and other benefits to individuals 

whose first language is not English. This policy includes providing oral interpretation or written 

translation of vital documents and other information to LEP persons and their authorized 

representatives. All interpreters, translators, and other aids needed to comply with this policy 

will be provided without cost to the person being served. Further, LEP persons and their 

authorized representatives will be informed of the availability of such assistance free of charge.

This plan will be distributed to the FSIS workforce and should be used as a guide with respect to 

Agency employees’ interactions with LEP customers. A desk guide that provides information on 
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securing translation and interpretation services is also available to FSIS employees. 

Additionally, all FSIS employees are required to complete LEP training. 

V. Definitions

Agency – A major program organizational unit of the Department with delegated authorities to 

deliver programs, activities, benefits, and services.

Agency Head – Departmental Under Secretaries, Deputy Under Secretary, Directors, Chiefs, 

and Administrators within the Office of the Secretary who receive delegated authority under 7 

C.F.R. Agency Heads report to and receive their delegated Authorities from Under or Assistant 

Secretaries as Prescribed in 7 C.F.R. 

American English – A set of dialect/language used mostly in the United States.

Bilingual – The knowledge and ability to understand, speak, read, and write fluently in two 

languages easily.

Certified Interpreter – An individual who is certified to provide interpretation services at a 

level of fluency, comprehension, impartiality, and confidentiality appropriate to the specific 

nature, type, and purpose of the information being interpreted. 

Discrimination – The unfavorable treatment or consideration of, or making a distinction in favor 

of or against, a person based on the group, class, or category to which that person belongs rather 

than on individual merit.

Federally Conducted Program – Program services, benefits, resources or information delivered 

directly to the public by the Federal government. 

Interpretation – Listening to communication in one language and orally converting it to another 

language while retaining the same meaning.

Language Access – Efforts by an agency or organization to make its programs and services 

accessible to individuals who are not proficient in English.

Language Assistance Services – Interpretation or translation services that assist LEP persons in 

understanding or communicating in another language.

Limited English Proficient Person – An individual who does not speak English as his or her

primary language and has a limited ability to reason, speak, write, or understand English.

Translation – The process of transferring ideas expressed in writing from one language to 

another.

Translator – A person who converts language into an alternative form of communication, so it 

is understandable to persons who communicate differently.
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Vital Document – Paper or electronic written material that contains information that is critical 

for accessing a program or activity, or is required by law, such as consent forms, applications, 

and notices of rights.

VI. Federally Conducted Programs

FSIS has three Federally Conducted programs. These programs serve establishments within the 

United States and are guided by the following:

Federal Meat Inspection Act – Provides inspection for all meat products sold in interstate 

commerce and re-inspection of imported products to ensure that they meet U.S. food 

safety standards.

Poultry Products Inspection Act – Provides inspection for all poultry products sold in 

interstate commerce and re-inspection of imported products to ensure that they meet U.S. 

food safety standards.

Egg Products Inspection Act – Provides inspection for all egg products sold in interstate 

commerce and re-inspection of imported products to ensure that they meet U.S. food 

safety standards.

VII. Agency Plan and Four Factor Analysis

The Agency’s plan is based on the four-factor analysis, which is used to determine the 

appropriate language assistance services to ensure that an LEP person has meaningful access to 

the Agency’s programs and activities. The four factors on which this plan is based are: 

 

Factor 1: Determine the number or proportion of LEP persons eligible to be served or 

likely to be encountered by the program.

To determine the number or proportion of LEP persons encountered during program 

delivery, the Agency: 

A. Gathered and reviewed demographic data for languages primarily spoken in 

geographic areas serviced by FSIS. This enabled the Agency to determine the top 

four languages that FSIS employees encountered. 

B. Reviewed and analyzed data collected by contract translators and interpreters to 

determine: (1) the nature of the contact with LEP persons; and (2) the breadth and 

scope of language services that are needed. 
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Factor 2: The frequency with which LEP persons come in contact with the program.

To determine the frequency with which LEP persons come in contact with FSIS 

programs, services, and activities, the Agency utilized information gathered from the 

translation and interpretation contractors to determine the frequency of contacts and the 

languages being requested. 

Factor 3: The nature and importance of the program, activity, or service provided by 

FSIS to LEP Persons.

To determine the nature and importance of FSIS programs, activities, or services 

provided to LEP persons, the Agency: 

A. Identified the programs, services, and activities that could have a serious consequence 

to program access and receipt of services, benefits, and activities if language barriers 

impact the ability of LEP persons to fully participate.

B. Determined the potential impacts that inability to access FSIS services, programs, or 

activities may have on the LEP person. 

For example: Foodborne illnesses are preventable public health challenges that 

cause an estimated 48 million illnesses and 3,000 deaths each year in the United 

States. They are illnesses that come from eating contaminated food. The onset of 

symptoms may occur within minutes to weeks, and foodborne illness often 

presents itself as flu-like symptoms, as the ill person may experience symptoms 

such as nausea, vomiting, diarrhea, or fever. Because the symptoms are often flulike, many people may not recognize that the illness is caused by harmful bacteria 

or other pathogens in food. If LEP persons do not have access to information 

related to the proper handling of food in their language, it could result in 

foodborne illnesses.

Factor 4: Determine the resources available to assist LEP Persons and costs to the 

Agency.

To determine the resources available to assist LEP persons and the costs associated with 

those resources, the Agency explored the most cost-effective means of delivering 

competent and accurate language services. As a result, the Agency secured Agency-wide 

contracts for its interpretation and translation needs.

VIII. Services to LEP Persons 

The top four languages that FSIS employees primarily encounter when interacting with LEP 

persons are: (1) Spanish; (2) Arabic (3) Mandarin; and (4) Vietnamese. To meet the needs of 

these individuals, the Agency has established contracts for interpretation (oral) and translation

(written) services. In addition to the Agency’s top four languages, the contract supports other 
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languages as necessary. The need for interpretation and translation services for other languages 

will be assessed on an as needed basis using the four-factor analysis. 

The Agency provides the following services to LEP persons:

Oral interpretation – The Agency provides oral interpretation by certified contractors. At 

the point of first contact with an LEP person, the Agency employee: (1) determines

whether the individual is an LEP person by determining his or her primary language; and

(2) secures the appropriate language assistance service. An individual’s primary 

language is identified using language identification posters displayed in work units, the 

District Offices, and any other office that services LEP persons. 

Written Translations –The Agency translates documents determined to be vital, e.g., 

guidance for industry developing Hazard Analysis and Critical Control Point System 

Plans; Grant of Inspection Procedures; and procedures on how to apply for a grant of 

inspection. 

If the LEP person elects not to use the service provided, FSIS employees are to document the

fact that the services were offered using Attachment #1.

IX. LEP Training for Agency Employees 

All employees are required to complete LEP training. The training, entitled FSIS-Limited 

English Proficiency, is available to all employees through the AgLearn system. Hard copies of 

the training are also available to employees without computer access. Employees who are new 

to the Agency will receive a copy of the training with the orientation package. To obtain a hard 

copy of the training, please contact AskCRD@usda.gov. 

The training includes the following information: 

• Background including definitions of LEP, legal authorities, and internal policies; 

• Four Factor Analysis;

• Agency specific data;

• Actions to take when encountering an LEP person; 

• Notification requirements for informing the public of free LEP services; and

• Efforts to track LEP contacts.

X. Communication Plan

The Agency’s communication plan provides guidance to FSIS employees regarding how to 

ensure that interpreting and translating services are provided to LEP customers. See Attachment 

#2. 
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XI. Roles and Responsibilities

FSIS Administrator 

Ensures that there is adequate funding and that other resources are available to provide 

effective and efficient oral interpretation and written translation services to LEP persons.

Program Areas and District Offices

Ensure that employees complete required LEP training and that LEP resources are 

disseminated to Program Area and District Office employees.

Civil Rights Staff 

1. Ensure the FSIS LEP plan is developed in accordance with Departmental Regulation 

4330-005, Section 7b and submitted to the Office of the Assistant Secretary for Civil 

Rights (OASCR).

2. Coordinate the implementation of FSIS’ LEP plan Agency-wide.

3. Ensure FSIS has translation and interpretation resources available to Agency employees. 

4. Provide guidance on how to use translation and interpretation services.

5. Serve as the point of contact to address concerns from LEP persons.

6. Ensure training is available to employees who interact with LEP persons.

7. Ensure that the Agency’s LEP plan is updated and distributed bi-annually, to include 

distribution to the OASCR.

XII. Evaluation of Services

To monitor the effectiveness of the Agency’s LEP plan, FSIS reviews feedback provided by 

customers who have utilized the services and address areas of concern as they arise. In addition, 

the Agency conducts annual compliance reviews wherein specific questions regarding the 

Agency’s LEP program are asked. This feedback assists the Agency in determining employees’

knowledge of LEP requirements and resources, as well as, assess their interactions with LEP 

customers. 

XII. Planned Activities

During FY 2018 and FY 2019, the Agency implemented its LEP Program to ensure that services 

were being provided to all LEP customers adequately and effectively. Activities that are planned 

for the next three years are also outlined below: 

FY 2020

• Secure interpretation and translation contracts

• Evaluate the quality of interpretation and translation contract services

• Track usage of interpretation and translation services

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Attachment #1

LEP Release Acknowledgement Form

I hereby affirm that I offered language assistance or interpreter services at no cost to 

_______________________________ and the services were declined. I explained that the use of 

a family member or friend for the aforementioned services could result in a breach of 

confidentiality, violating his/her individual privacy, and could disclose sensitive and confidential 

information that he/she would not like disclosed.

Name (Printed): ________________________________________ Date: _______________

Signature: _____________________________________________
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Attachment #2

Food Safety and Inspection Service

Limited English Proficiency (LEP)

Communication Plan

Guidance for Providing Services to 

LEP Customers

Purpose of Communication Plan

It is the Food Safety and Inspection Service’s (FSIS) policy to ensure that reasonable steps are 

taken to provide meaningful access and an equal opportunity to participate in services, activities, 

programs, and other benefits to individuals whose first language is not English. The purpose of 

this communication plan is to provide guidance to FSIS employees regarding how to ensure that 

interpreting and translating services are provided to Limited English Proficient (LEP) customers. 

For the purpose of the plan, LEP customers are defined as individuals who conduct business with 

FSIS who do not speak English as their primary language and have a limited ability to reason, 

speak, write or understand English. This plan does not apply to individuals who are employed 

by FSIS. 

This communication plan will ensure that oral interpretation and written translation of vital 

documents and other critical information is provided to LEP persons and/or their authorized 

representatives. All interpreters, translators, and other aids needed to comply with this plan will 

be provided without cost to the LEP customer. LEP customers and their authorized 

representatives will be notified of the availability of such assistance free of charge.

Language assistance for LEP customers will be available through the use of certified contractors 

that provide interpretation and translation services. In addition, LEP assistance may be provided 

by FSIS employees who are certified in speaking the language being requested. 

Procedures for Providing Language Assistance to LEP Customers

At the point of first contact with an LEP person, the FSIS employee will determine whether the 

person has limited English proficiency by determining his or her primary language. An LEP 

customer’s primary language can be identified by utilizing one of the following methods or a 

combination of both: 

A. Language identification posters displayed in work units that service LEP person(s): The 

Agency will provide language identification posters to all Program Areas and District 

Offices. Posters should be displayed in locations where they can be easily seen by the 

LEP customer upon entering the FSIS facility. If additional posters are needed, Program 

Areas and District Offices should contact the Agency’s Civil Rights Staff at 1 (800) 269-

6912 or by email at AskCRD@usda.gov.
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Obtaining Interpreting Services for LEP Customers: Once a determination is made that LEP 

services are needed, the FSIS employee should initiate contact with the Agency’s contract 

interpreter by following the guidance provided in FSIS’ Instructions for Connecting with an 

Interpreter resource document. Once contacted by the FSIS employee, the contract 

interpreter will assist with ensuring that interpretation services are provided. The FSIS 

employee should be prepared to provide the contract interpreter with a description or 

summary of the information that will need to be interpreted. At all times while service is 

being provided, the FSIS employee will facilitate the interpretation services to provide 

assistance to the contract interpreter and the LEP customer, as needed. The LEP customer 

should not simply be provided the telephone number to the contract interpreter. The Agency 

will provide qualified interpreters 24 hours a day, 7 days a week. 

Contractor for Translating Services: Once a determination is made that LEP services are 

needed, the FSIS employee, in coordination with the Program Area liaison and Office of 

Policy and Program Development (OPPD), will initiate contact with the Agency’s contractor 

for translation services. Once contacted by OPPD, the translation contractor will assist with 

ensuring that translation services are provided to the LEP customer. The FSIS employee 

should ensure that documents provided to the contractor for translation are accurate. In 

addition, the documents should reflect the exact information to be translated. At all times 

while service is being provided, OPPD will serve as the liaison between the contract 

translator and the Program Area liaison. The LEP customer should not simply be provided 

the telephone number to the contract translator. Certified translation services will be 

provided within a minimum of 72 hours upon request and no later than 30 days depending 

upon the urgency of the request. 

The FSIS employee will be responsible for coordinating with the appropriate Agency personnel 

(e.g., OPPD, Agency’s contracting office, budget staff, Civil Right Staff, etc.) to make certain 

the appropriate paperwork and procedures are completed to ensure proper award and payment to 

the contractor.

If interpretation or translation services are offered to the LEP customer and refused, the FSIS 

employee must complete FSIS’ LEP Release Acknowledgement Form, Attachment #1, and 

maintain with LEP files. 

LEP Training for FSIS Employees

This communication plan will be posted on the intranet to inform the FSIS workforce and should 

be used as guidance with respect to Agency employees’ interactions with LEP customers. In 

addition, all FSIS employees will have access to LEP training that will include:

• Definition of LEP

• Executive Order 13166

• Procedures for Addressing the Needs of LEP Customers

• Types of Language Services
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Notifying LEP Customers of Available LEP Services

To ensure that LEP customers are aware of the interpretation and translation services that are 

made available by the Agency, FSIS will release:

1. Notices and posters that will be displayed in FSIS offices and facilities. 

2. Notifications on the Agency’s web sites.

Monitoring Language Services 

On an annual basis, FSIS will assess the effectiveness of translation and interpretation services 

being provided to LEP customers and make changes or adjustments as necessary. The 

assessment will review complaints filed regarding LEP services, results from compliance 

reviews, and feedback received from LEP customers. 

This communication plan is subject to change as necessary, in accordance with the needs of the 

Agency or the customers being served. 

Questions regarding this communication plan should be directed to the Civil Rights Staff at 

1 (800) 269-6912.