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NON-FOOD SAFETY CONSUMER PROTECTION TASKS

Objectives 

After completing this module, you will be able:

1. Identify the statutes, regulations and primary directives that relate to nonfood safety consumer protection responsibilities.

2. Explain what to do when noncompliance is observed with the Non-Food

Safety Consumer Protection Tasks.

3. Explain the regulatory requirements for products that are subject to

standards of identity.

4. Explain the purpose of the Non-Food Safety Consumer Protection Tasks.

Resource Materials

• Federal Meat Inspection Act (FMIA) 

• Poultry Product Inspection Act (PPIA) 

• 9 CFR Parts 301, 313, 316, 317, 318, 319, 327, 381 Subpart P, 412,424,

441, 442, and 500

• FSIS PHIS Directive 5000.1, “Verifying an Establishment’s Food Safety

System” 

• FSIS Directive 6120.1, “Finished Product Standards Program for the New

Line Speed Inspection System and the Streamlined Inspection System” 

• FSIS Directive 6700.1 "Retained Water in Raw Meat and Poultry

Products"

• FSIS Directive 6810.1, “Grademark Labeling on Meat and Poultry Product” 

• FSIS Directive 7000.1 “Verification of Non-Food Safety Consumer 

Protection Regulatory Requirements” 

• FSIS Directive 7000.2, “Experimental and Sample Product Policy” 

• FSIS Directive 7120.1 “Safe and Suitable Ingredients Used in the

Production of Meat and Poultry Products” 

• FSIS Directive 7124.1, “Standards of Identity or Composition—Use of

Cooked or Cured Product” 

• FSIS Directive 7160.1, “Meat Produced by Advanced Meat/Bone

Separation Machinery and Meat Recovery Systems” 

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• FSIS Directive 7160.2, “’Meat” Prepared Using Advanced Mechanical

Meat/Bone Separation Machinery and Meat Recovery Systems” 

• FSIS Directive 7160.3, “Advanced Meat Recovery Using Beef Vertebral

Raw Materials” 

• FSIS Directive 7220.1, “Food Labeling Division Policy Memoranda” 

(Policy Memos 42, 44A, 57A, 66C, and 84A) (FSIS Label Policy

Memoranda (usda.gov))

• FSIS Directive 7221.1, “Prior Labeling Approval” 

• FSIS Directive 7235.1, “Mandatory Safe Handling Statements on Labeling

of Raw and Partially Cooked Meat and Poultry Products” 

• FSIS Directive 7237.1, “Labeling of Ingredients” 

• FSIS Directive 7270.1, “Sampling and Testing Procedures for Raw Poultry

Products Labeled “Fresh’” 

• FSIS Directive 7620.3, “Processing Inspector’s Calculation Handbook” 

• FSIS Directive 8080.1, Recall of Meat and Poultry Products, including

Attachment 1, “Product Recall Guidelines for Firms.”

• Food Standards and Labeling Policy Book (Food Standards and Labeling

Policy Book (usda.gov))

• Labeling Compliance Guideline (July, 2020)

• NBS Handbook 133

• NIST Handbook 44

Training

• C024, Labeling DL0514

• C028, Net Weights DL0512

• C029, Processing Determinations DL0515

(CDs available through CEDL in Outlook, and AgLearn)

Introduction 

In this module, we’ll be covering your responsibilities related to the statutes,

regulations, and directives that cover the regulatory requirements for what is

called the Non-Food Safety Consumer Protection (NFSCP), also known as

“Other Consumer Protection” or “OCP” tasks. These requirements pertain to

the quality rather than the safety of the products produced. These requirements

relate to IPP responsibilities for ensuring that products are wholesome; are

properly marked, labeled, and packaged; and are not economically adulterated or 

contain components that while not actually unsafe are undesirable.

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The highest priority in FSIS is protecting public health and food safety. The

Agency directs that inspection program personnel (IPP) focus on food safety first,

followed by food security (when specific heightened security threat condition is

declared), and yet still verify compliance with requirements that provide non-food

safety protection to consumers extended by the FMIA and PPIA. The NFSCP 

duties are the ones that are covered by Other Consumer Protection tasks to

verify that the establishments are complying with regulatory requirements

designed to protect the consumer in ways other than ensuring food safety.

Statutes 

Let’s start by reviewing the statutes in the Federal Meat Inspection Act (FMIA)

related to NFSCP requirements. The term “misbranded” is defined in 21 U.S.C.

601(n) of the FMIA. There are twelve parts to this definition. Misbranded is

defined in the FMIA as a meat product that:

• Part (1), has labeling which is false or misleading.

• Part (2), is offered for sale under the name of another food.

• Part (3), is an imitation of another food.

• Part (4), has a container that is misleading.

• Part (5), has a label that fails to show the name and place of business that

produced the product, or fails to contain an accurate statement of the

quantity of the contents of the meat product.

• Part (6), contains a label that is missing required information.

• Part (7), has a label that purports that it was produced in a manner that

follows a standard of identity, but the product does not conform to those

standards.

• Part (8), does the amount of product in the container fall below the fill

standard.

• Part (9), contains ingredients that are not represented on the label by

common names of the food.

• Part (10), makes special dietary claims but does not list the corresponding

dietary properties and information required on the label.

• Part (11), contains artificial flavoring, coloring, or chemical preservatives

that are not listed on the label.

• Part (12), requires some type of handling for a wholesome condition to be

maintained but the label fails to contain that information.

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The terms “label” and “labeling” are also defined in the FMIA as follows.

• FMIA 601(o) – The term “label” means a display of written, printed, or 

graphic matter upon the immediate container of any article.

• FMIA 601(p) – The term “labeling” means all labels and other written,

printed, or graphic matter upon any article or any of its containers or 

wrappers, or accompanying such article.

Section 607 of the FMIA covers labeling, marking, and container requirements.

Section 607(e) states that when there is reason to believe the marking or labeling

or container is false or misleading, FSIS has the authority to withhold its use until

it is modified so that it is no longer false or misleading.

There are similar provisions in the poultry statutes. The Poultry Products

Inspection Act (PPIA) 453 (h) contains similar definitions of “misbranded” and

457 contains labeling and container standards.

Regulations

The regulations related to the NFSCP requirements are extensive and detailed.

We will review the highlights of some of the key NFSCP regulations for meat and

poultry products. The new 9 CFR 418 recall regulations are addressed later in

this section.

General labeling requirements for meat products

Let’s start with some of the key regulations related to meat products. 9 CFR 317

outline all of the regulatory requirements including labeling, marking devices, and

containers. 9 CFR 317.1 states that labels are required for containers of meat

products.

9 CFR 317.2 outlines the required features of labels for meat products. Some of

the basic requirements include:

• The label must list the name of the product and ingredients.

• The name and place of business of the manufacturer must be shown.

• It must contain an accurate statement of the net weight or quantity.

• The label must not be false or misleading.

• It must list any handling (refrigeration) of the product that is required in

order to maintain the product in a wholesome condition.

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• There are also very specific requirements for safe handling instructions for 

raw or not ready-to-eat meat and meat products.

9 CFR 412.1 contains the requirements related to labeling approval. One of the

key statements is that no final labeling shall be used on any product unless the

sketch labeling of such final labeling has been submitted for approval to FSIS 

except for generically approved labels authorized for use in 9 CFR 412.2.

Currently, the organizational unit responsible for handling the approval of labels

is the Labeling and Program Delivery Staff (LPDS), Office of Policy and Program

Development. A sketch label is a printers proof or the equivalent which clearly

shows all labeling features, including the size, and location. The LPDS may

grant a temporary approval that extends up to 180 calendar days. If the label is to

be applied directly to a meat carcass, make sure that the type of ink the

establishment uses complies with 9 CFR 312 and 316, which states they must be

legible and of harmless material. FSIS requires the submission of labeling

applications for the following:

• Labels for temporary approval (9 CFR 412.1(c)(4)),

• Labels for products produced under religious exemption (9 CFR

412.1(c)(1)),

• Labels for products for export with labeling deviations (9 CFR 412.1(c)(2)),

and

• Labels with special statements and claims (9 CFR 412.1(c)(3))

9 CFR 412.2 covers generically approved labels. IPP do not generically approve

labels. Establishments do not generically approve labels. Generically approved

labels are approved by FSIS if the label meets the criteria listed in 9 CFR

412.2(b). Therefore, a label that meets one of the conditions of being a

generically approved, does not have to be submitted to FSIS for further approval.

Some generically approved labels Include labeling for:

• Products that have a standard specified, such as a standard of identity

(identifies the kind and amount of meat required in that product; e.g., hot

dogs).

• A product, such as steak, that has a single ingredient. There can be no

special claims on these generically approved labels.

• Containers of products sold under government contract specifications,

such as those sold for the school lunch program.

• Consumer test products which are not intended for sale.

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• Any label that was previously approved as a sketch by FSIS qualifies to be

used without any further approval.

As mentioned earlier, there are many more details regarding the regulatory

requirements for labeling meat products. For example, there are extensive

requirements related to nutritional labeling. These are found in 9CFR 317.300-

317.400. Nutritional labeling is currently required for all meat products intended

for human consumption except for those that are single ingredient, raw products,

such as steaks. However, nutritional labeling may be provided for these products

on a voluntary basis. We will not review these requirements in general, but you

should take time to review the regulations and become familiar with them, as

from time to time, you will need to verify that the establishment is complying with

these requirements.

Later in this module we will review some of the basic requirements for labeling

related to products that have standards of identity. But first, let’s review some of

the basic regulatory requirements of general labeling for poultry products.

General labeling requirements for poultry products

Just as there are a number of regulatory requirements related to the labeling of

meat products, there are also a number related to poultry products. They are

found in 9 CFR Subpart N of regulation 381, from 381.115 through 381.144. Here

are a few of the key parts.

9 CFR 381.115 – Require the containers of poultry products to be labeled.

9 CFR 381.118 – Covers the requirement for ingredients statements for poultry

products.

9 CFR 381.119 – States that artificial flavoring or coloring must be declared on

labels of poultry products.

9 CFR 381.120 – States that antioxidants, chemical preservatives, and other 

additives must be declared on the labels of poultry products.

9 CFR 381.121 – Requires that the label shows the quantity of the contents of

the product.

9 CFR 381.122 – Requires that the label identifies the product manufacturer,

packer or distributor.

9 CFR 381.124 – States that dietary food claims must be matched with

appropriate details on the label.

9 CFR 381.125 – Requires that if poultry products require special handling to

maintain a wholesome condition, these handling requirements 

must be listed on the label.

9 CFR 381.130 – States that false or misleading label are not permitted for 

poultry products.

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9 CFR 381.132 – Describes the labeling approval process.

9 CFR 381.133 – Covers the requirements related to generically approved

labeling. Just as was true for meat products, those products for 

which a standard of identity exists are eligible for generically

approved labels.

Standards of identity

Now, let’s review some of the regulatory requirements for products that are

subject to standards of identity. The “Definitions and Standards of Identity or 

Composition” regulations for meat and poultry products are found in 9 CFR 319

and 9 CFR 381 Subpart P, respectively.

Meat - The requirements in 9 CFR 319.1 cover the general labeling and

preparation of standardized meat products. This regulation states that products

for which standards of identity exist must have a label showing the product name

and ingredients statement and other information as appropriate. The 9 CFR

319.15-319.881 (Subparts B through U) cover the specific requirements for 

various meat products – from raw products that have only a few ingredients, to

products such as cooked sausage that may have a number of ingredients and

may go through numerous processing steps.

Here’s an outline of all the regulations covering the definitions and standards of

identity or composition (Part 319) for meat products:

Subpart A – General

Subpart B – Raw meat products

Subpart C – Cooked meats

Subpart D – Cured meat, unsmoked and smoked

Subpart E – Sausage generally: fresh sausage

Subpart F – Uncooked, smoked sausage

Subpart G – Cooked sausage

Subpart K – Luncheon meat, loaves, jellied products

Subpart L – Meat specialties, puddings, nonspecific loaves

Subpart M – Canned, frozen, dehydrated meat food products

Subpart N – Meat food entrée products, pies, and turnovers

Subpart O – Meat snacks, hors d’oeuvres, pizza, and specialty items

Subpart P – Fats, oils, shortenings

Subpart Q – Meat soups, soup mixes, broths, stocks, extracts

Subpart R – Meat salads and meat spreads

Subpart U – Miscellaneous (breaded and liver meat products) 

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Poultry - 9 CFR 381 Subpart P covers the labeling requirements for poultry

products that have standards of identity. 9 CFR 381.156 covers the requirements

for using terms such as light or dark meat on a label containing poultry products.

Similar to the regulations related to meat products, these regulations covering

poultry products specify percent of poultry light/dark meat required for the

product to meet the standard, and in some cases the type of ingredients

required/allowed, such as binders or extenders.

Here are the 9 CFR §381 Subpart P regulations covering the standards of

identity for poultry products:

381.155 – General

381.156 – Poultry meat content standards for certain poultry products

381.157 – Canned boned poultry and baby or geriatric food

381.158 – Poultry dinners (frozen) and pies

381.159 – Poultry rolls

381.160 – (Kind) burgers; (Kind) patties

381.161 – “(Kind) A La Kiev” 

381.162 – “(Kind) steak or fillet” 

381.163 – “(Kind) baked” or “(Kind) roasted” 

381.164 – “(Kind) barbecued” 

381.165 – “(Kind) barbecued prepared with moist heat

381.166 – Breaded products

381.167 – Other poultry dishes and specialty items

381.168 – Maximum percent of skin in certain poultry products

381.169 – Ready-to-cook poultry products to which solutions are added

381.170 – Standards for kind and classes, and for cuts of raw poultry

381.171 – Definitions and standards for “Turkey Ham” 

381.173 – Mechanically Separated (Kind of Poultry) 

381.174 – Limitations with respect to use of Mechanically Separated (Kind

of Poultry) 

Verification Methodology for Non-FoodSafety Tasks 

FSIS Directive 7000.1 provides general instructions for how IPP are to perform

specific verification task related to non-food safety requirements. The PHIS 

system will assign other consumer protection tasks to establishment task lists

based on the product information recorded in the establishment profile. As with

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other tasks, IPP are to schedule the tasks on the dates most appropriate for 

performing the particular verification task.

Perform the appropriate verification procedures by:

• Observing establishment product formulation,

• Verifying the accuracy of labeling,

• Observing processing procedures,

• Reviewing establishment records,

• Examining product,

• Checking product identification, condition and temperature,

• Performing a variety of other in-plant measurements, testing and

calculations, or 

• Observing slaughter practices.

There are no designated sampling plans or sample sizes that IPP are to use

when examining products to assure that the products meet non-food safety

regulatory requirements. Examine sufficient amount of product to determine

whether the product complies with regulatory requirements, such as product

standards, net weight standards, regulatory maximum or minimum limits of

ingredients or components, or product defects. Inspection program personnel are

to determine whether product complies with the regulation based on production

lots or process controls rather than on individual units of product. For example, if

one package of product fails to meet its net weight, IPP are to investigate

whether there have been problems in the process that will cause all packages to

fail the net weight requirements.

When examining product, verify product identification and evaluate the product

condition, including product temperature and storage. Where effective

establishment processing controls are evident, only limited verification activity

may be necessary.

While performing these procedures, it is possible that you may uncover 

concerns related to an establishment’s food safety systems, such as the

Sanitation SOP or HACCP plan. When this occurs, you should perform the food

safety inspection task as a directed procedure and take any necessary

enforcement actions. For example, if you are performing a routine labeling

verification procedure and discover that the establishment has included an

ingredient of public health concern in product formulation without properly

declaring the ingredient on the label, you should pursue the food safety aspects

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of the findings and perform a directed food safety procedure as instructed in

FSIS PHIS Directive 5000.1.

Inspection program personnel are not to perform directed non-food safety

verification procedures unless, during the performance of food safety verification

activities, they observe conditions or activities that cause them to suspect that

the establishment is not meeting non-food safety regulatory requirements. If,

following a preliminary assessment of such information, you have reason to

believe that non-compliant product is being or has been produced perform a

directed verification procedure and a thorough evaluation. In PHIS, document a

brief explanation of why the directed task was performed.

Specific Tasks

Now, let’s walk through each of the NFSCP tasks.

Percent Yield/Shrink/Gain

When performing this task, you’ll verify the requirements associated with percent

yield/shrink/gain.

Examples of products: bacon, BBQ meats, roasts beef, corned beef, cured

beef tongue, country ham, etc.

Regulations: 319.80; 319.81; 319.100; 319.101; 319.102; 319.103;

319.106; 319.107; 424.21 (c)

Directive: 7620.3

When performing the task select an appropriate product and verify

compliance with regulatory requirements by reviewing establishment

records and labels, calculating the % yield or shrink, and comparing the

result with the appropriate regulatory requirement. You may also verify

compliance by weighing a sample of product before and after the

appropriate step in the process (pumping, cooking, chilling, curing, drying,

etc.), calculating the % yield, shrink or gain, and comparing the result with

the appropriate regulatory requirement.

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X% Solution Labeled Products

You will verify the requirements associated with added solution only for X percent

solution labeled products. This procedure relates to the regulations regarding

false or misleading labeling or practices, because you are verifying that the

percent of a solution added to a product does not exceed the regulatory

requirements.

Examples of products: cured pork products, ham patties, chopped ham,

ready-to-cook poultry products, turkey ham, corned beef, beef brisket, etc

Regulations: 317.2 (c); 317.8; 381.129, 381.169, 319.104, and 319.105 (in

these regulations, the sections that apply are those covering X% label

products) 

Directive: 7620.3

FSIS Issuances: Policy Memos 57A, “Labeling Turkey Ham Products

Containing Added Substances” 

Policy Memos 42, “Labeling of Raw Bone-in Poultry Products Containing

Solutions” 

Policy Memos 44A, “Labeling of Raw Boneless Poultry Products

Containing Solutions” 

Policy Memos 66C, “Uncooked Red Meat Products Containing Added

Substances” 

Policy Memos 84A, “Cooked Red Meat Products Containing Added

Substances” 

When performing this task select an appropriate product and verify

compliance with X% labeling requirements by reviewing establishment

records and labels, calculating the % added solution and comparing the

results with the X% labeling declaration. You may also verify compliance

by weighing a sample of product before and after the appropriate step in

the process (pumping, curing, drying, etc.), calculating the % added

solution, and comparing the result with the X% labeling declaration.

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MSP/MSKP/PDBFT/PDPFT/AMR products

You will verify one of the requirements depending on the type of product that is

being produced: Mechanically Separated Pork (MSP), Mechanically Separated

Kind of Poultry (MSKP), Partially Defatted Beef Fatty Tissue (PDBFT), and

Partially Defatted Pork Fatty Tissue (PDPFT), and Advanced Meat Recovery

(AMR) products.

Regulations: 319.5; 319.15; 319.29; 318.24; 381.173

Directives: 7160.1; 7160.2; 7160.3, Rev. 1

When performing this task select an appropriate product and verify

compliance by reviewing establishment records and labels, or by

observing the preparation of products, and comparing the findings to the

standards listed in the regulations. Also, take samples as directed.

To verify compliance:

• check product identification, condition, temperature, holding

time/temperature;

• examine bones (for example, two intact portions of bones) before

and after the meat recovery systems in order to observe condition

and conformation;

• review establishment laboratory results and compare findings with

the appropriate regulatory standard, and

• collect samples as directed.

Batter/Breading

You will verify the requirements associated with batter and breading.

Examples of products: breaded products, breaded patties, breaded meat

cuts, fritters

Regulations: 319.880; 381.166

Directives: 7220.1; 7620.3

Here’s what you should do when performing this task. Select an

appropriate product and verify compliance with the batter and breading

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regulatory requirements by reviewing establishment records to calculate

final % batter/breading and comparing the findings to the standards listed

in the regulations. You may also verify compliance by performing batter 

and breading pickup tests on one or more subgroups (according to the

plant’s QC programs) or batches of the product.

Labeling - Product Standards

You will verify the requirements for product standards.

Examples of products: miscellaneous beef products, sausage,

frankfurters, luncheon meats, chili con carne, meat stews, tamales, and

others (see Directive 7000.1) 

Regulations: 319.15; 319.140-145; 319.160; 319.180-182; 319.260-261;

319.280-281; 319.300-313; 319.500; 319.700-703; 319.720-721; 319.760-

762; 319.881; 381.156-168; 381.170-171.

Directives: 7220.1, Rev. 3; 7620.3

When performing this task select an appropriate product and verify

compliance by reviewing establishment records and labels, or observing

the preparation of products and comparing the findings to the appropriate

regulatory standards. To verify some regulatory requirements, calculations

will need to be performed to determine specified components, such as

%fat, or %water.

Child Nutrition (CN)/Grade Labeling/Declared Count/Vignette

You will verify the requirements related to false or misleading labeling or 

practices, including specific prohibitions and requirements for labels and

containers, and wording on labels of immediate containers.

Examples of products: All types of products

Regulations: 317.2; 317.8; 381.116

Directives: 6810.1; 7222.1

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When performing this task select product and verify that the labeling is

used on appropriate product and that there is a label approval on file.

Remember that products for which there is a standard of identity can use

generically approved labels.

Net weights

You will verify the requirements related to net weights whether the containers are

catch weight or bear a stated net content.

Examples of products: All types of products that carry a net weight

statement.

Regulations: 442.1-442.5

References: NBS Handbook 133 and NIST Handbook 44

Note: FSIS has determined that both handbooks mentioned above should

be used as the definitive references for determinations of net weight

compliance.

When performing this task select an appropriate retail-sized packaged

product and verify net weight regulatory requirements by reviewing

establishment records and conducting net weight/drained weight checks,

scale calibration checks (certification and accuracy), and calculating

average tare weights. For QC inspection verification, follow the QC

program requirements after first evaluating the program to ensure that

following the program results in compliance with net weight regulatory

requirements.

General Labeling

The General Labeling task applies to all products that bear a label. For example,

it includes verifying the requirements related to standards of identity.

Example of products: All products

Regulations: 316; 317; 318; 319; 327.10(d); 327.26; 381; 412, 424.21;

441.10

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Directives: 6700.1; 7120.1; 7235.1; 7270.1; 7620.3

When performing this procedure select an appropriate product and verify

that the label contains all required information, the ingredients statement is

accurate (i.e., that all ingredients are listed in descending order of

predominance and any proteinaceous substances used in the formulation

are declared in the ingredients statement), restricted ingredients are used

as per regulatory requirements, the label is used on appropriate product,

and that there is a label approval on file. When verifying restricted

ingredient requirements or ingredients statement compliance, observe the

establishment formulating product and compare to the approved label.

NOTE: Proteinaceous substances can cause adverse reactions (i.e.,

allergic and non-allergic) in certain individuals, and therefore, such

substances are of a food safety concern if not clearly declared in the

ingredients statement.

When verifying imported products verify that the establishment meets the

regulatory requirements for pre-stamping.

Livestock Finished Product Standards

The Livestock Finished Product Standards task applies to carcasses, boneless

meat, returned products, product reconditioning, reinspection, retention, and

disposal of meat products at official establishments; and to requirements 

concerning procedures, ingredients, and other articles used in preparation of

products.

Examples of products: boneless meat, meat carcasses, pork skins for 

popping

Regulations: 318.2; 318.5; 318.6

When performing this task select an appropriate product/procedure and

verify these regulatory requirements by reviewing establishment records

and/or observe plant performance of activities. You may perform direct

examination of the product, if warranted, to verify that the product is not

economically adulterated or misbranded, per 9CFR 318.2(b).

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Poultry Finished Product Standards

The Poultry Finished Product Standards task covers finished product standards,

rework/reprocess/salvage products, poultry carcasses, poultry products and

other articles entering or at official establishments, examination and other 

requirements, returned products, and good commercial practices for poultry

slaughter.

Regulations: 381.1; 381.76; 381.78; 381.84; 381.86; 381.9(b); 381.145;

381.65(b) 

When performing this procedure verify compliance by performing:

• Pre-chill FPS tests

• Post-chill FPS tests

• Reinspection of carcasses and giblet

• Inspection of returned products

• Inspection of rework products

• Observation of product condition

• Observation of slaughter practices

Sample Collection for Non-FoodSafety Verification

Inspection program personnel may perform directed non-food safety sampling

activities when they observe conditions or activities that cause them to suspect

that the establishment is not meeting non-food safety regulatory requirements

and testing is the only means available to determine noncompliance, for 

example, a finished product in which formulation cannot be verified without

laboratory testing. When IPP believe a Collector Generated sample is warranted,

notify the supervisor by e-mail explaining why a Collector Generated sample is

warranted and obtain approval before proceeding. In PHIS, add a sample

request task to the task calendar for the date of sampling, using the most

appropriate project code.

When inspection program personnel take a sample of product, they should notify

establishment management. This will provide management the option to hold all

product represented by the sample, pending the sample results.

Inspection Methods 43-16
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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When IPP collect samples for species testing, they are to collect at least one

pound of product and put it in a plastic bag supplied by the laboratory. If the

product is in a natural casing, IPP are to collect a sample just prior to stuffing.

IPP complete all requested information in PHIS on the Sample Management

screens, submit the form to the laboratory electronically, and print the sample

form to include with the sample.

IPP are to attach product label showing an ingredient statement to the printed

sample form before packing the sample. Also, they are to follow all instructions

previously discussed for sealing, packing, and shipping the sample.

Sample results will be reported on the LIMS-Direct intranet site for receipt

information and sample results. For species adulteration concerns, the laboratory

will test the product against a panel of species anti-sera. Species results that

correlate with the ingredient statement are reported as “Acceptable”, and species

results that indicate a species not declared on the ingredient statement is

present, or one of the species on the ingredient statement is not present, are

reported as “Not Acceptable”.

Enforcement 

Product compliance determinations are made based on non-food safety

regulatory requirements, including product standards, net weight standards,

regulatory minimum or maximum limits of ingredients or components, or product

defects. If product is found to exceed any of the maximum limits, falls below the

minimum requirements, or fails to meet any of the other regulatory requirements,

there is noncompliance. As mentioned before, determinations of noncompliance

should be based on production lots or process controls rather than on individual

units of product. Use professional judgment and consult with your supervisor for 

assistance when necessary. Notify the establishment management immediately

when noncompliance is found. Inspection program personnel are to issue NRs

when they determine the process are out of control, resulting in economically

adulterated or misbranded product.

Consider any relevant factors when determining the amount of noncompliant

product involved. Factors to be considered include factual information such as

the establishment’s lot identification procedures, receiving records, and

production records, as well as those facts that can be reasonably ascertained

Inspection Methods 43-17
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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based on the average amount of product produced per shift or per production

line. When necessary, consult with the supervisor for assistance in determining

the extent of product involvement.

When noncompliance is found, take the appropriate regulatory control actions,

such as retention of product, rejection of equipment or facilities, stopping lines, or 

refusing to allow the processing of specifically identified product (9 CFR

500.1(a)), if it is determined that misbranded or economically adulterated product

would otherwise enter commerce or be shipped from the establishment.

Additionally, FSIS may rescind or refuse approval of false or misleading marks,

labels, or sizes, or forms of any container for use with any meat or poultry

product per 9 CFR 500.8. If it is determined that economically adulterated or 

misbranded product has entered commerce, FSIS will expect establishments to

implement recall procedures.

Repeated Noncompliances - Inspection program personnel should associate

the NRs when noncompliances are from the same cause, as described in FSIS 

PHIS Directive 5000.1and are to notify the District Office (DO) through

supervisory channels when plant management is unwilling to meet regulatory

requirements. The DO may notify the establishment in writing that the repeat

noncompliances may lead to a regulatory control action (9 CFR 500.1-3) that

would affect the entire production of the product in question because product

may be economically adulterated or misbranded. Whenever a regulatory control

action is taken, such action will remain in place until the DO receives written

assurances from the establishment indicating what procedures the establishment

has instituted to regain and maintain process control to meet regulatory

requirements. The DO will make a determination whether those procedures

appear to correct the problem. Additionally, to determine the effectiveness of the

actions, IPP will verify that the establishment’s corrective actions are adequate 

and are operating as described in the establishment’s response.

The DO may notify the Compliance and Investigations Division if there is a

reason to believe that non-food safety noncompliances involve the shipment of

economically adulterated or misbranded product or criminal intent to defraud the

consumer.

Examples of Noncompliance Situations

• IPP find that a carcass in the cooler has a large and heavy blood clot that

would increase the weight of the carcass in such a way to reduce its quality,

Inspection Methods 43-18
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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and the establishment has failed to address the situation. The blood clot is an

example of an “inferiority that has been concealed” because it could not be

seen until the carcass was chilled.

• IPP find that after the boning process the boneless product does not

represent “boneless meat” because the number of bone fragments, and the

establishment has failed to address the situation. (Labeling – Product

Standards)

• Raw corned beef exceeds the % added solution stated on the label (X%

Added Solution task).

• Finding 1.2 % bone solids content for Mechanically Separated Poultry (MSP

task) which exceeds the bone solids allowed.

• Batter/breading was higher than allowed based on product standards, for 

example, 32% for breaded chicken breast (Batter/Breading task).

• Smoked bacon failed to return to green weight-102% yield (%Yield/Shrink

task).

• Under-weight product (product does not accurately contain the net weight

stated on the label).

• Product does not meet requirements that are specified in the applicable

standard of identity for the product, for example, product labeled “ground

beef” which contains more than 30% fat (Labeling – Product Standards).

Inspection Methods 43-19
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Workshop: Other Consumer Protection Tasks 

Choose the best answer:

1. Which of the following represents the definition of the term “misbranded” in

the Statutes?

a. A product with labeling that is false or misleading.

b. A product with a label that does not show the name and place of

business that produced the product.

c. A product that is subject to standards of identity but was not

produced to follow those standards.

d. All of the above.

2. Which of the following is NOT true about labeling approval?

a. Sketch labels must show the size, location, and final color of the

label.

b. Temporary approval of labels may be granted.

c. A single ingredient product with no special claims must have label

approval.

d. Some labels have generic approval.

3. Which of the following represents what you should do when performing

Other Consumer Protection tasks?

a. Observe establishment product formulation, labeling, packaging,

preparation, and processing procedures.

b. Examine product and review establishment records.

c. Check product identification, condition and temperature.

d. Perform a variety of in-plant measurements, testing and

calculations.

e. All of the above.

Inspection Methods 43-20
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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4. When observing product formulation, you should do which of the

following?

a. Verify product formulation and compliance with permitted amounts

of restricted ingredients.

b. Verify all ingredients used in formulating the product are listed on

the label in descending order of predominance and any

proteinaceous substances used in the formulation are declared in

the ingredient statement.

c. Verify compliance with standards of identity and composition

regulatory requirements.

d. All of the above

5. Which one of the following should you do when establishment processing

controls appear to be effective?

a. Count defects.

b. Direct your attention to establishment records.

c. Direct your attention to areas in the process not covered by

establishment controls.

d. Review product formulation.

6. It is appropriate to perform directed NFSCP verification tasks when you

suspect regulatory requirements are not being met.

a. TRUE 

b. FALSE

7. Make determinations of noncompliance based on an individual unit of

product.

a. TRUE 

b. FALSE

Inspection Methods 43-21
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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8. What should you do when noncompliance with an NFSCP requirement is

found?

a. Issue an NR.

b. Notify the establishment orally of the finding.

c. Determine the amount of noncompliant product involved.

d. Take appropriate regulatory control actions if without such action a

misbranded or economically adulterated product would be shipped

from the establishment.

e. All of the above.

9. When performing the %Yield/Shrink/Gain to verify compliance with

regulatory requirements, you should do which of the following?

a. Select an appropriate product.

b. Review establishment records and labels.

c. Calculate % yield, gain, or shrink and compare result with

regulatory compliance.

d. Be familiar with the regulatory requirements.

e. All of the above

10.For %Yield/Shrink/Gain, you verify compliance by weighing a sample of

product before and after the appropriate step in the process (pumping,

cooking, chilling, curing, drying, etc.), calculating the % yield, gain, or 

shrink, and comparing the result with the appropriate regulatory

requirement.

a. TRUE 

b. FALSE

11.What should you do when performing the X% Solution Labeled Products

task to verify compliance with regulatory requirements?

a. Select an appropriate product for verification.

b. Review establishment records and labels, calculating the % added

solution and comparing the results with the X% labeling declaration.

c. Weigh a sample of product before and after the appropriate step in

the process (pumping, curing, drying, etc.), calculating the % added

solution, and comparing the result with the X% labeling declaration.

d. All of the above.

Inspection Methods 43-22
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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12.What should you do when performing the

MSP/MSKP/PDBFT/PDPFT/AMR task to verify compliance with regulatory

requirements?

a. Call the DO prior to performing verification.

b. Review establishment safety records.

c. Observe the preparation of products and, compare the findings to

the standards listed in the regulations.

d. None of the above.

13.What should you do when performing the Product Standards task to verify

compliance with regulatory requirements?

a. Select an appropriate product for verification.

b. Review establishment records and labels, or observe the

preparation of products and compare the findings to the appropriate

regulatory standards.

c. For some regulatory requirements, perform calculations to

determine specified components, such as % fat, or % water.

d. All of the above.

14.What should you do when performing the Net Weight task to verify

compliance with regulatory requirements?

a. Select an appropriate wholesale-sized product for verification.

b. Review establishment records and conduct net weight/drained

weight checks, scale certification and accuracy, or calculate

average tare weight checks.

c. For QC inspection verification, follow HACCP requirements.

d. None of the above.

15.When performing the General Labeling task to verify compliance with

regulatory requirements, you should do all of the following except:

a. Verify that the label contains all required information.

b. Verify that restricted ingredients are used as per regulatory

requirements by observing the establishment formulating product

and comparing it to the approved label.

c. Verify that the establishment has a label approval on file.

d. Verify that a copy of the label is on file in the inspection office.

Inspection Methods 43-23

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Attachment: Other Consumer ProtectionTasks Job Aid

Task Name 9 CFR References FSIS Issuance Inspection Personnel Verification Activities

References

Percent 9 CFR §319.107, Directive 7620.3 Verify certain products that have a specified

Yield/Shrink §319.80, §319.81, “Processing %Yield/Shrink as part of their Standard of Identity

§319.100, Inspectors’ are met and not misbranded. 

§319.101, Calculations 1. Select an appropriate product and

§319.102, Handbook” 2. Verify compliance with regulatory requirements by

§319.103, Chapters 11, 12, & reviewing establishment records and labels,

§319.106, 13; % gain, %shrink calculating the % yield or shrink, and comparing

§424.21(c) & %yield the result with the appropriate regulatory

requirement. In addition,

3. Verify compliance by weighing a sample of product

before and after the appropriate step in the process

calculating the % yield or shrink, and comparing

the result with the appropriate regulatory

requirement.

X Percent (%) 9 CFR §319.104*, Labeling Policy Verify products that contain Percent (%) Added

Solution §319.105*,

§381.129,

§381.169,

§317.2(c), §317.8

*NOTE: Applies

only to sections of

319.104 and

319.105 covering

X% labeled

products.

Book FLD Policy

Memos 42, 44A,

57A, 59, 66C, 84A

Solution meet regulatory standards and are not

misbranded. *NOTE: Applies only to X% Labeled

Products

1. Select an appropriate product and

2. Verify compliance with X% labeling requirements by

reviewing establishment records and labels,

calculating the % added solution and comparing

the results with the X% labeling declaration. In

addition, inspection program personnel are to.

3. Verify compliance by weighing a sample of product

before and after the appropriate step in the process

(i.e., pumping, curing, drying, etc.), calculating the %

added solution, and comparing the result with the

X% labeling declaration.

MSS; MSP; 9 CFR §318.24, FSIS Directives Verify Mechanically Separated, Partially Defatted,

PDBFT; PDPFT; §319.5, §319.15(e), 7160.1, 7160.2, and Advanced Meat Recovery Products meet

PDCB; PDCP;

AMRS

§319.29, §381.173 7160.3 regulatory requirements.

1. Select an appropriate product and

2. Verify compliance by reviewing establishment

records and labels, or by observing the preparation

of products, and comparing the findings to the

standards listed in the regulations.

In addition, inspection program personnel are to

take samples as directed.

3.Verify compliance, inspection program personnel

should:

-check product identification, condition,

temperature, and holding time/temperature.

-examine bones (for example, two intact portions

of bones) before and after the meat recovery

systems in order to observe condition and

conformation.

-review establishment laboratory results and

compare findings with the appropriate regulatory

standard

-take samples as directed.

Inspection Methods 43-25
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other Consumer Protection Tasks

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Task Name 9 CFR References FSIS Issuance

References

Inspection Personnel Verification Activities

Batter & Breading 9 CFR §319.880,

§381.166

FSIS Directive

7620.3 Chapter 14,

Directive 7220.1,

Labeling Policy

Book FLD Policy

Memo 089

Verify batter and breading of applicable products

meets regulatory requirements and product is not

misbranded.

1. Select an appropriate product,

2. Verify compliance with the batter and breading

regulatory requirements by reviewing establishment

records to calculate final % batter/breading, and

comparing the findings to the standards listed in the

regulations.

In addition, inspection program personnel are to:

3. Verify compliance by performing batter and breading

pickup tests on one or more subgroups (according to

the plant’s QC programs) or batches of the product.

Livestock Finished 9 CFR 310.22, FSIS Directive Verify Livestock products are wholesome and not

Product Standards 318.1, 318.2, 318.5, 7000.1 adulterated.

and 318.6 1. Verify compliance with the appropriate regulations

and corresponding establishment quality control

programs and records.

2. IPP should observe to the extent possible the

locations where the establishment’s processing

controls are evident.

3. IPP need not count individual defects to make a

judgment on a finished production lot. Inspection

program personnel need to base determinations of

product compliance by making determinations

regarding product usability. The products should

not pass inspection if defects are severe or

numerous enough to affect the usability of the

product.

4. The purpose of product examination that inspection

program personnel are to perform is to determine

whether standards are being met. Determinations

of acceptability should be based on production lots

and process controls rather than on individual units

of product.

5. If necessary, IPP should consult with their

Frontline Supervisor for assistance in determining

noncompliance. The Technical Service Center

(TSC) will provide additional guidance to assist with

determining noncompliance.

Poultry Finished

Product Standards

Verify poultry products are produced in a safe,

wholesome manner and not misbranded.

Inspection Methods 43-26
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Task Name 9 CFR References FSIS Issuance Inspection Personnel Verification Activities

References

Labeling - Product 9 CFR §319.15, FSIS Directives Select an appropriate product and

Standards §319.140, 7620.3, 7220.1 1. Verify compliance by reviewing establishment

§319.141, records and labels; or observe the preparation of

§319.142, products and compare the findings to the

§319.143, appropriate regulatory standards.

§319.144, 2. Verify some regulatory requirements, by performing

§319.145, calculations to determine specified components, such

§319.160, as % fat, or % water.

§319.180,

§319.181,

§319.182,

§319.260,

§319.261,

§319.280,

§319.281,

§319.300,

§319.301,

§319.302,

§319.303,

§319.304,

§319.305,

§319.306,

§319.307,

§319.308,

§319.309, §319.310

Child 9 CFR §317.2, FSIS Directives Select product and

Nutrition/Grade

Labeling/ Declared

Count/Vignette

§317.8, §381.116, 6810.1, 7222.1 1. Verify that the product’s label is correct and a label

approval is on file

Labeling - Net 9 CFR §317.18, NBS Handbook Select an appropriate retail-sized product and

Weights §317.19, §317.20,

§317.21, §317.22,

§381.121a,

§381.121b,

§381.121c,

§381.121d,

§381.121e,

§442.1-442.5

133 NIST

Handbook 44

* FSIS inspectors

are to use these

handbooks as the

definitive

references for

determinations of

net weight

compliance.

1. Verify net weight regulatory requirements by

reviewing establishment records and conducting

net weight/drained weight, scale calibration, or tare

weight checks.

2. Follow the QC program requirements after

evaluating the program to ensure that following the

program results in compliance with net weight

regulatory requirements.

Inspection Methods 43-27
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Task Name 9 CFR References FSIS Issuance

References

Inspection Personnel Verification Activities

General Labeling CFR Part 316, Part

317, Part 318, Part

319, §319.6

§327.10(d),

§327.26, Part 381, 

§381.174, Part 412,

§424.21, §441.10

FSIS Directives

7120.1, 7620.3,

7640.1, 6700.1,

7235.1, 7270.1,

Revision 1

1. Verify that:

a. the label contains all required information;

b. the ingredients statement is accurate, (i.e.,

that all ingredientsare listed in descending

order of predominance);

c. the label declares any proteinaceous

substances* used in the ingredients

statement;

d. the establishment used restricted ingredients

as per regulatory requirements;

e. the label is used on appropriate product; and

a label approval is on file.

2. Verify the establishment meets the regulatory

requirements for pre-stamping of imported product.

When verifying restricted ingredient requirements or

ingredient statement compliance, inspection program

personnel are to observe the establishment formulating

product and compare to the approved label.

* NOTE: Proteinaceous substances can cause adverse

reactions (i.e., allergic and non-allergic)in certain

individuals, and therefore, such substances are of a

food safety concern if not clearly declared in the

ingredients statement.

Economic 9CFR §301.2, FSIS Directives Directed sampling for economic wholesomeness

Verification §381.1, §318.9, 10,210.1, 7355.1, issues. Misbranding/economic adulteration

Sampling §381.1, §381.146 10,240.3, 10,520.1 sampling, directed and unscheduled sampling

Economic Testing and Criteria

Randomly select an appropriate product for

verification.

To verify compliance, inspection program personnel

are to select and process samples and mail to the

designated laboratoryas scheduled, or when there is

reason to believe that product does not complywith

regulatory requirements.

Directed Sampling Economic Testing and Criteria

1. Verify compliance by collecting, processing and

mailing samples (bacon, species testing, 

advanced meat recovery products, mechanicallyseparated species, etc.) to the designated

laboratory, upon request from computer-generated

instructions, or upon instructions from the Frontline

Supervisor or District Office, or Washington

Headquarters.

Inspection Methods 43-28
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Task Name 9 CFR References FSIS Issuance Inspection Personnel Verification Activities

References

Custom Exempt 9CFR §303.1, FSIS Directive Verify that custom exempt operations in official

§316.6, §317.6, 5930.1 Revision 4 establishments meet regulatory requirements and

§320.1, §381.10, do not impact inspected products or operations.

§381.14, §381.15, Custom Exempt/Retail Exempt

§381.175 1. Verify the establishment is conducting customexempt/retail-exempt operations in accordance with

all applicable regulatory requirements including

time/space separation and adequate procedures to

assure that product does not bear the mark of

inspection. . Actions are taken by the establishment

or FSIS determines that the standards have not been

met. This includes actions to ensure that

misbranded/mislabeled products do not enter

commerce.

2. The custom exempt task is performed by IPP to

verify that custom exempt products

(uninspected) are properly separated from

inspected products in a manner that prohibits

adulteration of products that bear the mark of

inspection. The custom exempt task primarily

involves two procedures:

• Verify that there is proper segregation of

custom (uninspected) product from inspected

product.

• Verify that custom exempt products are

properly identified and marked as "not for sale".

Retail Exempt 9 CFR 303.1(d),

381.10(d)

Verify that retail exempt operations do not interfere

with inspected products/operations

The establishment is conducting retail-exempt

operations in accordance with all applicable regulatory

requirements including time/space separation and

adequate procedures to assure that product does not

bear the mark of inspection. Actions are taken by the

establishment when either FSIS or the establishment

determines that the standards have not been met. This

includes actions to ensure misbranded/mislabeled

product(s) do not enter commerce.

Other Inspection 9CFR §307.2, FSIS Directives Verify other inspection requirements Other

Requirements 307.4(d), 307.7, 5000.1, 5220.1, Requirements:

310.1, , 310.2, 1. Verify inspection and Reprocessing Stations meet

310.3, 310.4, 310.7, the criteria set forth in regulations to ensure they are

318.3, 320.6, adequate for the purpose and do not pose a public

381.36, 381.37(d), health hazard.

381.67, 381.68, 2. Verify that line speeds do not exceed regulatory

381.71(a),381.76, limits.

381.77, 381.91, 3. Verify that efficient inspection can be performed on

418.2, and 418.3 carcasses and parts.

4. Verify actions are taken by the establishment or

FSIS determines that the standards have not been

met. This includes actions to ensure that

misbranded/mislabeled products do not enter

commerce.

Inspection Methods 43-29
 

 

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Inspection Methods 43-30