MAY 2 3 2008 

AGREEMENT BETWEEN THE 

UNITED STATES DEPARTMENT OF AGRICULTURE 

OFFICE OF INSPECTOR GENERAL 

AND THE 

FOOD SAFETY AND INSPECTION SERVICE 

1. Purpose 

This document (hereinafter Agreement) sets forth an agreement between the United States 

Department of Agriculture (USDA) Office oflnspector General (OIG) and the Food Safety 

and Inspection Service (FSIS) regarding surveillance, investigation, enforcement, and other 

activities conducted under the Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (FMIA)), 

the Poultry Products Inspection Act (21 U.S.C. §§ 451-471 (PPIA)), the Egg Products 

Inspection Act (21 U.S.C. §§ 1031-1056 (EPIA)), the Humane Methods of Slaughter Act 

(7 U.S.C. §§ 1901-1906 (HMSA)), the Federal Anti-Tampering Act (18 U.S.C. § 1365, 

35 U.S.C. § 155A), the Whistleblower Protection Act (5 U.S.C. § 1221(e) (WPA)), the 

Inspector General Act of 1978 (5 U.S.C. app.3, §§ 1-12 (IG Act)), and related laws and 

regulations. 

2. Jurisdiction/ Authorities 

a. FSIS 

FSIS is the public health agency within USDA responsible for administration and 

enforcement of the FMIA, PPIA, EPIA, HMSA, and related laws and regulations. 

Pursuant to these and other statutory authorities, FSIS' Office of Program Evaluation, 

Enforcement and Review (OPEER), Compliance and Investigations Division (CID), 

Evaluation and Enforcement Division (EED), and Internal Control and Audit Division 

(ICAD) conduct surveillance, investigations, enforcement, and other activities and take 

and initiate appropriate sanctions to enable the Administrator, FSIS to effectively 

discharge program and enforcement responsibilities. FSIS enhances public health by 

protecting the public from foodbome illness and ensures that the Nation's meat, poultry, 

and egg products are safe, secure, wholesome, and correctly labeled and packaged. 

b. OIG 

Pursuant to section 2 of the IG Act, Congress established Offices of Inspectors General to 

serve as independent and objective units within Government Departments and agencies to 

promote economy, efficiency, and effectiveness in the administration of, and prevent and 

detect fraud and abuse in the programs and operations of such Departments and agencies. 

Toward that end, OIG conducts investigations, audits, inspections, and reviews related to 

USDA programs and operations; provides leadership and coordination and recommends 

policies for activities designed to provide economy, efficiency, and effectiveness, as well 

as to prevent and detect fraud, waste, and abuse; and keeps the Secretary and Congress 

informed of problems and deficiencies in the administration ofUSDA's programs and 

operations, including any need for and progress of corrective actions. Additionally, OIG 
special agents have been granted law enforcement authority through section 1337 of the 

Agriculture and Food Act of 1981, 7 U.S.C. § 2270. This provision authorizes properly 

designated special agents to carry firearms, conduct searches and seizures, execute 

warrants for arrest, and in certain circumstances, make arrests without a warrant. 

Departmental Regulation No. 1700-2, OIG Organization and Procedures (DR 1700-2), 

also sets forth "a statement of OIG's organization, authority, responsibility, policies and 

procedures, and the related responsibilities of USDA officials and employees." 

3. Roles 

For purposes ofthis Agreement: 

a. It is the role of OIG to: 

(1) Provide oversight to investigative activities within the Department, including such 

activities of PSIS. 

(2) Report to the Secretary and Congress on such investigative oversight. 

(3) Maintain independent investigative authority over certain activities. 

(4) Serve as the Department's liaison with other Federal law enforcement agencies 

related to certain investigative activities. 

b. It is the role of PSIS to: 

(1) Coordinate and effectively administer program and enforcement responsibilities 

under the FMIA, PPIA, EPIA, HMSA and related laws and regulations by conducting 

surveillance, investigations, enforcement, and other activities and by taking and 

initiating enforcement actions and sanctions to fulfill program responsibilities, 

including referrals for criminal and civil sanctions in which PSIS has or may have an 

interest. 

(2) Conduct employee misconduct investigations pursuant to the WP A. This provision in 

no way precludes OIG from performing its duties and responsibilities under the 

WPA. 

(3) Provide laboratory services as requested by OIG to the extent of each laboratory's 

capabilities and make available scientific and technical personnel as consultants on an 

as needed basis. 

4. Liaison and Coordination 

a. The Administrator, PSIS designates the following PSIS officials as PSIS Liaison 

Officers, who will serve as liaisons with OIG's Assistant Inspector General for 

Investigations, Headquarters managers, and/or OIG regional Special Agents-in-Charge 

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(SAC) and their designees for FSIS surveillance, investigations, enforcement, and other 

activities. 

(1) Assistant Administrator, OPEER. Except as provided for in paragraph 4.b., below, 

this official is the primary liaison with OIG. 

(2) Directors of CID, EED and ICAD. 

(3) CID Regional Managers. 

b. Notwithstanding paragraph 4.a., above, the OPEER Division Directors serve as the 

primary liaisons in the following specific areas: 

(1) CID Director serves as the liaison for civil and criminal investigations. 

(2) EED Director serves as the liaison for all enforcement actions pertaining to FSIS 

cases and joint OIG-FSIS cases. 

(3) ICAD Director serves as the liaison for all personnel misconduct investigations and 

has responsibility for coordinating the terms of this agreement. 

c. OIG and FSIS, jointly and separately, will actively promote at both the Headquarters and 

field locations cooperation and mutual support and ensure the effective and efficient use 

ofresources to achieve USDA's goal of protecting the health and safety of the public and 

its employees. 

5. Reporting Requirements 

Pursuant to paragraph 7f( 4) of DR 1700-2, OIG and FSIS may enter into individualized 

agreements setting forth matters that must be reported to OIG as opposed to matters that may 

be handled by an agency's compliance or enforcement unit. Therefore, in addition to those 

matters that must be reported to OIG pursuant to DRl 700-2, when inquiry or investigation by 

FSIS results in any of the following conditions, the appropriate FSIS Liaison Officer will 

promptly report the circumstances to OIG Headquarters or to the appropriate regional SAC. 

a. Alleged criminal acts involving the illegal slaughter of dead, down, diseased, or disabled 

animals and/or the processing, sale, offer for sale, and/or transportation of any meat and 

poultry products derived from such animals. 

b. Circumstances relating to official misconduct or job-related activity by any full-time or 

part-time employee ofFSIS where the substantiation of the alleged misconduct by that 

employee could lead to a penalty ofremoval and/or criminal prosecution. 

c. Circumstances involving allegations of criminal theft, fraud, or violations of Federal 

criminal statutes by FSIS employees. 

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d. Extortion. 

e. Circumstances requiring investigation of FSIS issues where the mere appearance of a 

conflict of interest would necessitate that OIG conduct the investigation. 

f. Alleged violations ofthe Federal Anti-Tampering Act. 

g. Matters that are likely to require the use of special investigative techniques (i.e., 

execution of search warrants, consensual monitoring, extraordinary surveillance, or 

undercover activities). 

h. Food defense incidents involving large-scale foodborne illness outbreaks potentionally 

caused by intentional contamination ofthe Nation's food supply with threat agents. FSIS 

shall coordinate such incidents with OIG's Emergency Response Team, where 

appropriate. 

1. Cyber Security incidents that require forensic examination of IT assessor data or the 

seizure of equipment not located on FSIS or Federal government premises. 

J. Any other matters wherein FSIS believes that OIG involvement or assistance will better 

serve the interests ofthe Department. 

6. Referral Procedures 

a. The OPEER Directors and/or CID Regional Managers will facilitate referrals made to 

OIG Headquarters or to the appropriate OIG SAC and/or requests for investigation 

pursuant to section 5, above, by: 

(1) Providing known facts and pertinent information concerning surveillance, 

investigation, and/or enforcement activities or allegations to facilitate the decision to 

initiate an investigation. 

(2) Contacting by telephone, in advance of any written request for an investigation, when 

the matter warrants immediate attention by OIG. 

(3) Curtailing any further investigation or inquiry into alleged violations referred to OIG 

without prior coordination with or receipt of a declination from OIG, except where 

food safety exigencies or the physical safety of FSIS program employees are at risk. 

(4) Following the notification procedures (outlined in FSIS Directives) for cases 

involving bribery or attempted bribery of a program employee, in compliance with 

DR 1700-2. 

b. FSIS may continue activities pursuant to its program responsibilities for food and/or 

employee safety at any location of an ongoing investigation or enforcement action unless 

requested by OIG not to do so. In that event, to the extent possible, FSIS and OIG will 

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combine resources and work in partnership to achieve common goals for food and 

program employee safety. 

c. OIG will process FSIS' referrals to OIG (including referrals made pursuant to DRI 700-2 

and section 5, above), as follows: 

(1) The SAC will promptly review the referral or request for investigation and determine 

whether to: 

(a) Initiate an OIG investigation. 

(b) Refer the matter to another investigative agency having jurisdiction. 

(c) Join FSIS in completing the investigation of the matter. 

(d) Recommend that FSIS complete the investigation and pursue sanctions. 

(2) In the event that OIG is delayed in making the decision to initiate an investigation as 

provided in paragraph 6.c.(1), above, the SAC will promptly orally notify the OPEER 

Director or Regional Manager who initiated the referral or request for investigation as 

to whether FSIS may continue its program responsibilities (e.g., surveillance, 

investigation, and enforcement activities as appropriate). 

(3) Within IO business days ofreceiving a referral, the appropriate SAC will provide a 

Case Opening Memorandum (COM) to the EED Director providing information that 

an OIG or joint OIG-CID investigation is initiated. In the event that after receipt of 

the referral, an OIG investigation is not initiated or OIG recommends that FSIS 

complete the investigation, a memorandum detailing the OIG decision on the referral 

will be provided within IO business days to the appropriate OPEER Directors and/or 

Regional Managers. 

(4) OIG agrees to support FSIS, as appropriate, when OIG recommends that FSIS 

complete an investigation or OIG does not initiate an investigation. FSIS will 

continue investigations and pursue appropriate administrative, civil, and/or criminal 

sanctions to achieve the Department's goal of protecting the health and safety of the 

public and its employees. 

(5) If OIG initiates an investigation, OIG agrees to utilize the professional and technical 

expertise of FSIS during the investigation and include FSIS in communications and 

meetings with other law enforcement authorities and the United States Attorney's 

Office, unless disclosure to FSIS is prohibited by Federal law (including but not 

limited to the Privacy Act, 5 U.S.C. § 552a) or OIG determines that such disclosure 

would otherwise interfere with an ongoing investigation. 

(6) With regard to matters independently investigated by OIG, OIG agrees to inform the 

appropriate OPEER Directors and/or Regional Managers of significant developments 

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involving FSIS regulated products or entities, unless disclosure to FSIS is prohibited 

by Federal law (including but not limited to the Privacy Act, 5 U.S.C. § 552a) or OIG 

determines that such disclosure would otherwise interfere with an ongoing 

investigation. 

(7) To the extent that FSIS personnel will assist OIG in grand jury proceedings, such 

assistance will be provided pursuant to U.S. Department of Justice (DOJ) policy and 

in compliance with Rule 6( e) of the Federal Rules of Criminal Procedure. 

7. FSIS Investigations 

a. FSIS will conduct surveillance, investigations, reviews, and enforcement activities to 

fulfill its program responsibilities under the FMIA, PPIA, EPIA, HSMA, and related laws 

and regulations and will periodically assess information to determine whether a referral 

under section 5, above, is appropriate and warranted or whether the criminal information 

should be referred to OIG in accordance with DR! 700-2 or section 5, above. 

b. During the course of its investigations or reviews, FSIS may obtain written statements, 

including signed and sworn statements, and exercise other authorities and responsibilities 

as set forth under the FMIA, PPIA, EPIA, HSMA, and related laws and regulations. 

c. Pursuant to section 6, FSIS will notify OIG within 5 business days of all investigations 

that develop into a criminal matter. 

8. Contacts with the United States Attorney's Office, Local Prosecutors, Federal and 

Non-Federal Investigative Agencies 

a. OIG is the primary USDA liaison with law enforcement and prosecutorial agencies. 

b. FSIS will fulfill its program responsibilities under the FMIA, PPIA, EPIA, HSMA and 

related laws and regulations and will initiate contacts with Federal, State, or local law 

enforcement entities wherein a determination as outlined in sections 5 and 6, above, has 

been made regarding FSIS continuing and/or completing investigations and taking 

enforcement actions. FSIS also will respond to contacts and requests from Federal, State, 

or local enforcement entities regarding matters under the FMIA, PPIA, EPIA, HMSA and 

related laws and regulations. FSIS will advise OIG of such contacts when the contacts 

involve criminal matters under DR! 700-2 or section 5, above; when OIG has opened an 

investigation; or where FSIS believes that OIG involvement or assistance will better 

serve the interests of the Department. 

c. To the fullest extent possible, FSIS and OIG will jointly present investigation results on 

cases that fall under the FMIA, PPIA, EPIA, and related laws and regulations to the 

United States Attorney's Office or other Federal, State, and local agencies to fully utilize 

each agency's professional and technical expertise. 

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d. Upon request by the other party to this agreement, FSIS and OIG will share information 

pertaining to any FSIS investigation that has been referred by Office of General Counsel 

(OGC) to the United States Attorney's Office. Information sharing engaged in pursuant 

to this paragraph may be restricted or limited when disclosure is prohibited by Federal 

law (including but not limited to the Privacy Act, 5 U.S.C. § 552a) or OIG determines 

that such disclosure would otherwise interfere with an ongoing investigation. 

e. When requested by FSIS or OGC, OIG will assist in the investigation or enforcement 

action and work jointly with FSIS. However, when any request for assistance entails 

matters outlined in subsection 5.g. ofthis Agreement, FSIS, OGC, and OIG will work 

cooperatively to assist the United States Attorney's Office and share information 

regarding the contact. 

f. If contacted by prosecutors or law enforcement agencies regarding investigations 

conducted by FSIS OPEER, OIG will promptly notify the Assistant Administrator, 

OPEER, or appropriate OPEER Director or Regional Manager and OGC attorneys, 

except when such disclosure is prohibited by Federal law (including but not limited to the 

Privacy Act, 5 U.S.C. § 552a) or OIG determines that such disclosure would otherwise 

interfere with an ongoing investigation. 

g. FSIS will not participate where the exercise of law enforcement authority is required to 

detain suspects. In such an event, FSIS will only provide professional and technical 

expertise. 

h. Neither OIG nor FSIS shall engage in activities designed to ensure employee or 

pedestrian safety at USDA premises, to the extent that such activities are within the 

jurisdiction of the Federal Protective Service or other Federal, State, or local law 

enforcement agencies. 

9. Reports 

a. OIG SACs or Headquarters office will promptly forward to the Assistant Administrator, 

OPEER, all FSIS-related OIG COMs (within 10 business days for COMs) and Reports of 

Investigation (ROI) including: 

(1) Information or copies ofreports including any criminal or civil investigations or 

documentation pertaining to FSIS regulated products or industry participants wherein 

FSIS has an interest in fulfilling program responsibilities under the FMIA, PPIA, 

EPIA, HSMA and related laws and regulations. 

(2) Information and copies ofreports, including permission for use, that are obtained 

from other Federal and non-Federal investigative agencies that may be used to 

support criminal/civil and/or administrative enforcement actions for regulated 

products and/or industry participants. 

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b. The OPEER Directors or Regional Managers will provide to the appropriate OIG SAC 

reports and other information including: 

(1) ROis or other information that warrant prosecutive consideration or review by OIG 

pursuant to section 5 and 6 of this Agreement. 

(2) ROis or other information, which did not warrant prosecutive consideration or review 

by OIG pursuant to section 5 and 6 of this Agreement, referred through USDA's 

OGC to appropriate DOJ attorneys, when requested by OIG. 

(3) Copies ofROis closed by FSIS with notices of warning, when requested by OIG 

pursuant to review under section 11.c. of this Agreement. 

(4) Other ROis and other information, when requested by OIG. 

c. OIG SACs and Headquarters office and OPEER Managers will coordinate and pursue the 

sharing of information by utilizing databases or periodic reporting as an alternative to the 

exchange of reports and other hard-copy information and will to the extent feasible 

develop, implement, and share protocols and standard operating procedures in an effort to 

improve coordination and communication and decrease redundancies. Any sharing of 

information pursuant to this paragraph will be in accordance with applicable Federal law 

(including but not limited to the Privacy Act, 5 U.S.C. § 552a) and departmental and OIG 

policies on information technology security. 

10. Food Defense 

a. FSIS will coordinate and work closely with OIG Headquarters and regional SACs to 

effectively fulfill food defense program responsibilities under the FMIA, PPIA, EPIA, 

HSMA, and related laws and regulations by providing information and/or resources for 

the following: 

(1) Investigations or activities concerning acts or suspected acts of intentional 

contamination of the Nation's food supply (including but not limited to acts that 

result in large-scale food borne illness outbreaks) or cyber security which will be 

referred to OIG or other Federal and non-Federal investigative and/or law 

enforcement agencies. 

(2) Investigations or activities concerning acts or suspected acts of food smuggling, 

which were or will be referred to OIG or other Federal and non-Federal investigative 

or law enforcement agencies. FSIS will collaborate with OIG in the development and 

implementation of applicable food smuggling operating procedures. 

(3) Criminal matters involving product adulteration to use trace-back or trace-forward 

investigative efforts, where appropriate, to ensure that all contaminated or potentially 

contaminated food product is removed from commerce or prevented from entering 

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commerce and to ensure the successful prosecution of individuals and companies 

involved in product adulteration cases. 

b. PSIS will provide investigative, technical, and other expertise and resources, as 

appropriate, to assist OIG in the prosecution of individuals and companies involved in 

intentional contamination, food tampering, food smuggling, cyber security, product 

adulteration, or other serious violations of law. 

c. OIG will work closely with PSIS by providing timely information and/or resources 

whenever any act or suspected act listed in subsection 10.a, above, has or is expected to 

occur and agrees to the extent possible to share investigative and technical resources and 

work in partnership to achieve common food defense goals. 

11. Inspector General Oversight 

a. Pursuant to section 4(a)(l) ofthe IG Act, the Inspector General is responsible for 

providing policy direction for investigations relating to the programs and operations of 

the Department and PSIS. 

b. To assist the Inspector General in carrying out these responsibilities, PSIS and OIG agree 

to provide/exchange reports as outlined in section 9, above, and pursue sharing of 

database information that addresses the number, nature, scope, and final disposition of all 

PSIS and joint FSIS-OIG investigations. Any sharing of information pursuant to this 

paragraph will be in accordance with applicable Federal law (including but not limited to 

the Privacy Act, 5 U.S.C. § 552a) and departmental and OIG policies on information 

technology security. 

c. The staff of the Assistant Inspector General for Investigations will conduct compliance 

reviews of PSIS. These reviews will evaluate investigative and enforcement policies and 

procedures by which PSIS operates to determine if PSIS is adhering to USDA and PSIS 

internal policies and procedures and any applicable Federal laws. Such reviews will 

supplement any other reviews deemed necessary and appropriate by the Inspector 

General, pursuant to the I G Act. 

12. Amendments and Review 

a. This document may be amended in writing by mutual agreement of both parties to this 

Agreement. 

b. There will be a periodic review ofthis Agreement by senior OIG and PSIS officials to 

evaluate the effectiveness of operations conducted in accordance with its provisions, to 

resolve any matter not specifically covered herein, and to assess the need for 

modification. 

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c. This Agreement will be modified or superseded if it is determined that the parties to the 

Agreement are not effectively discharging program and enforcement responsibilities 

under the Acts and regulations listed in section 1, above, or is no longer required. 

13. Termination 

This document will remain in effect until determined by the agreeing parties that it is no 

longer in the best interests ofthe parties. 

14. No Private Right of Action 

This Agreement sets forth internal commitments and responsibilities of FSIS and OIG 

regarding investigative and enforcement activities under the Acts as listed in section 1, 

above. The commitments and responsibilities set forth herein do not create any new rights, 

substantive or procedural, enforceable by law, by any party to litigation with USDA or the 

United States. 

15. Effective Date 

This Agreement is effective upon date offinal signature. This Agreement supersedes all 

previous agreements entered into between FSIS and OIG regarding investigative and 

enforcement activities pursuant to the Acts listed in section 1, above, including but not 

limited to the following: 

a. Agreement Between the Office of Inspector General and Food Safety and Inspection 

Service, United States Department of Agriculture, dated December 19, 1986. 

b. Statement of Determination Regarding Proper Areas of Investigative Jurisdiction 

Between the Food Safety and Quality Service and the Office oflnspector General, dated 

October 16, 1978. 

s/~ c1Y C6{)_,u,.,.,_~, '-/- Z-'1 ·08 

Date Assistant Inspector General Date 

Footl Safety and Inspection Service for Investigation 

Approved by: