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MEMORANDUM OF UNDERSTANDING 

BETWEEN THE UNITED STATES 

DEPARTMENT OF AGRICULTURE FOOD 

SAFETY AND INSPECTION SERVICE

AND

THE UNITED STATES DEPARTMENT OF 

AGRICULTURE ANIMAL AND PLANT 

HEALTH INSPECTION SERVICE

Relative to

Cooperation on Import/Export Activities and 

Surveillance Programs

ARTICLE 1 - PURPOSE

The purpose of this Memorandum of Understanding (MOU) is to document the collaborative 

efforts between the United States Department of Agriculture (USDA) Food Safety and 

Inspection Service (FSIS) and Animal and Plant Health Inspection Service (APHIS) relative to 

inspection of domestic products, reinspection of imported products, animal health slaughter 

surveillance activities, and information sharing. 

ARTICLE 2 - BACKGROUND

FSIS is the public health agency responsible for ensuring the nation’s commercial supply of 

meat, poultry, and egg products is safe, wholesome, and correctly labeled. To successfully 

execute its mission, FSIS has qualified personnel available in federally inspected slaughter and 

import establishments to inspect, observe, and report evidence of communicable diseases at the 

time of slaughter and restricted tissue material at the time of importation. In addition, FSIS has 

qualified personnel that conduct on-site audits of foreign establishments and has the ability to 

perform verification activities for animal health controls ensuring foreign equivalency for 

establishments eligible for export to the United States. 

APHIS has responsibilities for protecting and improving the health, quality, and marketability of 

our nation’s animals, animal products, and veterinary biologics. To carry out its responsibilities, 

APHIS has laboratory expertise, facilities, and personnel available to conduct tests on blood 

samples and tissue specimens; conduct sample collection for surveillance purposes; conduct 

epidemiological traces of animals and animal products; and respond to disease outbreaks and 

animal welfare concerns. 
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By working collaboratively on foreign, endemic, and domestic program animal disease 

surveillance issues, the two agencies enhance the efficiency and effectiveness of their regulatory 

public health protection. 

This MOU cancels the MOU between APHIS and FSIS relative to cooperation with respect to 

surveillance programs signed in 2014; the MOU between APHIS and FSIS regarding scrapie 

testing signed in 2014; and the MOU between APHIS and FSIS regarding the Bovine 

Spongiform Encephalopathy Final Rule (72 FR, Docket No. APHIS 2006-0041, pages 533140 – 

53379) signed in 2007. 

ARTICLE 3 - AUTHORITIES

Under the Animal Health Protection Act, as amended (7 USC 8401 et seq.) (AHPA), the 

Secretary of Agriculture is authorized to issue regulations and orders and to carry out operations 

and measures to prevent, detect, control, and eradicate diseases and pests of livestock, and to 

cooperate with other Federal agencies, States or political subdivisions of States, national 

governments of foreign countries, local governments of foreign countries, domestic or 

international organizations, domestic or international associations, Indian tribes, and other 

persons, to carry out the purposes of AHPA. Additionally, APHIS is authorized to enact 

regulations to assure the sage and effective supply of animal vaccines and other biological 

products under the Virus Serum Toxin Act (21 USC 151-159). FSIS regulates the slaughter, 

processing, and distribution of meat, poultry, and egg products under the Federal Meat 

Inspection Act (FMIA), 21 USC 601 et seq.; the Poultry Products Inspection Act (PPIA), 21 

USC 451 et seq.; and the Egg Products Inspection Act (EPIA), 21 USC 1031 et seq., to ensure 

that these products are wholesome, not adulterated, and properly marked, labeled, and packaged. 

Generally, these statutes require FSIS to inspect meat, poultry, and egg products in commerce; 

require these products to be processed under sanitary conditions; and require these products be 

unadulterated and properly labeled. FSIS has authority to detain products in commerce if there is 

reason to believe that the products are adulterated, misbranded or uninspected, and to initiate an 

action to seize such products. The statutes also provide broad authority to promulgate 

regulations to carry out the provisions of the Acts. 

ARTICLE 4 - MUTUAL RESPONSIBILITIES

FSIS and APHIS understand that: 

1. The details of this MOU shall be jointly planned and executed by the cooperating parties. 

Each party will acquire and expend its own funds. 

2. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving 

reimbursement or contribution of funds between the parties to this instrument will be 

handled in accordance with applicable laws, regulations, and procedures, including those 

for government procurement and printing. Such endeavors will be outlined in separate 

agreements that shall be made in writing by representatives of the parties and shall be 

independently authorized by appropriate statutory authority. The signature on this 

instrument does not provide or create such authority. 
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3. The responsibilities assumed by each of the parties hereto are contingent upon funds 

being available from which expenditures legally may be met. 

4. Either party requesting an activity shall furnish to the other party such equipment as may 

be needed by the other party to carry out the cooperative activities agreed herein without 

cost to the other party. Any such equipment furnished shall remain the property of the 

providing party and subject to its disposition. Training resources will be shared, when 

possible, involving subjects of mutual interest, such as tuberculosis postmortem training 

by FSIS, Public Health Veterinarian training by FSIS, and foreign animal disease 

diagnostician training by APHIS. 

5. The results of the work herein may be published jointly by the parties hereto or by either 

part separately, but manuscripts prepared for publication by either shall be submitted to 

the other party for suggestions and approval prior to publication; however, in the event 

of disagreement, either party may publish results about its own responsibility, giving 

proper acknowledgement to the other cooperator. 

6. Both parties shall share with each other proposed policies or procedures related to this 

MOU that may directly impact the other prior to the public release, with sufficient time 

for the other to respond appropriately prior to publication. 

7. Cooperating will increase the efficiency of collecting, identifying, submitting, and 

reporting laboratory results on specimens. 

8. The parties intend to inform the other of impending changes in procedure that are likely 

to affect the submission or handling of specimens, including prompt notification of 

program cessation, laboratory availability, and supply availability for surveillance 

sampling programs. 

9. Parties intend to collaborate in furnishing summaries to appropriate personnel of results 

obtained from testing of specimens. 

10. The parties will conduct virtual conferences with officials from APHIS, FSIS, and other 

interested government agencies as needed.

11. Both parties mutually agree to maintain appropriate access to paper forms and electronic 

systems to support mission goals of both parties, including establishing reasonable 

procedures for granting access to those electronic systems. 

12. Both parties will cooperate to provide assistance to ensure mission goals of both 

agencies are achieved by cross utilization of veterinarians as needed. The parties will 

communicate needs necessary to achieve mission goals. 

13. Both parties agree to comply with the security guidelines as outlined in the USDA 

Departmental manual 3140-011, Management Security ADP Manual, and other 

applicable guidance material when connected to the respective agency network. Both 

parties agree to comply with the respective personnel training requirements for any 

system utilized.
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ARTICLE 5 - FSIS RESPONSIBILITIES

FSIS understands that it will:

1. Designate an authorized representative who shall be responsible for collaboratively 

administering the activities conducted under this MOU, and notify the Deputy 

Administrator of APHIS, Veterinary Services (VS), of the name of the authorized 

representative within ten days of the effective date of this MOU and thereafter as 

necessary. 

2. Promptly notify APHIS when signs and/or lesions of foreign animal diseases are noted in 

livestock or poultry during antemortem and/or postmortem inspections. FSIS will inform 

the Area Veterinarian-in-Charge (AVIC) of APHIS prior to processing animals 

suspected of a foreign animal disease and will follow existing applicable FSIS regulatory 

procedures. 

Bovine Spongiform Encephalopathy 

3. Provide oversight for bovine spongiform encephalopathy (BSE) sample collection at 

Federally inspected slaughter establishments as directed in the APHIS Veterinary 

Services Procedures Manual for the BSE Ongoing Surveillance Program on: 

a. All cattle 1 year of age and older that are condemned on antemortem inspection 

for Central Nervous System (CNS) disorders; and

b. Cattle over 30 months of age that are condemned by FSIS on antemortem 

inspection for reasons other than CNS disorders that are sampled by VS 

contractors at selected FSIS-inspected slaughter establishments. 

4. Provide the following information to APHIS and/or to a third party designated by the 

Area Veterinarian in Charge (AVIC) on an animal 1 year of age or older that is 

condemned by FSIS on antemortem inspection and is sampled at an approved offsite 

sample collection location: any animal identification, U.S. Condemned antemortem 

inspection condemnation tag (Z tag) number, and disposition information (e.g., history, 

clinical signs, and comments). 

5. At federally inspected establishments that do not have approved alternative off-site 

sample collection arrangements with APHIS, FSIS Public Health Veterinarians (PHVs) 

will notify the AVIC when an animal 1 year of age or older has been antemortem 

condemned for CNS disorders, provide the information described in paragraph 4 above, 

and confirm the responsibility for the collection of the BSE test samples according to 

arrangements previously worked out between FSIS and APHIS. 

6. If arrangements for BSE sample collection and submission have not been established or 

if APHIS personnel are not available to collect the samples, the PHV will collect and 

submit the appropriate samples for BSE testing. 
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Brucellosis

7. Report to APHIS all known, identified, or permitted brucellosis reactors slaughtered and 

supervise the collection of all manmade identification devices on such animals. 

8. Collect tissues from animals upon special request for Brucella culturing. 

9. Submit tissue samples to the National Veterinary Services Laboratories (NVSL) for 

Brucella isolation, in accordance with established procedures (sampling, use of official 

forms, shipping, etc.), provided sufficient personnel are available or, if personnel are not 

available, to notify VS immediately. 

10. Cooperate with APHIS on the brucellosis surveillance program through blood sample 

collection at slaughter. 

Tuberculosis

11. Cooperate with the collection and submission of suspected tuberculosis lesions disclosed 

at the time of slaughter from cattle, and suspected tuberculosis thoracic lesions disclosed 

at the time of slaughter from sheep and goats, and to collect all manmade identification 

devices with a quarter sized piece of the tissue still attached from all carcasses from 

which lesions are collected. 

12. Submit specimens (plus all manmade non-FSIS identification devices with a quartersized piece of tissue still attached) to NVSL to be examined for tuberculosis from 

carcasses where lesions resembling tuberculosis or thoracic granulomas are found. 

13. Submit: (a) a completed VS Form 6-35, Report of Tuberculosis Lesions or Thoracic 

Granulomas in Regular Kill Animals, for each nonreactor animal from which specimens 

are submitted to NVSL; or (b) complete a VS Form 10-4, Specimen Submission (or FSIS 

Form 6000-1), with specimens from reactors. 

14. Provide electronic data for histopathology results from granulomas evaluated at FSIS

laboratories, and to submit any mycobacteriosis-compatible lesions to the NVSL for 

confirmatory testing. In cases of dispute, NVSL will have the final authority in the 

determination of TB results. 

15. Report to APHIS all known, identified, or permitted tuberculosis reactors slaughtered, 

and collect all manmade identification devices on such animals. 

Scrapie and Rabies 

16. When FSIS determines that an animal condemned on antemortem inspection might have 

rabies, FSIS will be responsible for: 

a. Notifying the APHIS-VS Field Operations (FiOps) AVIC for the state where the 

establishment is located; and
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b. Ensuring the appropriate tissue samples and identification information are

submitted to the NVSL for scrapie testing as part of the National Scrapie 

Eradication Program (when FSIS collects samples in lieu of APHIS). 

17. Identify animals during antemortem inspection that meet the clinical signs targeted 

criteria for scrapie surveillance testing at those federally inspected slaughter 

establishments that have APHIS employees or contractors in place for scrapie sample 

collection such that the animals can be sampled.

18. Notify the APHIS-VS FiOps, AVIC for the state where the establishment is located of 

any scrapie suspect or any mature (either or both first permanent incisors have erupted) 

sheep or goat condemned for CNS signs so that APHIS can collect the necessary 

samples, and preserve the head on ice or the required samples in formalin if the animal 

dies or is euthanized before the APHIS collector arrives.

19. Notify the APHIS-VS FiOps, AVIC for the state where the establishment is located if 

10% or more of the mature sheep or goats presented in any consignment are not 

identified individually or by group as required in Title 9 CFR Section 79 within 10 

business days or as mutually agreed, if an APHIS employee or contract collector is not 

present. The notification shall include the name and address of the consignor, the date, 

and the number of mature sheep or goats in the consignment and the number of mature 

sheep or goats not identified. 

20. When notified by APHIS of the targeted selection, collect and submit whole heads or 

tissues from establishments slaughtering on average two or fewer targeted mature sheep 

or goats per day of operation for scrapie testing where the establishment has declined to 

enter into a sampling agreement with APHIS but agrees to the loss of the product 

resulting from the whole head submission. 

21. Maintain manmade non-FSIS identification devices attached to the head or maintain the 

device (with a quarter sized piece of ear tissue attached) correlated with the head at 

establishments where sheep/goats are being sampled for scrapie testing and allow APHIS 

and its cooperators and contractors to submit all manmade non-FSIS identification 

devices with the tissue samples to be tested for scrapie. 

Public Health Information System (PHIS) 

22. Provide APHIS read-only electronic access to data from the Public Health Information 

System (PHIS), as defined in the FSIS-APHIS PHIS MOU in order to increase efficient 

data transfer from PHIS to APHIS’s Laboratory Information Management System 

(LIMS). 

23. Assist in troubleshooting problems with access to the PHIS incurred by APHIS. 
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Veterinary Biologics

24. Notify APHIS and the respective Office of Field Operations District Office when 

evidence is found at slaughter that abnormal findings may have resulted from the 

administration of veterinary biologics. 

Industrial Chemicals, Foreign Animal Disease Agents, or Toxic Agents Suspects 

25. Notify APHIS when agents of biological or chemical warfare or terrorism are suspected 

in an animal-based food product. 

26. Notify APHIS of imported meat, poultry, or egg products suspected of being tampered 

with or containing toxic industrial chemicals, foreign animal disease agents, or other 

potential biological or chemical contamination. 

27. Coordinate with APHIS officials regarding any food defense concerns involving live 

animals. 

Inspect, Collect, and Examine Imported Cooked Meats for Under Processing and Fresh 

Meats for the Presence of Restricted Tissue Material upon Import Reinspection 

28. Cooperate with APHIS on routine reinspection TOI (types of inspection) of restricted 

meats imported into the United States, including laboratory examination as required, for 

certain products produced in specific foreign establishments, which are suspected of 

being undercooked or having the presence of restricted tissue material such as bones, 

blood clots, or lymphoid tissue. 

29. Assist APHIS in the examination of suspected lots and collect samples as directed by 

APHIS. 

30. Notify APHIS of any suspect lots and findings and retain/detain suspect lots when 

available. FSIS will retain or control any related lots of products that APHIS considers 

necessary. Suspect lots include, but are not limited to, those displaying evidence of 

inadequate processing, such as undercooking or the presence of restricted material such 

as bones, blood clots, or lymphoid tissue. 

31. As directed by APHIS, refuse entry of any lot not meeting APHIS requirements during 

import inspection, and impose restrictions on future lots. 

32. Provide, when appropriate, representatives from various FSIS staffs to serve on 

emergency response teams. 

33. Coordinate action in cases where the product has not completed FSIS import 

reinspection. 
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Standard Procedures for Handling Imported Cooked Meat Products in Which Pink Juices 

Are Found, or Fresh Meat Products in Which Restricted Tissue Material is Found at an 

Approved FSIS Import Establishment 

34. Retain, if available, the entire shipment, including the sample, and notify the local 

Department of Homeland Security Customs and Border Protection staff as well as the 

APHIS VS Import Animal Products Staff, and provide the following information: 

a. Production code (complete tube or representative batch sample and carton 

identification);

b. Country of origin and establishment number; 

c. Type and amount of product; and

d. Location of retained product. 

Standard Procedures for Handling Perishable Cooked Pork Products and Fresh Pork 

Products from Restricted Countries as Indicated in 9 CFR Part 94 

35. Immediately notify APHIS when FSIS laboratory results indicate that a cooked pork 

product was undercooked, or a fresh pork product contained restricted tissue material 

such as bones, blood clots, or lymphoid tissue. The laboratory report should include 

production codes, specific type of product, and any other pertinent information. 

36. Coordinate the retention and detention of all the available products in the lot and oversee 

recovery of products that have been shipped from the import establishment. 

Ensuring Imported Meat and Poultry Products Meet Applicable Animal Health and 

Inspection Control Standards During FSIS International Audits

37. Exchange information with APHIS regarding slaughter establishments certified as 

eligible to export to the United States and provide updates of the establishment listings. 

38. Conduct virtual conferences with officials from APHIS and other interested government 

agencies as needed. 

39. Provide APHIS with FSIS’s foreign onsite audit schedule. FSIS will notify APHIS of 

any issues of concern related to animal health found during review of records and onsite 

audit activities. When requested by APHIS, FSIS will collect information regarding 

animal disease issues and in-plant processes during regularly scheduled audits and will 

report relevant information to APHIS. 

40. Brief APHIS foreign program personnel on the various facets of FSIS's international 

audit program and/or direct them to the appropriate official for information. 

41. When auditing countries or regions that are identified in 9 CFR 94.29, “Restrictions on 

importation of fresh (chilled or frozen) beef and ovine meat from specified regions,”
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review the implementation of measures in place to allow the competent authority to 

verify the following points: 

a. The meat comes from bovines that received ante-mortem and post-mortem 

veterinary inspections, paying particular attention to the head and feet, at the 

slaughtering establishment, with no evidence found of vesicular disease; 

b. The meat consists only of bovine parts that are, by standard practice, part of the 

animal’s carcass that is placed in a chiller for maturation after slaughter. The 

bovine parts that may not be imported include all parts of the head, feet, hump, 

hooves, and internal organs; 

c. All restricted tissue material has been removed from the meat; and

d. The fresh meat comes from carcasses that were allowed to maturate at 40° to 50° 

F (4° to 10° C) for a minimum of 24 hours after slaughter and that reached a pH 

of below 6.0 in the loin muscle at the end of the maturation period. 

Measurements for pH must be taken at the middle of both longissimus dorsi 

muscles. Any carcass in which the pH does not reach less than 6.0 may be 

allowed to maturate an additional 24 hours and be retested, and, if the carcass still 

has not reached a pH of less than 6.0 after 48 hours, the meat from the carcass 

may not be exported to the United States. 

42. Attend all training provided by APHIS for this purpose as needed. 

43. Provide and share the final audit report on the countries identified in 9 CFR 94.29. 

ARTICLE 6 - APHIS RESPONSIBILITIES

APHIS understands that it will:

1. Designate an authorized representative who shall be responsible for collaboratively 

administering the activities conducted under this MOU, and notify the Assistant 

Administrator of FSIS Office of Field Operations of the name of the authorized 

representative within ten days of the effective date of this MOU and thereafter as 

necessary. 

2. Provide FSIS with: 

a. A list of diseases of interest to APHIS and guidelines to report such diseases; 

b. Recommendations about on-farm, market, and transportation biosecurity 

measures; 

c. Supplies for the collection and shipment of specimens and identification devices 

sent to APHIS; 
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d. Collection procedures, safety guidelines, any necessary training, and references 

for each disease condition listed in this MOU for which FSIS is requested to 

collect samples on behalf of APHIS; 

e. An annual list of all establishments that have a sample collection agreement with 

APHIS for the collection of tissues, specifically identifying if the collection is by 

APHIS or contractors; and

f. A summary of the competent authority’s measures to ensure compliance with 9 

CFR 94.29 at least 90 days prior to a scheduled foreign audit. 

3. Notify FSIS about: 

a. Outbreaks of diseases that affect the health of animals, including those of public 

health significance such as brucellosis, tuberculosis, ornithosis, anthrax, rabies, 

BSE, or other zoonotic or potentially zoonotic diseases or syndromes of interest 

to APHIS, and to report progress in eradicating those diseases; and

b. Imported meat, poultry, or egg product samples that do not meet APHIS 

regulatory requirements. 

4. Provide FSIS with a copy of the approved permit for movement of animals or materials 

from the slaughterhouse to alternate locations. 

5. Provide prior notification to FSIS IPP that a plant will be participating in the ID retention 

program under the FSIS/APHIS traceability MOU. 

6. Cooperate, when requested, on the tracing of product recovery efforts should there be an 

animal health, public health, or food defense emergency involving product that entered 

commerce. 

7. Assist FSIS when notified of serious livestock animal welfare concerns and when 

inhumane transportation is observed, especially if it concerns imported animals shipped 

under an APHIS seal. 

8. Notify FSIS of training provided by APHIS that would support identification of 

requirements specified in 9 CFR 94.29. 

Veterinary Biologics

9. Notify FSIS when food animals may have been exposed to a veterinary biologic used to 

control an APHIS program disease or other emergency disease outbreak, and which may 

result in abnormal reactions identifiable at slaughter. 

10. Notify appropriate FSIS officials of any findings of residue or chemical substances in 

livestock or poultry, or in the tissues or products thereof, which may indicate the 

potential for adulteration of the meat or poultry supply, including specific available 
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information on the origin or location of livestock or poultry associated with such 

findings. 

Industrial Chemicals, Foreign Animal Disease Agents, or Toxic Agents Suspects 

11. Notify FSIS officials of any findings suggestive of biologic or chemical warfare agents 

or terrorist actions against livestock or poultry. 

12. Notify FSIS officials of any live imported food animal suspected of having been exposed 

to potential terrorist or warfare agents. 

Brucellosis

13. Provide FSIS, upon request, with reports on the number of brucellosis blood samples 

received by APHIS laboratories for analysis from their respective areas. 

14. Provide information relative to traceback of animals to points of origin, as requested by 

FSIS inspectors, and to conduct field investigations for those incidences that are of 

mutual interest to both parties. 

15. Work with FSIS to increase the efficiency of collecting, submitting, and reporting 

laboratory results on specimens identified for Brucella culturing. 

Tuberculosis

16. Provide adequate personnel in plants where it is mutually agreed that assistance is 

required to meet program goals. 

17. Notify FSIS inspectors when known tuberculosis-exposed, suspect, or reactor animals 

are shipped to slaughter plants and whether APHIS wants FSIS to collect tissues from no 

gross lesioned carcasses that are reactors and/or if APHIS is available to assist.

18. Examine specimens submitted by FSIS in appropriate laboratories as promptly as 

possible for tuberculosis. 

19. Provide FSIS with monthly reports on cultures received from FSIS by APHIS. 

20. Advise FSIS of significant increases or decreases in mycobacteria infections or 

mortalities in domesticated animals. 

21. Work with FSIS to increase the efficiency of collecting, identifying, submitting, and 

reporting laboratory results on specimens resembling tuberculosis and thoracic 

granulomas. 

22. Inform FSIS of impending changes in procedure that are likely to affect the submission 

or handling of tuberculosis granuloma specimens. 
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Scrapie 

23. Collect or arrange for the collection of samples from mature animals (over 1 year of age 

as evidenced by eruption of the first incisor) condemned for CNS signs and any other 

animal that an FSIS veterinarian determines to be a scrapie suspect animal.

24. Collect or arrange for the collection of samples from targeted animals at certain federally 

inspected slaughter establishments.

25. Test samples collected from animals identified by FSIS for sampling at the NVSL in 

Ames, Iowa, or another APHIS-designated laboratory. 

26. Provide a worksheet for FSIS personnel to capture requested information concerning 

identification compliance and access to electronic systems for entry.

27. Provide the FSIS personnel that are collecting and submitting Scrapie samples on behalf 

of APHIS access to the applicable APHIS electronic systems or provide an alternative 

method for sample submission utilizing paper sample submission form(s) in lieu of direct 

electronic entry.

Foreign Animal Diseases and Reportable Diseases 

28. Provide, upon request, assistance in the inspection of livestock and poultry at slaughter 

when vesicular or other reportable or exotic diseases of foreign origin are suspected. 

29. Conduct field investigations to advise FSIS in a timely manner of outbreaks of vesicular 

or other reportable or exotic diseases of foreign origin. 

30. Provide FSIS training slots in each applicable class to attend the foreign animal disease 

diagnostician course, at FSIS’s expense. 

Public Health Information System (PHIS)

31. Make available, upon request, electronic copies of reports and to consult with FSIS prior 

to publicly releasing data derived from PHIS, in accordance with the FSIS-APHIS PHIS 

MOU. 

32. Correlate on information entered into PHIS concerning animals sampled as a result of 

animal disease and surveillance programs. 

33. Protect the confidentiality and sensitivity of the data being provided to the extent 

required by Federal regulations and the Freedom of Information Act. Furthermore, 

APHIS will not release, publish, or publicly report any proprietary information 

originating from the PHIS and will consult with FSIS prior to proposing policy or 

program direction based on the data obtained. APHIS will make available to FSIS, upon 

request, electronic copies of internal reports derived from PHIS data. 

34. Provide limited electronic data access to authorized personnel. 
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35. Access the system only for retrieval or analysis of identified information and log off 

PHIS promptly after retrieving necessary data. 

Inspect, Collect, and Examine Imported Cooked Meats for Under Processing and Fresh 

Meats for the Presence of Restricted Tissue Material 

36. Determine the final disposition of suspect lots in violation of APHIS import 

requirements. 

37. Provide FSIS, as quickly as possible, with oral and written instructions on sampling 

plans and action requested, such as retention or detention of suspect lots, 

recommendations for recall consideration, and final disposition of product. 

38. Determine and inform FSIS of any additional information required to ensure complete 

enforcement of APHIS standards and import requirements. 

39. Notify the foreign government, the brokers or importers, and the appropriate FSIS office 

of the findings and actions being taken by APHIS as a result of violations of regulatory 

requirements. 

40. Provide APHIS representatives to work with FSIS emergency response teams. 

Ensure That Meat and Poultry Products 

Imported from Foreign Countries into the United States Meet Applicable Animal Health and 

Inspection Control Standards 

41. Provide information to FSIS on slaughter establishments certified and approved to export 

to the United States and provide updates of the establishment listings. 

42. Conduct virtual conferences with officials from APHIS, FSIS, and other interested 

government agencies as needed. 

43. Inform FSIS of changes in a foreign country's disease status and/or export eligibility 

status. 

44. Provide FSIS with the names of program officials stationed in foreign countries with 

notification of changes made in a timely manner. 

45. Provide FSIS with information regarding the disease status of countries exporting 

products to the United States, and information on their respective audit plans. 

46. Brief APHIS's foreign program personnel on the various facets of FSIS's program and/or 

direct them to the appropriate official for information. 

47. Provide FSIS with copies of product restriction information when this information is not 

contained in Title 9 CFR Part 94, or when more detailed information is available. 
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48. Inform FSIS of acceptable interpretations of regulations affecting product production in 

restricted countries. This information will be updated on a periodic basis when FSIS 

personnel are attending area meetings or when there are significant changes in policy. 

49. Conduct reviews of foreign establishments to determine the adequacy of proposed 

procedures for processing product to mitigate risk due to animal disease. APHIS will 

provide to FSIS detailed interpretations of requirements and how they must be met in the 

establishments. APHIS, when auditing in a foreign country, will advise FSIS of 

observations that indicate the central competent authority is failing to ensure product for 

U.S. export is produced and handled in a manner to prevent product adulteration and 

misbranding. 

50. Provide FSIS with specific regulations and parts (9 CFR Part 94.29) that are to be 

verified during on-site audits, including notification when any changes are made to these 

regulations. 

51. Provide training and guidance for FSIS audit personnel on the requirements in 9 CFR 

Part 94.29. 

52. Provide and share the APHIS final establishment audit report on the countries identified 

in 9 CFR 94.29. 

Standard Procedures for Handling imported meat products in Which Pink Juices Are Found, 

or Fresh Meat Products in Which Restricted Tissue Material is Found at an 

Approved FSIS Official Import Inspection Establishment. 

53. Advise APHIS field personnel to not take action to dispose of a product without first 

obtaining instructions through channels from APHIS VS National Import Export 

Services (NIES) Import Animal Products Staff Director, or their designee. 

54. Consider any contamination hazards and coordinate with FSIS on specific procedures 

related to potential food defense issues. 

55. Through the APHIS Director or the designee of the NIES Import Animal Products Staff: 

a. Establish communication with the following:

I. U.S. representative of the foreign establishment or the U.S. importer; and 

II. The appropriate FSIS office;

b. Notify appropriate government officials in the country of origin through the 

Agricultural Attaché; 

c. Investigate the extent of the problem by determining if other shipments are 

involved; 

d. Initiate appropriate action to:
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I. Refuse entry in accordance with APHIS regulations and policy; 

II. Coordinate with direct assistance of APHIS headquarters, with local 

APHIS field office, and FSIS to ensure that satisfactory disposition of the 

product is made in accordance with VS policy and to ensure that all 

appropriate VS and FSIS personnel are notified as is appropriate; and 

III. Coordinate appropriate actions with regional and local APHIS offices 

when pink juices or restricted tissue materials are found in products in 

commerce (i.e., in U.S. establishments or wholesale warehouses after 

passing port-of-arrival inspection). 

Standard Procedures for Handling Perishable Cooked or Fresh Pork Products from 

Restricted Countries as Indicated in 9 CFR, Part 94 

56. The Director of APHIS VS Animal Products Permitting and Negotiation Services, or 

their designee, will:

a. Immediately contact the U.S. representative of the foreign establishment or 

importer;

b. Notify appropriate government officials in the country of origin through the 

Agricultural Attaché; 

c. Request information (records) for location, etc., of identified production code 

product; 

d. Coordinate with appropriate FSIS or APHIS VS headquarters office of any action 

to control, recall, destroy, or export product: 

e. Involve APHIS VS and APHIS Investigative and Enforcement Services (IES) 

field personnel in tracing product, if necessary; and

f. Supervise the movement and/or destruction of the product. 

ARTICLE 7 - STATEMENT OF NO FINANCIAL OBLIGATION

Signature of this MOU does not constitute a financial obligation on the part of APHIS or FSIS. 

Each signatory party is to use and manage its own funds in carrying out the purpose of this 

MOU. Transfers of funds or items of value are not authorized under this MOU. 

ARTICLE 8 - LIMITATIONS OF COMMITMENT

This MOU and any continuation thereof shall be contingent upon the availability of funds 

appropriated by the Congress of the United States. It is understood and agreed that any monies 

allocated for purposes covered by this MOU shall be expended in accordance with its terms and 
16 

the manner prescribed by the fiscal regulations and/or administrative policies of the party 

making the funds available. If the fiscal resources are to transfer, a separate agreement must be 

developed by the parties. 

ARTICLE 9 - CONGRESSIONAL RESTRICTION

Under 41 USC 22, no member of, or delegate to, Congress shall be admitted to any share or part 

of the MOU or to any benefit to arise therefrom.

ARTICLE 10 - AMENDMENTS

This MOU may be amended at any time by mutual agreement of the parties in writing.

ARTICLE 11 - TERMINATION

This MOU may be terminated by either party upon sixty (60) days written notice to the other 

party. 

ARTICLE 12- EFFECTIVE DATE AND DURATION

This Memorandum of Understanding shall become effective upon the date of final signature and 

shall continue for 10 years but may be modified or discontinued at the request of either party. 

Each party shall provide in writing 60 days’ notice in advance of the effective date desired for 

termination of this agreement or any major modification. The provisions of this Memorandum of 

Understanding shall be reviewed annually. 
17 

UNITED STATES DEPARTMENT OF 

AGRICULTURE FOOD SAFETY AND 

INSPECTION SERVICE

________________________________

ASSISTANT ADMINISTRATOR DATE

Office of Field Operations

UNITED STATES DEPARTMENT OF 

AGRICULTURE FOOD SAFETY AND 

INSPECTION SERVICE

________________________________

ASSISTANT ADMINISTRATOR DATE

Office of Investigation, Enforcement

And Audit

UNITED STATES DEPARTMENT OF 

AGRICULTURE ANIMAL PLANT AND 

HEALTH INSPECTION SERVICE

________________________________

DEPUTY ADMINISTRATOR DATE