The updated guideline includes four key revisions or clarifications from the 2019 version: 1) FSIS will no longer provide mandatory inspection for kit products in compliance with the guideline (but these kits remain eligible for voluntary inspection); 2) it reaffirms the kit policy does not apply to products produced under the retail exemption; 3) a kit named as an FSIS standardized product must meet the standard when prepared; and 4) if a kit assembled not under inspection is placed into a container for shipping, the outer container may not bear the USDA inspection legend.
Background
Briefly, FSIS’s kit policy permits establishments to assemble meat and poultry components into kits without requiring FSIS inspection, provided several specific labeling requirements are met. Although this is a longstanding policy, it was not formally published in writing until July 2019, when FSIS published and requested comments on a draft kit-labeling guideline. 1 On September 21, 2021, FSIS published two documents:
- The updated revised guideline on kit product labeling (with changes from the last version noted);2 and
- Federal Register notice, announcing updates to the guideline and responding to comments received.3 The Notice provides a summary of the 15 comments received on the draft 2019 Guideline and FSIS’s responses.
Key Changes from the Previous Version of the Guideline
The 2021 final guideline provides additional information on the four changes and clarifications made since the 2019 draft. The Agency explains that it made the changes described below to address both the comments received on the previous version and to include additional scientific information:
- FSIS no longer will provide mandatory inspection services for the assembly of kits as described as compliant in the guideline. Instead, kits are eligible for FSIS voluntary inspection under 9 CFR 350.3(c));
- The guideline does not apply to products produced under the retail exemption.4 This reaffirms existing Agency policy, in which the retail exemption and the kit policy are two separate, independent bases for producing product without inspection;
- A kit named as an FSIS standardized product must meet the standard when prepared; and
- When an official establishment places a kit assembled without FSIS inspection into a container for shipping, the establishment may not apply the USDA inspection legend to the outer container.
Next steps
We will continue to monitor FSIS’s policy on kit products and similar exemptions. Please let us know if you have any questions.
References
Authored by Brian D. Eyink and Chris Forgues.
