On 15 July 2021, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published a proposed rule titled, Establishing a Uniform Time Period Requirement and Clarifying Related Procedures for the Filing of Appeals of Agency Inspection Decisions or Actions.[1] The proposed rule would amend FSIS regulations to establish a unified time limit of 30 calendar days for appealing Agency inspection decisions. The rule would apply to inspectional activities such as appeals of Noncompliance Records (NRs), but it would not apply to label approval decisions. Comments are due 13 September 2021.
Summary of Proposed Rule
Under the proposed rule, eligible entities would have 30 days to appeal a contested FSIS inspection decision or action related to FSIS inspection activities. The 30-day clock would begin once an eligible person receives notification, either verbally or in writing—via electronic or hard copy communication—of the initial decision or action.
The types of decisions and appeals that would fall under the framework outlined in the proposed rule include Agency decisions or actions related to inspection activities mandated under the Federal Meat Inspection Act (FMIA), the Poultry Products Inspection Act (PPIA), and the Egg Products Inspection Act (EPIA). It also includes appeals of Agency inspection decisions or actions related to voluntary reimbursable inspection services allowed under the Agricultural Marketing Act (AMA). Notably, the activities that would be subject to the 30-day limit include:
- appeals of NRs;
- the cancellation of pre-stamping privileges for imported meat and poultry products; and
- sampling test results.[2]
The notice explains that the 30-day appeal framework outlined in the proposed rule would not apply to:
- appeals of FSIS decisions or actions unrelated to inspection;
- actions related to refusing approval of labels; or
- appeals of agency responses to requests made under the Freedom of Information Act (FOIA).
The 30-day time period also would not universally apply to subsequent appeals. Rather, the time period for any subsequent appeals will be provided in the Agency’s response to the initial appeal.
Next steps
Comments on the proposed rule are due on 13 September 2021. If you would like assistance submitting comments, or have any questions about the proposed rule, please don’t hesitate to contact us.
References
1 86 Fed. Reg. 37251 (15 July 2021), available at https://www.federalregister.gov/documents/2021/07/15/2021-14947/establishing-a-uniform-time-period-requirement-and-clarifying-related-procedures-for-the-filing-of.
2 The proposed rule includes a complete list of the regulatory actions that will be subject to the proposed time limit.
Authored by Brian Eyink and Anneke Altieri.
