FSIS rescinds mask requirement for inspected establishments

FSIS will no longer suspend inspection if establishment employees aren’t wearing masks. 

On Tuesday, the United States Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) issued FSIS Notice 09-22, updating its mask policy for inspected establishment employees to better align with the Centers for Disease Control and Prevention’s (CDC’s) updated mask recommendations.

Notice 09-22 rescinded Notice 34-12, which was issued last August and required establishment employees to wear masks when FSIS inspectors were present and authorized inspectors to suspend inspection if plants did not require masking.

In its place, Notice 09-22 introduces several important changes:

  • FSIS will no longer suspend inspection if establishment employees are not wearing masks.
  • FSIS “recommends” that official establishments follow CDC guidance on the use masks; and
  • FSIS inspectors are to continue following any plant requirements regarding for the use of additional personal protective equipment, such as masks;

Importantly, although CDC’s updated guidance recommends the use of masks in communities classified as having a “High” COVID-19 Community Level, and FSIS recommends that plants follow those recommendations, the new Notice 09-22 states clearly that failure to require masks is not a basis for suspension of inspection.

Meat, poultry, and egg products plants should consider FSIS’s updated policy if evaluating their own policies in light of CDC’s updated guidance.  Moreover, plants making changes to their mask policies may find it prudent to communicate with FSIS so that FSIS inspectors are aware of any changes. 

Please do not hesitate to contact us if you have any questions.

 

 

Authored by Brian D. Eyink and Connie Potter.

Contacts
Brian Eyink
Partner
Washington, D.C.
Connie Potter
Associate
Washington, D.C.

 

This website is operated by Hogan Lovells International LLP, whose registered office is at Atlantic House, Holborn Viaduct, London, EC1A 2FG. For further details of Hogan Lovells International LLP and the international legal practice that comprises Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses ("Hogan Lovells"), please see our Legal Notices page. © 2024 Hogan Lovells.

Attorney advertising. Prior results do not guarantee a similar outcome.