Establishments regulated by the Food Safety and Inspection Service (FSIS) frequently face the dilemma on whether to appeal agency decisions that could have a negative impact on their businesses. Even when there are valid grounds for an appeal, the decision to appeal is not always easy, particularly since inspector retaliation or enhanced regulatory scrutiny are real concerns.
Recently, FSIS issued a fact sheet on its Web site regarding appeals to help establishments understand the appeal process as well as their rights. The fact sheet is also intended, in part, to encourage establishments to exercise their right to appeal “without fear of retaliation.”