On July 3, 2017, the Food Safety and Inspection Service (FSIS) issued FSIS Directive 8140.1 (Revision 1), “Notice of Receipt of Adulterated or Misbranded Product.” The directive updates inspection program personnel (IPP) on procedures for handling an inspected establishment’s receipt of adulterated or misbranded product from another official establishment. Among other things, the directive clarifies whether receiving establishments are required to notify the FSIS District Office (DO) pursuant to 9 C.F.R. § 418.2 whenever they receive adulterated or misbranded product from another official establishment.
On its face, 9 C.F.R. § 418.2 requires inspected establishments to notify the DO within 24 hours of learning that adulterated or misbranded meat or poultry product has entered commerce. This applies to both producing and receiving establishments. However, in a May 2016 conference call with industry to discuss foreign-material contamination, the agency stated that foreign material findings in product shipped between establishments could be handled with notification to IPP and the use of FSIS Form 8140-1 instead of notification to the DO. The agency stated that Directive 8140.1 (issued in June 1995) would be updated to reflect this fact.