On Tuesday, April 25, 2023, the U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) issued a proposal that, if adopted, would declare Salmonella an adulterant in breaded stuffed raw chicken products, even at very low levels of contamination. This move is ostensibly intended to serve as a proactive approach to safeguarding public health, based on the evolving understanding of consumer behavior and food safety risks.  

Pursuant to the proposal, breaded stuffed raw chicken products that test positive for Salmonella at just 1 colony forming unit (CFU) per gram (prior to stuffing and breading) would be deemed adulterated. This is an extremely low threshold, potentially calling into question the feasibility of implementation. It likewise places additional burden on food manufacturers to maintain Salmonella-free environments.  To monitor compliance, FSIS intends to conduct verification sampling of the chicken prior to stuffing and breading.

FSIS's decision to focus on breaded stuffed raw chicken products may appear arbitrary at first glance. Over the years, however, FSIS, in collaboration with public health agencies, has investigated 14 Salmonella outbreaks involving approximately 200 illnesses linked to stuffed chicken products. The most recent outbreak in 2021 affected individuals across 11 separate states. According to FSIS, the outbreak data and consumer research indicate that these products, because the exterior is often browned, may lead consumers to believe they are fully cooked and safe to consume without fully cooking.

While the goal of ensuring food safety is paramount, there are several practical and operational challenges arising from this proposal that merit consideration. To begin, the consumer data fails to take into account the presence of clear and prominent warnings, cooking instructions, and the role of consumer education. Rather than burdening manufacturers with onerous regulations, a more efficient approach might potentially involve better educating consumers, increasing the efficacy of label instructions, and reminding consumers that all raw poultry products must be thoroughly cooked.

“USDA is taking science-based, decisive action to drive down Salmonella illnesses linked to poultry products,” said Agriculture Secretary Tom Vilsack. “[This] proposal represents the first step in a broader effort to control Salmonella contamination in all poultry products, as well as a continued commitment to protecting American consumers from foodborne illness.”

What the broader commitment is, or whether this will prove an effective approach, remain to be seen. FSIS is currently seeking public comments on the proposed determination and the proposed verification sampling program. Comments on the proposed determination and verification procedures must be received within 60 days after publication in the Federal Register. That will be until June 23, 2023.