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Meat and Poultry Industry NewsFood SafetyRegulationsExpert CommentaryFight for Food Safety

FIGHT FOR FOOD SAFETY

The surge in USDA Public Health Alerts: A new focus in food safety

While only four Public Health Alerts were issued in 2019, 2023 saw a jump to 24.

By Shawn K. Stevens
grocery store aisle with product recall label
Getty Images/iStockphoto

Opening image credit: GettyImages / bymuratdeniz / iStock / Getty Images Plus

November 5, 2024

For the last 15 years, I have closely tracked trends and data related to food product recalls, aiming to understand the causes behind these crucial safety measures. In 2021, we took this effort further by launching the Food Recall Reporter, a comprehensive database that catalogs all major food, beverage, pet food, animal feed, and dietary supplement recalls from 2000 onward. Each year, I summarize these findings to highlight the driving forces behind recalls, especially those related to USDA-regulated products.

Historically, USDA food product recalls have significantly declined. For instance, there were 132 recalls in 2017, but that number dropped to just 31 by 2020, signaling a considerable improvement in food safety management within the meat industry. However, despite this success, there is a rising food safety trend that warrants attention: the growing use of USDA Public Health Alerts.

Unlike recalls, Public Health Alerts act as a rapid-response mechanism, allowing USDA to inform the public of potential risks when formal recall conditions aren’t met – or, when a company refuses to voluntarily recall an offending product. These alerts can be issued when a food product is suspected to be hazardous, even if no illness or injury has been definitively linked to it. In addition to coming into play when companies resist recalling products, we have also observed them being used when a product is no longer available on shelves, but may still pose a threat to consumers with leftover items in their homes.

The overall numbers tell a compelling story. While only four Public Health Alerts were issued in 2019, 2023 saw a jump to 24, covering issues ranging from pathogens to foreign materials and undeclared allergens. So far this year, there have been a total of food product 39 recalls, and USDA has issued a total of 14 Public Health Alerts. Given the increasing use by USDA of this new regulatory and public health tool, and statements from the agency that USDA finds the tool to be quite effective, we anticipate that the agency will continue to use Public Health Alerts more frequently.

Moving forward, it’s clear that Public Health Alerts will play an increasingly vital role in influencing industry’s recall decision-making process, and, from the agency’s perspective, protecting consumers. While the existence of food recalls will remain a key measure to protect consumers from potential adverse health consequences when suspect product is in the market, the growing use of this tool demonstrates that food safety regulatory and recall landscape continues to evolve.

So, be sure to inform your company’s leadership about this new and emerging public notification factor in food safety.  Even if a food safety issue does not rise to the level of, or would otherwise mandate, a voluntary recall announced by your company, USDA may nevertheless, without your permission, issue a Public Health Alert if the agency believes that something is wrong.   Thus, be sure to update your crisis management strategies to ensure that, if USDA publishes an alert naming your company, you are well positioned, from a PR standpoint, to adequately respond.

KEYWORDS: recalls USDA FSIS

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Shawn Stevens is the founding member of Food Industry Counsel LLC, a law firm formed in 2014 to represent the food industry exclusively in regulatory and other matters involving food safety and quality. Contact Stevens at (920) 698-2561 or stevens@foodindustrycounsel.com, or visit his Web site, www.foodindustrycounsel.com.

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