FSIS rescinds mask requirement for inspected establishments

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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 establishment employees to better align with 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Notice 09-22 rescinded Notice 34-12, which was issued last August and required establishment employees to wear masks when FSIS inspectors were present and authorized inspectors to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 didn’t require masking.  In its place, Notice 09-22 introduces several important changes:

  • FSIS will no longer suspend inspection if plants don’t require employees to wear 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. 

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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