Procuring Local Meat, Poultry, Game, and Eggs for Child Nutrition Programs
|DATE:||October 22, 2015|
|POLICY MEMO:||SP 01-2016, CACFP 01-2016, SFSP 01-2016|
|SUBJECT:||Procuring Local Meat, Poultry, Game, and Eggs for Child Nutrition Programs|
Special Nutrition Programs
Child Nutrition Programs
Recently, FNS has received a number of questions related to buying local meat, poultry, game, and eggs; this memorandum seeks to clarify the regulatory requirements related to food safety and answer specific questions related to these products with a series of questions and answers included as an attachment.
Three agencies within the Federal Government are responsible for establishing the rules and regulations that govern the sale and use of meat, poultry, game, and eggs in the Child Nutrition Programs (CNPs): the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS), the Department of Health and Human Services (DHHS) Food and Drug Administration (FDA), and the USDA Food and Nutrition Service (FNS). Together these agencies establish rules and regulations to ensure that all products, served in CNP meals and otherwise, are safe, wholesome, and correctly labeled and packaged.
In turn, state and local governments adopt Federal regulations and guidelines and often tailor the rules to address specific issues. As such, the FDA Food Code and Federal food safety regulations are a baseline from which state, local, and Tribal authorities build their food safety regulatory programs. CNP operators must meet the conditions of the permit which has given them authority to operate as a food service establishment. state, local and Tribal governments issue these permits. It is critical that program operators, ranchers, farmers, and community stakeholders understand the relationship between federal, state, local, and Tribal regulations.
An overview of the Federal food safety regulations related to products served in CNPs is provided below.
USDA Food and Nutrition Service
FNS administers several programs that provide healthy food to children under the authority of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et. seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et. seq.). These programs include the National School Lunch Program, the School Breakfast Program, the Child and Adult Care Food Program, the Summer Food Service Program, the Fresh Fruit and Vegetable Program, and the Special Milk Program, which are collectively known as the child nutrition programs (CNP). As it relates to meat, poultry, game, and eggs, FNS aligns its guidance with the Federal food safety agencies identified below.
USDA Food Safety and Inspection Service (FSIS)
The USDA’s FSIS is the public health regulatory agency responsible for ensuring that the United States’ commercial supply of meat, poultry, and egg products (liquid, frozen and dried) is safe, wholesome, and correctly labeled and packaged. FSIS draws its authority from the Federal Meat Inspection Act of 1906 (FMIA), the Poultry Products Inspection Act of 1957 (PPIA), and the Egg Products Inspection Act of 1970 (EPIA). If a food item falls outside of those statutes FSIS is not authorized to regulate its sale or use. FSIS is authorized to provide voluntary inspection of species not covered in FMIA or PPIA under the USDA Agricultural Marketing Act of 1946 (AMA).
DHHS Food and Drug Administration (FDA)
The FDA, part of the Department of Health and Human Services (DHHS), regulates products from animals not covered by FMIA, EPIA, and PPIA, such as game animals, shell eggs, and seafood. This authority is conferred by the Federal Food Drug and Cosmetic Act (FFDCA). If meat is offered for sale as human food, it is subject to the provisions of the FFDCA, which requires that food must be prepared from sound, wholesome, raw materials, and must be prepared, packed, and held at all times under sanitary conditions.
As mentioned above, the FDA publishes the Food Code, a model, which assists food control jurisdictions at all levels of government by providing a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry (restaurants, grocery stores, and institutions, such as schools, hospitals, and nursing homes). State, local, and Tribal regulators use the FDA Food Code as a model to develop or update their own food safety statutes and regulations for retail and foodservice operations and to maintain consistency with national food regulatory policy. States are under no obligation to adopt all provisions in FDA’s model code.
States follow Federal rules and regulations and, in some cases, tailor programs to meet their needs. Two state-run programs, described below, are operated through agreements with FSIS that allow for state-level inspection of meat, poultry, and game.
State Meat and Poultry Inspection (MPI) Programs
State Meat and Poultry Inspection (MPI) programs are an integral part of the nation's food safety system. States hold cooperative agreements with FSIS in order to operate MPI programs, which must enforce requirements "at least equal to" those imposed under the FMIA and the PPIA. Products produced under state inspection are generally limited to intrastate commerce. MPI products may be shipped between states if a state opts into the Cooperative Interstate Shipment (CIS) program described below.
More than half of the states in the U.S. operate MPI programs. In states without MPI programs, the only option for meat and poultry inspection is USDA inspection. For more information on which states have state Meat and Poultry Inspection (MPI) programs, visit the Food Safety and Inspection Service’s Web site.
The Cooperative Interstate Shipment (CIS) Program
The Cooperative Interstate Shipment (CIS) program promotes the expansion of business opportunities for state Meat and Poultry Inspection (MPI) facilities. The CIS program allows facilities already participating in a state MPI program to operate as Federally-inspected facilities and ship products in interstate commerce. Products sold from a CIS program bear the Federal mark of inspection. For more information on which states participate in the CIS program, visit the Food Safety and Inspection Service’s Web site.
Local governments must abide by state and federal regulations. However, some local health jurisdictions (county health departments, etc.) use state rules and regulations as a guide to develop specific local program rules. This means that food codes and other applicable regulations may vary from locality to locality.
We have received several questions specifically about products served in CNPs located in Tribal communities and have summarized the work of the Indian Health Service (IHS) and FNS as it relates to Tribal issues.
DHHS Indian Health Service (IHS)
The IHS is part of the Division of Environmental Health Services (DEHS), within DHHS, which provides direct environmental health services and consultation to American Indian and Alaska Native Tribal governments, including the establishment and management of local Tribal Food Codes. DEHS uses the most recent edition of the FDA Food Code for non-regulatory consultation and evaluation of Tribal programs. DEHS also works with Tribal councils to pass local food code rules and encourages partnership with state and local entities to provide a comprehensive food safety program. Tribal Nations may implement their own food codes to support or supplant state and local food codes. However, Tribal nations are encouraged to collaborate with state and local regulators.
Food and Nutrition Service and Traditional Foods
The USDA understands the importance of serving traditional foods and encourages Tribal Nations, along with all operators of CNPs, to source locally grown and raised foods. To support these efforts, two recently published documents outline how donated traditional foods can be used in CNPs and clarify how traditional foods can credit towards a reimbursable meal.
As described in the Service of Traditional Foods in Public Facilities memorandum (SP 42-2015, CACFP 19-2015, SFSP 21-2015), Section 4033 of the Agricultural Act of 2014 (Farm Bill) allows for the use of donated traditional foods, including wild game, at public and nonprofit facilities that primarily serve Indians. As allowed by this provision, wild game may be donated and served in CNPs. Additionally, the child nutrition programs and Traditional Foods memorandum (TA 01-2015), clarifies that traditional foods may be served in CNPs and includes examples of how several traditional foods may contribute towards a reimbursable meal.
The attached questions and answers seek to help CNP operators better understand applicable food safety requirements and aid them in purchasing from local ranchers and producers as much as possible.
State agencies are reminded to distribute this memorandum to program operators immediately. Local educational agencies, school food authorities, and other program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate Food and Nutrition Service regional office.
Policy and Program Development Division
Child Nutrition Programs
|Deborah J. Kane
Office of Community Food Systems
Child Nutrition Programs
The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.