The Agriculture Department is officially declaring salmonella an adulterant in some chicken products, barring the sale of any that are contaminated.
A final determination announced by the Food Safety and Inspection Service declares a raw breaded stuffed chicken product like chicken cordon bleu or chicken Kiev unfit for human consumption, if salmonella levels exceed one colony-forming unit per gram. This is the first time salmonella will be declared an adulterant in any raw poultry products.
It’s rare for the agency to declare pathogens adulterants. Following a significant outbreak of E. coli in ground beef in 1993, FSIS declared it an adulterant. Since that determination, illnesses linked to E. coli in beef have gone down by 50%, said Sandra Eskin, USDA deputy under secretary for Food Safety.
“It’s a powerful tool,” Eskin said.
Producers have a year to adjust to the rule before FSIS begins testing. If a product contains levels above the threshold, it will be recalled and cannot be put into commerce.
“Under President Biden’s leadership, USDA is taking significant steps toward keeping American consumers safe from foodborne illness,” said Agriculture Secretary Tom Vilsack in a release. “This policy change is important because it will allow us to stop the sale of these products when we find levels of Salmonella contamination that could make people sick.”
There have been 14 salmonella outbreaks and about 200 illnesses involving breaded raw chicken products since 1998, according to USDA. While these products make up less than 0.15% of the total U.S. chicken supply, associated outbreaks represent about 5% of all chicken-associated outbreaks from 1998 to 2020.
Research commissioned by FSIS found that consumers often confuse these products with cooked chicken and fail to heat them properly.
Consumer Federation of America welcomed the agency's move, but the group will continue to push FSIS to adopt a zero-tolerance policy that prohibits any amount of salmonella contamination in these products, said Thomas Gremillion, director of food policy at CFA.
“This final determination sets an important precedent,” Gremillion said in a statement. “Rather than certifying the safety of a poultry processing establishment, the agency is certifying the safety of the products that end up on store shelves, which is what matters to consumers.”
Industry groups argued the new limits are effectively a zero-tolerance policy, and will have a major impact on producers.
The rule could result in an estimated annual loss of over 200 million servings of the product and 500 to 1,000 jobs, according to the National Chicken Council. The final determination could also drive smaller producers of the regulated product out of business, the industry group said.
“NCC is gravely concerned that the precedent set by this abrupt shift in longstanding policy has the potential to shutter processing plants, cost jobs, and take safe food and convenient products off shelves. We’re also surprised by FSIS’s victory lap here when the agency has no idea if this will move the needle on public health,” said NCC President Mike Brown in a statement.
Cut through the clutter! We deliver the news you need to stay informed about farm, food and rural issues. Sign up for a FREE month of Agri-Pulse here.
FSIS disagrees with industry groups that the one CFU limit is too stringent, Eskin said. The agency believes testing is available to meet the standard, and there is enough time for producers to develop testing if necessary.
Additionally, Eskin said FSIS will work closely with small businesses that may not already have access to testing to ensure they can meet the standard.
“We made this determination based on the information that we had available, the public health impact, the market, the experience with these products,” Eskin said. “Based on research on dose-response, we selected this level.”
NCC also argued existing improvements to labeling on these products have been effective, and said it has repeatedly asked USDA to make these and other practices mandatory.
Eskin said FSIS has worked closely with companies to update preparation directions for these products, but it has not achieved the agency’s goal of reducing illnesses despite the efforts.
This is a first step in an anticipated series of Biden administration actions on salmonella. A draft proposal to establish a product-based salmonella standard for all raw poultry items is currently under consideration by the Office of Management and Budget. Eskin said she’s “cautiously optimistic” the proposal will be released in the coming months.
