Rules of Practice Flashcards
1
Q
What are Rules of Practice?
A
- For establishments to know the types of enforcement actions FSIS takes
- Enforced under 9 CFR 500
2
Q
What is a compliance?
A
-Establishment processes working properly and in accordance with laws/ regualtions
3
Q
What is inspection?
A
- All actions the agency takes to examine establishments and its processes, products, and systems
4
Q
What are enforcement actions?
A
- When an agency inspector determines the establishment is not in compliance with laws/ regulation
5
Q
What is due process?
A
- Fair process or proceeding that must take place before government interference with property/ actions
- Covered by 9 CFR 500
6
Q
What is Regulatory Control Action (RCA)?
A
- Any action inspection personnel take to control product or processes, used by in plant personnel
- Retain product, reject equipment
- Inspection personnel must immediately notify plant personnel – can be done verbally or in writing
- Written record the plant made a mistake
- Cannot take pictures of things for NR
7
Q
What are withholding actions?
A
- Withholds mark of inspection for certain products or equipment
- Takes immediate action and is made by those in charge (ICC, Frontline Supervisor, District Office)
8
Q
What is Suspension?
A
- Interruption in the assignment of inspection personnel to establishment
- Stops ALL production as inspector cannot properly examine product
- Can be applied to whole plant or certain area
- Only made at district office level or higher
9
Q
What is Withholding Action or Suspension without Prior Notice?
A
- Immediate withholding action may be taken if there is an imminent threat to public health
- Significant enforcement action!
- Decision made by IIC, Frontline Supervisor, or DO
- Examples include:
- Shipping adulterated or misbranded product
- No HACCP Plan
- No SSOP
- Poor sanitary conditions resulting in the adulteration of products
10
Q
What is Withholding Action or Suspension with Prior Notice?
A
- May be made due to repetitive noncompliance (e.g. SSOP or HACCP)
- Covers issues other than those listed in 500.3 regulations
11
Q
What is a Notice of Intended Enforcement (NOIE)?
A
- For noncompliances that do not pose an imminent threat to the public health but may warrant a withholding or suspension if not corrected
- Establishment has 3 days to respond
- Issued by the District Manager – they decide to implement action or defer
- EIO writes these
12
Q
What is suspension in abeyance?
A
- The establishment was in suspension, which has been lifted to operate under mutually agreed conditions
13
Q
What is a verification plan?
A
- Following a district manager enforcement action, the enforcement, investigations, and analysis office (EIAO) develops this plan to provide systemic means for verify a plant is effectively implementing a corrective plan
14
Q
What is the appeal process?
A
- Part of due process where an establishment may argue an NR
- This follows Office of Field Operations chain of command (moving up to the next highest position)
- Plants have no time limit to appeal, but are recommended to perform this quickly
15
Q
What is withdrawal of inspection?
A
- Terminates grant of inspesction
- No portion of establishment can authorize as an FSIS inspected establish
- Decision comes from Administrator’s Level
- Most Severe
