By Brian Ronholm
NOTE: First published in Food Safety News
There’s a well-known media relations tactic that, if you want to bury bad news, it’s best to release the information late on Friday afternoon or right before a holiday when very few people are paying attention. So it’s no surprise that the U.S. Department of Agriculture (USDA) waited until late in the afternoon the day before Thanksgiving to announce that it would delay the implementation of the rule declaring Salmonella an adulterant in not ready-to-eat (NRTE) breaded stuffed chicken products. Between this announcement, and the withdrawal of the Salmonella framework last year, USDA is sending a clear signal that it does not intend to do anything meaningful to combat Salmonella illnesses over the next few years unless they get permission from the poultry industry.
USDA is holding a public meeting this week to gather additional input on Salmonella. One issue that will likely get discussed during the meeting is USDA’s claim that current limitations in available test methods have raised questions about the accuracy of test results, including a high rate of false positives. That certainly sounds troubling, but it’s untrue.
The announcement fails to mention that this problem exists only with the test method that USDA currently intends to use. It also fails to mention that there is a validated test method currently available that provides accurate test results with a very low rate of false readings, and this method was even outlined in a Final Determination notice published by USDA in May 2024. However, because this more accurate and reliable test method poses an inconvenience to the poultry industry, USDA wants us to believe that overall test methods are not reliable and the rule not practical to implement at this time.
It should be noted that USDA is trying to develop a faster test method that would provide accurate results within two hours compared to the four hours under the test method currently available. While this effort is laudable, there is nothing preventing them from using the four hour Salmonella test method for a short period to allow for the quicker two hour test method to be fine tuned.
In some cases, convening public meetings is a stalling tactic used by agencies to delay or kill a proposal that they don’t support. These meetings are often followed up with updates from the agency that use variations of the phrase “reviewing comments” when responding to any inquiries on the rule’s status. That’s code for this rule isn’t going anywhere.
We can expect to hear USDA officials say over the next few years that they intend to make food safety decisions that are science-based, sound science, data driven, common sense, collaborative, and practical. It may all sound earnest and reasonable, but all these words will do is fill squares on a buzzword bingo card. Ultimately, USDA’s actions suggest it doesn’t intend to act in any meaningful way on Salmonella, and potentially other food safety initiatives, because they will be prioritizing industry interests over public health concerns.
The delayed implementation of the NRTE breaded chicken rule represents yet another setback in the uphill battle to implement policies that aim to reduce Salmonella illnesses from poultry products. This rule is not just low-hanging fruit, it is fruit in a bowl sitting on a table ready to be consumed. Sadly, the rule will likely be thrown away and consumers will remain at risk.
Brian Ronholm is the Director of Food Policy for Consumer Reports where he leads their advocacy efforts to advance a safe and healthy food system, and a fair marketplace for consumers. He also writes CR’s Food Policy Insider, a monthly newsletter that provides an inside look into the organization’s work on food issues. He was in public service prior to joining Consumer Reports, having served as Deputy Under Secretary for Food Safety at USDA, and before that, as a congressional staff person for Congresswoman Rosa DeLauro of Connecticut.