On May 1, 2024, the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) published a final determination in the Federal Register declaring Salmonella an adulterant in not-ready-to-eat (NRTE), breaded and stuffed chicken products, when present at levels at 1 colony forming unit per gram (CFU/g) or higher. The final determination also set forth verification procedures, including sampling and testing of raw incoming chicken components used to produce NRTE breaded, stuffed chicken products, and also established a requirement for all establishments producing relevant products to reassess their hazards analysis and critical control points (HACCP) plans for those products.

USDA-FSIS is delaying the date on which its verification sampling program for NRTE breaded, stuffed chicken products will begin and by which establishments must reassess their HACCP plans for such products. Originally set to begin on May 1, 2025, the sampling program will now start on November 3, 2025.

The delay is due to USDA-FSIS being unable to complete the finalization of its sampling program and attendant guidance in a timely manner because of “competing priorities at the end of the last Presidential Administration.” In the six months granted by the delay, USDA-FSIS intends to:

• Issue updated sampling instructions and training for inspection program personnel (IPP) prior to implementing its sampling program
• Publish in its Constituent Update newsletter information about the methods it will use for qualitative and quantitative analyses for Salmonella in NRTE breaded, stuffed chicken, for any establishments that wish to voluntarily implement FSIS’ methods for in-house sampling
• Ensure readiness of FSIS laboratories to handle the increased workload
• Help establishments comply with the final determination by providing new recommendations on lotting and holding product, which may include the issuance of a guidance document or hosting informational webinars
• Give new leadership appointed by the new Presidential Administration after January 20, 2025 to view and provide policy input on USDA-FSIS’ sampling program and guidance documents.

The final determination declaring Salmonella an adulterant in NRTE breaded, stuffed chicken products is part of FSIS’ larger effort to develop a strengthened regulatory framework for Salmonella in raw poultry products, the goal of which is to reduce human cases of salmonellosis attributable to poultry consumption. An advance copy of the proposed final version of the regulatory framework was published in July 2024. It would set an enforceable final product standard for Salmonella at certain levels (in raw poultry beyond NRTE breaded, stuffed chicken products) with a focus on five serotypes of public health significance, deeming the pathogen to be an “adulterant” when it exceeds certain levels. The framework would also require Salmonella testing and monitoring in facilities.