No, it is not time to face the Christmas shopping crowds, the kids have their back to school supplies, and we have made our fantasy football selections. So what is it I am supposed to be dreading? Oh yes, final days for government budgets, continuing resolutions, and possible government shutdowns. What does this mean, how will the (fill in the blank) Agency be affected?
Well, obviously we don’t have those answers. The Magic 8 Ball on my desk suggested that I “Ask Again Later.” However, as I consider the potential impacts on the Food Safety and Inspection Service (FSIS), this is what my crystal ball envisions could happen if a government shutdown were to occur. First, it is important to note that I have no inside knowledge, and am basing these comments on common sense, as well as my previous work that allowed me the opportunity to get to know many of the FSIS front line inspection personnel and my knowledge of the meat and poultry industry.
I believe that in government shutdowns, the Administrator is able to determine the “essential” personnel and “essential” mission critical functions. The FSIS maintains a Continuity of Operations Plan (COOP) that provides the Administrator guiding principles in making these determinations. For example, the employees that work in the plants conducting day-to-day inspection would most likely be determined to be “essential employees” conducting “essential functions.” These employees are dedicated men and women that verify the safety and wholesomeness of our food supply on a daily basis. With these devoted employees in place, working at meat and poultry establishments that are also committed to the same goal, I believe that we can continue to have the same confidence in our safe and secure food supply.
Additionally, my crystal ball indicates that the FSIS Administrator and lead management employees will be in place to ensure the essential day to day work and oversight of employees. The crystal ball shows me there will be employees available to conduct recalls of products if this were to become necessary. I also “see” necessary sampling being conducted — however, the crystal ball becomes very hazy when I look to see if any routine samples are being conducted, such as baseline studies. I look deeper into the crystal ball and “see” that the Agency’s Food Safety Assessments, which evaluate the design of an establishment’s food safety system, would cease unless there was an emergency situation such as a foodborne outbreak. I do not see labels being approved and, therefore, the industry may have difficulty updating product labels. I do not see the Agency being able to provide technical support for small and very small plants. I do not see training available for FSIS personnel. My crystal ball also indicates that FSIS personnel might have to revert back to using paper to document tasks rather than documenting them in the newly updated computer system….
Yes, it is that time of year… Am I concerned? Not about the safety of my food! I am certain that extremely committed inspectors will be available, and that both inspectors and industry will do the job required to provide safe and wholesome meat and poultry for my family. However, I am concerned that there could be government employees not working, backlogs and delays in administrative activities. And yes, this does affect all of us over time. In my opinion, if these employees were not “critical” to the mission of FSIS, they would not be employed there in the first place.
Now, back to what Congress might do, either with the Continuing Resolution or actually completing further action on appropriations for FSIS, and the many other agencies important to the nation. My Magic 8 Ball is either prophetic or stuck: it still says “Ask Again Later.”
Before joining OFW Law, Dr. Masters served as Acting Administrator and then Administrator for the United States Department of Agriculture Food Safety and Inspection Service (FSIS) from March 2004 through January 2007.
