Test and Hold. Do you know what to hold?

The USDA has proposed a mandate that products tested for adulterants by its inspection program personnel (IPP) must be held by the tested establishment. This is a pretty straightforward rule. USDA and CDC estimate that the new ruling could prevent 10 to 15 recalls a year. While this is obviously a great idea, and one that we as producers should already be doing, multiple signs point to the fact that holding product isn’t always the problem, rather the question often is what should we hold.

You may be thinking, “Well, that’s a no-brainer.” If USDA tests something, of course I will hold it. But it is often not that simple. The action of holding product is more intricate then you might think. What should you hold? What is represented by the USDA sample? What if you don’t have control of the lot they sampled? Did you know that you have the right to refuse a government sample if you don’t have control of the lot tested?

Directive 10,010.1 states: “IPP are to provide enough time for the establishment to hold the sampled lot but not enough time to alter the process. To provide establishments enough time to hold the entire sampled lot, IPP are to:

a. be knowledgeable concerning the establishment’s production practices;

b. be familiar enough with the process to realize that, in some cases, notifying the establishment one day before collecting the sample may not be adequate time to allow the establishment to hold all product represented by the sample.”

Practices and Lot Definitions. So what does this all mean? First of all, know your product practices and lot definitions. You must be able to justify your definition of a lot. A good rule of thumb is to always assume the sample will be positive. If you don’t know what will be affected and you can’t justify your lot definition, prepare for a recall. Second, do not be afraid to tell the inspection personnel that you do not have control of the product that they want to sample. You are well within your rights to do this.

Let’s say that you receive a lot of boxed trimmings from a supplier. You receive 50 boxes and the Certificate of Analysis for the whole lot. You grind 10 boxes on Monday, 10 on Tuesday, 10 on Wednesday, 10 on Thursday, and 10 on Friday. Friday morning, the USDA comes in to pull a sample on your ground beef. You hold all the ground beef you made Friday. Was that enough?

The answer is NO.

Remember that the ground beef produced on Friday and sampled by USDA was from the lot of those 50 boxes. The same source was used in the ground beef you produced all week. So now, if the USDA sample is positive. you have a possible recall on your hands. Obviously it is not feasible for you to hold product for a week on a normal basis. As previously stated, in this situation you have the right to tell your inspection personnel that you do not have control of the lot that they are testing.

So what are your options? Oddly enough, the USDA gives the answer in the same directive as above:

“IPP may find that an establishment may have written procedures to grind a minimum batch of product that represents the entire lot in a smaller grinder. To ensure that the sample is representative of the lot, establishments with these written procedures need to have supporting documentation that describes how the minimum batch is representative of the entire lot (e.g., includes an appropriate proportion of all types of trim used to produce the lot). As a general guide, the minimum batch should not be less than 50 pounds. If the establishment’s written procedures and grinding practices meet these criteria, IPP are to sample this minimum batch of product after randomly selecting the day, shift, and time and notifying the establishment as set out in Ch. II, I., A., 2.” (FSIS Directive 10,010.1 Ch. III, A., 5.)

In essence, you can take the trim you were planning to grind and grind it “off line,” thus precluding it from implicating the production from that day. Make sure that you are making the same formulation off line as you would normally make, then hold the trim and ground you made off line. In this way, only what is used and produced off line is affected.

Remember, know your production, define your lots, and, when pulling a sample, always assume it will be positive so you can assure yourself and your company that you have control of the product.

Stay a step ahead, or you are already a step behind!