Today, USDA’s Food Safety and Inspection Service (FSIS) announced in the Federal Register that it has delayed the date in which sampling of not ready-to-eat (NRTE) breaded stuffed chicken products for Salmonella will occur.  The Agency is also delaying the date establishments need to reassess their Hazard Analysis and Critical Control Point (HACCP) plans for these products. FSIS initially intended for their Final Determination to go into effect on May 1, 2025 but this notice delays the date until November 3, 2025.

FSIS said the additional time is necessary for the Agency to finalize its instructions to inspectors and prepare its inspection program personnel (IPP) and laboratories for the new sampling and testing. In addition, this additional time is necessary for FSIS to provide industry with guidance on holding and controlling products pending FSIS’ sampling results.

NRTE frozen, raw, breaded, stuffed chicken products would include products like Chicken Cordon Bleu and Chicken Kiev. They are typically sold raw, labeled to indicate their raw nature, and must be cooked properly following the instructions on the package. There has only been one outbreak associated with these products since 2015.

Under the Final Determination, FSIS will consider any raw breaded stuffed chicken products that include a chicken component that tested positive for Salmonella at 1 CFU per gram or higher to be adulterated. This is essentially a zero tolerance for Salmonella.

NCC has been a vocal critic of this policy for years and has publicly called for it to be rescinded.

“We appreciate the delay in the implementation date and look forward to continued engagement with FSIS and our members on this issue,” said Ashley Peterson, Ph.D., NCC senior vice president of scientific and regulatory affairs. “We’ve expressed our grave concerns that the precedent set by this abrupt shift in longstanding policy by FSIS.  Salmonella is not an adulterant in raw chicken – period. This Final Determination has the potential to shutter processing plants, cost jobs, and take safe food and convenient products off shelves. NCC strongly supports effective public health measures and science-driven policy, but this determination was neither.”

More information and background can be found here.