WASHINGTON – The Food Safety and Inspection Service (FSIS) will begin sampling of not-ready-to-eat (NRTE) breaded stuffed chicken products starting Nov. 3, 2025, the agency announced on April 11. The sampling program initially was set to begin on May 1, 2025.
FSIS said the agency needed more time to finalize its instructions to inspectors and prepare inspection program personnel (IPP) and laboratories for the new sampling and testing. FSIS also needed more time to provide industry with guidance on holding and controlling products pending sampling results.
The agency also said the delay “… will provide time for new leadership appointed after Jan. 20, 2025, to review and provide policy input on the agency’s sampling program and guidance documents for this product.”
“FSIS is announcing this delay in finalizing its sampling program and attendant guidance because it was unable to complete this process due to competing priorities at the end of the last administration,” the agency said in a Federal Register notice. “This delay will provide additional time for FSIS and industry to prepare for implementation of the sampling program.”
FSIS published a final rule on May 1, 2024, that determined not-ready-to-eat (NRTE) breaded stuffed chicken products containing Salmonella at levels of 1 Colony Forming Unit per gram or higher are adulterated under the Poultry Products Inspection Act (PPIA).
FSIS said inspectors would use sampling and testing of the raw incoming chicken component of these products prior to stuffing and breading to ensure that production establishments control Salmonella in these products.
After the latest news from the agency, the National Chicken Council once again asked for the policy to be rescinded.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, PhD, 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.”
In its most recent notice, FSIS said it will announce in its newsletter, the Constituent Update, information about the methods it will use for qualitative and quantitative analyses for Salmonella in NRTE breaded stuffed chicken before it begins sampling.
“While industry is not required to do their own sampling of NRTE breaded stuffed chicken for Salmonella, some establishments may voluntarily choose to use FSIS’ methods,” the agency said. “Therefore, this additional time will allow industry to prepare for or develop their own testing if they wish to do so.
“Moreover, FSIS laboratories need additional time to prepare for the increased workload. Proper IPP and lab readiness is essential to maintain the accuracy, reliability, and timeliness of test results, which are critical for ensuring food safety and protecting public health.”
FSIS added that the delay will help establishments comply with the final rule by providing new recommendations on lotting and holding product. Furthermore, FSIS may issue a guidance document or hold webinars to provide guidance while allowing industry time to ask questions and provide feedback on the guidance.