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ORA FIELD MANAGEMENT DIRECTIVE No. 126

Subject:
Sanitation Problems in Warehouses Storing USDA - Donated Surplus Foods		 Area:
Program   Management		 Date:
1/29/88 Revised

PURPOSE

To provide guidance for situations where insanitary conditions exist in warehouses containing USDA-donated commodities.

BACKGROUND

A recent meeting was held with USDA concerning problems the field has been encountering with the storage of USDA-donated surplus foods. These included 301(k) type of violations where the donated foods had become contaminated by rodents, insects, or other sources of contamination due to poor storage conditions.

USDA position is that:

1. Donated foods are the property of the state.

2. When stored in a private warehouse, USDA has no control over the commodity.

3. Proper action on contaminated food is a state responsibility.

PROCEDURES

When insanitary conditions are encountered ln a warehouse containing USDA-donated commodities, the following actions are to be taken:

1. USDA (regional food nutrition service office) and the appropriate state officials will be notified by the responsible district office.

2. The state officials should be asked to take the necessary regulatory action to remove the adulterated food commodities from distribution. (The state officials should be asked to respond in three days if they plan to take action to correct the problem.)

3. If the state determines it is not prepared to take action, the district will submit the appropriate regulatory action recommendation (i.e., seizure, mass seizure, injunction, etc.) to the Center for Food Safety and Applied Nutrition. The state should be kept advised of our actions.

DISTRIBUTION:             Regional Food and Drug Directors and District Directors; FDA Headquarters Offices

ISSUED BY:                    ORA/OE/Division of Compliance Policy (HFC-230)

AUTHORITY:                  ORA

PUBLICATION DATE:  8/96

This page was last updated on: 05/21/99.