Comment from P. Tilley

One of the prevailing statements or insinuations among many of the public comments so far is the mistaken belief that Federal Inspection and Inspectors are superior to State Inspection and Inspectors. I have worked in every phase of the industry in two different states for close to 45 years and have and have had experiences with both Federal and State inspection programs and inspectors. I have found that State Inspectors are just as knowledgeable and conscientious in their attention to duty as Federal Inspectors if not more so since they are constantly battling that common misconception. According to 9CFR 321.1(a) all State (including Puerto Rico) or any organized Territory programs are to be “at least equal to those under Title I and Title IV of the Act”. In the state that I presently live the State program has been audited by Federal teams approximately every two years and has never had any trouble being declared “at least equal to” when the final report is issued. The latest determination which was earlier this year was the best one yet with only one minor cause for corrective action in Inspection in one of approximately 13 plants audited and none in Compliance. What many people fail to realize is State Inspectors attend the same training as Federal Inspectors. This includes training in both classroom settings and regular web based training for new and emerging issues along with regular refresher courses. In addition, State Inspectors are required to attend training provided by State Program Managers making them, in essence, better trained. State Inspectors work from the same set of regulations as Federal Inspectors. However some state regulations or administrative codes are, in some cases, more stringent than the Federal regulation. One example in the state where I live is cold storage temperatures. There are no minimum temperatures listed for cold storage temperature in the Federal regulations for red meat while State regulations require a minimum of 41 degrees f. So State Inspector’s must know not only the Federal Regulations but the State regulations as well. State Inspectors are required to visit every plant every day for some period of time if they work a patrol assignment. While this may also be a requirement for Federal Inspectors the reality is that it simply does not happen. Firsthand experience again shows that about three visits per week is average in the processing plant I am familiar with. In slaughter plants the State Inspector is there from beginning to end. In two plants that do business with each other, one State inspected and one Federal inspected facility, three compliance issues have been lodged by two different Federal Inspectors against the State Inspected plant. In all three cases the problems were resolved by the State Inspector submitting the issues to the Technical Assistance Center in Omaha. In all three cases it was determined that the Federal Inspector’s allegations were in total and complete error. To deny State Inspected plants the right to ship across state lines for the erroneous belief that Federal Inspectors are better trained, more conscientious, or more knowledgeable, is in my opinion simply ludicrous and would only serve to perpetuate this myth. Citizen P.M. Tilley