ATTACHMENT 2

QUESTIONS AND ANSWERS ON SAFE HANDLING STATEMENTS

A. GENERAL

1. Question: Are we going to require retroactive labeling of
          products that are packaged and labeled prior to the
          effective date but offered to consumers after the effective
          date?

          Answer: No. Products labeled on or after the effective
          date must include safe handling instructions on the label.
          Products labeled prior to the effective date will not
          require the addition of safe handling instructions. For
          example, products in frozen storage, labeled prior to the
          effective date but shipped afterwards, will not be required
          to add the safe handling instructions.

2. Question: Do the safe handling instructions replace the
          required handling instructions in Sections 317.2(k) and
          381.125 of the MPI Regulations?

          Answer: No. The additional handling statements required by
          those sections of the regulation will continue to be
          necessary.

3. Question: When safe handling instructions are added to
          previously approved labels, do such labels require approval
          by the Food Labeling Division?

          Answer: No. The regulation provides for generic label
          approval for the addition of safe handling instructions,
          which means the establishment may approve its own labels
          without further FSIS authority.

4. Question: Can a Child Nutrition (CN) label, to which safe
          handling instructions have been added, be approved through
          the generic approval system?

          Answer: Yes, provided that the CN label has received final
          approval by the Food Nutrition Service and the safe handling
          instructions do not cover any mandatory information on the
          label. Refer to FSIS Directive 7239.4, Rev. 1, Child
          Nutrition Labeling Program, for additional information on
          generic approval of CN labels.

5. Question: Can generic label approval be given if other
          label features need to be rearranged in order to fit safe
          handling information on the label?

          Answer: Our intention with the regulation is to allow as
          much flexibility as possible with the generic approval of
          the addition of safe handling instructions. If other
          features need to be rearranged to accommodate the placement
          of safe handling instructions, generic approval may still be
          granted provided other regulations regarding placement,
          e.g., net weight, are followed.

6. Question: Does a shipping container require safe handling
          instructions if the products inside are fully labeled
          including the safe handling instructions?

          Answer: No.

7. Question: Does the safe handling regulation supersede or
          preempt State and Local requirements which prohibit or limit
          labeling which might obstruct product?

          Answer: While Federal regulations do preempt State and
          local requirements, we do not expect this regulation to
          conflict with requirements that specify a percentage of
          product that must be visible since safe handling
          instructions can appear anywhere on the label. Safe
          handling instructions are unlikely to obstruct the product
          if placed on a panel other than the principal display panel.

B. PRODUCT COVERAGE

1. Question: Do safe handling instructions need to be on
          products that include a fully cooked meat filling but where
          the total product requires cooking, e.g. a fully cooked meat
          filling in uncooked dough or pizza with cooked beef topping?

          Answer: No. If the meat or poultry portion is fully
          cooked, it is not our intention for these products to
          include safe handling instructions.

2. Question: Is this labeling required for school lunch
          products?

          Answer: Yes. Products going to institutions, including
          schools, are required to include safe handling instructions.

3. Question: Are military and commodity purchase requirements
          different from other products regarding safe handling
          instructions?

          Answer: No. The same requirements apply.

4. Question: Do imported products need to carry the safe
          handling instructions?

          Answer: Yes.

5. Question: Do State-inspected products need to carry the
          safe handling instructions?

          Answer: Yes.

6. Question: Are partially-cooked and char-marked products
          such as patties required to carry the safe handling
          statements?

          Answer: Yes.

7. Question: Is bacon covered by the regulation?

          Answer: Yes. Bacon is required to carry safe handling
          instructions.

8. Question: Are pork products treated for trichina by heating
          exempt from safe handling instruction requirements?

          Answer: Pork products heated to 145? F. or greater do not
          require safe handling instructions. However, products
          covered by Section 318.23 must meet the time and temperature
          requirements of that section.

9. Question: Are non-amenable species covered by this
          regulation?

          Answer: No. While we would encourage the addition of safe
          handling instructions on labels of non-amenable species, the
          regulation does not require the labeling. This would also
          apply to non-amenable species inspected under voluntary
          inspection. However, an inspected product containing a non-
          amenable species, e.g., a raw Beef and Buffalo sausage
          product, is required to carry the safe handling
          instructions.

10. Question: Do products prepared under a custom exemption
          (e.g., under Section 303.1(a)(2)) require safe
          handling instructions on the label?

          Answer: Under current regulations, such products are exempt
          from the usual labeling requirements, but must be labeled
          "Not for Sale". Thus, such products would be exempt from
          safe handling instructions. However, if such products were
          fully labeled, the safe handling instructions would be
          necessary.

11. Question: Are safe handling instructions required on sides
          of beef or primals that are shipped from the establishments
          to restaurants with no labeling other than being rolled with
          a grading term and the inspection legend?

          Answer: No. Section 317.1(a)(1) of the MPI Regulations
          exempts such products from labeling requirements as long as
          such products bear no information, except company brand
          names, trade marks, or code numbers which do not include any
          information required by Section 317.2 of the regulations.

12. Question: Are retailers, e.g., grocery stores and butcher
          shops, expected to label products with safe handling
          instructions?

          Answer: Yes.

13. Question: Do dry cured hams and sausage products require
          safe handling information?

          Answer: No. For purposes of this regulation, dry cured
          products (except bacon) treated sufficiently to destroy
          trichinae are exempt. However, if the dry cured products
          receive a heat treatment as prescribed in Section
          318.10(c)(1)(i) of the MPI Regulations, the heat treatment
          must be at least 145?F or greater before the product is
          exempt.