School Meal Programs
Changes to Federal Agencies' Procedures Could Reduce Risk of School Children Consuming Recalled Food
GAO-09-649, Sep 22, 2009
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Over the past few years, several food recalls, such as for beef and peanut products, have affected schools. It is especially important that recalls affecting schools be carried out efficiently and effectively because young children have a higher risk of complications from food-borne illnesses. GAO was asked to determine how federal agencies (1) notified states and schools about food recalls, (2) advised states and schools about disposal and reimbursement of recalled food, and (3) ensured that recalls were being carried out effectively. To do this, GAO reviewed and analyzed relevant documents and interviewed federal and state officials, as well as officials from 23 school districts that had experience with at least one of four recent cases involving the safety of food in the school lunch program.
Despite its efforts, the U.S. Department of Agriculture's (USDA) Food and Nutrition Service (FNS), which oversees federal school meals programs, did not always ensure that states and schools received timely and complete notification about suspect food products provided to schools through the federal commodity program. The federal commodity program provides food to schools at no cost to the schools, and accounts for 15 to 20 percent of food served in school meals. During 3 recent recalls, FNS notified states, but in only one case did it inform schools to hold and not serve suspect foods prior to an official recall of commodity products. When a videotape aired by the media showed inhumane treatment of cattle at a plant that provided beef to the commodity program, FNS told states to have schools stop serving the company's beef weeks before the official recall of commodity beef was announced. However, when the U.S. Department of Health and Human Services' (HHS) Food and Drug Administration (FDA) recalled suspect peanut products and canned vegetables in two other cases, FNS did not inform states and schools to hold and not serve the companies' commodity products until the recalls were expanded to include the companies' commodity products--weeks later. FNS's initial notification to states regarding recalls did not provide complete information on the full range of products affected. Instead, states and schools continued to receive information on multiple other recalled products over time. It sometimes took states and schools a week or more to determine what additional products were subject to a recall, during which time they unknowingly served affected products. FNS provided instructions for disposal and reimbursement of recalled products to states who, in turn, provided instructions to schools but, nonetheless, some schools experienced problems. Some schools reported to GAO problems in finding landfills that would accept large quantities of recalled products. Some schools also reported that reimbursement instructions were not clear, reimbursement was delayed for months, and that all of their expenses related to the recalls were not reimbursed. Although both USDA's Food Safety Inspection Service (FSIS) and the FDA procedures direct them to conduct recall quality checks, neither included thousands of schools that had received recalled USDA-commodities products for the beef and peanut recalls because they thought FNS conducted these checks. As a result, they were unable to ensure that the recalls were being carried out effectively by schools. FNS officials said that they did not conduct any kind of systematic quality checks of schools receiving recalled commodities, because they relied on FSIS and FDA to conduct such checks. FDA did include schools in its canned vegetable recall audit checks, and some may have received recalled-commodity canned vegetables. However, because FDA does not systematically sample for schools or analyze results of the quality checks for the group, the agency cannot be assured that the recall was carried out effectively in schools.
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Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
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Recommendations for Executive Action
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of HHS should direct FDA to revise FDA procedures to ensure schools are included in audit checks, either by drawing a separate schools-only sample or providing a selection preference for schools.
Agency Affected: Department of Health and Human Services
Status: Open
Comments: When FDA recall staff review consignee lists and decide which firms to include in audit checks, FDA notes and gives special consideration to special and vulnerable populations. FDA will provide additional instruction to recall coordinators to continue to give special consideration to schools and other vulnerable populations during audit checks. FDA needs to provide documentation of additional instructions for special consideration for schools. The agency did not provide an update in FY11.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of HHS should direct FDA to revise the Recall Audit Check Report form to include a consignee prompt for schools.
Agency Affected: Department of Health and Human Services
Status: Open
Comments: FDA agreed with this recommendation and is taking steps to implement the revision to the Recall Audit Check form. The agency needs to complete the revision, yet it did not provide an update to GAO in FY11.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture direct FSIS to revise its procedures to ensure that schools are included in effectiveness checks.
Agency Affected: Department of Agriculture
Status: Open
Comments: In 2010, USDA agreed to revise procedures. In FY11, the agency did not provide an update on this recommendation and whether it revised procedures.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS to institute a systematic quality check procedure to ensure that FNS holds on foods and products used by schools are carried out effectively.
Agency Affected: Department of Agriculture
Status: Open
Comments: In 2010, USDA indicated difficulty in addressing this recommendation and offered an alternative approach. In 2011, the agency reported that states are already required to account for all products on hold. USDA needs to institute a systematic quality check procedure to obtain assurance, and consider the use of a sampling procedure such as employed by the Food Safety and Inspection Service and the Food and Drug Administration.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS to revise its procedures to provide states with more specific instructions for schools on how to dispose of recalled commodities and obtain timely reimbursement.
Agency Affected: Department of Agriculture
Status: Open
Comments: In 2010, USDA agreed to explore partnerships on disposal. The agency needs to provide information on efforts to address disposal instructions and to improve its assistance to state agencies with reimbursement issues. In 2011, USDA reported that it is preparing a document, "Responding to a Food Recall," that will provide specific intstructions.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS to take the lead among USDA agencies to establish a time frame in which it will improve the USDA commodity hold and recall procedures to address the role of processors and determine distributors' involvement with processed products, which may contain recalled ingredients, to facilitate providing more timely and complete information to schools.
Agency Affected: Department of Agriculture
Status: Open
Comments: In 2010, USDA agreed to improve procedures. In 2011, USDA reported that it is working on a document, "Responding to a Food Recall." The agency needs to complete this revision of procedures.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS to improve the timeliness and completeness of direct communication between FNS and schools about holds and recalls, such as through the commodity alert system.
Agency Affected: Department of Agriculture
Status: Open
Comments: In FY11, USDA reported that it has promoted the FNS Commodity Alert System and other commercial alerts. The agency needs to provide documentation that it has taken effort to improve timeliness and completeness of communication, such as through the commodity alert system and the arrangement with the Department of Education to broadcast messages to schools.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS to work with states to explore ways for states to speed notification to schools.
Agency Affected: Department of Agriculture
Status: Open
Comments: In 2010, USDA agreed to work with states. The agency needs to complete actions (e.g. study)to help states speed notification. In 2011, USDA reported that it issued a request for proposal to identify potential emergency notificiation systems that states can use to speed notification to schools.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS to develop guidelines, in consultations with the Agriculrural Marketing Service (AMS) and the Farm Service Agency (FSA), to be used for determining whether or not to institute an administrative hold on suspect commodities for school meal programs.
Agency Affected: Department of Agriculture
Status: Open
Comments: The USDA states that it has an agreement with AMS and will establish a parallel agreement with FSA.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS and that the Secretary of HHS should direct FDA to jointly establish a time frame for completing a memorandum of understanding on how FNS and FDA will communicate during FDA investigations and recalls that may involve USDA commodities for the school meal programs, which should specifically address how FDA will include FNS in its prerecall deliberations.
Agency Affected: Department of Agriculture
Status: Open
Comments: In FY11, USDA stated that the final version of the memorandum of understanding is in clearance with the Food and Drug Administration.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of Agriculture should direct FNS and that the Secretary of HHS should direct FDA to jointly establish a time frame for completing a memorandum of understanding on how FNS and FDA will communicate during FDA investigations and recalls that may involve USDA commodities for the school meal programs, which should specifically address how FDA will include FNS in its prerecall deliberations.
Agency Affected: Department of Health and Human Services
Status: Open
Comments: FDA agreed with this recommendation and reported that it would continue to work with FNS to complete an MOU as soon as possible. The agency needs to complete memorandum of understanding and specifically address pre-recall deliberations. However, as of FY11, it has not provided an update to this recommendation.
Recommendation: To better ensure the safety of foods provided to children through the school meal programs, and to make improvements in three areas related to recalls affecting schools: interagency coordination; notification and instructions to states and schools; and monitoring effectiveness, the Secretary of HHS should direct FDA to revise FDA procedures to ensure analysis of its audit checks is documented, and any problems with recalls or audit checks affecting consignees involved with schools identified and acted upon.
Agency Affected: Department of Health and Human Services
Status: Open
Comments: FDA agreed that having as much information as early as possible regarding the results of a recall would be ideal. However, during large-scale, complex recalls, fully compiling and documenting recall results is challenging because FDA recall coordination staff involved are overseeing the recall as it unfolds. The agency needs to revise procedures. It did not provide an update on this recommendation in FY11.








