Reply #6: All recalls are voluntary [View All]

[dropkickpa]

If a company refuses to recall upon FSIS recommendation, the products can be seized by FSIS at the commerce (store) level.

http://www.fsis.usda.gov/OPPDE/rdad/FSISDirectives/8080.1Rev4.pdf

VIII. ACTION BY FIRM

A. FSIS outlines in “Product Recall Guidelines for Firms” (Attachment 1) the actions
it expects a firm to take to ensure that the maximum amount of product is recovered in
the shortest amount of time. The guidance includes model letters that a firm may use to
communicate with its consignees (including providing instructions for product retrieval
and extending the recall to additional consignees), model press releases, and
recordkeeping requirements.

B. In a case where a firm decides not to accept the Agency’s recommendation and
chooses not to conduct a recall, FSIS will detain any product that would have been
subject to a recall that it finds in commerce. FSIS, CPA will issue a press release
informing the public that product that appears to be adulterated or misbranded has been
shipped by the responsible firm, and that the firm has refused to recall it.