Non-Retaliation Policy
All FSIS personnel, particularly those who make regulatory and
enforcement decisions, are not to retaliate in any way against
establishment owners, operators, or employees who have
questioned or appealed regulatory or enforcement decisions. FSIS
personnel who have engaged in retaliatory behavior may be
subject to disciplinary action. (See also
FSIS Directive 4735.7, PDF Only)
Appealing FSIS Regulatory Decisions
Federally inspected establishments have
the ability to appeal any inspection decision through the use of
the Agency's appeal process. FSIS encourages plant owners/operators
to appeal decisions they believe are unfair or are not consistent
with applicable regulatory standards. Use of the appeal process
ensures that any disagreements between plant owners/operators and
FSIS inspection program personnel are reviewed. Additional information
regarding how to utilize the appeal process may be found by accessing:
http://www.fsis.usda.gov/PDF/SVS_Appeals_Guidelines.pdf.
Small Business Administration (SBA) Office of National Ombudsman
Small business owners may contact the Office of National Ombudsman
at 1-888-REGFAIR (1-888-734-3247) or
www.sba.gov/ombudsman regarding
the fairness of the compliance and enforcement actions of FSIS.
Please note: FSIS-regulated establishments must use the formal FSIS
appeal process to challenge a regulatory decision. The National
Ombudsman cannot change, stop, or delay a Federal agency enforcement
action. The National Ombudsman can, however, serve as a liaison
between small business owners and Federal agencies to discuss the
fairness of a regulatory action.
