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Script: Small Business Administration’s, Office of the National Ombudsman
Intro:
Welcome to USDA’s Food Safety and Inspection Service podcast. Each episode will bring you cutting edge news and information about how FSIS is working to ensure public health protection through food safety. While we’re on the job, you can rest assured that your meat, poultry, and processed egg products are safe, wholesome, properly labeled, and packaged correctly. So turn up your volume and listen in.

Host:

Hello, and welcome. This is Alexandra Tarrant from FSIS. Joining me today is Ralph Stafko, Director of the State Outreach and Technical Assistance Staff in the FSIS Office of Outreach, Employee Education and Training, or OOEET. He’s here to talk about the Small Business Administration’s, Office of the National Ombudsman.

The OOEET staff also operates the FSIS Small Plant Help Desk, which provides information and guidance on agency functions, resources, requirements and procedures. Thank you for joining us today, Ralph.

Guest:
My pleasure, Alex, and thanks for the plug on the Small Plant Help Desk, we’re really proud of that. This is a new service to small plant operators or anyone else for that matter who has a question about our agency. Callers get a real live person who will answer their questions and answer them promptly. The Help Desk operates weekdays, 8 to 4, Eastern Standard. The toll-free number is: 1-877-FSIS-HELP; that’s 1-877-374-7435. Questions can also be e-mailed to our mailbox at infosource@fsis.usda.gov.

Host:
Good to know. Thanks, Ralph. Now tell us about the mission of the Small Business Administration’s Office of the National Ombudsman.

Guest:
Sure. That’s a creation of the 1996 Small Business Regulatory Reform Act—we often refer to it as SBREFA. The National Ombudsman’s Office is a key feature of that Act and their primary task is to assist small businesses in the U.S. that believe they’ve been subject to excessive or unfair federal regulatory actions. These could be things like repetitive, unjustified audits or investigations, excessive fines, unfair penalties, threats, retaliation or other unfair enforcement action by any federal agency.

Host:
So is that assistance in addition to the FSIS appeals process that our listeners may be familiar with?

Guest:
Yes, that’s correct. Presently, FSIS-inspected plants have a right to appeal any inspection decision through a structured agency appeals process. In fact, FSIS encourages plant owners and operators to appeal inspection and enforcement decisions that they believe are unfair or not consistent with applicable regulatory standards.

Using the FSIS appeals process allows for disagreements between plant owners and operators and FSIS inspectors be fully aired and properly reviewed by the responsible program managers.

Host:
What happens if the decision is not agreed to by a plant owner or operator?

Guest: If an owner or operator has already gone through the FSIS appeals process and is not satisfied with the result, at that point they may choose to file a comment or complaint with the National Ombudsman.

Since 1996, the Ombudsman has been serving in that role receiving complaints from small business owners and acting as a liaison between them and the more than 35 federal regulatory agencies.

Host:
So, what happens to the complaints when they are received by the Ombudsman?

Guest:
The complaints received from small businesses are transmitted by the Ombudsman to the relevant federal agency with a request that the agency reconsider that action and the fairness of the enforcement underlying it.

Now, it’s important to note that the National Ombudsman cannot change, stop, or delay a federal agency enforcement action, nor can they assist in non-regulatory matters.

The Ombudsman does, however, provide a third party that can demand another look when a regulated business believes it was treated unfairly by an agency.

The Ombudsman, once involved, serves as a liaison between the plant manager and the agency and can call for meetings if required.

Host:
Interesting. So, how can our listeners get more information on the National Ombudsman?

Guest:
For more information on the Small Business Administration’s Office of the National Ombudsman, you can call them toll-free at 1-888-REG-FAIR or 1-888-734-3247. You can also fax to 202-481-5719, or e-mail to ombudsman@sba.gov. You can also visit their website at  www.sba.gov/ombudsman.

Host:
Ralph, thank you for your time today. You’ve provided a lot of useful information for establishment owners and operators.

Guest:
Thanks for having me, Alex.

Host:
Thank you all for listening, and remember, if you have questions or ideas for a podcast, please e-mail them to podcast@fsis.usda.gov.

Outro:
Well, that’s all for this episode. We’d like your feedback on our podcast. Or if you have ideas for future podcasts, send us an e-mail at podcast@fsis.usda.gov. To learn more about food safety, try our web site at www.fsis.usda.govv. Thanks for tuning in.




Last Modified: May 12, 2010

 

 

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