More than a dozen House members, led by Rep. Tracey Mann (KS-1), this week wrote to the Food Safety and Inspection Service (FSIS) expressing concern regarding the implementation of the Agency’s regulation that classifies Salmonella as an adulterant in not-ready-to-eat (NRTE) breaded stuffed chicken products.

These include products like Chicken Cordon Bleu and Chicken Kiev. They are typically sold raw, labeled to indicate their raw nature, and must be cooked properly following the instructions on the package.

A typical NRTE frozen, raw, breaded, stuffed chicken product

Under the Biden Administration, FSIS took the unprecedented step of designating Salmonella – which is naturally occurring in poultry – as an adulterant at levels of 1 CFU/gram or higher in NRTE breaded stuffed chicken products. This determination, along with its associated testing and enforcement framework, is scheduled to take effect on November 3, 2025.

“While we fully share the goal of reducing foodborne illness, effective food safety policy must rest on proven science and practical implementation,” the letter said.

“Declaring Salmonella an adulterant in NRTE breaded stuffed chicken not only stretches the Agency’s legal authority, but also threatens to create an unworkable precedent for future food safety regulation,” the letter continued.

The members said that the lack of scientific evidence supporting this standard and lack of accuracy in the available testing methodology, along with the pending confirmation of Dr. Mindy Brashears as Under Secretary for Food Safety, are all appropriate grounds for a delay in implementation of this precedent-setting determination.

“We respectfully urge FSIS to pause the implementation of this determination and notify stakeholders in writing until the Office of Food Safety’s leadership is confirmed and a comprehensive review can be completed in order to allow USDA leadership and scientific experts within the Agency to review the determination, assess its potential effectiveness, and determine whether alternative, science-based  approaches would better serve the public interest,” the letter concluded.

Read the full letter by clicking here.

NCC over the past several years has expressed serious concerns that the precedent set by this abrupt shift in longstanding policy has the potential to shutter processing plants, cost jobs, and take safe food and convenient products off shelves.