FSIS

Created byInspection program created by the Federal Meat Inspection Act of 1906 (ch. 3913, 34 Stat. 674; overhauled by the Wholesome Meat Act of 1967); FSIS itself established administratively by USDA Secretary's reorganization in 1977 (named Food Safety and Inspection Service in 1981); supervising Under Secretary for Food Safety codified by the Department of Agriculture Reorganization Act of 1994 (P.L. 103-354)

Head appointedFSIS Administrator is a career official appointed administratively by the Secretary of Agriculture (no statutory appointment provision; delegations at 7 C.F.R. pt. 2); the Administrator reports to the Under Secretary of Agriculture for Food Safety, who is appointed by the President with Senate advice and consent from individuals with food-safety or public-health expertise (7 U.S.C. § 6981(a)-(b)) (department-head appoints)

Removal standardno statutory removal protection for the Administrator's position — replaceable at will, with underlying career civil-service/SES protections (5 U.S.C. ch. 75); the PAS Under Secretary serves at will

Funded underAnnual Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act; FMIA requires the United States to bear the cost of mandatory inspection (21 U.S.C. § 695) except plant-paid overtime and holiday inspection fees (7 U.S.C. § 2219a) and voluntary-inspection user fees

Congressional oversightHouse Agriculture · Senate Agriculture, Nutrition, and Forestry

Inspector generalUSDA OIG (PAS establishment IG under the Inspector General Act, 5 U.S.C. ch. 4)

Judicial reviewInspection refusals/withdrawals issued after on-the-record hearings, then APA review; false-or-misleading labeling determinations reviewable under 21 U.S.C. § 607(e); enforcement and injunction jurisdiction in district courts (21 U.S.C. § 674)