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Freedom of Information Act (FOIA) Requests
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In keeping with our society's interest in an open government, the Freedom
of Information Act (FOIA) allows access to almost all Federal agency records. The Food
Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA), like
other Federal agencies, is required to provide requestors with copies of certain records.
However, many Agency documents are available to the public without having to file a FOIA
request. These include press releases, speeches, consumer and technical publications,
statistics, congressional testimony, and some letters and memoranda. Many of these can be
found on the FSIS Web site (www.fsis.usda.gov).
FSIS is the public health agency in the U.S. Department of Agriculture responsible for ensuring that the
nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly
labeled and packaged, as required by the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act. Please note FSIS
only maintains records relating to its food safety mission. For instructions as to the
procedure to follow in requesting material under FOIA from other government agencies, please
consult their Web sites or contact their FOIA offices.
What information is not available through FOIA?
The FOIA provides access to almost all Federal agency records or portions
of them, except for those that are protected from disclosure by legal exemptions and
exclusions. The Agency's openness to provide information is balanced with the public's
interest in preserving the privacy and confidentiality of sensitive, personal, and
commercial information and the integrity of the government's decision-making and law
enforcement proceedings. Therefore, there are some documents or portions of documents that
are protected by law from release to the public. This means requestors will not always
receive the records that they ask for or may receive documents with portions deleted.
Wrongfully-disclosed information could cause competitive harm by disclosing proprietary
information, result in an unwarranted invasion of personal privacy, or compromise the
integrity of governmental decision-making processes. Also, FSIS employees can be held
criminally liable for wrongfully disclosing information that should have been protected.
How do I make a request?
To make a FOIA request, you should write a letter to FSIS (see sample letter). Mark the letter and the envelope,
or the fax cover sheet, with "FOIA Request." Provide your phone number, mailing
address, or fax number so we can contact you if we need more information. Identify the
records that you want as specifically as possible to help us locate them. Any facts or
details you can give about the time, place, authors, events, and subjects will be helpful
in our search and in determining which records will respond to your request. You do not
have to state the reasons for your request. Identify what agency, organization, or
individuals you represent because this can make a difference in what fees, if any, you may
be charged for the documents requested.
What fees or costs are involved?
The FOIA permits government agencies to charge fees for processing FOIA
requests. Fees range from $10 to $20 per hour, depending on the personnel doing the work.
The charge for copying documents is 20 cents per page. The Agency will notify you if the
fees will be high, unless your request letter states your willingness to pay high fees. If
fees are charged, you may request a waiver if you can show that the records, when
disclosed to you, will contribute significantly to the public's understanding of the
operations or activities of the government.
Fee Categories. For fee purposes, the FOIA requires that requesters
be placed in one of the following four categories:
1) commercial use requesters; 2) news
media; 3) educational institution, noncommercial scientific institution; and 4) all
others. Commercial requesters are charged the full direct cost of search, review, and
duplication. Scientific, educational, and news media requesters are charged the cost of
duplication only; however, the first 100 pages are provided free of charge. All other
requesters are charged the direct costs of search, review, and duplication, except that
the first 2 hours of search and the first 100 pages of duplication are free of charge.
Fee Waivers. The FOIA permits agencies to waive fees if disclosure
of the records is in the public interest for the following reasons: 1) it is likely to
contribute significantly to public understanding of the operations and activities of the
government; and 2) it is not primarily in the commercial interest of the requester.
Requests for fee waivers must be fully documented and justified by written explanation
when the request is submitted.
What happens with my request?
The FSIS FOIA office tracks incoming FOIA requests and works with
FSIS offices that hold the requested records to retrieve them for the requestor. The
assigned FOIA officer reviews the records page by page to determine which information can
and cannot be released to the requestor. Handling of FOIA requests by a single
staff in the Agency helps to ensure that requests are treated consistently and that the
interests and rights of the requestors are properly addressed.
How long will it take to answer my request?
We are required to send you an answer within 20 working days of receiving
your request. Our response might include all the materials you requested, a portion of
your request with a listing of reasons why we withheld information, or a denial of all
information. If denied, we will inform you of your appeal rights. If there is a delay in
fulfilling your request within the 20-day time frame, we will notify you in writing about
the delay.
How does the Privacy Act relate to the FOIA?
Under the Privacy Act, a person may seek access to records that are
retrieved by that person's name or another personal identifier, such as social security
number or date of birth. These records will be made available unless they fall within the
exemptions of the Privacy Act or the FOIA. Generally, you cannot obtain copies of records
concerning another person without the written permission of that person.
Sample FOIA Request Letter
[Date]
[Return Address]
Freedom of Information Act Officer
USDA, Food Safety and Inspection Service
Room 1140-South Building
1400 Independence Ave., SW
Washington, DC 20250
Dear FOIA Officer:
Under the Freedom of Information Act, I am requesting access to [identify
the records as clearly and specifically as possible including the time period applicable
to the records you seek, i.e., 1 month, 2 years, etc.]. [Specify if you are a commercial
requester, are representing an educational institution or a noncommercial scientific
institution, are a member of the news media or a public interest group, or other.]
If there are any fees charged for searching or copying the records, please
let me know before you fill my request. [Or, please supply the records without informing
me of the cost if the fees do not exceed $_____, which I agree to pay.]
If you deny any part of this request, please cite each specific reason
that you think justifies your refusal to release the information. Please notify me of
appeal procedures available under the law.
If you have any questions processing this request, you may contact me at
the following telephone number: [number].
Sincerely,
[your name]
For additional information, contact:
Freedom of Information Act Coordinator
- Telephone: (202) 690-3882
- Fax: (202) 690-3023
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Last Modified: November 20, 2007 |
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