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United States Department of Agriculture Food & Commodity Connection Web Site Disclaimer

Vendors, manufacturers, processor, brokers, associations and distributors that participate on this web site do so voluntarily. These companies and not USDA are responsible for the accuracy of the information that they provide and for meeting all applicable local, state, or federal requirements for the production and sale of the food item. This web site contains information regarding food products including ingredient, nutritional, and packaging data. The vendors who are offering these products for sale provide the products and nutritional information found on this site do so voluntarily. The United States Department of Agriculture (USDA), Agriculture Marketing Service (AMS), Farm Services Agency (FSA), National Marine Fisheries Service, Grain Inspection, Packers and Stockyards Administration (GIPSA), and Food and Nutrition Service (FNS), do not endorse or recommend any product grown, manufactured, processed, brokered, or distributed by the companies found on this site.

This site further contains email addresses and web links, or Uniform Resource Locator (URL), and Fact Sheet connections to those vendors or to the vendors designated contact or agent. The vendor offering the product information provided these links, or URL addresses.

While USDA will exclude any vendor that has been found to have provided materially incorrect information, or fails to satisfy the plant sanitation inspection requirements, the inclusion of any vendor, or vendor's product on this web site does not constitute an endorsement by USDA of the firms or product compliance. Most information presented on the USDA Food & Commodity Connection Web Site is considered public domain information. Public domain information may be freely distributed or copied, but use of appropriate byline/photo/image credits is requested.

Additionally, this disclaimer applies to the recipe exchange of the site. The recipe exchange is an open forum for foodservice professionals, vendors, manufacturers, processor, brokers, agricultural commodity associations, and distributors to provide recipes with ingredient, nutritional, and preparation instructions. While USDA provides this forum, USDA does not constitute an endorsement of any recipe or its contents.

USDA Food Commodity Connection Privacy Policy

This is a public web site. Any information you provide should be considered as public information. The information you provide when registering is available as statistical information in the database and can be accessed by other registered users. Personal information is not statistical information. We will not actively disseminate the information you provided to any entity. Unless subject to the exclusions specified in the Freedom of Information Act or otherwise prohibited by law, however, all information collected and maintained by USDA related to this web site may be subject to release.

Once registered, we will collect no other personal information about you when you visit our web site unless you choose to provide that information to us. We will however, collect certain general information to note the number of visits, along with other information as noted below to help us make our site more useful to visitors. This information collected is for statistical use.

·    The Internet domain or the IP address from which you access our web site.  Your Internet domain is your Internet Service Provider (ISP), such as "xcompany.com" if you use a private Internet access account, or "yourschool.edu" if you connect from a university's domain. The IP address is a number assigned (usually at random) to your computer by your ISP whenever you access the Internet.

·    The type of browser and operating system used to access our site.

·    The date and time, you access our site.

·    The pages you visit.

·    If you linked to the USDA Commodity Web site from another Web site, the address of that Web site.

We do not track or record any other information about your searches during your individual visits.

Mission Statement

To provide a communication and information source for schools, other procurement groups, and the companies that supply them. To maximize the exposure of services provided by the United States Department of Agriculture (USDA) to its customers, and to maximize USDA's customer participation.

Policy Statement

·    This is a public web site. There are no restrictions on viewing any information placed on the site by registered users.

·    Vendors, manufacturers, processors, brokers, or distributors who place their products or information on this site do so voluntarily.

·    This site is limited to those food products that vendors, manufacturers, processors, brokers, or distributors wish to be made available to the foodservice community.

·    Vendors, manufacturers, processors, brokers, or distributors agree to uphold this policy. The Department will remove all non-food items from the site.

·    It is the responsibility of the vendors, manufacturers, processors, brokers, or distributors, and not the Department, to enter, maintain and ensure the accuracy of the data and information they provide for each product listed by that entity. The vendors, manufacturers, processors, brokers, or distributors participating on this site agree to promptly address and correct any information found to be inaccurate; failure to do so may result in that party being removed from the web site.

·    All food products listed on this site must be, or must have been manufactured or processed at facilities that are under the mandatory review of the Food Safety Inspection Service (FSIS) (9 CFR Part 381), or under mandatory Food and Drug Administration (FDA)/State inspection (fluid milk plants only), or from a facility that has passed an USDA plant sanitation audit in accordance with the minimum review period for the appropriate commodity group. Before a vendor's product becomes visible on this site, the vendor is required to demonstrate that the facility that produced the listed product has met these requirements.

Commodity Area

Minimum Survey Cycle

Dairy Products

Biannual

Shell Egg

Quarterly

Processed Fruits, Vegetables and Nuts

Annual

Fresh Fruits and Vegetables

Annual

Water Foods

Quarterly

Processed Grain

Biannual

Distributors warehouse

Annual

·  Vendors must maintain their eligibility to participate in U.S. Government procurement.

·  It is the responsibility of the vendor, manufacturer, processor, or distributor to be current on its USDA plant audit.

·  If FSIS suspends service to a vendor's, manufacturer's, processor's, or distributor's facility, or if such facilities fail to pass the applicable USDA sanitation audit, that company and their product information will remain in the database but will no longer appear on the site. When FSIS restores its service, or the facility passes the applicable USDA plant survey, the company and its products will reappear on the site.

·  No vendor, manufacturer, processor, or distributor may use the site to Spam mail. Spamming may cause the offending vendor to be suspended from the USDA site.

USDA reserves the right to remove any party from this web site for failure to adhere to the terms and conditions of this web site, or for such other reason as USDA deems appropriate.

 

Links to Other Sites

Our web site has links to many other web sites. Once you access another site through a link that we provide, you are subject to the privacy policy of the new site. USDA makes no guarantees of any kind regarding the content of non-USDA web sites.


Commercial Endorsement Disclaimer

The use of trade, firm, or corporation names in this publication (or page) is for the information and convenience of the reader. Such use does not constitute an official endorsement or approval by the United States Department of Agriculture of any product or service to the exclusion of others.

Product Information from Sales Partner Systems, Inc.

There are companies participating on this web site who have provided product data through the PROFILE Database via an upload process provided through this web site.  The uploaded data originates from the vendor offering the product information, but the vendor is using a third party database owned by Foodservice Ventures L.C. DBA, Sales Partner Systems, Inc., whose address is 757 South Nova Road, Ormond Beach, FL  32174, hereinafter referred to as "SPS", to manage their information.  Vendors participating in PROFILE have agreed that the data residing in PROFILE is the property of SPS.  All uploaded data from PROFILE remains the property of SPS, and shall not be licensed, sold, redistributed, or altered without written consent from SPS.

Site Users

By accepting the following terms, you agree that all product information originating from the PROFILE Database remains as proprietary information and property of SPS, protected by copyright, trade secret, and license and confidentiality agreements.  By accepting these restrictions, you acknowledge and agree that the data provided from SPS may not be copied, distributed, licensed, given or disclosed to any third party.  Site users are only permitted use of the SPS data to facilitate information gathering and as reference for your feeding program.  Any other use of this data is prohibited. The data provided by SPS on this web site is subject to these confidentiality, use and ownership restrictions, and user agrees not to modify or remove any of the copyright notices on the data, nor to alter the database itself in any way.

It is further agreed and understood that this data is provided without warranties, representations, or other affirmations of fact.  Any statements made regarding accuracy or currency of the data, capacity, shall not create a warranty for any purpose or give rise to any liability or obligation of SPS, the product distributor, or product manufacturer.  It is agreed that by accepting this agreement no warranties are to be implied with respect to the performance of the SPS software, or the accuracy or currency of any of the information contained in the database, or results to be obtained by use of the database.  The distributors and manufacturers of the products in the database, and SPS, hereby disclaim any express or implied warranties, including, but not limited to, warranties of merchantability and fitness for any particular purpose, and any warranty that the computer software or SPS database will be error free or that its use will never be interrupted.  The distributors, manufacturers, and SPS shall have no liability whatsoever for direct or indirect, special or consequential damages relating in any way to this agreement, software or database, including but not limited to consequential (including lost profits or savings), incidental, indirect or direct damages incurred or suffered by data recipient even if the distributors, manufacturers or SPS are informed of their possibility.   The data USER agrees to assume the entire risk of using the SPS database and any related software.

Distributors, Manufacturers and/or Other Parties Providing Data Form Foodservice Ventures L.C. DBA, Sales Partner Systems, Inc.

By accepting the following terms, and to insure data integrity within the food industry, you agree to the terms under “Site User”.  In addition, change to SPS owned data, will only be made on the F&CC web site if the same change is made to the SPS database, or with the expressed consent of SPS.

Web Site Security

For site security purposes and to ensure that this service remains available to all users, this government computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Except for authorized law enforcement investigations, no other attempts are made to identify individual users or their usage habits. Raw data logs are used for no other purposes. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 , the National Information Infrastructure Protection Act and other applicable laws.

 

eAuthentication

 

USDA eAuthentication is the system used by USDA agencies to enable customers to obtain accounts that will allow them to access USDA Web applications and services via the Internet. This includes things such as submitting forms electronically, completing surveys online, and checking the status of your USDA accounts.  Currently, USDA offers Accounts with Level 2 Access and Accounts with Level 1 Access.

 

An account with Level 1 Access provides limited access to USDA Web site portals and applications that have minimal security requirements. Note: Level 1 Access is limited and does not allow you to conduct official electronic business transactions with the USDA via the internet.

 

The USDA Food & Commodity Connection is a Level 1 authorized web site.

 

Spamming

USDA feels very strongly about not allowing spamming in our community. As such, we have developed our own anti-spamming policy to protect our customers and future customers from such tactics.

Spam is ...
Spamming is defined as, "...flooding the Internet with copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it. Most 'Spamming' is commercial advertising, often for dubious products, get-rich-quick schemes, or quasi-legal services. 'Spamming' costs the sender very little to send - most of the costs are paid for by the recipient or the carriers rather than the sender."

"There are two principal types of 'Spamming', and they have different effects on Internet users. Usenet 'Spamming' is a single message sent to 20 or more Usenet newsgroups. Usenet 'Spamming' is aimed at 'lurkers'; people who read newsgroups but rarely or never post and give their address away. Usenet 'Spamming' robs users of the utility of the newsgroups by overwhelming them with a barrage of advertising or other irrelevant posts. Furthermore, Usenet 'Spamming' subverts the ability of system administrators and owners to manage the topics they accept on their systems."

"Email 'Spamming' targets individual users with direct mail messages. Scanning Usenet postings, stealing Internet mailing lists, or searching the Web for addresses often creates email 'Spamming' lists. Email 'Spamming' typically cost users money out-of-pocket to receive. Many people - anyone with measured phone service - read or receive their mail while the meter is running creating additional costs. Also, it costs ISP's and online services to transmit "Spammed" information, and these costs are transmitted directly to subscribers."

Our spam policy encompasses not simply email, but also Usenet newsgroups, message boards, chat rooms and instant messaging systems. Some of these media are not considered spamming in the traditional Internet sense; however, we feel they are methods of abusing the Internet to deliver to unknown user’s unsolicited information. Additionally, we do not want our message to be distributed by the handing out of pamphlets, leaflets and flyers or by any other means that infringes upon the private property, rules, regulations or laws of any third party.

What happens to spammers?

 

Individuals caught spamming will immediately be suspended from the web site.

Reporting Spammers

Report spam by e-mail to our abuse monitoring team USDA Food Quality Assurance. We promise to investigate claims as soon as possible and to take appropriate action based on our findings.

Under United States law, it is unlawful "to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement" to any "equipment which has the capacity (A) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper." The law allows individuals to sue the sender of such illegal "junk mail" for $500 per copy. Most states will permit such actions to be filed in Small Claims Court. Here is the text of the federal law:

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 24, 1994] [Document affected by Public Law 103-414 Section 303(a)(11)]

[CITE: 47USC227]

TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5--WIRE OR RADIO COMMUNICATION SUBCHAPTER II--COMMON CARRIERS

 

Sec. 227. Restrictions on use of telephone equipment

·         (a) Definitions As used in this section-- * * *

·         (2) The term "telephone facsimile machine'' means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. * * *

·         (4) The term "unsolicited advertisement'' means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.

·         (b) Restrictions on use of automated telephone equipment

·         (1) Prohibitions It shall be unlawful for any person within the United States -- to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; * * *

·         (c) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; * * *

·         (3) Private right of action A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State--

·         (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,

·         (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or

·         (C) both such actions.

·         If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. * * *

·         (e) Effect on State law

·         (1) State law not preempted Except for the standards prescribed under subsection (d) of this section and subject to paragraph (2) of this subsection, nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits--

·         (A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements; * * *

·         [Amended 1992: Subsec. (b)(2)(C). Pub. L. 102-556 added subpar. (C). ]

·         Anti-Spamming Policy

Government System Usage Policy

This information service operates on a U.S. Government computer system. This system is monitored to ensure proper operation, to verify the functioning of applicable security features and for other like purposes. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible criminal activity, system personnel may provide the evidence of such activity to law enforcement officials. Unauthorized attempts to upload or change information; to defeat or circumvent security features; or to utilize this system for other than its intended purposes are prohibited.

Updated January 30, 1997

Computer Fraud and Abuse Act of 1986 the
National Information Infrastructure Protection Act.

 


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