On March 31, 2021, the U.S. District Court for the District of Minnesota vacated a portion of FSIS' (Food Safety and Inspection Service) final rule establishing a voluntary “New Swine Slaughter Inspection System” (NSIS). The Court found that FSIS violated the Administrative Procedure Act because it failed to consider the impact of line speed increases on worker safety. The Court vacated the rule only insofar as it eliminated the maximum line speed cap for NSIS establishments. The other provisions of the final rule were not affected by the Court’s decision.
According to the U.S. National Pork Producers Council (NPPC) the recent federal district court ruling will result in a 2.5 percent loss in pork packing plant capacity nationwide, and more than $80 million in reduced income for small U.S. hog farmers, according to an analysis by Dr. Dermot Hayes, an economist with Iowa State University.
The federal court’s decision struck down a provision of USDA’s New Swine Inspection System (NSIS) allowing for faster harvest facility line speeds. NSIS, initiated during the Clinton administration and evaluated at five pilot plants over 20 years, was approved for industry-wide adoption in 2019.
At this time, establishments operating under NSIS should prepare to revert to a maximum line speed of 1,106 head per hour on June 30, 2021.
May 26, 2021/ FSIS and NPPC/ United States.
https://www.fsis.usda.gov/
https://nppc.org/