Meat & Livestock News

Federal Judge Upholds USDA’s New Swine Inspection System Amidst Legal Challenges

Veterinarian examining pig farm for some disease, checking each pig health.

In Buffalo, New York, a recent ruling by a federal judge upheld the US Department of Agriculture’s Food Safety and Inspection Service’s (FSIS) New Swine Inspection System (NSIS), dismissing challenges brought by several animal rights organisations.

The NSIS, a system aimed at modernising hog slaughter establishment inspections, faced opposition from groups including Farm Sanctuary, Animal Equity, Animal Legal Defense Fund, Center for Biological Diversity, Mercy for Animals Inc., North Carolina Farmed Animal Save, and Animal Outlook.

The plaintiffs presented three main arguments against the NSIS. They claimed it violated the Federal Meat Inspection Act and the Humane Methods of Slaughter Act, which mandate government inspector examinations of animals before slaughter for welfare and food safety.

They also argued that FSIS was improperly delegating oversight authority to establishment employees and accused the FSIS of acting “arbitrarily and capriciously” by deviating from established policies.

Chief Judge Elizabeth Wolford of the Western District of New York ruled in favour of the FSIS, stating that the NSIS does not contravene existing acts and that the FSIS had adequately addressed animal welfare concerns.

Wolford noted that the plaintiffs’ disagreement with the NSIS based on animal welfare concerns did not render the adoption of the final rule arbitrary and capricious. She affirmed that the FSIS had given sufficient explanations for its decisions.

Introduced in 2019, the NSIS required plant personnel to sort and remove unfit animals before antemortem inspections and identify carcass defects before post-mortem inspection by FSIS inspectors. The system, which is voluntary, also allows processors to set their line speeds based on their ability to maintain process control.

However, a March 2021 court order from a Minnesota District Court vacated the NSIS component that eliminated line speed limits, leading to a cap of 1,106 heads per hour for NSIS establishments from June 30, 2021.

Subsequently, FSIS, in collaboration with the Occupational Safety and Health Administration (OSHA), proposed a time-limited trial (TLT) in November 2021 for NSIS establishments. This trial required participating establishments to collect and submit data to assess the impact of increased line speeds on worker safety.

Currently, six pork processing plants in Illinois, Michigan, Minnesota, Nebraska, and Pennsylvania operate under the TLT with the highest line speeds. An evaluation by a third-party team of worker safety experts determined that the data submitted was insufficient to conclusively assess the impact of increased line speeds.

In November 2023, the FSIS announced plans to commission a study to gather necessary data for independent expert analysis. The agency is extending the TLTs for up to an additional 90 days while the study is being designed.