The National Pork Producers Council (NPPC) is focusing major attention on the March 31 ruling by U.S. District Judge Joan Ericksen vacating portions of USDA's New Swine Inspection System (NSIS) rule that allow qualified pork processing plants to run at line speeds above 1,106 head per hour.
NPPC officials told reporters Wednesday if the ruling is not appealed and takes effect at month's end, line speeds at the six affected plants would slow by as much as 25% and reduce overall U.S. pork harvest capacity by 2.5%. The group cited data from Iowa State University Ag Economist Dermott Hayes that found the reduced line speeds will cost hog farmers over $80 million in lost revenue during 2021 alone.
USDA Secretary Tom Vilsack this week suggested the call for appeal lies with the U.S. Solicitor General and said the case has put the department in an uncomfortable position.
NPPC Vice President and Counsel of Global Government Affairs Nick Giordano said the administration's push to bolster supply chains -- including efforts to boost processing capacity at meat plants and support small producers -- is at odds with any decision not to appeal the ruling. “If this thing is unchecked, it is going to disproportionately hurt small producers,” he stressed. “Didn't we just this week have a supply chain initiative announcement? The point: to add capacity.” If allowed to take effect, he said, the ruling will give more market power to meatpackers and hurt producers. Giordano also stressed that the ruling would upend nearly 25 years of operation at higher line speeds for five of the affected plants, which have been enrolled in a pilot program allowing them to operate at current levels since the 1990s.
He also pushed back on the assertion by labor unions, who brought the line speed challenge, that removing the limits negatively impacts worker safety. “The data, in fact, don't suggest higher levels of worker injury,” he said. “They suggest lower level of worker injuries at these plants.” The industry is clearly pushing the administration to challenge the court decision, but Vilsack's comments Tuesday gave no indication that would be the case.