Federal Judge Upholds New Swine Inspection System in Battle with Animal Activists

Chief Judge Elizabeth Wolford of the Western District of New York ruled in favor of the USDA Food Safety and Inspection Service (FSIS) in a recent legal battle with several animal rights and environmental organizations, upholding the New Swine Inspection System (NSIS). 

Farm Sanctuary, Animal Equity, Animal Legal Defense Fund, Center for Biological Diversity, Mercy for Animals, Inc., North Carolina Farmed Animal Save and Animal Outlook, challenged the final rule, which addresses the modernization of inspection at market hog slaughter establishments.

The plaintiffs alleged the rule, "will allow nearly all of the pigs slaughtered in the United States to be slaughtered at unlimited speeds with  very little federal oversight, posing serious risks to animal welfare, consumer health and safety, and the environment.”

Chief Judge Wolford dismissed the plaintiffs’ contentions, pointing out that NSIS did not violate existing acts and that FSIS adequately considered animal welfare concerns during the rule’s adoption. The ruling explained that FSIS responded to comments, provided reasonable explanations for choices made along the way, and did not ignore concerns related to training and humane handling.

"Simply because Plaintiffs disagree with the adoption of the NSIS based on animal welfare concerns does not make Defendants' adopting of the Final Rule arbitrary and capricious. It is clear to the Court that Defendants considered this issue in connection with promulgating the Final Rule, including by responding to comments raising animal welfare concerns. Defendants gave adequate explanations for the choices made, and that is all that is required," Chief Judge Wolford wrote.

A Look Back

In October 2019, NSIS was established as a voluntary system that allows employee involvement in ante-mortem and post-mortem sorting activities before federal inspection. It also allows plants to set their own line speeds based on their ability to maintain process control. But in March 2021, a court order issued by the U.S. District Court for the District of Minnesota vacated the component of NSIS that eliminated line speed limits for participating establishments.

As a result, all NSIS establishments were required to operate at line speeds not exceeding 1,106 head per hour as of June 30, 2021. In consultation with the Occupational Safety and Health Administration, FSIS invited NSIS establishments to participate in a time-limited trial (TLT) in November 2021. This allowed the establishments to operate at an increased line speed while collecting and submitting data that would be used to evaluate the impact of increased line speed on workers. FSIS contracted with third-party experts in worker safety to evaluate the data submitted by the NSIS establishments.