BUFFALO, NY. – A federal judge recently ruled in favor of the US Department of Agriculture's Food Safety and Inspection Service (FSIS), following several animal rights organizations’ challenge to the New Swine Inspection System (NSIS).

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

Plaintiffs examined three arguments during their motion stating that the NSIS violated the Federal Meat Inspection Act and the Humane Methods of Slaughter Act, which require that government inspectors examine animals before slaughter for animal welfare and food safety purposes. Another argument made by the plaintiffs was that FSIS was handing oversight authority to establishment employees. Lastly, the plaintiffs claimed that the FSIS acted “arbitrarily and capriciously” by departing from established policies.

The defendants in the case opposed all these arguments with Chief Judge Elizabeth Wolford of the Western District of New York ruling in favor of the agency.

Wolford wrote in her decision that the NSIS does not violate existing acts, and the FSIS looked at animal welfare concerns.

“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,” Wolford wrote. “It is clear to the court that Defendants considered this issue in connection with the promulgating the Final Rule, including by responding to comments raising animal welfare concerns. Defendants gave adequate explanations for choices made, and that is all that is required.”

During 2019, NSIS established that plant personnel would be required to sort and remove unfit animals before ante-mortem inspections by FSIS inspectors and trim and identify carcass defects before post-mortem inspection.

The voluntary system also allowed processors to determine their line speeds based on their ability to maintain process control.

However, in March 2021, a court order from a Minnesota District Court vacated the component of USDA’s NSIS that eliminated line speed limits for participating establishments. Consequently, all NSIS establishments were required to operate at line speeds not exceeding 1,106 head per hour as of June 30, 2021.

Working with the Occupational Safety and Health Administration (OSHA), FSIS then proposed a time-limited trial (TLT) for NSIS establishments in November 2021. All participating establishments agreed to collect and submit data that would be used to evaluate the impact of increased line speed on workers.

Currently, six pork processing plants operate under the TLT, allowing for the highest line speeds. The six facilities are located in Illinois, Michigan, Minnesota, Nebraska and Pennsylvania.

Following the trial period, FSIS contracted with a third-party team of worker safety experts to evaluate the data. The team determined that the data submitted was not sufficient to evaluate the impact of increased line speeds conclusively.

In November 2023, FSIS stated that it was commissioning a study to generate the 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.