Food Safety
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • PRODUCTS
  • TOPICS
  • PODCAST
  • EXCLUSIVES
  • BUYER'S GUIDE
  • MORE
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
  • SIGN UP!
cart
facebook twitter linkedin
  • NEWS
  • Latest News
  • White Papers
  • TOPICS
  • Contamination Control
  • Food Types
  • Management
  • Process Control
  • Regulatory
  • Sanitation
  • Supply Chain
  • Testing and Analysis
  • EXCLUSIVES
  • Food Safety Five Newsreel
  • eBooks
  • FSM Distinguished Service Award
  • Interactive Product Spotlights
  • Videos
  • MORE
  • ENEWSLETTER >
  • Store
  • Sponsor Insights
  • ENEWSLETTER >
  • Archive Issues
  • Subscribe to eNews
  • EMAG
  • eMagazine
  • Archive Issues
  • Editorial Advisory Board
  • Contact
  • Advertise
Food Safety
search
cart
facebook twitter linkedin
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • ENEWSLETTER >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
NewsFood TypeRegulatoryMeat/PoultryInspectionUSDA

California Court Allows Slaughter Establishments to Pre-Sort Swine Prior to Federal Inspection

By Bailee Henderson
confined swine

Credit: Mark Stebnicki (nc-farm-bureau-mark) via Pexels

October 4, 2022

A recent ruling from the U.S. District Court for the Northern District of California has upheld the authority of swine plant employees to pre-sort animals prior to slaughter under the U.S. Department of Agriculture’s New Swine Inspection Service (USDA’s NSIS). The decision was made in response to a lawsuit that argued NSIS’ Modernization of Swine Slaughter Inspection Rule is contrary to the Federal Meat Inspection Act (FMIA) and violates the Administrative Procedure Act (APA).

According to the Rule, establishments that elect to operate under NSIS are required to sort and remove unfit animals before pre-slaughter inspections that are conducted by USDA Food Safety and Inspection Service (FSIS) inspectors, as well as to trim and identify defects on carcasses and animal parts before post-slaughter inspections by FSIS inspectors. USDA states that the new process allows for FSIS to conduct more efficient inspections, as inspectors will be presented with healthier animals and carcasses with fewer defects, which frees up agency resources to conduct other, offline inspections that are more successful in ensuring food safety.

The lawsuit, filed by nonprofit consumer organizations Food and Water Watch (FWW), Center for Food Safety (CFS), and Humane Farming Association (HFA), alleged that the Rule does not meet the FMIA requirement of federal inspections for every animal prior to slaughter, and of every carcass and body part after slaughter. The plaintiffs also argue that the rulemaking process was arbitrary and violates APA because the Rule irrationally departs from prior inspection regulations and practices, is based on a flawed pilot project, and relies on a flawed risk assessment for which the public was not provided adequate time to provide notice and comment.   

The Court agreed with the defendants, who asserted that pre-inspection sorting conducted by plant employees does not replace federal inspection; rather, it provides an additional step in the process before federal inspection occurs. The Court also concluded that pre- and post-slaughter inspections under the Final Rule were adequate and did not run afoul of FIMA requirements. Finally, the Court decided that FSIS met the burdens set forth by the AMA in finalizing the Final Rule, and that the plaintiffs could not demonstrate that the pilot project and risk assessment upon which the Final Rule was justified were arbitrary and capricious.

Background

The pilot project, named the Hazards Analysis and Critical Control Points (HACCP)-Based Inspection Models Project (HIMP), tested the new inspection model in volunteer establishments, where plant employees removed unsuitable animals prior to pre-slaughter inspections, after which federal inspectors would examine all animals deemed “normal.” The HIMP pilot also involved establishment employees sorting defected or contaminated animal carcasses and parts, followed by federal inspection of animal parts that remained online.

In 2014, FSIS finalized the Hog HIMP Report, which assessed the performance of five HIMP market hog slaughter establishments and compared their outcomes to those of 21 comparable non-HIMP establishments. The report concluded that HIMP establishments received more offline food safety related inspection verification checks than non-HIMP establishments, and that HIMP establishments had higher compliance with HACCP regulations, sanitation standard operating procedure (SSOP) requirements, lower levels of defects, and equivalent or better Salmonella testing rates.

In January 2018, FSIS published a risk assessment that evaluated the potential rates of human salmonellosis associated with market hogs processed by HIMP establishments, finding a correlation between increased offline inspection procedures and a reduction in the prevalence of Salmonella on market hog carcasses at HIMP establishments. The risk assessment concluded that establishments operating under HIMP would lead to an expected reduction in Salmonella illnesses associated with market hogs, and that shifting FSIS resources from online inspections to offline inspections would likely result in a decrease in human illnesses from contaminated pork.

FSIS published the risk assessment, along with the Proposed Rule, before it underwent peer review. In August 2018, FSIS posted a summary of peer reviewer feedback and an updated draft risk assessment on its website, providing 30 days for comments on the revised risk assessment. FSIS did not reopen comments for the Final Rule because it stated that the revised risk assessment did not change the conclusions, and FSIS advised that it would respond to risk assessment comments in the Final Rule. When FSIS published the Final Rule, it included another version of the risk assessment, updated in September 2019.

KEYWORDS: inspections New Swine Inspection Program pork slaughterhouses USDA-FSIS

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Baileehendersonmay23

Bailee Henderson is the Digital Editor of Food Safety Magazine. She can be reached at hendersonb@bnpmedia.com.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Microbiological
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Training
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Best Practices
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Subscribe For Free!
  • eMagazine Subscription
  • Subscribe to eNewsletter
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

Food Safety Five Ep. 10: Scientific Advancements in Listeria Knowledge and Detection

Food Safety Five Ep. 10: Scientific Advancements in Listeria Knowledge and Detection

Food Safety Five Ep. 12: New Sanitation and Growth Prediction Methods for Listeria

Food Safety Five Ep. 12: New Sanitation and Growth Prediction Methods for Listeria

Food Safety Five Ep. 11: New Foodborne Illness Data and Research From CDC

Food Safety Five Ep. 11: New Foodborne Illness Data and Research From CDC

Food Safety Five Ep. 9: Major Changes at FDA, CDC, USDA Under Trump Administration

Food Safety Five Ep. 9: Major Changes at FDA, CDC, USDA Under Trump Administration

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Deli Salads
    Sponsored byCorbion

    How Food Safety is Becoming the Ultimate Differentiator in Refrigerated and Prepared Foods

Popular Stories

Image of Tyson Foods logo and the logos of Tyson Foods brands

Tyson Foods is Reformulating Food Products to Eliminate Petroleum-Based Synthetic Dyes

USDA building.jpg

More Than 15,000 USDA Employees Take Trump Administration's Resignation Offer

Woman reading the warning label on a bottle of wine

A 40-Year Hangover: Efforts to Revive 1980s Advocacy About the Potential Negative Effects of Alcohol Consumption

Events

May 12, 2025

The Food Safety Summit

Stay informed on the latest food safety trends, innovations, emerging challenges, and expert analysis. Leave the Summit with actionable insights ready to drive measurable improvements in your organization. Do not miss this opportunity to learn from experts about contamination control, food safety culture, regulations, sanitation, supply chain traceability, and so much more.

May 13, 2025

Effective Sanitation Basics

Live Streaming from the Food Safety Summit: This dynamic workshop will help participants understand the sanitation process, effective monitoring, use of data streams, and root cause analysis basics.

May 14, 2025

Finished Product Testing Isn’t the Answer

Live Streaming from the Food Safety Summit: This session will review product specifications and what is practical, reasonable, and truly impactful to the safety of the foods we produce to protect public health.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products
Environmental Monitoring Excellence eBook

Related Articles

  • The National Provisioner's Regulations and Legislation

    FSIS looks to modernize swine slaughter inspection

    See More
  • pig in transport

    USDA-FSIS Updates Guidance for Salmonella Control in Swine Slaughter, Pork Processing Establishments

    See More
  • slabs of pork

    FSIS Responds to Federal Court Ruling on U.S. Pork Processing Plants' Line Speeds

    See More

Related Directories

  • Log 10 LLC

    Our core science is food microbiology, and our name reflects the way microbe numbers are expressed. Our mission is to provide professional consulting, research, testing, and training support to the food industry relative to the manufacture and delivery of safe, high-quality food products.
×

Never miss the latest news and trends driving the food safety industry

eNewsletter | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing

Food Safety
search
cart
facebook twitter linkedin
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • ENEWSLETTER >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!