Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—Proposed higher poultry line speeds, removal of maximum speeds for swine garner concerns, (Apr 27, 2026)

By Patricia K. Ruiz, J.D.

“Workers will find themselves in more dangerous workplaces, consumers will be at risk of buying unsafe meat, and communities will face the possibility of plants closing if this rule is finalized.”

Comment periods for two rules proposed by USDA’s Food Safety and Inspection Service have raised a series of concerns by labor groups and others, many of which were described in thousands of comments submitted during public comment periods that recently closed.

Poultry. One proposed rule by the USDA’s Food Safety and Inspection Service (FSIS) would increase maximum slaughter line speeds for young chicken and turkey establishments operating under the New Poultry Inspection System (NPIS) and revise related oversight provisions. The proposal would also define “maximum line speed” by reference to inspection capacity, clarify when inspectors may require plants to slow operations, and eliminate an annual worker safety attestation requirement. This proposed rule received nearly 39,000 comments during the comment period.

Swine. Another proposed rule would amend the Federal meat inspection regulations to allow establishments operating under the New Swine Slaughter Inspection System (NSIS) to determine their own line speeds based on their ability to maintain process control. FSIS is also proposing to clarify that the FSIS inspector may reduce the rate of establishment operations at any point in the slaughter process when, in their judgement, there is a loss of process control, or a carcass-by-carcass inspection cannot be adequately performed within the time available due to the manner in which the swine are presented to the online carcass inspector or the health condition of the particular herd. Finally, FSIS proposed to amend the regulations to remove the requirement that NSIS establishments submit an annual attestation to FSIS stating that they maintain a program to monitor and document work-related conditions of establishment workers. This rule received over 37,000 comments during the comment period.

The United Food and Commercial Workers International Union (UFCW), which represents hundreds of thousands of meatpacking and food processing workers, noted that the U.S. Department of Agriculture received more than 42,000 public comments from UFCW members and the public against these proposed rules.

Mark Lauritsen, Director of the Food Processing, Packing and Manufacturing Division and International Vice President at UFCW International, said:

“Throughout this public comment period, UFCW members made clear to the USDA that increased line speeds risk setting their workplaces back decades. Meatpacking workers know the potential impact of this proposed rule better than any elected official, bureaucrat, or industry talking head.

“From the beginning, this proposed rule has been in service to the bottom line of the big meatpackers. It flies in the face of the USDA’s own studies about the impact of line speeds on workers in poultry and pork, and will do nothing to lower prices like the administration claims.

“Workers will find themselves in more dangerous workplaces, consumers will be at risk of buying unsafe meat, and communities will face the possibility of plants closing if this rule is finalized. The UFCW urges the USDA and the Trump administration to abandon this effort. They cannot ignore the voices of thousands of workers who work hard to feed America every day.”

Reasoning behind poultry proposal. According to FSIS, the poultry proposal reflects data gathered over several years from pilot programs, regulatory waivers, agency verification activities, and contracted studies evaluating food safety outcomes and inspection performance at higher speeds. FSIS stated that the proposed amendments are intended to allow poultry establishments to operate more efficiently while ensuring compliance with the Poultry Products Inspection Act’s requirement that each bird receive a carcass-by-carcass post-mortem inspection.

The proposed rule would permit young chicken establishments operating under the NPIS to run slaughter lines at speeds of up to 175 birds per minute, up from the current regulatory maximum of 140 birds per minute. The rule would also increase the maximum line speed for NPIS turkey establishments from 55 birds per minute to 60 birds per minute.

The proposed rule would also clarify that inspectors-in-charge (IICs) may direct establishments to reduce line speeds at any point in the slaughter process when there is a loss of process control or when carcass-by-carcass inspection cannot be adequately performed. FSIS explained that inspectors already have authority to slow or stop operations when inspection or food safety requirements are not being met, and the proposal would make that authority explicit in the regulation.

Reasoning behind swine proposal. In its explanation for the proposed swine-related rule, FSIS explained that allowing establishments under NSIS to set their own line speeds reflects a shift toward outcome-based regulation grounded in actual food-safety performance. Rather than relying on a uniform numerical cap, FSIS maintains that line speeds should correspond to each establishment’s demonstrated ability to maintain process control, prevent contamination, and meet microbial standards. The agency also noted that fixed limits can constrain operational efficiency and prevent establishments—particularly those that have invested in automation, staffing, and controls—from operating at “economically efficient” levels. It stated that, among other things, “[t]he elimination of maximum line speeds at NSIS establishments would remove an unnecessary regulatory obstacle to industry innovation.” FSIS emphasized that any economic gains are conditioned on continued compliance: inspectors retain authority to slow or stop production whenever process control is lost or inspections cannot be properly performed. FSIS argues that this approach supports efficiency and modernization while safeguarding food safety through inspector oversight and performance-based controls.

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