Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin instagram youtube
  • 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
    • NEWSLETTERS >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
    • ASK FSM AI
  • 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.

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

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

Share This Story

Baileehendersonmay23

Bailee Henderson is the Digital Editor of Food Safety Magazine, where she covers industry-relevant current events, regulatory affairs, and scientific developments. She also produces the Food Safety Five Newsreel. Notably, Bailee's coverage for Food Safety Magazine has been featured in national televised news segments including CBS Sunday Morning and MSNBC's Rachel Maddow Show. 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...
    Food Type
    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...
    Food Prep/Handling
    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...
    International
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to Newsletters
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

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
  • The image shows a variety of fresh produce packaged in plastic trays and wrap.
    Sponsored byWaters Corporation

    PFAS-Free Food Packaging by August 2026

  • This image displays a multi-stage water filtration system designed to remove contaminants from drinking water.
    Sponsored byWaterdrop Filter

    The 4.0 ppt Era: Future-Proofing Your Food Supply Chain Against 'Forever Chemicals'

  • The image displays a bottling plant production line, commonly used in the beverage industry for filling and packaging soft drinks.
    Sponsored byBIOIONIX

    Sustainability with ROI: A Beverage Producer Case Study in Water Savings

Popular Stories

half shredded block of cheddar cheese and pile of cheese shreds on wooden cutting board

Patient Count in Raw Farm E. coli Outbreak Grows, Majority are Young Children

RAW FARM-brand raw cheddar cheese shreds

Amid E. coli Outbreak, Congress Urges FDA to Mandate Raw Cheese Recall

smiling employee in bottling factory looking at camera with arms crossed in front of production line

GFSI Unveils Updated Food Safety Culture Framework

foreign material webinar


Events

March 31, 2026

Regulatory Risk, Ingredient Safety, and GRAS: What Companies Need to Act on Now

Live: March 31, 2026, at 11:00 am EDT: From this webinar, attendees will recognize patterns in food policy affecting dietary guidelines, UPFs, state legislative actions, and expected GRAS reform.

April 8, 2026

Foreign Material Contamination: Why In-Line Reinspection Isn't Enough

Live: April 8, 2026, at 11:00 am EDT: From this webinar, attendees will learn why reinspecting with in-line equipment is not sufficient when it comes to potential foreign material contamination.

April 16, 2026

Recordkeeping and Document Management for Food Safety Compliance

Live: April 16, 2026, at 2:00 pm EDT: From this webinar, attendees will learn why recordkeeping and document control are essential to food safety and business management.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • two hogs' noses poking out between cage bars

    USDA-FSIS Proposes to Permanently Raise Line Speed Limits at Swine, Poultry Slaughter Establishments

    See More
  • vending machine filled with chips and candy

    California Bill Would Require State Food Additive Safety Reviews, Closing Federal ‘Loophole’

    See More
  • The National Provisioner's Regulations and Legislation

    FSIS looks to modernize swine slaughter inspection

    See More

Related Products

See More Products
  • 0813808774.jpg

    Improving Import Food Safety

  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • 1119053595.jpg

    Food Safety for the 21st Century: Managing HACCP and Food Safety throughout the Global Supply Chain, 2E

See More Products

Related Directories

  • Eagle Product Inspection

    Eagle Product Inspection is a leading manufacturer of hygienically designed x-ray equipment & inline fat analysis systems. Eagle specializes in complex x-ray inspection solutions using dual energy photon-counting technology for bone detection and inline fat analysis for a wide variety of industries, including meat, poultry and seafood.
×

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

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • 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 ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing