Food Safety
search
Ask Food Safety AI
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
    • 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. 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...
    Methods
    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...
    Contamination Control
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to eNewsletter
  • 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
  • Salmonella bacteria
    Sponsored byThermoFisher

    Food Microbiology Testing Methods: Salmonella species

  • a diagram explaining indicator organisms
    Sponsored byHygiena

    How Proactive Listeria Testing Helps Prevent Six- and Seven-Figure Recalls

  • woman grocery shopping
    Sponsored byCorbion

    Designing Safety Into Every Bite: Proactive Risk Mitigation for Refrigerated Foods

Popular Stories

NRTE breaded stuffed chicken

USDA Indefinitely Delays Enforcement of Salmonella as Adulterant in Raw Breaded, Stuffed Chicken

non-conforming product

How to Handle Non-Conforming Product

spoonfuls of food ingredients

FDA’s Developing Rule to Tighten GRAS Oversight Moves to White House

Events

December 11, 2025

How to Develop and Implement an Effective Food Defense Strategy

Live: December 11, 2025 at 2:00 pm EDT: From this webinar, attendees will learn common areas where companies encounter challenges in their food defense strategies and how to address them.

May 11, 2026

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.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

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
  • hog lying down

    USDA-FSIS Proposes Changes to Post-Mortem Swine 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

  • 1119071127.jpg

    Food Safety, Risk Intelligence and Benchmarking

See More Products

Events

View AllSubmit An Event
  • December 12, 2024

    Cooking Instructions Validation: How to Ensure the Safety of Not-Ready-to-Eat Products

    On Demand: From this webinar, attendees will be able to identify the different requirements for ready-to-eat and not-ready-to-eat products.
View AllSubmit An Event

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

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