USDA has announced pork processing plants operating under the New Swine Slaughter Inspection System should prepare to revert to a maximum line speed of 1,106 head per hour on June 30.

USDA’s action is the result of a federal district court ruling striking down a provision in the final rule for the new system allowing increased line speeds. That provision had removed maximum line speeds and allowed plants to determine their own line speeds based on their ability to maintain process control.

The U.S. District Court for the District of Minnesota vacated that portion of the final rule, finding that USDA violated the Administrative Procedures Act when it failed to consider earlier public comment on worker safety in the final rule.

Five of the six plants affected by the decision have been running higher line speeds for more than 20 years under the pilot program aimed at modernizing USDA’s swine inspection system.

Those plants were running between 1,225 and 1,450 head per hour, according to an analysis by Dermot Hayes, an economist at Iowa State University.

The National Pork Producers Council urged USDA to appeal the ruling, citing disastrous consequences for hog farmers.

“NPPC is disappointed with the USDA’s decision to support a flawed federal district court decision to strike down line-speed provisions…,” the council said in an emailed response to Capital Press.

Line speeds in the New Swine Inspection System have been successfully evaluated and tested since the Clinton administration, it said.

“Based on more than 20 years of development, NSIS line speeds have been proven to safely support much-needed pork processing capacity in the United States,” the council said.

While USDA has until the end of August to appeal the decision, irreparable harm will be exacted on small U.S. hog farmers when this court order goes into effect at the end of June, it said.

“NPPC will continue to pursue all avenues to reverse a court decision that will lead to pork industry consolidation and increased packer market power,” the council said.

Sarah Little, vice president of communications for the North American Meat Institute, said members affected by the court’s ruling will continue to operate their facilities with the highest worker safety standards.

“There are significant unintended consequences associated with the judge’s ruling, including workers who will now have increased workloads as companies attempt to make up for lost production and hundreds of processing positions that may be eliminated,” she said.

In addition, Hayes’ economic study estimated small pork producers could lose more than $80 million, she said.

“The Meat Institute will keep working with USDA and labor organizations to identify a way forward for NSIS that allows for safe, efficient and innovative pork production,” she said.

Rep. Glen “GT” Thompson, Republican leader of the House Agriculture Committee, also weighed in.

“The court’s decision offered USDA the opportunity to address minor technical deficiencies and reinforce an otherwise thoughtful and deliberative rulemaking that has taken decades to develop,” he said.

“It is disappointing that it appears union politics have taken precedence over protecting U.S. businesses, farmers and consumers. I hope the administration will reconsider its path forward and remedy this situation with a pragmatic, forward-looking solution,” he said.