The U.S. District Court for Northern California is allowing a lawsuit challenging the implementation of USDA’s New Swine Inspection System to proceed by denying USDA’s motion to dismiss the case.

The lawsuit was filed in January 2020 by the Center for Food Safety, Food & Water Watch and the Humane Farming Association.

The groups allege the final rule to implement the voluntary new system eliminates important aspects of the inspection process and violates the Administrative Procedure Act and the Federal Meat Inspection Act.

USDA’s traditional inspection system required federal inspectors to inspect swine before slaughter, tagging and separating animals indicating signs of disease. It also required federal inspectors to appraise the carcass of each animal, condemn animals found to be adulterated and supervise the disposal of the condemned animals.

The groups allege the new system permits plant employees to conduct pre- and post-slaughter inspection instead of federal investigators.

They also allege plant employees are not required to receive inspection training, which they contend will increase the amount of adulterated or contaminated swine products entering the food market and the risk of foodborne illness.

In addition, plaintiffs allege that increased line speeds in the new system will diminish the ability of inspectors to identify potentially diseased or adulterated carcasses. They also allege the final rule for the new system revokes E. coli and salmonella testing standards and gives establishments the ability to determine microbiological sampling plans independently.

Lastly, the plaintiffs allege their members who want continue consuming pork will be unable to avoid pork from plants using the new system, given the number of plants likely to adopt the system and the absence of labeling regarding the location of swine slaughter.

The final rule promulgated by USDA Food Safety and Inspection Service went into effect Dec. 2, 2019. USDA sought to dismiss the lawsuit due to the plaintiffs’ lack of standing.

In his ruling, Judge Jeffery S. Wright said, “… the court concludes there is a credible threat that plaintiffs’ members face an increased risk of illness from consuming adulterated products because of the final rule, sufficiently establishing standing based on potential future harm.”

“We are pleased that the court recognizes the ‘credible threat’ posed by USDA’s new swine inspection rules,” Ryan Talbott, staff attorney for the Center for Food Safety, said in a press release.

“Those rules are disastrous for public health by transferring inspection duties to untrained plant employees and allowing increased line speeds. This all but ensures that tainted meat will be sold to consumers, increasing the threat of foodborne illness outbreaks,” he said.

The court’s decision brings the plaintiffs one step closer to ending “this reckless policy change,” he said.

National Pork Producers Council declined to comment on the court’s decisions.

Capital Press did not immediately hear back on its request for comment to the North American Meat Institute.