A U.S. District Court judge for the Northern District of California, San Francisco Division, dismissed a lawsuit filed four years ago against the USDA regarding its decision to increase line speeds at poultry plants.
Originally filed on Feb. 25, 2020, the complaint by the Humane Society of the United States, Animal Outlook, Mercy for Animals, Government Accountability Project and Marin Humane alleged USDA implemented line speed changes without providing time for legal notice and time for public comment.
The USDA’s Food Safety and Inspection Service (FSIS) introduced a waiver system in 2018 to permit poultry processors participating in the New Poultry Inspection System (NPIS) to operate line speeds exceeding 175 birds per minute.
USDA argued the plaintiffs lacked standing as the 2018 decision was not reflective of the agency’s final action. The 2018 waivers were terminated and modified waivers were allowed under new criteria in 2022.
The court dismissed the complaint with leave to amend. The plaintiffs must file any amended complaint within 21 days. If the plaintiffs do not amend the complaint, the court will enter judgment in favor of the defendants.
