Yesterday, the President signed an Executive Order delegating authority under the Defense Production Act (DPA) with respect to food supply chain resources, ensuring meat and poultry processors continue operations.  The Executive Order, as well as additional information shared from USDA, is below.  The CDC/OSHA interim guidelines for meat and poultry processing workers and employees can be found here, and the Executive Order on the White House page can be found here. 

Let us know if you have any questions or concerns. 

Thank you,

Laura

Below you will find a Presidential Executive Order Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 along with additional information. .

=        Fact Sheet – President Donald J. Trump is Taking Action to Ensure the Safety of Our Nation’s Food Supply Chain

• Press Release – USDA To Implement President Trump’s Executive Order On Meat and Poultry Processors

=        Executive Order – Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19

Fact Sheet – President Donald J. Trump is Taking Action to Ensure the Safety of Our Nation’s Food Supply Chain
“We’re working very hard to make sure our food supply chain is sound and plentiful.” – President Donald J. Trump
 

PROTECTING MEAT SUPPLIES: President Donald J. Trump is using the Defense Production Act to ensure that Americans have a reliable supply of products like beef, pork, and poultry.

=        President Trump is signing an Executive Order providing the authority to ensure the continued supply of beef, pork, and poultry to the American people. 

=        Under the order, the Department of Agriculture is directed to ensure America’s meat and poultry processors continue operations uninterrupted to the maximum extent possible.

o   To ensure worker safety, these processors will continue to follow the latest guidelines from the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA).

=        Unfortunately, a number of America’s large meat processors and their workers have been affected by outbreaks of coronavirus (COVID-19).

=        In addition, recent actions in some States have led to the complete closure of large processing facilities.

=        This action will further ensure that vitally important food processors are able to continue to operate safely and meet the consumer needs of the American people.

SUPPORTING CRITICAL INFRASTRUCTURE: Closure of meat and poultry processing plants can quickly have an outsized impact on our Nation’s food supply chain.

=        Given the high concentration of meat and poultry processors in a relatively small number of large facilities, closure of any of these plants could disrupt our food supply and detrimentally impact our hardworking farmers and ranchers.

=        Closure of a single large beef processing plant can result in the loss of over 10 million servings of beef in a single day.

=        Similarly, the closure of a single plant can eliminate more than 80 percent of the supply of a particular meat product—like ground beef—to an entire grocery store chain.

=        Failure to process livestock could force millions of pounds of meat to disappear from the market, potentially leading to long-term disruptions in our supply chain.

=        To combat this crisis and ensure the adequate availability of food for the American people, it is vital that these processors are able to remain operating at this critical moment, while also taking steps to prevent the spread of COVID-19 in their facilities.

STOCKING OUR SHELVES: President Trump has taken decisive action to make sure that Americans retain access to a variety of food and goods during the COVID-19 outbreak.

=        From the very outset of the domestic COVID-19 outbreak in January, the President has worked to ensure the grocery store shelves remain stocked with food and goods.

=        In March, the President held a teleconference with grocery store executives to make sure food and essentials would remain available during the outbreak.

=        In April, the President announced that his Administration would provide $16 billion to farmers, ranchers, and food producers who experience economic losses during this pandemic.

=        Through the Department of Agriculture, the Administration is purchasing $3 billion in fresh produce, dairy, and meat products of excess supply to be distributed in order to assist Americans in need as well as producers with lost markets.

Press Release – USDA To Implement President Trump’s Executive Order On Meat and Poultry Processors

U.S. Secretary of Agriculture Sonny Perdue released the following statement after President Donald J. Trump signed an Executive Order to keep meat and poultry processing facilities open during the COVID-19 national emergency.

“I thank President Trump for signing this executive order and recognizing the importance of keeping our food supply chain safe, secure, and plentiful. Our nation’s meat and poultry processing facilities play an integral role in the continuity of our food supply chain,” said Secretary Perdue. “Maintaining the health and safety of these heroic employees in order to ensure that these critical facilities can continue operating is paramount. I also want to thank the companies who are doing their best to keep their workforce safe as well as keeping our food supply sustained. USDA will continue to work with its partners across the federal government to ensure employee safety to maintain this essential industry.”

The Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services and the Occupational Safety and Health Administration (OSHA) of the Department of Labor have put out guidance for plants to implement to help ensure employee safety to reopen plants or to continue to operate those still open. Under the Executive Order and the authority of the Defense Production Act, USDA will work with meat processing to affirm they will operate in accordance with the CDC and OSHA guidance, and then work with state and local officials to ensure that these plants are allowed to operate to produce the meat protein that Americans need. USDA will continue to work with the CDC, OSHA, FDA, and state and local officials to ensure that facilities implementing this guidance to keep employees safe can continue operating.

Additional information and details will be released soon.

EXECUTIVE ORDER
 
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DELEGATING AUTHORITY UNDER THE DEFENSE PRODUCTION ACT WITH RESPECT TO FOOD SUPPLY CHAIN RESOURCES DURING THE NATIONAL EMERGENCY CAUSED BY THE OUTBREAK OF COVID-19

  
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq.) (the "Act"), and section 301 of title 3, United States Code, it is hereby ordered as follows:

     Section 1.  Policy.  The 2019 novel (new) coronavirus known as SARS-CoV-2, the virus causing outbreaks of the disease COVID-19, has significantly disrupted the lives of Americans.  In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), I declared that the COVID-19 outbreak in the United States constituted a national emergency, beginning March 1, 2020.  Since then, the American people have united behind a policy of mitigation strategies, including social distancing, to flatten the curve of infections and reduce the spread of COVID-19.  The COVID-19 outbreak and these necessary mitigation measures have taken a dramatic toll on the United States economy and critical infrastructure.
 
     It is important that processors of beef, pork, and poultry ("meat and poultry") in the food supply chain continue operating and fulfilling orders to ensure a continued supply of protein for Americans.  However, outbreaks of COVID-19 among workers at some processing facilities have led to the reduction in some of those facilities' production capacity.  In addition, recent actions in some States have led to the complete closure of some large processing facilities.  Such actions may differ from or be inconsistent with interim guidance recently issued by the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services and the Occupational Safety and Health Administration (OSHA) of the Department of Labor entitled "Meat and Poultry Processing Workers and Employers" providing for the safe operation of such facilities.

     Such closures threaten the continued functioning of the national meat and poultry supply chain, undermining critical infrastructure during the national emergency.  Given the high volume of meat and poultry processed by many facilities, any unnecessary closures can quickly have a large effect on the food supply chain.  For example, closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day.  Similarly, under established supply chains, closure of a single meat or poultry processing facility can severely disrupt the supply of protein to an entire grocery store chain.

     Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).  Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.  Under the delegation of authority provided in this order, the Secretary of Agriculture may identify additional specific food supply chain resources that meet the criteria of section 101(b).

     Sec. 2.  Ensuring the Continued Supply of Meat and Poultry.  (a)  Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness), the authority of the President to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, and to implement the Act in subchapter III of chapter 55 of title 50, United States Code (50 U.S.C. 4554, 4555, 4556, 4559, 4560), is delegated to the Secretary of Agriculture with respect to food supply chain resources, including meat and poultry, during the national emergency caused by the outbreak of COVID-19 within the United States.

     (b) Secretary of Agriculture shall use the authority under section 101 of the Act, in consultation with the heads of such other executive departments and agencies as he deems appropriate, to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.

     (c) The Secretary of Agriculture shall issue such orders and adopt and revise appropriate rules and regulations as may be necessary to implement this order.  
  

     Sec. 3.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

          (i)   the authority granted by law to an executive department or agency, or the head thereof; or

          (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.