USDA proposes to increase line speeds for young chicken, turkey, and swine operations

Background

Poultry: FSIS established NPIS in 2014 based on lengthy experience with the HACCP-Based Inspection Models Project (HIMP), which among other things allowed participating plants to operate evisceration line speeds at up to 175 bpm. Based on the results from the HIMP pilot, FSIS originally proposed a maximum line speed of 175 bpm for NPIS but ultimately finalized the rule with a maximum line speed of 140 bpm. FSIS granted waivers for the 20 young chicken establishments that participated in the HIMP pilot, explaining that the data from the HIMP pilot demonstrated that these establishments were capable of producing unadulterated product and meeting pathogen reduction and other performance standards while operating at line speeds up to 175 bpm. FSIS has expanded the waiver program to additional establishments that meet certain waiver criteria. When creating the expanded waiver program, FSIS discussed its intent to use data generated from establishments granted line speed waivers to assess the ability of NPIS establishments to maintain process control at higher line speeds and to inform future rulemaking. In 2020, FSIS stopped accepting requests for line speed waivers as it determined there were enough waiver participants to assess the effectiveness of the waiver program and move forward with rulemaking. In response to a lawsuit, FSIS modified the line speed waivers to require reporting on various worker safety metrics to support a study of the effects of line speeds on worker safety, resulting in a report released in January 2025. The Poultry Proposed Rule is the culmination of these data gathering efforts.

Swine: FSIS established NSIS in 2019 and at that time eliminated the existing maximum line speed of 1,106 heads per hour (hph) for NSIS establishments, authorizing those establishments to determine their own line speeds based on their ability to maintain process control. In 2021, a court determined that the removal of the maximum line speed requirement was arbitrary and capricious and NSIS establishments were once again subject to a maximum line speed of 1,106 hph, unless they received a waiver from FSIS. Data were gathered from establishments operating under line speed waivers, and in 2025 a study on worker safety was released based on this data. The Swine Proposed Rule relies on the data gathered from the waiver program to justify the elimination of line speed requirements.

Proposed Amendments in the Poultry Proposed Rule

The Poultry Proposed Rule would make four changes to the existing line speed regulations:

1. Increase the maximum line speed for young chicken and turkey establishments operating under NPIS from 140 to 175 bpm and 55 to 60 bpm, respectively;
2. Define “maximum line speed” as the time it takes for an inspector to effectively perform online carcass inspection procedures;
3. Allow FSIS to require establishments to reduce line speed at any point in the slaughter process when the IIC determines there is a loss of process control or inspection cannot be performed effectively at that speed due to the conditions of the carcasses; and
4. Remove the requirement that NPIS establishments submit annual attestations to FSIS regarding worker safety programs.

The Poultry Proposed Rule would increase the maximum line speed for young chicken and turkey establishments operating under NPIS from 140 to 175 bpm and from 55 to 60 bpm, respectively. With this change, broiler plants would no longer need waivers (including participating in the Salmonella Initiative Program (SIP)) to operate at line speeds of up to 175 bpm. Additionally, FSIS determined that it does not need to codify the criteria previously used to establish eligibility for a line speed waiver, explaining “they are now unnecessary because FSIS has determined that establishments are able to maintain process control at faster line speeds” and under the Poultry Proposed Rule inspectors-in-charge would have the authority to slow line speeds “at any point in the slaughter process” when deemed necessary.³ In the agency’s view, these elements, combined with existing statutory and regulatory requirements, provide appropriate safeguards to ensure food safety.

In addition to comments on the proposed increased maximum line speed, FSIS is also requesting comments on whether establishments should be allowed to operate at line speeds above 175 bpm. For example, the Poultry Proposed Rule notes that in the European Union many regulators only require that line speeds be compatible with animal welfare and food safety standards. This means that so long as the processors can demonstrate they can produce wholesome food while maintaining animal welfare standards, any line speed could be used. FSIS is interested in perspectives on whether a similar model should be adopted in the U.S.

Proposed Amendments in the Swine Proposed Rule

The Swine Proposed Rule would make three changes to the existing line speed regulations:

1. Allow swine slaughter establishments operating under NSIS to determine their own line speed based on their ability to maintain process control and animal welfare;
2. Allow FSIS to require establishments to reduce line speed at any point in the slaughter process when the IIC determines there is a loss of process control or inspection cannot be performed effectively at that speed due to the conditions of the carcasses; and
3. Remove the requirement that NSIS establishments submit annual attestations to FSIS regarding worker safety programs.

The Swine Proposed Rule proposes republishing 9 CFR § 310.26(c), which exempted NSIS participating establishments from the line speed requirements in 9 CFR § 310.1 so long as the establishment is able to maintain process control and prevent contamination of carcasses and parts from enteric pathogens, visible fecal material, ingesta, and milk. The Swine Proposed Rule claims this action “would remove an unnecessary regulatory obstacle to industry innovation” and is appropriate given the waiver establishments demonstrated they were capable of “producing safe, wholesome, and unadulterated pork products, and complying with humane handling requirements, while operating at line speeds above 1,106 hph.”⁴ Additionally, FSIS asserts that there are “natural and practical restrictions on line speeds during slaughter” such as the size of carcasses, the speed at which swine can humanely be moved, and cooler capacity⁵. If finalized, the Swine Proposed Rule would eliminate the need for NSIS participating establishments to receive waivers and participate in SIP in order to operate at line speeds faster than 1,106 hph.

Additional Information

Definition of “Maximum Line Speed.”

The final rule establishing NPIS and the current poultry line speed regulations did not define where on the processing line the speed limitation applies, and the agency has previously referred to line speed in poultry operations with respect to inspection, evisceration, or both. The Poultry Proposed Rule would clarify that the “maximum line speed” in 9 CFR § 381.69(a) refers to “the time it takes for an inspector to effectively perform the online carcass inspection procedures required for the NPIS.”⁶ FSIS is requesting comments specifically on this point.

Ability to Require a Reduction in Line Speeds.

Both proposed rules would clarify that inspectors-in-charge (IICs) have the authority to require establishments to slow line speeds “at any point in the slaughter process” when deemed necessary by their judgment. Specifically, the Poultry and Swine Proposed Rules would update 9 CFR § 381.69(d) and 9 CFR § 310.26(c), respectively, to provide that “IICs are authorized to require establishments to reduce the rate of establishment operations at any point in the slaughter process when, in their judgment, there is a loss of process control or when carcass-by-carcass inspection cannot be adequately performed” due to the way the birds/animals are presented or the health condition of the flock/herd.⁷ This revision would make clear that IICs may require a reduction in line speed at any point in the slaughter process when there is a loss of process control and not solely when the ability to perform an effective carcass-by-carcass inspection is lost.

Removal of Attestation to FSIS on Worker Safety.

The Poultry Proposed Rule would remove and reserve 9 CFR §§ 381.45 and 381.46 and the Swine Proposed Rule would remove and reserve 9 CFR §§ 310.27 and 310.28, which currently require that establishments operating under NPIS and NSIS submit an annual attestation stating they maintain a program to monitor and document work-related conditions of establishment workers. In the proposed rules, FSIS takes the position that these provisions represent an overreach of FSIS authority and that “FSIS cannot regulate establishment worker safety.”⁸ Specifically, the agency cites to the recent Supreme Court decision in Seven County Infrastructure Coalition v. Eagle County, Colorado,⁹ which held that “agencies are not required to analyze the effects of projects over which they do not exercise authority.” FSIS asserts that because it does not have statutory authority to regulate worker safety, it “has no legal obligation to analyze the impacts to the safety of workers in the establishments it inspects.”¹⁰ FSIS explains that prior positions by the agency should be considered moot under the Supreme Court’s decision in Seven County.

In addition to the agency’s position that it cannot impose requirements on worker safety under its statutory authority, the Poultry Proposed Rule reinforces that the results from the third-party contracted Poultry Processing Line Speed Evaluation (PULSE) study found that line speed was not associated with musculoskeletal disorder risk. Similarly, the Swine Proposed Rule cites a similar safety study conducted on facilities with line speed waivers, which did not demonstrate an increase in the risk of musculoskeletal disorder or antimicrobial-related respiratory exposure. Because of this, the proposed increase and elimination in line speeds should not represent a change to establishment worker safety at either poultry or swine slaughter establishments.

Next Steps

Broiler, turkey, and swine slaughter operations should evaluate the proposals carefully and consider providing comments directly or through a trade association. All comments must be submitted by April 20, 2026.

Authored by Brian Eyink and Erin Pannek.