PolicyBrief
H.R. 5038
119th CongressAug 26th 2025
American Protein Processing Modernization Act
IN COMMITTEE

This act establishes a standardized, time-bound process for meat and poultry plants to request and maintain faster USDA inspection rates based on meeting published food safety criteria.

Brad Finstad
R

Brad Finstad

Representative

MN-1

LEGISLATION

Meat and Poultry Plants Can Now Push for Faster USDA Inspections: What the 90-Day Auto-Approval Rule Means for Your Dinner Table

The newly proposed American Protein Processing Modernization Act is all about speed in the meat and poultry industry. This bill sets up a formal, fast-track process for processing plants to ask the USDA for "alternate inspection rates"—meaning, they want to run their lines faster than the current maximum allowed rates. The core of this change is a rigid timeline: once a plant submits a request, the Secretary of Agriculture has exactly 90 days to review it against published food safety criteria. If the Secretary doesn't respond in those 90 days, the request is automatically considered approved, a mechanism that prioritizes administrative speed over deliberation.

The 90-Day Timer and the 'Deemed Approved' Loophole

This 90-day deadline is the bill’s biggest procedural change, designed to cut bureaucratic red tape (Sec. 2. (b)). For a processing plant, this is great news; it means they can’t get stuck in regulatory limbo forever. If the USDA’s Food Safety and Inspection Service (FSIS) is short-staffed or slow to review the complex safety plans, the plant gets the green light anyway. This puts immense pressure on the USDA to review every request quickly, which could stretch their resources thin and potentially lead to less thorough vetting of safety plans just to beat the clock. For consumers, this raises a question: are we sacrificing detailed oversight for faster processing?

The Cost of Speed: Who Bears the Risk?

If a plant gets approved for these faster rates, they must maintain strict food safety standards. If the FSIS finds a plant isn't meeting those standards, the plant gets a warning and a generous 180-day window to fix the problems before the faster rate can be revoked (Sec. 2. (d)). Six months is a long time to correct a potential food safety issue, which could mean a long delay in necessary corrective action. This provision appears designed to protect the plant's operational flow, but it also means that, potentially, substandard conditions could persist for half a year before the plant is forced to slow down.

Worker Safety and the Environmental Pass

Perhaps the most concerning detail is tucked away in the definitions section. The bill explicitly states that this new section does not create any new responsibility or liability for the USDA regarding the safety of plant workers or any environmental issues related to these faster inspection rates (Sec. 2. (f)). Essentially, the USDA gets a pass on new liability for worker safety and environmental impacts that might arise from the increased speed and pressure. If the drive for speed leads to shortcuts that affect the people on the processing line or the local environment, the burden of ensuring safety and compliance falls squarely on the plant, with the federal oversight agency officially distancing itself from new liability in those specific areas. For the average worker, this means the push for modernization doesn't come with an increased federal safety net, only increased operational speed.

The Off-Ramp: Slowing Down Gracefully

If a plant’s faster rate is revoked after the 180-day grace period, the Secretary must set a timeline for the plant to transition back to the standard inspection rates. Crucially, when setting this timeline, the Secretary must consider the impact on live animal production and sourcing, and talk with the affected plant to minimize negative effects on their existing contracts and animal welfare (Sec. 2. (e)). This shows a clear intent to protect animal producers and the industry's supply chain continuity, ensuring that a plant's failure doesn't immediately cause chaos for the farmers supplying them. It’s a pragmatic approach to managing fallout, but it underscores how deeply this legislation is focused on maintaining industry flow.