NCC this week submitted comments to the Department of Justice’s (DOJ) Anticompetitive Regulations Task Force, announced on March 27, 2025, outlining several opportunities for regulatory reform in order to unleash competition.
Specifically, NCC identified:
Three Packers and Stockyards Act (PSA) Rules issued by USDA-AMS. This suite of three Biden Administration rulemakings exceeds USDA’s statutory authority and threaten to destroy livestock and poultry contracting practices: Transparency in Poultry Grower Contracting and Tournaments; Inclusive Competition and Market Integrity under the Packers and Stockyards Act; and Inclusive Competition and Market Integrity under the Packers and Stockyards Act.
Organic Livestock and Poultry Standards (OLPS) Final Rule issued by USDA-AMS. This rule imposed substantial restrictions on animal welfare and enrichment practices, not just the types of substances that may be administered or fed to the birds, which is typically the focus of organic regulations.
Payment of Indemnity and Compensation for Highly Pathogenic Avian Influenza issued by USDA-APHIS. We urge APHIS to rescind or suspend the implementation of the IFR and reissue it in its proposed form, allowing the agency to consider comments on how to most effectively implement and audit to specific biosecurity requirements.
Salmonella in Not-Ready-to-Eat Breaded Stuffed Chicken Products issued by USDA-FSIS. Under USDA Secretary Rollins’ leadership, FSIS postponed implementation of this policy until November 2025. We urge FSIS to withdraw this final determination and to recommit to its longstanding and scientifically grounded policy that Salmonella is not an added substance or an adulterant in raw chicken, while continuing to work with industry on appropriate ways to improve public health.
Lift Restrictions on Chicken Evisceration Line Speeds issued by USDA-FSIS. After an independent study found that evisceration line speeds do not affect worker safety, NCC is urging the agency to initiate rulemaking to raise poultry slaughter evisceration line speeds to 175 birds per minute as originally contemplated. This would have deregulatory effects by easing arbitrary regulatory restrictions on industry and increasing the industry’s global competitiveness.
Rescind Unnecessary Shell Egg Requirements for Surplus Broiler Eggs Sent to Pasteurization issued by FDA. NCC is urging FDA to exempt surplus broiler hatching eggs from its shell egg rule’s refrigeration requirement, allowing these eggs to be sent to FSIS-regulated egg breaking plants for pasteurization.
Effluent Limitations Guidelines for Meat and Poultry Products Point Source Category issued by EPA. EPA did not provide adequate time to allow for meaningful public comment on the proposed rule which, if finalized, would result in numerous facility closures and major job losses nationwide, leading to higher production costs and increased prices for American consumers. NCC is encouraging EPA to rescind the proposed rule, keep in place the current MPP ELGs that were established in 2004, and redo the necessary scientific, economic, and engineering studies necessary to determine whether new requirements are truly needed.
“Although we support the agencies’ missions to protect the food supply and public health, each of these rules would or do impose unnecessary, costly, and unlawful regulatory burdens on industry without commensurate benefits to food safety or public health,” wrote Ashley Peterson, Ph.D., NCC senior vice president of scientific and regulatory affairs. “Moreover, although several of these rules are not yet finalized, we believe that their substantial burdens warrant the administration’s review and action. Addressing the issues described above will significantly advance President Trump’s command to cut red tape, make sure agencies work within their statutory authorities, and help unleash the full potential of the U.S. chicken industry.”
NCC outlined several other suggestions for regulatory reform at various agencies and recently provided similar comments to the Office of Management and Budget and the Small Business Administration.
NCC comments to DOJ can be read in their entirety by clicking here.
