WHAT HAPPENED: In the March 27, 2026, Constituent Update, FSIS announced that establishments with updated retained water protocols would have one final extension until January 1, 2027, to make any necessary label changes. This additional time would help ensure that industry can obtain sufficient label materials and update any product labels, as necessary, by the deadline. Establishments still seeking review and approval of their retained water protocol must submit it with the associated data through askFSIS by June 1, 2026.
WHY IT MATTERS: In January 2025, FSIS published a final revised guideline providing a new equation to calculate moisture retention in meat and poultry products. In many cases, the new formula resulted in elevated and highly variable retained water percentages for the exact same product, with no actual change in an establishment’s procedures and processes.
NCC’s TAKE: While industry appreciates the additional time, the calculation remains unchanged and the concerns remain left largely unaddressed. NCC filed extensive comments on the guidelines and requested an extension of implementation dates, as the new calculation has led to higher and more variable retained moisture values. In the comments, we argued that the change did not go through the formal rule-making process, it lacked scientific justification, could have trade impacts, and lead to consumer confusion.
NEXT STEPS: We will continue to work with our members to navigate through these changes. Questions regarding retained water protocols can be sent to the Office of Policy and Program Development (OPPD) through askFSIS by selecting the “New Technology, Innovations” Inquiry Type.
After a two-week spring district work period, both chambers of Congress are scheduled to return to Washington on April 14. Lawmakers are coming back to a full plate — with several unresolved and contentious issues on the agenda.
Other than the war in Iran, the most pressing item is the ongoing partial government shutdown of the Department of Homeland Security, which has now dragged on since February 14. The House passed a short-term bill to fund DHS through May 22, but the Senate passed a different version that would fund most of the department except for Immigration and Customs Enforcement and parts of Customs and Border Protection. The two chambers went into recess without reconciling those bills.
Republican leaders in both chambers have coalesced around a two-track approach: passing a bipartisan bill to fund most of DHS and reopen the agency, while separately pursuing budget reconciliation to fund ICE and Customs and Border Protection — allowing those priorities to pass with a simple Senate majority without needing Democratic votes.
Of note to the chicken industry, House Appropriations subcommittees have scheduled hearings next week on President Trump’s fiscal year 2027 budget requests:
- Agriculture Secretary Brooke Rollins will testify before the House Agriculture Appropriations Subcommittee on Thursday at 10:30 a.m.
- Trade Representative Jamieson Greer will testify before the House Appropriations Commerce, Justice and Science Subcommittee on Thursday at 11 a.m.
WHAT HAPPENED? The U.S. Court of International Trade will hear oral arguments today in New York City in State of Oregon, et al. v. Trump, a lawsuit brought by 24 states challenging the administration’s use of Section 122 of the Trade Act of 1974 to impose a new round of global tariffs. The action follows the Supreme Court’s February 20 ruling that the International Emergency Economic Powers Act does not authorize the president to unilaterally set tariffs — prompting the administration to pursue tariffs under a different legal authority.
WHY IT MATTERS: The plaintiff states argue the tariffs violate the Constitution’s separation of powers and do not meet Section 122’s statutory requirements. The effective U.S. tariff rate now stands at roughly 8 percent — more than double the 3 percent rate in place before January 2025. States estimate they face at least $748 million per year in additional costs.
NEXT STEPS: The three-judge panel will decide whether to block the tariffs while the case proceeds. Any ruling is expected to be appealed, potentially returning the matter to the Supreme Court.
WHAT HAPPENED? The Joint Poultry Industry Safety Award Program recently announced it is accepting applications from poultry industry facilities that have demonstrated exceptional safety programs.
WHO CAN APPLY? This award program is open to members of the National Chicken Council (NCC), National Turkey Federation (NTF), and U.S. Poultry & Egg Association (USPOULTRY). Eligible facilities include poultry processing plants, further processing facilities, egg processing plants, hatcheries, feed mills, animal support services and rendering facilities. To qualify, applicants must have implemented innovative and effective safety programs as well as have maintained injury and illness rates below the industry average for three consecutive years.
WHY IT MATTERS: The poultry processing industry has demonstrated consistent and remarkable improvement in worker safety training, programs and results. According to the most recent data from the Bureau of Labor Statistics (BLS), the poultry industry reported an injury rate of 2.4 per 100 full-time workers. This marks a 90% reduction from 1994, when the recorded rate was 22.7, the oldest data available from BLS.
WHAT THEY’RE SAYING: “Working safely is part of our industry’s values of taking care of our folks,” said Rick Hellinga, senior director of Safety, Health and Loss Prevention at Simmons Foods and chair of the Joint Poultry Industry Safety & Health Council. “Our workforce is at the heart of producing nutritious, affordable food, and the industry is continually advancing safety practices, training and technology to reduce workplace hazards. As a result, we have seen meaningful progress in reducing injuries and illnesses over the years.”
NCC’s TAKE: We encourage members to apply for the awards and highlight their tremendous progress in advancing worker safety.
NEXT STEPS: Award program rules, regulations and application forms can be accessed here. The application deadline is May 15. The annual awards will be presented during the National Safety Conference for the Poultry Industry, Aug. 17-19, at the Hilton Sandestin Beach Golf Resort & Spa in Destin, Fla.
What Happened: USDA’s Food Safety and Inspection Service (FSIS) on Tuesday published an Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register seeking stakeholder input on whether — and how — the agency should update the size definitions it uses to classify meat and poultry establishments as “very small,” “small,” or “large.” FSIS is asking stakeholders to weigh in on alternative metrics such as production volume, corporate ownership structure, and business revenue.
Why It Matters: The current definitions, which are based on employee count and annual sales, date back to the 1996 Pathogen Reduction/HACCP Systems final rule and have remained largely unchanged since.
The size classifications determine, in part, which regulatory requirements apply to a facility, when compliance deadlines kick in, and which federal assistance programs an establishment is eligible for. Poultry processing facilities that fall under the “small” or “very small” categories may qualify for phased extended compliance timelines, reduced inspection fees, and exemptions from certain labeling and sampling requirements. The current definitions create some significant anomalies — an 11-employee plant and a 499-employee plant, for example, are both classified as “small,” even though their production capacity may be vastly different.
NCC’s Take: We have been advocating for a change to the establishment size definitions for some time and welcome this announcement. It is our position that establishments should be categorized by production volume instead of employee count, ownership structure, or revenue.
What’s Next: NCC will be providing comments to the agency which are due May 26, 2026.
WHAT HAPPENED: After 41 days, the Senate voted early Friday morning to fund most of the Department of Homeland Security, excluding ICE and Customs and Border Patrol (CBP). In a near-empty chamber, senators approved the funding by voice vote at 3 a.m. The fight over ICE and CBP will be pushed to reconciliation, along with measures on funding the war in Iran and the SAVE America Act.
WHAT’s NEXT? House leadership isn’t sure when the chamber would take this up, but it is expected it will be today or Saturday, and the bill should pass the House before the end of the weekend at the latest.
WHAT HAPPENED: USDA on Tuesday announced the launch of a national public awareness campaign to inform meat, poultry, and egg producers of the “Product of USA” voluntary labeling standard which went into effect on January 1, 2026, and intends to increase consumer understanding of what the label means. The claim is voluntary and ends the prior practice which allowed imported products to carry the claim after minimal processing and strengthens consumer confidence by aligning with what Americans expect and demand.
WHY IT MATTERS: The new labels follow updated USDA rules governing which products can carry the designation. Previously, items that were merely packaged or processed in the U.S. could legally use the label. In 2024, USDA revised the labeling rules, with the new requirements going into effect earlier this year. USDA does not maintain mandatory country-of-origin labeling claims for other types of meat products.
NCC’s TAKE: Consumers seeking chicken that’s Made in the USA can already find the “Hatched, Raised & Harvested in the U.S.” label on American chicken. Nearly all chicken consumed in the USA (more than 99%) is hatched raised and processed here, and this must be noted on the package in retail, as chicken has mandatory country of origin labeling. “We are very proud of that distinction, and now our members have another tool to showcase that their chicken is American made,” said NCC spokesperson Tom Super.
NEXT STEPS: For more information and an FAQ, visit: https://www.usda.gov/usa.
