Function by function
Each of the ten functions of this industry was reached by orders in every quarter, and for each the operation was partially suspended, in the statutory sense of a temporary delay, interruption or termination of a portion of it, because of those orders. This section states, for each function code, the instruments that reached it in each quarter, the modification each compelled, and the determination. The exhibit IDs are those of the layers and quarters sections above.
FP, farm production and harvest
Second quarter of 2020: the stay-at-home orders' travel and gathering clauses in every producing State (Ex. CA-002; Ex. WA-016; Ex. OR-007; Ex. MI-011; Ex. NY-003; Ex. FL-010; Ex. TX-008; Ex. GA-010); Washington's Proclamation 20-57 and housing rules (Ex. SEC-20-031; Ex. SEC-20-032; Ex. SEC-20-033); Oregon OSHA's AO 2-2020 (Ex. SEC-20-036); Alaska's Health Mandate 017 (Ex. SEC-20-047); North Carolina's Executive Order 147 from June 26 (Ex. SEC-20-044); Michigan's Executive Order 2020-114 (Ex. SEC-20-045); California's Executive Order N-51-20 (Ex. SEC-20-040). Third quarter of 2020: the same Washington and Oregon rules, readopted September 10 (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-058; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-059); Michigan's testing order from August 3 (Ex. MI-042); Virginia's emergency temporary standard from July 27 (Ex. SEC-10-042); the statewide face-covering orders, airborne-transmission controls on every business and indoor public setting (Ex. TX-021; Ex. MN-027; Ex. CO-031; Ex. LA-014). Fourth quarter of 2020: Cal/OSHA's standard from November 30 (Ex. SEC-10-041); Oregon OSHA's OAR 437-001-0744 from November 16 (Ex. SEC-10-054); the Michigan testing order and MIOSHA rules (Ex. MI-042; Ex. SEC-10-024); the winter stay-at-home and curfew orders (Ex. CA-020; Ex. MET-LA-012; Ex. VA-016). First quarter of 2021: the same standards; Washington's readoption of January 8 (Ex. SEC-20-034); Virginia's permanent standard (Ex. SEC-10-043); the conveyance order on every crew vehicle from February 1 (Ex. FED-020). Second quarter of 2021: Oregon's OAR 437-004-1115 from April 30 (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); Washington's revisions and readoptions of May 7, May 28 and June 1 (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-063; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-065; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-064); Cal/OSHA's readoption of June 17 (Ex. SEC-10-041); Michigan's re-issued testing order (Ex. MI-075). Third quarter of 2021: the instruments in items B-3 through B-8, B-10 and B-14 through B-16 of the third quarter of 2021 above.
The modification compelled. The orders required the grower to house fewer workers per camp (no top bunks; cohorts of fifteen; isolation space), to carry fewer per vehicle and to place every rider under the vehicle's airborne-transmission controls, face coverings among them, to space every worker six feet apart in the row and at meals and to appoint an officer to enforce it, to test every camp resident and quarantine every new arrival for fourteen days, to exclude every case and close contact, to require face coverings of every worker within six feet of another, and to document all of it in written plans subject to inspection.
The operation of farm production and harvest was partially suspended in the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021 because of the Washington, Oregon, California, Michigan, Virginia, North Carolina and New York housing, distancing, testing, transport and workplace instruments, the stay-at-home and face-covering orders of the producing States and counties, and the federal conveyance order.220
PK, packing houses and processing plants
Second quarter of 2020: the Governor's and Mayor's request of April 11, 2020 that closed Smithfield Sioux Falls (Ex. SEC-20-020; Ex. ECO-A-082) and the Weld County and State health authorities' demand, described by category, under which JBS Greeley closed April 13 to 24 (closure dates in OSHA's citation release, Ex. SEC-20-022); Executive Order 13917 from April 28 (Ex. SEC-20-001); the stay-at-home orders' conditions on essential manufacturing (Ex. PA-008; Ex. SEC-10-020; Ex. MET-DFW-011; Ex. MET-DFW-018; Ex. GA-010); Kentucky's whole-shift distancing (Ex. SEC-10-051); Michigan's Executive Order 2020-114 (Ex. SEC-20-045); North Carolina's surgical-mask rule (Ex. SEC-20-044); Chicago's line-speed and shift rules (Ex. MET-CHI-007). Third quarter of 2020: Executive Order 13917 and the updated guidance (Ex. SEC-20-028); Virginia's standard (Ex. SEC-10-042); Michigan's Executive Order 2020-145 and testing order (Ex. SEC-20-043; Ex. MI-042); Minnesota's preparedness plans (Ex. SEC-10-045); the county health and safety policy orders (Ex. MET-HOU-020; Ex. MET-DFW-023); Chicago's every-shift screening (Ex. MET-CHI-014). Fourth quarter of 2020 and first quarter of 2021: Cal/OSHA, Oregon OSHA, MIOSHA, Virginia and New Jersey standards (Ex. SEC-10-041; Ex. SEC-10-054; Ex. SEC-10-024; Ex. SEC-10-042; Ex. SEC-10-043; Ex. SEC-10-021); the winter closure and curfew orders on the plants' communities; OSHA's National Emphasis Program from March 12, 2021 (Ex. SEC-10-014). Second quarter of 2021: the same standards; Cal/OSHA's readoption; Oregon's permanent rule (Ex. SEC-10-055); New York's HERO Act (Ex. SEC-10-029); Kentucky's requirements to June 11 (Ex. SEC-10-051); New Jersey's to June 4 (Ex. SEC-10-021); MIOSHA's to June 22 (Ex. SEC-10-024). Third quarter of 2021: Executive Order 13917; the revised National Emphasis Program of July 7 (Ex. SEC-10-015); the Cal/OSHA, Oregon, Virginia and New York instruments; the Delta-wave State and county face-covering orders (workplace and public-setting exposure controls), including Columbus's ordinance naming manufacturing and agricultural workplaces (Ex. MET-CMH-050); the federal workforce orders on the inspectors (Ex. FED-272; Ex. FED-064).
The modification compelled. The orders closed plants for days and weeks, then required six feet between workers on the line or barriers where six feet was impossible, slowed the chain, staggered the shifts and breaks, screened every worker at the door, excluded every case and close contact for ten to fourteen days, required face coverings of every worker (in North Carolina, surgical masks), tested every worker before in-person work in Michigan, and made the whole documented in written plans and subject to programmed inspection under a national emphasis program that named the industry by code.
The operation of packing houses and processing plants was partially suspended in the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021 because of the April 2020 closure directions, Executive Order 13917 and the guidance it enforced, the State manufacturing and occupational-safety standards, the county food-plant and health-and-safety-policy orders, the State and county face-covering orders, OSHA's National Emphasis Program and the federal workforce orders.221
LB, labor
Second quarter of 2020: the Department of State's suspension and H-2 announcement (Ex. SEC-20-012; Ex. SEC-20-013); the USCIS closure (Ex. FED-324); the H-2A and H-2B rules (Ex. SEC-20-005; Ex. SEC-20-008); Proclamations 10014 and 10052 (Ex. SEC-20-009; Ex. SEC-20-010); the entry proclamations (Ex. FED-200; Ex. FED-201; Ex. ECO-A-003; Ex. ECO-A-004; Ex. ECO-A-005); the land-border notifications (Ex. ECO-A-020; Ex. ECO-A-040); the State traveler quarantines (Ex. HI-003; Ex. ME-013; Ex. MT-010). Third and fourth quarters of 2020: the same, with the post-by-post resumption (Ex. AGY-FED-LABOR-IMMIGRATION-061), the H-2A rules of August 20 and December 18 (Ex. SEC-20-006; Ex. SEC-20-007), Proclamation 10131 (Ex. SEC-20-011), the Title 42 order (Ex. FED-037), the New York, New Jersey and Connecticut and Chicago traveler quarantines (Ex. CT-023; Ex. MET-CHI-019; Ex. MET-NYC-008) and the Michigan testing order's fourteen-day separation of new arrivals (Ex. MI-042). First quarter of 2021: Proclamation 10143 (Ex. FED-207); the pre-departure testing order (Ex. FED-042); the conveyance order (Ex. FED-020); Proclamations 10052 and 10131 to March 31 and 10014 to February 24; the land borders. Second quarter of 2021: Proclamation 10199 (Ex. FED-208); the H-2B cap rule (Ex. AGY-FED-LABOR-IMMIGRATION-014); the H-2A window to June 16; the same border and conveyance instruments. Third quarter of 2021: items B-9 and B-10 of the third quarter of 2021 above; the State and county quarantine and exclusion orders (Ex. SEC-10-041; Ex. MET-SAN-024; Ex. MET-RIV-017; Ex. MET-LA-021).
The modification compelled. The orders cancelled every consular appointment, closed the offices that approve petitions, suspended the entry of whole classes and nationalities of workers, conditioned the entry of the rest on a consular finding of food-supply-chain necessity and on a negative test, limited the land borders to essential travel, quarantined arriving crews for ten to fourteen days, and placed every crew vehicle under the conveyance order's airborne-transmission controls.
The operation of the labor function was partially suspended in every one of the six quarters because of the consular, USCIS, entry-proclamation, H-2 rule, land-border, Title 42, testing, quarantine and conveyance orders.222
MK, markets
Second quarter of 2020: the restaurant, bar, school and gathering closure orders of every State and large city (Ex. TX-003; Ex. MET-NYC-003; Ex. MET-HOU-002; Ex. MET-SEA-008; Ex. MET-DEN-002; Ex. ECO-B-105; Ex. ECO-B-073; Ex. ECO-B-018; Ex. ECO-B-025); the Department of Agriculture's finding (Ex. SEC-20-014); the State fair boards' announced cancellations under the States' gathering orders (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-071; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-074; cited as context, not as orders). Third quarter of 2020: the capacity-limited reopening orders (Ex. TX-021; Ex. WA-035; Ex. SEC-10-037; Ex. MET-CHI-014; Ex. MET-LA-007; Ex. MET-NYC-007; Ex. MET-PHL-007); the remote and hybrid school orders (Ex. ECO-B-028; Ex. ECO-B-049; Ex. ECO-B-106); California's July 13 closures; the announced fair cancellations (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-073; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-075; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-076; Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-077; the announcements cited as context, not as orders). Fourth quarter of 2020 and first quarter of 2021: the winter closure of indoor dining in California, Illinois, Michigan, Minnesota, Washington, Oregon, New Mexico, Colorado, New York City, Los Angeles, Philadelphia, Boston and St. Louis (Ex. CA-020; Ex. IL-031; Ex. MI-060; Ex. MN-032; Ex. WA-047; Ex. OR-033; Ex. NM-041; Ex. CO-037; Ex. NY-008; Ex. MET-LA-011; Ex. MET-PHL-010; Ex. MET-BOS-010; Ex. MET-STL-074); the school closures of Michigan and Kentucky (Ex. ECO-B-126). Second quarter of 2021: the capacity steps to their end dates (Ex. MET-LA-015; Ex. MET-LA-016; Ex. MET-PHL-013; Ex. MET-PHL-016; Ex. NY-054; Ex. IL-037; Ex. CA-027). Third quarter of 2021: the vaccination-proof orders (Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; and, issued Sept. 16 and 17, 2021 for effect on Oct. 25 and Oct. 7, 2021, Ex. MET-SEA-001 and Ex. MET-LA-020), the Delta-wave face-covering orders (items B-14 and B-15 of the third quarter of 2021), Hawaii's Executive Order 21-05 (Ex. HI-025), Savannah's event-permit revocation (Ex. MET-ATL-017), the 2021-22 school orders (Ex. ECO-B-051; Ex. ECO-B-087; Ex. ECO-B-054; Ex. CA-034; Ex. WA-075; the eighteen-State count at Ex. ECO-B-107), and the Department of Agriculture's finding of August 27, 2021 (Ex. SEC-20-017).
The modification compelled. The orders closed the channel that took about half of the industry's output, then held it to a quarter, a half and three quarters of capacity by turns, closed it again for the winter in the largest markets, opened it fully only in June and July 2021, and then conditioned it on vaccination proof and universal face-covering requirements, airborne-transmission controls binding every dining room; they closed the school channel for a semester and a year; they cancelled the fairs and shows through which livestock is sold.
The operation of the markets function was partially suspended in every one of the six quarters because of the restaurant, bar, school, gathering, event and vaccination-proof orders of every State and large city, which limited the commerce this industry depended on, and the statute reaches them in terms.223
TR, transport and exports
Every quarter: the land-border notifications (Ex. ECO-A-020; Ex. ECO-A-040; Ex. FED-232; Ex. FED-235; Ex. FED-255; Ex. FED-258); the Title 42 orders (Ex. ECO-A-014; Ex. FED-037; Ex. FED-038); the Coast Guard's bulletins describing the maritime regime (Ex. AGY-USCG-PORTS-035; Ex. AGY-USCG-PORTS-037; Ex. AGY-USCG-PORTS-038; cited as context, not as orders); the port rules (Ex. AGY-USCG-PORTS-078; Ex. AGY-USCG-PORTS-081); the Treasury's duty postponement rule and its findings (Ex. AGY-USCG-PORTS-066); the FMC investigation (Ex. AGY-USCG-PORTS-044; Ex. ECO-A-100); from February 1, 2021 the conveyance order and TSA directives (Ex. FED-020; Ex. ECO-B-005; Ex. FED-051; Ex. FED-052); the NMFS observer rules for the fishing fleet (Ex. AGY-FED-LANDS-SCIENCE-COURTS-065; Ex. AGY-FED-LANDS-SCIENCE-COURTS-066; Ex. AGY-FED-LANDS-SCIENCE-COURTS-067); the State traveler quarantines on drivers; the closure of driver licensing offices.
The modification compelled. The orders limited both land borders to essential travel for nineteen months, conditioned every vessel's arrival and every terminal's operation, placed every driver at every hub and every worker at every cargo facility under the conveyance order's airborne-transmission controls, the face covering among them, and produced the blank sailings, congestion and delivery delays the Federal Maritime Commission, the Federal Reserve and the White House recorded.
The operation of the transport and export function was partially suspended in every one of the six quarters because of the land-border, Title 42, maritime, port and conveyance orders.224
IN, inputs
Second quarter of 2020: the manufacturing closures of Michigan, Pennsylvania, New York, New Jersey, Ohio, Indiana, Wisconsin, Washington and California and the CISA definitions (Ex. MI-011; Ex. MI-017; Ex. MI-026; Ex. PA-002; Ex. NY-003; Ex. SEC-10-023; Ex. OH-011; Ex. IN-006; Ex. WI-002; Ex. WA-016; Ex. CA-002; Ex. FED-394); the scarce-materials designation and FEMA allocation (Ex. FED-074; Ex. ECO-A-064); the Defense Production Act orders (Ex. FED-070; Ex. FED-071; Ex. FED-072). Third and fourth quarters of 2020 and first two quarters of 2021: the designation and allocation as extended (Ex. ECO-A-069; Ex. ECO-A-066; Ex. ECO-A-067; Ex. ECO-A-070); Executive Order 14017 and the 100-day review (Ex. ECO-A-072; Ex. ECO-A-101). Third quarter of 2021: the designation as extended July 7 (Ex. ECO-A-071); the Commerce inquiry of September 24 (Ex. ECO-A-077); the Beige Books (Ex. ECO-A-106; Ex. ECO-A-107).
The modification compelled. The orders closed the plants that make the industry's parts, packaging, chemicals and equipment for two to three months, placed the protective equipment every plant and farm was ordered to buy under federal criminal and allocation controls, and produced the input shortages the United States itself found in 2021.
The operation of the inputs function was partially suspended in every one of the six quarters because of the supplier-State closure orders, the foreign closures in which the federal instruments operated, and the Defense Production Act, scarce-materials and allocation orders, and the Service's own Q&A-12 recognizes an order on a supplier as a suspension of the customer.225
HR, hiring, licensing, inspection and permitting
The USDA Service Center closure to walk-in business from March 23, 2020; the USCIS closure and conditioned reopening (Ex. FED-324; Ex. FED-325); the consular suspension and resumption (Ex. SEC-20-012; Ex. AGY-FED-LABOR-IMMIGRATION-061); the DHS and DOL H-2 rules (Ex. SEC-20-005; Ex. SEC-20-006; Ex. SEC-20-007; Ex. SEC-20-008; Ex. AGY-FED-LABOR-IMMIGRATION-014); the Department of Homeland Security's I-9 remote-verification flexibility announcements (Ex. AGY-FED-LABOR-IMMIGRATION-068; Ex. AGY-FED-LABOR-IMMIGRATION-069; cited as context, not as orders); the federal workforce protocols (Ex. FED-270; Ex. FED-272; Ex. FED-064); the State agency and court closures (Ex. VA-041; Ex. MET-HOU-052; Ex. MET-PHX-016); OSHA's National Emphasis Program (Ex. SEC-10-014; Ex. SEC-10-015).
The modification compelled. The offices that certify, approve, inspect and license this industry's workforce and product closed to the public, moved to appointments and remote processing, and operated under protocols that slowed every step.
The operation of the hiring, licensing, inspection and permitting function was partially suspended in every one of the six quarters because of the federal and State office-closure, workforce and inspection orders.226
OP, offices and administration
The telework and in-person-reduction mandates of New Jersey, New York, Pennsylvania, Minnesota, Philadelphia, Los Angeles County, Chicago and New York City (Ex. SEC-10-023; Ex. NY-003; Ex. PA-022; Ex. SEC-10-045; Ex. MET-PHL-010; Ex. MET-PHL-012; Ex. MET-LA-014; Ex. MET-CHI-034; Ex. MET-NYC-006) in 2020 and early 2021; the office capacity limits of the winter regimes; the county and State face-covering orders of 2021, airborne-transmission controls on every indoor workplace.
The modification compelled. The orders emptied the industry's offices or capped them, and moved sales, procurement and compliance work to remote operation while the plant and the field could not move.
The operation of the office function was partially suspended in the second, third and fourth quarters of 2020 and the first quarter of 2021 because of the telework and capacity orders, and in the second and third quarters of 2021 because of the county and State face-covering and capacity orders in force to their end dates and the Delta-wave orders; the office function is treated as a portion of the operation, and its remote continuation did not make the plant or the harvest comparable.227
WF, workforce availability
The school and child-care closures of March 2020 (Ex. ECO-B-105; Ex. ECO-B-073; Ex. ECO-B-074; Ex. ECO-B-026; Ex. ECO-B-111); the FFCRA mandates (Ex. FED-170; Ex. FED-171; Ex. ECO-B-003); the remote and hybrid orders of 2020-21 (Ex. ECO-B-028; Ex. ECO-B-049; Ex. ECO-B-106); the State standards' exclusion duties (Ex. SEC-10-042; Ex. SEC-10-041; Ex. SEC-10-054; Ex. SEC-10-024); the conveyance order (Ex. FED-020); the 2021-22 school face-covering and quarantine orders (Ex. ECO-B-107; Ex. ECO-B-117; Ex. ECO-B-029; Ex. ECO-B-051; Ex. ECO-B-054; Ex. ECO-B-087; Ex. MET-HOU-038; Ex. MET-DET-013; Ex. MET-DET-015); the vaccination mandates of July to September 2021 (Ex. CA-030; Ex. ECO-B-055; Ex. ECO-B-030; Ex. ECO-B-080; Ex. WA-077; Ex. MET-LA-023; Ex. MET-DEN-023; Ex. FED-064); the county quarantine orders (Ex. MET-SAN-024; Ex. MET-LA-021; Ex. MET-RIV-017).
The modification compelled. The orders kept parents home with children whose schools and places of care were closed by law, obliged every employer under 500 employees to pay for that absence for nine months, made exclusion of exposed workers a legal duty, governed every commute, and removed unvaccinated workers from the hospitals, schools and child-care centers on which the industry's households depend.
The operation of the workforce function was partially suspended in every one of the six quarters because of the school, child-care, leave, exclusion, conveyance and vaccination orders.228
CB, the customer base
The stay-at-home orders of forty-two States and the District (the fifty-State table on this page; the CDC's count of forty-two States and territories, the District among them, at Ex. LAW-201); the entry proclamations and land-border notifications (Ex. FED-200; Ex. FED-201; Ex. FED-207; Ex. FED-208; Ex. ECO-A-020; Ex. ECO-A-040); the winter confinement orders (Ex. CA-020; Ex. MET-LA-012; Ex. VA-016; Ex. MET-DEN-028); the capacity, gathering, face-covering and vaccination-proof orders on restaurants, institutions and events in every quarter; the foreign border closures as facts and circumstances.
The modification compelled. The orders confined the households that buy food at retail, closed or conditioned the institutions that buy it at wholesale, and barred the foreign buyers and inspectors who take it at export.
The operation of the customer-base function was partially suspended in every one of the six quarters because of the stay-at-home, gathering, capacity, vaccination-proof, entry and border orders, each an order "limiting commerce, travel, or group meetings" in the statute's words, and the Service's Q&A-13 cannot convert an order limiting commerce into an order that does not.229