The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- Defense Production Act of 1950, 50 U.S.C. 4501 et seq., sec. 101(b) (50 U.S.C. 4511(b)); 3 U.S.C. 301
- Issued
- 2020-04-28 Apr. 28, 2020
- Effective
- 2020-04-28 (published 85 Fed. Reg. 26313, May 1, 2020) (read as 2020-04-28)
- End
- not revoked during the period; continuing (read as 2021-09-30)
- In force
- Apr. 28, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesSupply chain
- Addressees
- Secretary of Agriculture
- processors of beef, pork and poultry
- food supply chain resources
- Functions reached
- PK plants placed under DPA priority and allocation authority and directed to operate under the CDC/OSHA guidance
- SC/MK packer capacity and allocation
- WF plant workforce under the incorporated guidance (distancing, barriers, screening, masks)
- Collection
- Agriculture and Food Processing SEC-20
Operative words
recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.... Sec. 2... (b) The Secretary of Agriculture shall use the authority under section 101 of the Act... to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.
Enforcement
DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and regulations of the Secretary under sec. 2(c)
Notes
The President's own finding that State actions closed plants and that a single plant closure costs 10 million servings a day; the guidance incorporated (Ex. SEC-20-002) required line reconfiguration, barriers, staggered shifts and cohorting.