Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID- 19

This executive order delegates presidential authority under the Defense Production Act to the Secretary of Agriculture to keep meat and poultry processing facilities operating during the COVID-19 national emergency. It prioritizes food supply chain resources over other contracts and orders, directing operations to continue consistent with CDC/OSHA safety guidance.

Federal Register Open PDF 85 FR 26313

Impact dates

Apr 28, 2020
Order effective during national emergency caused by COVID-19 outbreak

Key directives

Delegate DPA authority to Secretary of Agriculture for food supply chain resources during COVID-19 national emergency
Secretary of Agriculture shall take all appropriate action under section 101(b) to ensure meat and poultry processors continue operations consistent with CDC/OSHA guidance
Secretary of Agriculture may identify additional specific food supply chain resources meeting section 101(b) criteria
Secretary of Agriculture shall determine nationwide priorities and allocation of materials, services, and facilities necessary to ensure continued meat and poultry supply
Secretary of Agriculture shall issue orders and adopt/revise rules and regulations as necessary to implement this order

Who is ordered

Secretary of Agriculture · Department of Agriculture

Timeline

Immediate

Delegation of DPA authority to Secretary of Agriculture takes effect
Meat and poultry processors directed to continue operations consistent with CDC/OSHA guidance

Near term (90d)

Secretary of Agriculture to issue orders, rules, and regulations to implement the order
Potential identification of additional food supply chain resources under section 101(b)

Long term

Continued operation of meat and poultry supply chain during national emergency
Precedent for DPA use in food supply crises

Risks & tensions

Worker safety tension: Order mandates continued operations but references CDC/OSHA guidance it characterizes as 'interim'; unclear enforcement mechanism if facilities cannot comply with both production demands and safety protocols
State-federal conflict: EO explicitly notes 'recent actions in some States have led to complete closure' of facilities, setting up potential preemption disputes
Labor rights concern: DPA contract prioritization could override existing contracts without clear compensation timeline
Vague scope: 'Additional specific food supply chain resources' under section 101(b) gives Secretary broad discretionary expansion authority