HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.crs/govdaez0001 and id is 1 raw text is:
i% 'N\ r
Executive Order on the Food Supply Chain
and the Defense Production Act: FAQs
May 1, 2020
On April 28, 2020, President Trump issued an executive order (EO) invoking the Defionse Production Act
(DPA) to address the food supply chain for meat and poultry products during the national emergency
caused by the COVID-19 outbreak. The release of the EO was preceded by some state and congress i-a]
calls for such an order, and significant media coverage about the pokntial contcnts of such an order. This
Sidebar addresses some frequently asked questions about the EO's contents, legal bases, and potential
effects.
What does the EO do and how does it use the DPA?
The EO designates meat and poultry in the food supply chain as critical and strategic materials under
section 10 1(b) of the DPA. This section of the DPA permits the President to control distribution of
designated materials in the civilian market, if: (1) the material is determined to be essential to the national
defense, and (2) that the requirements of the national defense cannot be met through other means without
creating a significant dislocation of the normal distribution of the designated material to such a degree
as to create appreciable hardship. Having made such a finding, the EO authorizes the Secretary of
Agriculture to take all appropriate action under [section 101 (b)] to ensure that meat and poultry
processors continue operations consistent with the guidaance for their operations jointly issued by the
[Centers for Disease Control and Prevention (CDC)] and [the Occupational Safety and Health
Administration (OSHA)]. Based on a plain reading of the text, the EO itself does not order any plants to
remain open. Rather, it permits the Secretary to issue regulations, orders, or take other actions to address
continued operation of processors, while also ensuring that processors adhere to the CDC/OSHA
guidance.
The EO further authorizes the Secretary to identify additional specific food supply chain resources as
critical and strategic materials under the DPA. Based on this authorization, the Secretary could
conceivably extend the reach of the EO beyond meat and poultry to any other commodity or resource
within a food supply chain, provided these commodities or resources satisfy the requirements of section
101(b).
Finally, the EO provides additional authority under section 10 1 (a) of the DPA to allow the Secretary to
prioritize contracts or allocate materials, services, and facilities as deemed necessary or appropriate to
Congressional Research Service
https://crsreports.congress.gov
LSB10456
CRS Legai Sidebar
Prepared for Members and
C om m ittees ootC ongress ...........................................................................................................................................................................................................](ViewImageLocal?handle=hein.crs/govdaez0001&div=1&collection=&method=preview&ext=.png&size=3)