by Marion Nestle
May 29 2020

Weekend reading: The Defense Production Act

I was particularly interested in this article from Food Safety News: “What does the Defense Production Act have to do with food?”

This past week, FDA and USDA issued a Memorandum of Understanding Regarding the Potential Use of the Defense Production Act with Regard to FDA-Regulated Food During the COVID-19 Pandemic. The MOU refers to “potential use” because USDA has not yet invoked its DPA authority. Nor will it, in any likelihood. Messaging matters, however, and so the MOU may still operate to significantly influence the food system. What message does it send exactly?

Good question, and one well worth answering.  The author, Thomas Gremillion, has much to say about the topic, and compellingly.  He argues:

All of this is to say that the April 28 Executive Order is a paper tiger. But to the extent that the Administration sought to cow state and local public health officials, it may have succeeded. According to recent reporting, “As of May 19, nearly all of the once-closed meatpacking plants have started back up.” Large meatpackers have declined to disclose data on how many of their workers have fallen ill or died, but according to an analysis by Johns Hopkins University researchers, the rate of COVID-19 infections for counties with very large meatpacking plants was twice the rate in counties without for the week following the Trump executive order.