On April 28, 2020, President Donald Trump issued an Executive Order directing the Secretary of Agriculture to make use of the Defense Production Act (DPA) to assist meat and poultry companies in continuing to remain in operation or returning to operation during the COVID-19 pandemic. Under the order, beef, pork, and poultry are deemed “critical” materials per Section 101(b) of the Defense Production Act. Section 101(b) allows the President to control the general distribution of any “critical material” in the civilian market under certain circumstances.
Although the Executive Order as well as President Trump’s and Secretary Perdue’s subsequent statements make clear they expect meat and poultry plants to resume full operations, there are several questions that remain unanswered with the Executive Order.