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Argued January 11, 2002

This case returns to us after proceedings on remand from Am. Fed’n of Gov’t Employees v. Glickman, 215 F.3d 7 (D.C. Cir. 2000) (“AFGE I”). The United States Department of Agriculture (“USDA”) had attempted to test a new inspection model at several hog and poultry processing plants. AFGE I held that, as implemented, the model program violated the Federal Meat Inspection Act (“FMIA”), 21 U.S.C. s 604, and the Poultry Products Inspection Act (“PPIA”), 21 U.S.C. s 455. While the case was on remand in the district court, the USDA modified its model program. The question now is whether the revised model program complies with these statutes.

Both statutes seek to ensure that all meat and poultry products processed for human consumption are wholesome and unadulterated. See 21 U.S.C. s 602; 21 U.S.C. s 451. The FMIA requires USDA inspectors to conduct a post-mortem “examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, goats, horses, mules and other equines.” 21 U.S.C. s 604. The PPIA requires USDA inspectors to conduct a “post mortem inspection of the carcass of each bird processed.” 21 U.S.C. s 455(b).

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