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Change in the Time of COVID-19

Each Spring, attorneys Bill Marler and Denis Stearns teach a Food Safety Litigation course in the LL.M. Program in Agricultural and Food Law at the University of Arkansas School of Law. This specialized program for attorneys brings together those who are interested in our food system, from farm to table. As a final assignment, students are asked to write an op-ed or essay on food safety, with the best to be selected for publication in Food Safety News. The following is one of the essays for 2020.

“Chicago will be ours!” This is the last line of Upton Sinclair’s The Jungle, which captured the horrific working conditions immigrants working in meat factories experienced. The descriptions of how adulterated and unsafe our food was so disgusting that the book was a catalyst for President Theodore Roosevelt’s call to investigate meat processing plants. These investigations led to the Pure Food and Drug Act and the Meat Inspection Act. Sinclair later lamented that the public latched onto the unsafe handling of food and overlooked the labor exploitation. But the safe handling of food and labor exploitation are inextricably linked.

The nation has been dealing with a new, unprecedented crisis in COVID-19. It can seem impossible to return to normal. People are scared, confused, concerned, angry, and so many other things. People are worried about the economy, their safety, and has people desiring to “go back to normal.” But in the food industry, is “going back to normal” what we want? This crisis shed a light on the dark, dangerous work environments our food workers are still subjected to. This crisis presents a new moment, much like Sinclair’s The Jungle presented in 1906, to call for and demand change from the meat and farming industry and the food industry more broadly. There are countless stories in the news about how farmers are unable to sell their fruit and vegetable crops; dairy farmers are pouring out milk; piglets and chicks are being exterminated for fear that meat processing facilities will shut down. The news can be scary and overwhelming, especially in this time of uncertainty. But does that mean we will think it is okay to sacrifice the safety of our essential workers in the food supply chain? I certainly hope not.

John H. Tyson, the chairman of Tyson’s executive board, wrote a full-page editorial earlier this (year) and said, “the food supply chain is breaking.” He said this because several pork, beef, and chicken processing plants have become hotbeds for the spread of COVID-19 and have had to shut down. As of now there are approximately 20 slaughterhouses and processing plants that have had to shut down. This spread accelerated in large part because of the poor working conditions the people in these facilities face. These workers are put in crowded rooms to work on the lines. They do not have 6 feet between each worker on the line, and often these workers are not equipped with PPE. Mr. Tyson argues the work done in these factories is essential, because it is getting meat to the grocery stores for us to consume. It is essential to feed America. I agree. Feeding America is essential. But we should prioritize and protect those essential workers who are putting themselves, and potentially their loved ones, at risk to go to work to get the beef, pork, and chicken products to grocery stores all over the country.

Read the full essay at Food Safety News here.

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