May 18, 2020

Dear Industry Partners:

As the nation grapples with the COVID-19 public health emergency, the U.S. Food and Drug 

Administration (FDA) is grateful for all that the food and agriculture sector is doing to provide 

safe and wholesome food to consumers during this difficult time. I am encouraged to see that, 

for the most part, food facilities and farms under FDA’s jurisdiction continue to operate ensuring 

Americans have access to food despite challenges posed by the current outbreak of COVID-19.

Indeed, all components of the food and agriculture sector are considered critical infrastructure, 

and it is vital for the public health that they continue to operate in accordance with guidance 

from the Centers for Disease Control and Prevention (CDC) and the Department of Labor’s 

(DOL) Occupational Safety and Health Administration (OSHA) regarding worker health and 

safety. 

FDA, together with the United States Department of Agriculture (USDA), is fully committed to

helping industry maintain continuity of operations. I write now to inform you of an additional 

preparedness measure that could be used, only if needed, to help minimize disruptions in the 

Nation’s food supply caused by COVID-19.

Executive Order (E.O.) 13917, signed by President Trump on April 28, 2020, delegated to the 

Secretary of Agriculture the powers of the President under the Defense Production Act (DPA) to 

take all appropriate action to ensure America’s meat and poultry processors continue operations. 

Additionally, the E.O. specified that: “Under the delegation of authority provided in this order, 

the Secretary of Agriculture may identify additional specific food supply chain resources that 

meet the criteria of section 101(b).”

Accordingly, a subsequent Memorandum of Understanding, between USDA and FDA,

established a process by which determinations will be made about circumstances in which 

USDA could exercise its authority under the DPA over certain FDA-regulated entities. Although 

we hope the DPA authority will not need to be invoked, this MOU is an important part of our 

preparedness efforts to make sure there are processes in place to protect the food supply and 

prevent significant food shortages during the COVID-19 public health emergency. 

As needed, FDA will work in consultation with state, local, tribal and territorial regulatory and 

public health partners; industry or commodity sector; and other relevant stakeholders (e.g. CDC, 

OSHA) to chart a path toward resuming and/or maintaining operations while keeping employees 

safe.

Maintaining the health and safety of employees in the food and agriculture sector is paramount

while you endeavor to ensure continued operations and a plentiful food supply during this 
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unprecedented time. FDA is working with our relevant stakeholders in the public and private 

sectors to develop additional information on protecting worker health, as we understand that 

healthy workers are key to food security, as well as ensuring continuation of food safety 

activities, in FDA-regulated food facilities and farms. We are also working with other federal 

partners to assist the food and agriculture industry in addressing shortages of personal protective 

equipment (PPE), cloth face coverings, disinfectants, and sanitation supplies. We expect to 

release more information about these efforts soon.

As we work to get through the current challenge together, the FDA remains committed to 

working with you as we strive to ensure the availability of FDA-regulated foods, and that our 

food remains among the safest in the world. We thank you for your dedication to ensuring that 

your employees are kept safe and healthy so they can keep providing Americans with safe and 

available food.

 

Sincerely, 

 /S/ 

Stephen M. Hahn, M.D.

 Commissioner of Food and Drugs