Executive Order 13917: Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID- 19
President: Donald J. Trump
Delegated Defense Production Act authority to Agriculture to support continued meat and poultry processing during COVID-19, subject to worker-safety and health guidance.
Status: Completed/expired. Sources: Federal Register: Executive Order 13917 · Federal Register 2020 executive order disposition table · Public Law 118-3, April 10, 2023 · FDA USDA MOU 225-20-011.
Is Executive Order 13917 still in effect? No. Executive Order 13917 limited its food-supply-chain delegation to the COVID-19 national emergency. Public Law 118-3 terminated that emergency on April 10, 2023, ending the delegation’s stated period of operation.
What does Executive Order 13917 do?
EO 13917 delegated Defense Production Act authority to the Agriculture Secretary for food-supply-chain resources during the COVID-19 emergency. It directed the Secretary to take appropriate action to keep meat and poultry processors operating, consistent with health and safety guidance.
Later evidence reviewed September 24, 2026: The Fifth Circuit described USDA letters issued under EO 13917 and held the order had no immediate legal effect requiring Tyson to operate; the letters were nonbinding in the court’s analysis. This is a case-specific holding, not a universal ruling on every DPA use. Fifth Circuit opinion on meatpacking order.
Before and after
Before the order
Food supply chains operated under existing agriculture and Defense Production Act authorities.
After the order
The Fifth Circuit described USDA letters issued under EO 13917 and held the order had no immediate legal effect requiring Tyson to operate; the letters were nonbinding in the court’s analysis. This is a case-specific holding, not a universal ruling on every DPA use.
Who had to do what
| Agency / official | What the signed order directed | Deadline / timing |
|---|---|---|
| Secretary of Agriculture | Use delegated DPA contract-priority, allocation, and implementation powers to keep meat and poultry processors operating consistently with CDC/OSHA guidance. Determine nationwide priorities and allocations with appropriate agency heads; may identify other qualifying food resources; issue implementing orders and rules. | During the COVID-19 national emergency; no fixed completion deadline. |
| Other appropriate executive department and agency heads | Consult with Agriculture when selected on nationwide priorities and allocation needed to maintain meat and poultry supply. | When consulted; no fixed deadline. |
Source: Signed Federal Register text.
What happened next
EO 13917 signed; its Federal Register publication followed.
The Fifth Circuit described USDA letters issued under EO 13917 and held the order had no immediate legal effect requiring Tyson to operate; the letters were nonbinding in the court’s analysis. This is a case-specific holding, not a universal ruling on every DPA use.
Public Law 118-3 terminated the COVID-19 national emergency, ending the period during which section 2(a) delegated food-supply-chain authority to the Secretary of Agriculture. Official source
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
The Federal Register record identifies EO 13917, its title and signing date. The Fifth Circuit described USDA letters issued under EO 13917 and held the order had no immediate legal effect requiring Tyson to operate; the letters were nonbinding in the court’s analysis. This is a case-specific holding, not a universal ruling on every DPA use. The linked source supports this particular later event; it does not establish every present legal or operational effect.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 24, 2026. How we research →