Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M482

EstNameSt. Croix
Abattoir

NR#

Date

Task

NAA08
130435
26N-1

04/25/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)On April 25, 2018, at approximately 1:50pm,
while performing a humane handling verification
task (b) (6)observed the following
noncompliance: The first stun with a hand held
captive bolt (HHCB) was ineffective and did notrender a steer unconscious. The steer remained
standing. The plant employee immediately andeffectively stunned the steer with a back-up HHCB
rendering it unconscious. On post mortem
examination 2 there were two separate knocking
holes observed in the skull. (b) (6)and (b) (6)were informed of thenoncompliance and that a NR would be issued.

OPEN

1

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M482

EstNameSt. Croix
Abattoir

NR#

Date

Task

NAA25
14053101N-1

05/01/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(b)(1)(iii)

At approximately 1:20 p.m. on May 1, 2018, theestablishment brought in 2 market pigs for
Slaughter. The firm was using the captive bolt tostun pigs, as the electrical stunner is down forrepairs. The (b) (6),attempted to knock the pig, but it moved its head
and the first shot entered the skull above its righteye. The pig was upright, moving around andsquealing. When the knocking employee went forthe backup captive bolt gun, he knocked it off theledge and it fired. Therefore, the knocking
employee had to reload the first captive bolt toadminister the second shot. This tookapproximately 2 minutes. This second shot was
effective and knocked the pig down. I stopped
slaughter activities at approximately 1:25pm andcontacted (b) (6)for guidance. The firm
failed to meet 9 CFR 315.15 (a) (1): The captive
bolt stunners shall be applied to the livestock inaccordance with this section so as to produce
immediate unconsciousness in the animals before
they are shackled, hoisted, thrown, cast, or cut.
The animals shall be stunned in such a mannerthat they will be rendered unconscious with aminimum of excitement and discomfort. The firm
failed to meet 9 CFR 315.15 (b) (1) (iii): The
stunning area shall be so designed andconstructed as to limit the free movements ofanimals sufficiently to allow the operator to locate
the stunning blow with a high degree of accuracy.

OPEN

2

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M482

EstNameSt. Croix
Abattoir

NR#

Date

Task

NAA25
14053101N-2

05/01/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(b)(1)(iii)

At approximately 1:20 p.m. on May 1, 2018, theestablishment brought in 2 market pigs for
Slaughter. The firm was using the captive bolt
device to stun pigs, as the electrical stunner isdown for repairs. The (b) (6), attempted to knock the pig, but it
moved its head and the first shot entered the skull
above its right eye. The pig was upright, movingaround and squealing. When the knocking
employee went for the backup captive bolt gun,he knocked it off the ledge and it fired. Therefore,
the knocking employee had to reload the first
captive bolt to administer the second shot. This
took approximately 2 minutes. This second shot
was in the center of the skull and was effective instunning the animal. (b) (6)stoppedslaughter activities at approximately 1:25pm andcontacted(b) (6). USDA Retain
Tag # B19323315 was applied to the knocking
box. The firm failed to meet 9 CFR 313.15 (a) (1):The captive bolt stunners shall be applied to thelivestock in accordance with this section so as toproduce immediate unconsciousness in the
animals before they are shackled, hoisted, thrown,
cast, or cut. The animals shall be stunned in such amanner that they will be rendered unconsciouswith a minimum of excitement and discomfort.
The firm failed to meet 9 CFR 313.15 (b) (1) (iii):
The stunning area shall be so designed andconstructed as to limit the free movements ofanimals sufficiently to allow the operator to locate
the stunning blow with a high degree of accuracy.
After discussion with the Atlanta District Office,Director Rodney Parris and (b) (6)were notified that a NR would be
issued for this noncompliance.

OPEN

3

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

P1480

Tip Top
Poultry, Inc.

JBA370903342
2N-1

03/22/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)On 03/21/2018, at approximately 1922 hours,
observed live birds entering the scalder.
Based on these observations, (b) (6)determined that the establishment's slaughter
process was out of control, and a regulatory
control action was taken by stopping live birds
from being hung on the Slaughter Line. (b) (6)was notified of thisnoncompliance with regulatory requirements.

OPEN

M6678+P6
678

GanaderiaSantiago Inc.

NBA490601562
6N-1

01/26/2018

04C02

Livestock
HumaneHandling

313.2

HATS category III: Water/Feed Availability; 9 CFR
313.2 (e). On Friday January 26, 2018 at
approximately 08:10 hours; while performing
routine Humane Handling inspection andevaluating records at establishment #M6678,
Ganaderia Santiago. The following
non-compliance was identified by USDA
inspection program personnel: There is noevidence that food was provided or available in a
2 day period for 12 cattle that arrived at
Establishment on Wednesday January 24, 2018.

CLOSED(b) (6)and (b) (6)M7883+P7
883

Sucesion Jorge
Morales Cruz

NCB210501572
5N-1

01/25/2018

04C02

Livestock
HumaneHandling

313.1, 313.2

During verification of pens and animals at 0700
hours on 01/25/2018 the following was observe
Pens # 4n, 5n 6,7,8 and where the bob veals are,do not have acess to water, water reservoirs were
empty. Also pens (Zinc) ceiling missing on severalof the pens. this don't comply with regs. 9 CFR
313.1 and 313.2.

OPEN

4

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M11116

Osteen Meat
Service Inc.

TOA241204432
3N-1

04/23/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(a)(3)

HATS category VIII: Stunning Effectiveness 9 CFR
313.15(a)(1) and 313.15 (a)(3) At approximately
1244 hours while I, (b) (6), was
performing a humane handling verification for
HATS Category VIII at M11116 the following
noncompliance was observed: An establishment
employee was observed to deliver an ineffective
captive bolt stun to a market hog. The stun was
ineffective as it made contact with the animal but
failed to render it unconscious. The hog remained
standing and was vocalizing after the captive bolt
was applied. The employee then immediately
delivered a second captive bolt blow that
effectively rendered the hog unconscious. The
head of the animal was inspected after the animal
was bled and hoisted. Two circular captive bolt
holes were observed to be present. Mr. Steve
Osteen (plant owner) was notified of thenoncompliance. The above noncompliance fails
to meet the regulatory requirements of 9 CFR
313.15(a)(1) and 313. 15(a)(3). Thisnoncompliance was not considered egregious as
the plant took immediate and effective corrective
actions. This document serves as written
notification that your failure to comply withregulatory requirement(s) could result in
additional regulatory or administrative action.

CLOSED5

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M413

Smithfield
Fresh Meats
Corp.

NCA1713044930N-1

04/30/2018

04C02

P622

Tyson Foods

NLB341903352
3N-1

03/22/2018

04C05

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.1, 313.2

Livestock Area: After completion of export
verification check at the casing facility, atapproximately 1105 hours as walked around thesouth side of the barn I observed that 2 hogs had
fallen from the top section of the live haul carrier.
I inquired asking (b) (6), (b) (6)what cause the animal to fall. It wasstated that when the unload plant associate raised
the gate to place the ramp flap inside the trailer 2hogs fell out onto the concrete and frame ofchute. The metal flap on the end of the ramp isutilized to close the gap between the back ofcarrier trailer and ramp. One animal sustained
injury/non-ambulatory was euthanized
immediately. The ambulatory animal was guided
to the holding pen. I informed (b) (6)ofa noncompliance due to the establishment failure
to meet HATS Category II - Truck Unloading
regulatory requirement 9CFR 313.1 and 313.2.

CLOSED

Poultry Good
Commercial
Practices

381.65(b)On March 22, 2018 at about 1753, I (b) (6)while performing a Good
Commercial Practice Task, I observed thefollowing noncompliance. After an employee
dumped a cage of birds onto the belt, one bird
was left on the cage when the cage was pulled
back. The employee removed the bird from thecage and he threw it onto the belt but he missed
and hit the bird's head on the steel bar before thebelt. The bird died from the injury it sustained. In
accordance to CFR 381.65(b) poultry must be
slaughtered with Good Commercial Practices in amanner that will result in thorough bleeding… but
this bird died from the cause of the injury otherthan slaughter. (b) (6)and (b) (6)were notified of the noncompliance.

CLOSED6

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M10757

Select Meats,Inc.

IMB441101031
2N-1

01/08/2018

04C02

M10757

Select Meats,Inc.

IMB142203102
8N-1

03/28/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.1, 313.2

While performing slaughter inspection duties at
Select Meats(TA10757) at approximately 8:30am
the following non-compliances were observed.
While on the kill floor observing stunning
activities one pig escaped onto the slaughter floor.
In an attempt to remove the pig, plant employee
grabbed the pig by its ears and attempted totransport the pig back into the holding pen. Uponobservation inspection personnel intervened andplant employee suddenly stopped. The pig did not
vocalize and seem to be unharmed. Uponobservation of the holding facility the sliding door,
between kill floor and holding pen, has metal
petruding from the side as well as metal rolled up
at the bottom, creating potential for injury tolivestock. No regulatory control action was taken
due to immediate response from establishment
personnel to prevent harm to livestock. Plant
owner Gerald Wood was notified of the
non-compliances and the plants failure to comply
with regulatory requirements of 313.1 & 313.2.

CLOSED

Livestock
HumaneHandling

313.2

On 03/28/18 at approximately 0740 while
performing antemortem inspection in the holding
pens with an Establishment employee, it wasnoticed that the plant's automatic water nipples
for the swine were not delivering water. The
employee stated that another plant employee hadhung his personal equipment on a water valve on
the kill floor and had accidentally turned off thewater to the system. The swine did not show any
signs of dehydration or stress. At 0825, I went
back out to the holding pens and found that thewatering system was still not working. (b) (6)was notified, andhe located the proper valve to restore water to thesystem. Later in the kill floor shift (b) (6)secured the water valve handle with a zip-tie as apreventative measure (b) (6)was notified
of noncompliance with 9 CFR Part 313.2(e).

CLOSED7

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M18079+P
27232

Smithfield
Fresh MeatsCorp.

VFB4823023201N-1

02/01/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn 02/01/2018 at approximately 17:05 I was
notified by (b) (6)that while verifying
Category IV “Handling During Ante-mortem
Inspection” she observed concerns regarding thefacilities in the livestock holding area. (b) (6)stated that she was inspecting hogs in motion
from pen A-12 and she noticed a potential safety
hazard for the hogs. She then instructedestablishment employees to relocate the hogs in
pen A-12 to another pen, and she then notified
USDA Supervision of her concerns. Upon arriving
to pen A-12, I observed that the bolt on the rightside of a drain shield was missing, causing theshield to fall to the ground at an approximately 45
degree angle. As a result of this positioning, themetal edges of the drain shield were oriented in a
way that could potentially cut a moving hog.
Additionally, an approximately 4 inch diameterdrain hole was exposed on the pen floor which
posed, in my opinion, a real risk for entrapment
and injury of a limb. I took regulatory control of
pen A-12 by applying USDA Retained tag NO. B42301452 at approximately 17:15. I notified both, and (b) (6)(b) (6), ofthe regulatory control action and thenoncompliance with regulation 313.1(a) whichstates: Livestock pens, driveways and ramps shallbe maintained in good repair. They shall be freefrom sharp or protruding objects which may, inthe opinion of the inspector, cause injury or pain
to the animals. Loose boards, splintered or brokenplanking, and unnecessary openings where thehead, feet, or legs of an animal may be injured
shall be repaired. Maintenance repaired thedrain shield by securely fastening it into proper
position. (b) (6) stated that retraining will
occur on the following: Pens should be checked
for exposed drains prior to penning animals. Do
not place animals in a pen with a missing or loose
drain cover. Regulatory control of pen A-12 was

CLOSED8

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusrelinquished after the necessary corrective actions
and preventive measures were confirmed at
19:06. No animals were directly observed to be
injured from this facilities deficiency.
M19697+P
19697+V19
697

ChaudhryMeat
Company, Inc.

ZCA0814024508N-1

02/08/2018

04C02

Livestock
HumaneHandling

313.15(a)(2),
313.15(b)(1)(iii)

At 1302 hours the FI summoned me to theslaughter floor. At that time he (FI) told me abovine had been brought to the knock box, headrestrained, and eventually knocked. He said oncethe door from holding was opened the animal
immediately tried to leap through the headrestraint opening. Left front foot became lodged
between cross support and concrete wall of thehead restraint. The animal began struggling to getfree and vocalizing. Struggling resulted in animallosing footing and rear portion of the bovine
ended up on the floor, similar to a sitting position
with foot still wedged in knocking box. Head was
not positioned in head restraint. Employee
utilized a metal pipe (approximately 4 feet long)to pry the foot up out of its wedged position. The
animal began a higher pitched vocalization during
this process. The animal became extremely
agitated, rose to its feet, plant applied nose
restraint, and successfully knocked the animal.
These activities/ design of knockbox resulted inundue stress, excitement and apparent pain to theanimal. This is noncompliance with 9 CFR
313.15(a)(2) and 313.15(b)(1)(iii). Meeting washeld with (b) (6)concerning thisnoncompliance and he promised immediate
corrective actions. (b) (6)was notified offorthcoming noncompliance report.

CLOSED9

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameM19825+P
19825

Halal
International
Processing

JDA0013010002N-1

01/02/2018

04C02

Livestock
HumaneHandling

M20478+P
20478

Snow Creek
Meat
Processing, Inc.

VAB451302052
8N-1

02/28/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HATS activity II Water and Feed availability HATS
activity III Antemortem handling On Jan 2, 2018, I
arrived at the facility at about 8:30 a.m. Animals
were still in the back of the plant. (b) (6)and I walked into the pen and fieldarea to perform an antemortem check of thegoats and lambs. The water trough in the small
pen was frozen solid, I observed one lamb licking
the top surface of the ice. The other water supply
trough in the back was empty of water. There
were at least 60 animals in the back area withoutwater overnight (b) (6) instructed the employees tofill a container with water and carry it out to theanimals. Another water container was placed in
the indoor holding pen when some animals were
herded into there. Plant personnel were
reminded that animals must have water available,
even during this week's cold spell.

CLOSED

313.15(a)(1),
313.15(a)(2),
313.15(a)(3)On February 28, 2018 at Snow Creek Meat
Processing, Est.20478 at 8:15 a.m. the following
observation was made. The establishment wasusing a captive bolt. The stun was not effective
rendering the animal immediately unconscious.
The stunner took immediate corrective action
using a .22 caliber rifle. The stun was effective
rendering the animal unconscious. This
constitutes a regulatory noncompliance with
USDA Regulation 313.16a1-3.

CLOSED10

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M4265+P4
265+V4265

Locust Grove
Farm

XBA460703141
3N-1

03/13/2018

04C02

Livestock
HumaneHandling

M4265+P4
265+V4265

Locust Grove
Farm

XBA310903342
7N-1

03/27/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HATS CATEGORY III At approximately 0830 hours
on March 13, 2018 while performing a routine
humane handling task, the following
noncompliance was observed. I, (b) (6), observed two out of three pens ofswine in which water was not accessible. In one
pen there was a tub but no water was present in
the tub ,the other pen there was no tub or any
source of water. Establishment Kill floor
employees were immediately notified verballyand in writing of this noncompliance.
Plant employees immediately performed
corrective actions by providing accessible water.
This is noncompliant with 9 CFR 313.2(e).

CLOSED

313.2

HATS Category III While performing an Odd Hour
Humane Handling Inspection on Tuesday,
3/27/2018, at approximately 0730 hours at
Locust Grove Smoke House (Est. M4265) the
following noncompliance was observed: Upon
entering the establishment holding pens there
were five market swine present. In pen one there
was one market swine. Two water troughs were
present in pen one; both water troughs in pen one
were empty and dry. Pen two there was one
market swine with no water trough present. Pen
three there was one market swine with no water
trough present. Pen four there were two market
swine present. There was a water trough present
in pen four. The water trough in pen four was
empty and dry. The establishment manager was
immediately notified verbally and in writing of thenoncompliance. The establishment manager took
immediate corrective action by providing theswine with water. This is noncompliant with 9 CFR
313.2(e).

CLOSED11

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M4486+P4
486

N S Brandon
Packing Inc.

ZWE03
090134
03N-1

01/03/2018

04C02

Livestock
HumaneHandling

M17776

Trenton Halal
PackingCompany

BBE410903532
1N-1

03/21/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HATS category III Water and Feed Availability
9CFR 313.2 1/3/ 2018 I performed ante-mortem
inspection on 6 Beef Cattle in pen 7. I observed
pen 7 to not have water accessible as required forthe livestock present. I notified (b) (6) that thewater bucket was empty he provided water
immediately. Notified (b) (6)of the noncompliance. This is non compliant with 9CFR
313.2(e).

CLOSED

313.2

On 3/21/18 at 0710 while
performing the Livestock Humane Handling task
at Trenton Halal to verify the conditions of thepen. The IIC observed that the ante-mortem pen
was completely filled with goats. In addition, thepen that is used if there is a suspect animal was
also completely filled with goats. The animals did
not have room to sit down or turn around. On theante-mortem card it was listed that 120 goats
were inside the pens. In different areas you could
see that there were spaces where water buckets
were located. These animals were unloaded after
hours with no FSIS personnel present. IPP were
not able to verify the humane handling of thegoats during truck unloading on 3/20/18. IIP
personnel watched the plant employees handle
the goats after the plant started working. This
does not meet regulation 313.2(a). Both Mr.
Malik, owner of Trenton Halal, and (b) (6)at Trenton Halal, were informed of thisnoncompliance.

CLOSED12

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M17776

Trenton Halal
PackingCompany

BBE401004091
9N-1

04/19/2018

04C02

Livestock
HumaneHandling

M17776

Trenton Halal
PackingCompany

BBE0207053002N-1

05/02/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status

313.2

At 0910 on 4/19/18 at Trenton Halal the IIC
observed from the kill floor that the animals in theholding pen did not have access to water. These
animals were of another species, and theestablishment still was not finishing the first
species, beef. The animals would have been kept
without access to water until they finish with thebeef and did a mid-operational clean up. (b) (6)at Trenton Halal, was notified ofthese animals not having access to water. (b) (6)
had an employee meeting on the kill floor to
inform his employees to make sure that the
animals have access to water, and that the only
time that the animals did not need to have accessto water was when they are going to be hanged
for slaughter.

CLOSED

313.2

On 5/2/18 at 0710 while performing the Livestock
Humane Handling task at Trenton Halal to verify(b) (6)the conditions of the pen the IIC andobserved that the ante-mortem pen wascompletely filled with goats. In addition, the penthat is used if there is a suspect animal was also
completely filled with goats. The goats were off
loaded on 5/1/18 around 2000 with no FSIS
personnel present. The animals did not haveroom to sit down or turn around. (b) (6)at Trenton Halal, informed the IIC and(b) (6) that approximately 120 goats were
inside the pens. In different areas you could seethat there were spaces where water buckets werelocated. IPP were not able to verify the humane
handling of the goats during truck unloading on
5/2/18. This does not meet regulation 313.2(a).
(b) (6) was informed of thisnoncompliance. The same situation regarding
overcrowding the pens took place on 3/21/18,
and a noncompliance was given. On 3/21/18 thepens were filled after hours with no FSIS
personnel present.

CLOSED13

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17965Gold Medal
Packing Inc.

JRF0314012605N-1

01/05/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

313.1: Livestock pens, driveways and ramps
313.2: Handling of livestock On January 5, 2018at about 0530am while performing ant mortem
task, i (b) (6)observed that the veal bobs
in pen 12 A/B were crowded into the pens suchthat the bobs had no room to freely move. Thebobs were walking on top of each and most ofthem had no space to lie down or walk to the endof the pen where the water barrel was located.
The pens contained a total of 167 bobs according
to the plants chart for pen stocking, there should
only be 50 bobs in 12A and max of 55bobs in pen
12B. I then inspected the other pens and observed
the same instances. There were 83 bobs in Pen 5
which the max capacity is 46 bobs, there were 60
bobs in pen 6 which the max capacity is 46. There
were 52 bobs in pen 3A the max capacity is 42. All
the pens were over crowded causing discomfort tothe animals. I informed the (b) (6)in the pens that the pens were
overcrowded. This is a violation of 9CFR 313.2(a).
Upon inspecting the veal bobs located in thealleyway, I observed the gate to the side of theramp was open, and there were bobs in that area.
That area of the ramp is not utilized because there
is a trench like gap between the side of the ramp
and the gate. I observed the legs of three vealbobs fall into the open space between the ramp
and the gate and watched them struggle to getfree of it. The ramp area is not maintained in good
repair which is a violation of 9CFR.313.1(a). I also
Informed (b) (6)of this noncompliance.

CLOSED14

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17965Gold Medal
Packing Inc.

JRF3710011010N-101/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory III-Water and Feed Available On
January 9, 2018 at about 1440 while checking
water and feed for the held over bob veals. I, observed that there was only water(b) (6)
available for the bob veals. I made (b) (6)aware that the pen employees were gone but thebobs had no feed. (b) (6) advised me that there is anight worker that will be able to feed the animals.
On January 10, 2018 at about 0500 while doing
my ante mortem task, I observed that the bobs
leftover from the previous day in pens 1A and 2ABstill did not have feed. I spoke to (b) (6)andhe informed me that the bob veils arrived either
10pm on the 8th or 1 Am on the 9th, .upon
checking the plants receiving sheet I observed thatthe veal bobs in 1Ab arrived at 11:30 pm on
January 8th and the veal bobs in 2AB arrived at
2am on January 9th. (b) (6) was made aware thatnot having feed available is a noncompliance, Not
having feed available for arriving animals within a
24 hour period after they enter the premises is aviolation of 9CFR 313.2(e)CLOSED15

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17965Gold Medal
Packing Inc.

JRF361001532
3N-1

01/23/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status313.2(a) handling of livestock On January 23,
2018 at about 0730am while performing antemortem task, I (b) (6)observed that theveal bobs in pen 12 A/B were crowded pens suchthat the bobs had no room to freely move. Thebobs were walking on top of each other and mostof them had no space to lie down or walk to theend of the pen where the water barrel was
located. Pen 12A contained a total of 110 bobs
veal, according to the plants chart for pen
stocking, there should only be 50 bobs, 12B
contained 95 bob veal and max for that pen are
55 bobs. I inspected the other pens and observed
the same instances. There were a total of 189 bobveal in Pens 5,6,7 and according to the plants
chart for pen stocking, Pen 5 max is 46 bob veal,
pen 6 max is 46 bob veal and pen 7 max is 46 bobveal which would total 138. I informed (b) (6)in the pens that the pens
were overcrowded. I also informed(b) (6)) the .This is aviolation of 9CFR 313.2(a). Overcrowding of thepens causes discomfort to the animals and createsa situation in which they are unable to accesswater or feed.

CLOSED16

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17965Gold Medal
Packing Inc.

JRF501102350
6N-1

02/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status313.2(a) handling of livestock 313.2(e) Category
III-Water and Feed Available On February 6, 2018at about 8:00am while performing ante mortem
task, I (b) (6)observed that the veal bobs
in pen 1A were overcrowded. The count in the Pen
was 52 and according to the plant chart for pen
stocking, there should only be 45 veal bobs. Pen
12A was also crowded such that the bobs had noroom to freely move. The bobs were walking on
top of each other and most of them had no space
to lie down or walk to the end of the pen where
the water barrel was located. Pen 12A contained atotal of 114 bobs veal, according to the plants
chart for pen stocking, there should only be 50
bobs. I also noticed that there were numerous
hoses for the water barrel strewed about on thefloor around the pen areas. Upon further
inspection I observed that there were several
water barrel that did not have hoses attached to
the nipples or only one or two hoses attached. In
the alleyway the FF Veals had a water barrel withnipples available but the water level was too low
for them to access it from the top of the barrel.
This creates a situation where water or feed is notavailable for the animals. I informed (b) (6)in the pens that the pens
were overcrowded and water and feed was notavailable or accessible to most of the animals. I
also informed (b) (6).These are violations of 9CFR 313.2(a)and 9CFR313.2(e) Overcrowding of the penscauses discomfort to the animals and creates asituation in which they are unable to access wateror feed.

CLOSED17

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17965Gold Medal
Packing Inc.

JRF261002022
8N-1

02/28/2018

04C02

M20403

American Halal
Meat Inc.

PID3111032707N-1

03/07/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.16(a)(1)

HATS CATEGORY VIII Stunning Effectiveness At
approximately 0950 on February 28, 2018, while
verifying the stunning procedures in the pen area,
I (b) (6)
, observed the following; a plant
employee attempted to stun the thirteenth large
market swine by gunshot (using a .22 magnum)on the conveyor. A bullet penetrated the head but
did not render the animal unconscious on the firstattempt. The swine remained upright, on all 4 andalert, but with no vocalization. The employee
immediately stunned the swine with the electric
stunner; this stun was effective in rendering theswine unconscious and insensible to pain. It wasthen insensible to pain before being shackled andbled. I notified the employee of thenoncompliance with 9 CFR 313.16(a)(1).

CLOSED

Livestock
HumaneHandling

313.2

While performing HATS Category III (Water andFeed Availability) during the Livestock Humane
Handling task on March 7, 2018 at 10:45am, I
observed 5 heifers lined up in the chute waiting tobe slaughtered, without access to water, no room
to lay down, and no room to turn around. The
establishment was currently slaughtering sheep,and had approximately 20 sheep remaining, with
the intent of returning to slaughter the cattle after
the 12 pm lunch break. I spoke with (b) (6), and he confirmed that theheifers had been there for about 30 minutes. I
notified him that this is in violation of 9 CFR
313.2(e). (b) (6)instructed the employees
to return the cattle to the holding pens, which
was done immediately.

CLOSED18

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

M20403

American Halal
Meat Inc.

PID2011055401N-1

05/01/2018

04C02

Livestock
HumaneHandling

313.1, 313.2

Today May 1st, 2018 at about 7:30 AM I,
followed the (b) (6)to observe the unloadingof animals in Establishment # 20403-M. I observed
the plant Manager Mr. Cahit Commit was trying
to separate about 5-6 sheep and 4 heavy calvesfrom pen # 5 to pen # 10 and 4. Two of theheavy calves slipped and fell down but stood
unhurt due to slippery, not well maintained forsound footing, and not properly covered by sandor wood chips floor of pen # 5. Immediate
corrective action was taken and pen # 5 was
rejected by applying USDA reject tag #B35688029.
Both plant manager Mr. Cahit and plant (b) (6)were notified of intending Humane
Handling non-compliance. Plant has failed tofollow regulations 9CFR 313.1(b), 9CFR312 (a),and their own written procedures for Humane
Handling.

CLOSED

M5300

Rhode Island
Beef & Veal
Inc.

VEL011401083
1N-1

01/31/2018

04C02

Livestock
HumaneHandling

313.2

HATS category III: Feed and Water Availability
While performing a humane handling task in theholding pens at approximately 2:30pm on
1/31/18, the following noncompliance wasobserved: Seven goats and three sheep werehoused in the alleyway adjacent to the pens.
None of the animals in the alleyway had access towater. A slaughter floor employee was notified
and the animals were immediately provided
water. This is in noncompliance with
9CFR313.2(e). (b) (6)was notified of the noncomplianceverbally and also informed that a noncompliancerecord would be generated to reflect this finding.

CLOSED19

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M5497+V5
497

Adams Farm
Slaughterhous
e LLC

FWJ161403232
8N-1

03/28/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory III: Water and Feed Availability At
approximately 1430 hours (b) (6)wentout to the holding area to perform antemortem
inspection and to check the availability of water inthe pens. He observed no water available in pens
#3 and #6, which held cattle and lamb andgoats. The barn manager was notified and
immediately put water in the pens. (b) (6)informed kill floor manager of the findings
verbally. (b) (6) was notified verbally and withthis notice. No recent similar NR's have been
issued.

CLOSED20

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M457903282 Beaver
Meadow RoadLLC

BJL191405511
4N-1

05/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(a)(3)

HATS Category VIII: Stunning Effectiveness At
8:18AM Monday 5-14-18 while conducting
Humane Handling Verification at plant 45790
Royalton Meats the following Non-Compliance
was noted during the start of ovine slaughter. The
second ovine into the day was loaded in to thestun box and was ready to be stunned. The plant
had an ineffective stun on the first attempt with
an immediate follow up effective stun on thesecond attempt. IIC noted the missed stun as theanimal fell as if it was stunned properly but thenrose to its feet prior to the sticking. The plant
employee took an immediate follow up stun andrendered the animal completely unconscious andthen the sticking and shackling began. This is a
Non-Compliance with 9CFR 313.15 IIC thentook action and tagged the box ( US Rejected Tag
NO.B42089130 ) to consult with the PHV as to thenext steps because the plant was still in theprocess of responding to an NOIE issued on
05-03-2018. After speaking with the PHV, thetag was removed @ 8:45am and the plant was
verbally informed that they could resumeslaughter and that they would be receiving an
MOI and a Non-Compliance record for theincident that transpired. The plant is using forsheep/Goat and Pig slaughter a cash special hand
held penetrating captive bolt gun. They use theprescribed rod and load for the size and type of
species as the stunner and boxed shot loads state
to, as to get proper penetration. It is unknown if it
was mechanical or personnel related at this time.
IIC has watched 14 consecutive stuns since theineffective stun this am and has found the plant tobe as of now (11:20am) compliant.

OPEN

21

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M8868

EstName

NR#

Date

Task

PT Farm LLC

RDB5306010909N-1

01/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn 1/8/18 at approximately 0700 hrs. , while
preforming Ante Mortem I (b) (6)observed the following . The water was frozen ineach pen. I notified plant manager Peter
Beaupre . He instructed an employee to bringbuckets of water to the animals until he could get
it fixed. This is a violation of CFR 313.2(e) ,thatstates animals shall have access to water in all
holding pens

CLOSED22

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9428+P9
428

East Conway
Beef & Pork
Processing

XML4311015325N-1

01/25/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(b)(1)(i),313.15(a)(1),
313.15(a)(3)

HATS Category VIII – Stunning Effectiveness
Thursday, January 25, 2018: Shortly after
antemortem inspection had been completed at
8:47AM, Plant management at EST. 9428 elected
to stun a market swine using a captive bolt gun
rather than performing their usual electricalstunning procedures for swine slaughter. While
the swine was secured within the kill box, I
observed Mr. Darrell Robinson, plant owner standon the side of the kill box and reach down overthe side with the stunning device in hand. Mr.
Darrell Robinson positioned the captive bolt gun
onto the head of the animal. A shot was fired andthe animal simultaneously let out a loud, drawn
out vocalization. The animal remained standing
upright and took a few steps forwards and thenback. I observed fresh blood trickling from thecaptive bolt entrance wound. The swine continued
to vocalize and rapidly shake its head from side toside. (b) (6)then handed the back up
rifle to his father so he could administer anothershot. Mr. Darrell Robinson immediately
administered a second stun once the animalpresented a clear shot. That shot was effective as
the animal immediately dropped and no longer
exhibited signs of consciousness such as the
tracking of eyes or vocalization. The animal did
not regain consciousness at any point after the .22
magnum shot was fired. I then applied U.S.
Rejected tag no. B30849482 to the kill box andinformed plant management the further stunningof animals may not continue at this time. I
proceeded to contact my supervisor to report myobservations and receive further instructions.

CLOSED23

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9428+P9
428

East Conway
Beef & Pork
Processing

XML56
09011130N-101/30/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category II - Truck Unloading (9CFR 313.1
and 313.2): Tuesday, January 30, 2018: At
approximately 9:45AM while performing
antemortem inspection, prior to the start ofslaughter operations, I observed a damaged
section of a holding pen wall. A section of metal
with sharp edges, approximately 1 ½ feet inlength, was bent outwards and protruding into
the pen. I informed (b) (6)of the requirements for 9 CFR 313.1(a)and voiced my concern regarding the potential
for injury of livestock within the holding pen.
Livestock pens, driveways and ramps shall bemaintained in good repair. They shall be free fromsharp or protruding objects which may, in theopinion of the inspector, cause injury or pain to
the animals. Loose boards, splintered or brokenplanking, and unnecessary openings where thehead, feet, or legs of an animal may be injured
shall be repaired. I verbally issued anoncompliance to (b) (6)pending mywritten report.

CLOSED24

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M20321+V
20321

Luce's Maine
Grown Meats

NKI571203571
9N-1

03/19/2018

04C02

M20321+V
20321

Luce's Maine
Grown MeatsNKI541104171
6N-1

04/16/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1)

HATS Category VIII – Stunning Effectiveness 9 CFR
313.15 (a)(1) Monday, March 19, 2018: At
approximately 10:30AM I observed the following
noncompliance while on the slaughter floor: I
watched as a large bull, over 30 months of age,
was secured in the knock box. (b) (6),the designated stunner applied a shot to the bull’shead using a captive bolt gun. The first stunattempt was ineffective as the bull did not drop
and remained fully conscious. (b) (6)
immediately and effectively applied a second shotwith a .410 firearm. I verbally notified (b) (6)and Mr. Arnold Luce, plant owner of thenoncompliance pending my written report.

CLOSED

Livestock
HumaneHandling

313.15(a)(1)

HATS Category VIII-Stunning Effectiveness 9 CFR
313/15(a)(1) At 9:40 am while observing thestunning of a Beef Cow I saw that the shot from a
captive bolt gun was ineffective in rendering theanimal unconscious. An immediate second shot
was applied to the animal which rendered theanimal unconscious (b) (6)and Plant Manager Arnold Luce were
informed that a record of non-compliance would
be issued. A review in PHIS indicates a similar
non-compliance NKI5712035719 was issued on
March 19 2018.

CLOSED26

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M818+V81
8

J. H. Routh
Packing Co.

FYC450402502
0N-1

02/19/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn Monday night 02-19-18 at 10:39 pm (b) (4)arrived at Routh Packing Co. tounload 190 hogs. There was a bill of lading on the
counter top ,also K.E.E. Trucking Co. which had
the date of the 19th. I asked the (b) (6)what time he was here earlier today to drop off
the split load of 123 hogs and 67 hogs. (b) (6)stated that he had delivered the split load on the
18th about 8 or 9 pm,which were placed in pens
8-9. I went to pens 8-9-and 10 to observe howmuch feed was left, only to not find any feed atall. It appeared as if there had not been any feedin quite a while from the dust in the bottoms of
the feeders in these pens. At 11:30pm (b) (6)arrived at the Establishment and fed pens
8 and 9. Then filed out the paperwork whichstated that the hogs were in fact delivered to theEstablishment on the 18th. This is anoncompliance of 9 CFR 313.2 (e)which states:
Animals shall have access to water in all holding
pens and, if held longer than 24 hours, access to
feed.

CLOSED27

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M818+V81
8

J. H. Routh
Packing Co.

FYC151304562
6N-1

04/26/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 0637 hours on Thursday April
26, 2018 while performing the ante-mortem task
in the barn at Pen L, (b) (6)hadobserved that the waterer was not fully functional
and inadequate. Additionally, the pen was
overstocked and would not allow for access to any
animal in that pen even if it was fully functional.
The pen was tagged with a US Rejected tag
No.B41225213. The fact that water was
inaccessible to pigs represents a noncomplianceaccording to 9CFR 313.2(e) which states thatanimals shall have access to water in all holding
pens and if held longer than 24 hours, access tofeed. All animals that are on the premises of theestablishment, on vehicles that are on thepremises, or animals being handled in connection
with slaughter are to be handled humanely.
Establishment employees are to handle theseanimals in accordance with the requirements forthe humane handling of livestock (9 CFR 313.2).

OPEN

28

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M4593

EstName

NR#

Date

Task

Greenbrier
Meat
Company, Inc.

XQC4707015304N-1

01/03/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory III – Water and Feed Availability --9CFR
313.2 While a Humane Handling task was being
performed, the following non-compliances were
noticed. One pen had one hog in it, with one
water container that was tipped over and no otheravailable water. A second pen contained 5 cattle.
In the pen with the cattle, there was one water
bucket that was overturned and one container ofwater that was frozen solid, with no other water
available. (b) (6) stated he was on his way toreplace fresh water in the buckets as we(b) (6)
approached him to discuss the deficiency.
asked if all of these animals had beenbrought in the night before, and (b) (6) repliedthat they had. The plant was not in compliancewith 9 CFR 313.2(e), animals shall have access towater in all holding pens. This same issue was also
documented in Nr. XQC2008125821N written(b) (6)during the Humane Handling review withand (b) (6)on 12/19/17. Corrective
actions were either not effective, or not
implemented. This NR will be linked to NR
XQC2008125821N from 12/19/2017, and thelinkage will be discussed in the next HACCP
meeting.

CLOSED29

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M4593

EstName

NR#

Date

Task

Greenbrier
Meat
Company, Inc.

XQC4111041003N-1

04/03/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

On /3/2018 at approximately 0825 whileobserving slaughter and verifying HATS category
VIII-stunning effectiveness, the following
noncompliance was observed. (b) (6) fired thefirst stunning shot to a market hog. The hog madea quick squeal and remained standing. Both (b) (6)and I noted that when the bullet fired it
sounded much quieter than normal. (b) (6)
immediately reloaded the gun and fired a second
shot which was successful in rendering the hog
unconscious. I then examined the head and there
was a powder burn area on the skin of theforehead approximately one inch in diameter,along with the entrance wound from the bullet ofthe second shot. Since the animal was notrendered unconscious with the first shot, this is
not in compliance with 9 CFR 313.16(a). (b) (6)was notified of the noncompliance.

CLOSED30

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M6785

EstNameBob Evans
Farms Inc.

NR#

Date

Task

NRL141601481
1N-1

01/11/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

Humane Handling Activity Tracking System (HATS)
Noncompliance, Category VIII: Stunning
Effectiveness At approximately 2:30pm on
Thursday, January 11, 2018, Bob Evans Farms
personnel notified (b) (6)of agilt that was unwilling to rise. The gilt in question
was bright, alert, and responsive, but was not able
to rise in the hindlimbs, possibly due to a joint
injury. Because the gilt could not walk to theelectrical stunner to be slaughtered, Bob Evans
Farms personnel elected to use the handheld
captive bolt stunner to render the gilt insensible.
Bob Evans Farms personnel gathered around thegilt at the back of Pen 7. The gilt was restrainedwith the fence of Pen 7 to her left, one employee
holding a sort board at her rear, and a second
employee holding a sort board at her right side.
After marking the gilt’s forehead for proper
captive bolt placement, a third employee placed
the handheld captive bolt stunner on the gilt’s
forehead and fired. The shot was unsuccessful inrendering the gilt insensible. (b) (6)determined that the shot was unsuccessful inrendering the gilt insensible because the gilt
vocalized several times, fell to the ground but
attempted to rise in the forelimbs, and had astrong voluntary blink reflex. Bob Evans Farms
personnel assessed the gilt and recognized thatthe gilt remained conscious. Bob Evans Farms
personnel quickly restrained the gilt again. A
pre-loaded backup captive bolt stunner waspresented to the employee to stun the gilt asecond time. Within a matter of approximately 15
seconds the second captive bolt stunner wasapplied to the gilt’s forehead and discharged.
After the shot was fired the gilt collapsed and wasdetermined to be successfully rendered insensible.
Bob Evans Farms personnel stuck the gilt to bleed.
After the gilt was insensible, (b) (6)notified (b) (6),that an NR would be issued. Failure to

CLOSED31

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
successfully render an animal insensible with thefirst application of a captive bolt stunner isnoncompliant with 9 CFR 313.15(a)(1). This NR is
not linked.

Status32

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M6785

EstNameBob Evans
Farms Inc.

NR#

Date

Task

NRL161602271
4N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

Humane Handling Activity Tracking System (HATS)
Noncompliance, Category VIII: Stunning
Effectiveness At approximately 4:10pm on
Wednesday, February 14, 2018, Bob Evans Farms
personnel notified (b) (6)of asow that was unwilling to rise in the shower room.
The sow in question was alert and responsive, but
was not able to rise in the hindlimbs. Because thesow could not walk to the electrical stunner to beslaughtered, Bob Evans Farms personnel elected
to use the handheld captive bolt stunner to render
the sow insensible. Bob Evans Farms personnel
gathered around the sow in the shower room. The
sow was restrained by a concrete wall on her left,
an employee holding a sort board at her rear, anda second employee holding a sort board at her
right side. After marking the sow’s forehead forcorrect captive bolt placement, a third employee
placed the handheld captive bolt stunner on the
sow’s forehead and fired. The shot was(b) (6)
unsuccessful in rendering the sow insensible.
determined that the shot was
unsuccessful in rendering the sow insensible
because the sow vocalized twice, remained
standing, and took a few steps with her forelimbs.
Bob Evans Farms personnel quickly assessed thesow and recognized that she remained conscious.
Bob Evans Farms personnel restrained the sow
again and a pre-loaded backup captive bolt
stunner was presented to the employee to stun
the sow a second time. The second captive bolt
stunner was applied to the sow’s forehead anddischarged. After the shot was fired the sow
collapsed to the ground and was determined to be
successfully rendered insensible. Bob Evans Farms
personnel stuck the sow to bleed. After the sow
was insensible, (b) (6)notified (b) (6), that an NR would
be issued. Failure to successfully render ananimal insensible with the first application of a
captive bolt stunner is noncompliant with 9 CFR

CLOSED33

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status313.15(a)(1). This NR is linked to noncompliancerecord NRL1416014811N/1 dated January 11,
2018. The further planned actions of “Theoperators involved were all experienced at captive
bolt and are aware of the procedures for aneffective stun. Plant feels that this was an isolated
incident but will remain attentive to differing
circumstances and animal behaviors associatedwith the use of captive bolt” were either not
implemented or were ineffective in preventing
continued noncompliance. Continued failure tomeet regulatory requirements may result infurther regulatory or administrative actions as
described in 9 CFR 500.
M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK4210015904N-1

01/04/2018

04C02

Livestock
HumaneHandling

313.2

January 4, 2018 While performing the Livestock
Humane Handling task at approximately 1030,
non-compliance was observed at Harmon Bros.
Meats, Warsaw, KY. Specifically, Humane
Handling Activities Tracking System (HATS)
category III, water and feed availability was foundto be in violation. Two holding pens full of sheep
were observed to have frozen solid water troughs.
One pen had a dead baby lamb lying on top of thefrozen water and a section of garden hoseextending into the ice. This observation was
brought to the attention of plant management
and advised of this forthcoming non-compliancerecord.

OPEN

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK1006
015105N-1

01/05/2018

04C02

Livestock
HumaneHandling

313.2

On January 5, 2018, at approximately 7:00 am, I) went to the pen area to do the(b) (6)
verification on the animals and to view that the
animals had the proper bedding and water for theweather that this area is having. I observed thatthe cattle that was in the cattle pen had no water
it was frozen completely, one of the sheep pens
had some water. With the cattle pens water
frozen I am writing the non-compliance for313.2(e), which states that all animals must haveaccess to water at all times.

OPEN

34

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M7356+P7
356+V7356

EstName

NR#

Date

Task

HarmonBrothers
Meats, Inc.

IJK4512025222
N-1

02/22/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

February 22, 2018 HATS CATEGORY VIII(8)-STUNNING EFFECTIVENESS- At
approximately 1000 EST a crossbred steer wasplaced in the knock box at Harmon Bros. Meats,
Warsaw, KY. While performing the HATS task I
observed plant personnel administer a shot withthe captive bolt device. The steer was observed to
be standing and moving in the knock box(conscious righting reflex, conscious eye tracking).
The captive bolt device was reloaded and a second
shot fired which did render the animal insensible.
IPP placed U.S. Rejected tag #B42200582 on theknock box at approximately 1015 EST andinformed plant personnel the Jackson District
Office would be contacted as to how to proceedwith the day’s operation in light of the recent
verification plan for an egregious humane
handling incident.

OPEN

35

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK0512043612
N-1

04/12/2018

04C02

Livestock
HumaneHandling

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK1013045418N-1

04/18/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

April 12, 2018 HATS Category III-Water and Feed
Availability. While performing the Livestock
Humane Handling task at Harmon Bros. Meats,
Warsaw, KY, non-compliance was observed in theholding pens. At approximately 1030 a holding
pen containing roughly 14 cattle of various sizes
was found to have a low profile 25 gallon water
trough with approximately two inches of
chocolate brown water (fecal contamination). The
condition of the water is such that the cattle areunlikely to consume, and thus making water
availability non-existent. HATS Category
V-Suspect and Disabled. Again, while performing
The Task, a large holding pen with TNTC (toonumerous to count) swine of various sizes wasobserved to have at least three animals showing
respiratory symptoms. The pigs specificallyexhibited labored open mouth breathing. In an
adjacent holding pen another showed similar
symptoms. The establishment does not have adesignated “U.S. Suspect” pen and has noavailable pens for segregating these animals fromthe normal population. Some of these pigs havebeen in the holding pens for at least two weeks.
As of today, 12 pigs have died in the holding pens
this week. Plant manager Roy Palmer was
notified of these observations and the impending
non-compliance record.

OPEN

313.2

At 11:06 this morning the arrival of animals,caused the establishment not to have a "Suspect"
pen area to hold the animals that might be sick or
for other reasons. This was brought up and talked
about in and NR last week. This is important tohave a place to put sick animals and ones thathave a disability. The pens are full, there isn't even
a USDA suspect pen to do the ante mortem at the
beginning of the next work day. There has to be
one pen made available for these animals.

OPEN

36

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK2907
044520N-1

04/20/2018

04C02

Livestock
HumaneHandling

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK3006
043224N-1

04/24/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.1

On observation at 7:00am this morning; April 20,
2018; of pen # 2 the watering trough had fecal
floating on the top of the water. On observation
the watering trough was dirty and the water was
not considered drinkable water. The water wascontaminated with fecal and was contaminatedwater. On observation to the pen # 6, at 7:00am
on April 20, 2018, I observed that the pen was
overcrowded with animals. Yesterday April 19,
2018 the establishment had a shipment ofanimals to be unloaded into pen 6, at the end of
the shift, the animals needed to be separated tomake more room for them. This morning theanimals had not been separated and the pen was
overcrowded with animals and the animals could
not lie down. The animals are to be able to room
to lie down in the pen area. Also the overcrowdingof animals makes the animals not accessible towater; all animals are to be accessible to water at
any time.

OPEN

313.1

At approximately 7:01am this morning while
doing the ante mortem check to start the day at
Harmon Brothers, I observed that the animals thatwere in pen 6 had still not been separated for theovercrowding of these animals. The animals are
overcrowded and need to be separated so thatthey can lie down and rest if need be. Also thismorning there is a dead sheep that was foundyesterday afternoon at the feeding time or thismorning from this same pen. There isn't any
pens open to be able to move or separate theseanimals, because all the pens are full of animals.

OPEN

37

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK5706
040224N-1

04/24/2018

04C02

Livestock
HumaneHandling

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK4312040325N-1

04/25/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

At approximately 7:10 am this morning, while
doing the ante mortem inspection, I found a hog
down and sick in the pens, the animal had
separated itself from all the other animals thatwere in that pen. It was breathing hard non
responsive. I retrieved a suspect tag from theoffice and had it placed in it ear. At this time there
wasn't a pen to place this animal in, (all the pen
are full of animals), so the establishment
employee was able to move this animal to thehallway, away from all the other animals thatwere in the pen with this one.

OPEN

313.1, 313.2

At approximately 1:05pm today, I observed two
hogs in pen 4, that was lying in the same place as
they were in the morning, when the animals wereapproached they didn't get up and move. I had
suspect tags placed in their ears at this time.
Some of the hogs from this pen were presented
today for ante mortem and moved from this pen.
At this time there wasn't an ante mortem pen toplace these animals in, to us as a "Suspect" pen.
There were two more hogs from pen 5 that wereplaced in the hallway at the same time due to thenone movement and animals weren't up eating,just laying breathing hard and seem to be sick.
They to were placed in the hallway since there
wasn't a "Suspect" pen available. Due to theregulations there is to be a "Suspect" penavailable to place animals in if the tag is used.
Pen 2, has several calves in it and the animals
water is dirty and contaminated with fecal again,
the pen hasn't been cleaned in days, the animals
are lying in their own fecal, the fecal matter isabout 1" deep and the animals are lying down and
it is contaminating the animals coats. The
condition of this pen needs to be address, it isunsanitary for the animals to be lying in thatenvironment.

OPEN

38

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK2009052901N-1

05/01/2018

04C02

Livestock
HumaneHandling

M7356+P7
356+V7356

HarmonBrothers
Meats, Inc.

IJK2110052207N-1

05/07/2018

04C02

M7429+P7
429

Hampton Meat
Processing Co.,
Inc.

IPE5707
040705N-1

04/05/2018

04C02

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

At approximately 10:10am this morning, when I
went to the pen area, there were 5 hogs in pen 1,
they have been here for in the pen for 24 hours;
without water and they were held overnight
without food also. Any animal that is held
overnight is to have access to water and food. The
water that is in the pen is not accessible to thesehog, they were placed in the cow pen; thewatering trough that is in this pen is a 50 gallon
watering trough and isn't accessible for these hog.

OPEN

Livestock
HumaneHandling

313.15(a)(1)

May 7, 2018 HATS category VIII-Stunning
Effectiveness: At approximately 1000 EDT while
performing the Livestock Humane Handling task
at Harmon Bros. Meats (M7356) Warsaw, KY I
observed non-compliance. A beef animal wasplaced in the knock box and the captive bolt
device applied to the forehead; the animal wasobserved to have a conscious righting reflex(sitting upright) after the firing of the device.
Immediate corrective action was taken with thesecond firing of the captive bolt device which did
render the animal insensible. Plant Manager Roy
Palmer and owner Dave Harmon were notified of
the non-compliance.

OPEN

Livestock
HumaneHandling

313.15(a)(1),
313.15(a)(3)

HATS Category VIII- Stunning Effectiveness: At
approximately 0710 hours on April 5, 2018 while
performing the Humane Handling task on theslaughter floor, I observed an incident which asingle shot of a steer with a captive bolt did not
produce immediate unconsciousness. The steer
remained standing with tracking eye movement
and a small amount of blood on his forehead. A
second shot was administered with an effective
stun rendering the animal unconscious. The
stunning area was immediately Rejected using
U.S. Retain Tag #B19322020 and (b) (6)and co-owner Justin Hampton were
notified.

CLOSED39

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7464+P7
464

F.B. Purnell
Sausage Co.,
Inc.

CMN59
12041419N-1

04/19/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusApril 19, 2018 HATS (Humane Handling Animal
Tracking System) Category IV: Ante-mortem
Inspection. At approximately 0615 EDT while
performing the Livestock Humane Handling task
at Purnell Sausage Company, Simpsonville, KY,
non-compliance was observed. The establishment
has the practice of washing the sows with apressurized water hose prior to entering the chutesystem leading to the restrainer on the kill floor;
this process occurs in pen #10. While observing
this process and the ensuing commotion createdamongst the sows (excitement and vocalization), I
noted that the back gate to the pen was being
held closed by a chain draped across the top of
the gate and the post; the latch on the gate was
not closed. This arrangement created a gap of
approximately 10- 12 inches between the gate
and the post. In the excitement created with thewashing process, I observed a sow attempting toexit the pen through the gap created; this resulted
in the sow trapping her head in the gap, unable toremove her head. I brought this observation to theattention of (b) (6), who
promptly entered the pen, and after some effort,
was able to free the sow’s head. He latched thegate and once again secured the chain. As
left the area, he observed on(b) (6)the adjacent pen, pen #11, the device used tosecure the latch was missing from the post; thisgate was apparently being secured by plant
personnel with the chain alone. He immediately
had maintenance repair the broken latch. I
informed (b) (6)of thisnon-compliance.

CLOSED40

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M8078+P8
078+V8078

Boone's
Abattoir, Inc.

APM05
12022912N-1

02/12/2018

04C02

Livestock
HumaneHandling

M8082

Kirby & Poe
Slaughterhouse

EXA261203211
4N-1

03/14/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

At approximately 7:55 AM on Monday, February
12, 2018, I observed the following
non-compliance while conducting HATS Category
3 (Water and Feed Availability) verification: there
were three (3) beef being held in the barn andthere was no available drinking water in theholding pens. The plant utilizes a hose-fed, angleiron trough that runs along the back of the beef
pens to provide drinking water. However, thewater supply was turned off and the trough wasdry. I notified a plant employee of the
non-compliance and the water supply was
immediately turned on filling the trough in amanner of seconds. I did not initiate a regulatory
control action as the non-compliance wasimmediately corrected in my presence following
notification. This represents non-compliancewith 9 CFR 313.2(e) which states in part that“animals shall have access to water in all holding
pens and, if held longer than 24 hours, access tofeed.” (b) (6)

CLOSED

313.16(a)(1)

HATS Category VIII - Stunning Effectiveness On
March 14, 2018, at approximately 7:05 am, while
performing the Humane Handling Task, I observed
an incident in which a single shot with a .357/.38
rifle using .38 caliber shells delivered to a large
market swine did not produce immediate
unconsciousness as required by 9 CFR
313.16(a)(1). The animal vocalized and remainedin an alternating standing and semi-standing
position, alert and eyes blinking with blood exiting
both nostrils. A second gunshot was delivered assoon as possible from the same rifle andeffectively rendered the animal unconscious. The
stunning area was immediately rejected with US
Reject Tag B40 173856 and Owner/Operator Kelly
Poe was notified of the humane handlingnoncompliance and corrective action(s) were
implemented.

CLOSED41

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbrP15724

EstName

NR#

Date

Task

TaskName

Regs

Case Farms ofOhio, Inc

EVC2712053401N-1

05/01/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 1135 hours while performing
the review and observation component of theroutine daily Poultry Good Commercial Practices
task, (b) (6)made theobservations described below. The hourly
establishment employee operating the (b) (4)was observed to havecompleted the dumping of a cage of live birds.
Upon completion of the dumping process thecoop was backed off the dumping mechanism andtwo birds were observed to be resting on the open
door of one of the compartments of the dumped
cage. The employee operating the dump system
was then observed to pick the birds up by thewings and throw them forcefully onto the transfer
belt. The birds were thrown a distance ofapproximately 5-7 feet prior to them landing on
the transfer belt. A third bird was observed to besitting on the lip where the dump system
connects to the transfer belt. The employee
operating the dump system was observed to lift
his right boot in the vicinity of the bird and upon
noticing(b) (6); he immediately placed his
foot back on the floor. The actions describedabove are non compliant with 9CFR381.65 (b)which requires all poultry to be handled inaccordance with good commercial practices.
and (b) (6)and were(b) (6)
summonsed with to the area and the event was
discussed with them and the both were informedof the pending non compliance record.

OPEN

42

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4271+P4
271+V4271

GREISE
BROTHERSPACKING INC.

CZF0809055203N-1

05/03/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

HATS Category III: Water/Feed Availability;
9CFR313.2(e), On May 3. 2018 at approx. 0900
hours, while performing antemortem inspection
at Establishment #04271, Greise Brothers Packing,I, (b) (6) , observed the following
non-compliance. The 4 water barrels in theoutside pen were all empty and there was noother supply of water available. The outside pen
was holding 4 beef. I immediately notified the
manager of the pens (b) (6) . He moved all thebeef from the outside pen into pen #7. HATS
Category IV: Handling During Antemortem
Inspection; 9CFR313.1(a), On May 3, 2018 at
approx. 0910 hours, I inspected the outside pen
and observed wire bent inward and metal
sheeting, both with sharp edges, against the fence
that may injure livestock if livestock were inside
the pen. I notified the pen manager and the killfloor manager of my findings. I took regulatory
control action by placing U.S. Retained/Rejected
tag No. B37604609 on the entrance to the outside
pen. This pen is rejected from use until all
regulatory requirements are met.

CLOSED43

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4271+P4
271+V4271

GREISE
BROTHERSPACKING INC.

CZF301205510
9N-1

05/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV: Antemortem Inspection On
May 9, 2018, at approximately 1030 hours, while
I (b) (6)was performing routine
inspection in the barn area, the following
noncompliance was noted: While waiting toobserve cattle being moved toward the knock box,
I observed a goat with it's head stuck through thefence. As I approached the goat, it began to
struggle, and I realized that it could not get it'shead back through the fencing. As no one else
was in the area, I assisted the goat in getting free.
The goat was not injured from being stuck orwhile getting it free from the fence. I thenexamined the fencing and saw that some of thehorizontal wires were broken away from thevertical wires, creating sharp points, and one
horizontal piece was completely missing which
created a hole large enough for the goat to stick
it's head through the hole but not pull it's headback out due to it's horns. A kill floor manager
was not available today, so I initially notified a, and informed him that the(b) (6)fence needed to be repaired immediately or the
animals moved to another pen. Shortly after this,Frank Greise, plant owner/manager arrived in thearea to assist in moving two beef from the holding
pen into the alleyway to the knock box. I also
informed him of the problem, and he instructed(b) (6) to repair the fence immediately. I verified
that the repair had been completed. This NR islinked to the above-mentioned NR which was
written on a different pen in the barn. The
establishment's corrective actions of repairing thefence in that pen were effective for that particularpen, but the establishment did not address otherpens in the barn due to this noncompliance being
written.

CLOSED44

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M5931

G.G.
RUPPERSBERG
ER & SONS INC

WHD1706014425N-1

01/25/2018

04C02

Livestock
HumaneHandling

M5931

G.G.
RUPPERSBERG
ER & SONS INC

WHD2507034327N-1

03/27/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HATS Category III: Water/Feed Availability; 9 CFR
312.2(e), On January 25, 2018 at approximately
0630 hours, while performing antemortem
inspection at Establishment #5931M, G. G.
Ruppersberger & Sons, I observed the following
noncompliance. The water buckets for pens 3 and6 were both overturned and were empty. There
was no other water available in the pens. The
plant manager was notified and immediately sent
an employee to fill all water containers to restore
water. Mr. Eb Nuttle, Plant Manager, was notifiedof the plant’s failure to meet the regulatory
requirements of 9 CFR 312.2(e). The
establishment is being notified through thisnoncompliance record as written notification thatfurther failure to meet the regulatory
requirements could result in additional regulatory
or administrative actions.

CLOSED

313.2

HATS Category III: Water & Feed Availability and
HATS Category IV Handling of Livestock During
Ante Mortem Inspection: 9 CFR 313.2. On
March, 27/19, at approximately 0740 while
performing the humane handling task at
Establishment 5931M, GG Ruppersberger
Inc. & Sons, I observed the following
non-compliances in the outside animal holding
pens: 1.
Water was not accessible to all
livestock in pens I notified (b) (6)
immediately. I took regulatory control
action and applied Retain/Reject Tag Number
B37529212 outside holding pen. (b) (6)was immediately notified of the failure to meetthe regulatory requirements of 9 CFR
Regulations313.2. I reinspected the pens andverified that the water was made available to thelivestock and I removed the tag. The
establishment is being notified through thisnon-compliance record as written notification thatfurther failure to meet the regulatory requirement
could result in additional regulatory or
administrative actions.

CLOSED45

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M5931

G.G.
RUPPERSBERG
ER & SONS INC

WHD53070445
26N-1

04/26/2018

04C02

M7415+P7
415+V7415

HOFFMAN'SQUALITY
MEATS

YUN570603370
6N-1

03/06/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.1, 313.2

HATS Category III: Water & Feed Availability and
HATS Category IV: Handling of Livestock During
Ante Mortem Inspection: 9 CFR 313.1 and 313.2.
April,26 ,18 at approximately 0720hours, while
performing the Humane handling task at
Establishment 5931M, G. G. Ruppersberger
Inc. & Sons, I observed the following
non-compliance in the outside animal holding
pens: 1) Water was not accessible to livestock inpens 1 . I notified (b) (6)
immediately
notified . I took regulatory control action andapplied Retain/Reject Tag Number B37529253 .
The water troughs and containers were filled andmade available to all livestock. I reinspected thepens and verified that the water was madeavailable to the livestock and removed the
Retain/Reject Tag. (b) (6)was notified of
the failure to meet the regulatory requirement of
9 CFR 313.1 and 313.2. The establishment isbeing notified through this non-compliance record
as written notification that further failure to meetthe regulatory requirements could result in
additional regulatory or administrative actions.

CLOSED

Livestock
HumaneHandling

313.2

Category III - Water and Feed Availability At
approximately 0500 hours while performing
livestock ante-mortem inspection, prior to thebeginning of the day's slaughter operation, I
observed two swine in livestock pen number fivewith no access to water. The animals were asleep
and showed no signs of stress. The affectedanimals were immediately supplied with water by
an employee in the barn area and no regulatory
control action was taken. I informed Mr. Gene
Rhodes, plant manager, of the establishment's
failure to meet 9CFR regulations.

CLOSED46

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P7927

EstName

NR#

Date

Task

TaskName

Regs

AMICK FARMS,LLC

YGC331805281
5N-1

05/15/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn 5/15/18, while performing a Good Commercial
Practice Verification Task, I observed an
establishment employee in the live hang area pickup a live bird and throw it approximately
three feet down the length of the belt to another
employee, who then hung the bird on the kill line.
I immediately told the employee to stop andasked for a supervisor. While waiting for thesupervisor, I observed a second employee pick up
a live bird from a cart and throw the bird from thecart approximately 2-3 feet onto the live hangbelt. (b) (6), was notified of the observed
poultry mistreatment. (b) (6)addressed theissue with the employees and the remaining birds
were appropriately placed onto the belt in ahumane manner. I then proceeded to thereceiving area and, at approximately 1428 hours, I
observed what appeared to be a pile of live birds
on the belt leading away from the dumper. I
notified Chris Southern, Plant Manager, of theobservation and that there were no establishment
employees addressing the piled birds. I proceeded
to the other side of the dumper in order to better
visualize the situation. At that angle I was able tosee a pile of poultry carcasses, up to
approximately 6-8 birds high in areas, that
contained a combination of live birds and birds
that appeared to be dead. At that time there were
two establishment employees on the belt moving
birds from the pile, down the belt, and into live
hang. The two employees that were transferring
the birds were observed picking both live andapparently dead birds up by the wings and thentossing them in the air a few feet further down thelength of the belt. Plant Manager Chris Southern
was notified of the poultry mistreatment and theestablishment employees immediately began
appropriately handling the birds in a manner thatwould not cause unnecessary harm. I then went tolive hang again to observe the birds that were

CLOSED47

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
being brought into the establishment andobserved that approximately 6 birds on the belt
were dead. The birds were still warm to the touchand multiple birds’ heads appeared swollen anddark red to purple in color. While standing there,
the live hang belt began moving and theremainder of the piled birds entered the live hangarea. Over 50% of the birds that entered live hangwere observed to be dead. I immediately notifiedPlant Manager, Chris Southern, as well as(b) (6)of the establishment’s lack of processcontrol resulting in poultry carcasses that had
died by a means other than slaughter and failure
to comply with the regulatory requirements of 9
CRF 381.65(b). Regulatory control was taken and
U.S. Rejected Tag #B38471417 was applied to thedumper by (b) (6)at approximately
1436 hours and was relinquished at
approximately 1439 hours following removal of alldead birds from the live hang area. A total headcount of 318 dead birds was reported by (b) (6)At approximately 1631 hours, the QA
manager called to confirm that video surveillance
supported the aforementioned observations andthat corrective actions were being documented.

Status48

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P39

EstName

NR#

Date

Task

TaskName

Regs

Pine ManorInc.

ULL531
201192
2N-1

01/22/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn Monday, January 22, 2018, at approximately
1315 hours, I, (b) (6), observed the following
noncompliance of regulation 381.65(b). Whileperforming a Good Commercial Practices
verification, eight (8) cadaver birds were observedat the leukosis inspection area on evisceration line
#2 prior to the sorter, between 1315 and 1317
hours. The cadaver birds were removed from theevisceration line, and none of the birds had ableeding cut on the neck. The birds wereimmediately presented to (b) (6)and (b) (6)notified maintenance and the 1st shift Live Hang
Supervisor to assess the situation. The 1st shift
Live Hang Supervisor, maintenance and I
proceeded up the kill line, and found that somestunned birds were passing through the automaticknife on line #2 without the neck being cut. The
issues were found to be from line# 2 and therefore
the plant stopped the kill on Line #2 for the rest of
the day around 1330 hours. In addition, on theevening of January 22, 2018, the maintenancesupervisor replaced the bearings for the lower
roller and the rotation of the blade, and upper andlower roller were checked for proper rotation. On
the morning of Tuesday, January 23, 2018, I
inspected the auto-knife on Line # 2 and all thebirds were precisely passing through theauto-knives with all the necks being cut at thetime of my observation. Furthermore, theback-up cutters after the automatic knives wereretrained and closely monitored for the rest of theday. The PPIA (21 U.S.C. 453(g)(5)), and 9 CFR
381.90, provide that poultry carcasses showing
evidence of having died from causes other thanslaughter are considered adulterated and must be
condemned.

CLOSED49

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M244I

EstName

NR#

Date

Task

Tyson Fresh
Meats, Inc

GEH102101531
6N-1

01/16/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(b)(1)(i),313.15(a)(1)

At 1757 hours, on January 16th, 2018, the(b) (6)
following noncompliance was observed bywasobserving the stunning of hogs that were in pen 3;
a segregation pen for slow hogs adjacent to thedrive alley. The first and second shooter had a sortboard each and loaded captive bolt stunners. The
two shooters used sort boards to restrain amarket hog against a gate. The first shooter
placed his loaded captive bolt stunner at the hogs
head in an appropriate position. He thendischarged the captive bolt. The hog remained
standing and fought the restraint, which indicatedthat unconsciousness was not achieved. While thehog was still restrained, the second shooter
took his captive bolt stunner off of safety andstunned the hog effectively. Further examinationof captive bolt stunner #2 showed that thepenetrating rod was not able to be extended orwithdrawn into the body of the stunner. It wasstuck at the depth of approximately 2.5cm. It is
assumed that the penetrating rod had not fully
extended to reach the brain stem. The captive
bolt stunner was taken out of service andevaluated by maintenance personnel. (b) (6)was informed verbally of
the noncompliance. Plant manager Don Brophy
was then called to the barn and informed verballyof the noncompliance. This is written notificationof regulatory noncompliance.

CLOSED50

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M244I

EstName

NR#

Date

Task

Tyson Fresh
Meats, Inc

GEH2713021407N-1

02/07/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII-Stunning Effectiveness
On February 7, 2018 at approximately 1020 hours
while observing stunning effectiveness in thesuspect pen (b) (6) observed the following
noncompliance. After completing ante mortem
inspection (b) (6)startedto captive bolt stun the hogs in the suspect pen
with a management support team member as theback up shooter. A hog was restrained properly
and upon firing of the captive gun the gun had an
odd sound and the bolt penetrated the skull of thehog but the hog remained standing fully
conscious. While still being restrained the hog
lunged forward toward the corner necessitating
the restraint be corrected, which was done
immediately. The management support teammember immediately using the pre-loaded backup captive bolt gun effectively stunned the hog on
the second attempt. At that time captive bolt gun#2 was immediately taken out of service to beevaluated by maintenance. (b) (6) observed
the team members present assess the hog for aneffective stun and then immediately stop thestunning process as per the establishment's
systematic approach and notify (b) (6)of the incident. The CARE
monitor also notified(b) (6)and in turn (b) (6)The incident was immediately discussed
and all three members of management thenobserved the captive bolt stunning of
the remaining hogs in the suspect pens as well as
pen 3. The establishment also went into
category intensified of their CARE monitoring
program as part of their systematic approach. (b) (6)and (b) (6)were notified bothverbally and now in writing with this NR of theestablishment's failure to comply with theregulatory requirements of 9 CFR 313.15(a)(1). A
similar NR GEH1021015316N/1 was documented

CLOSED53

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
on January 17, 2018 for the same regulatory
noncompliance.

Status54

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
was not present yet.
(b) (6)(b) (6) arrived in the barn shortly after (b) (6)arrived. (b) (6) discussed the incident
with them initially as (b) (6) had not yet
arrived. Both (b) (6) and (b) (6) asked if
there was a person at the back gate of the scale
when the team member opened the front gate towhich (b) (6) explained that there was not.
(b) (6) explained the seriousness of theincident and the two down hogs, which increased
both the excitement of the group of hogs alongwith the discomfort the down hogs experienced
while at the bottom/back of the pile of hogs on
the scale. (b) (6) arrived shortly after this andupon his arrival (b) (6) explained the incident
again. Immediate corrective actions were toattempt to get the two hogs to rise sinceapproximately 25 minutes had elapsed. The hog
in the center of the scale was calm, bright, andalert and was able to get its hind feet under it anddid stand. This hog was ambulatory but at aclearly obvious weakened state (weak in rear) so
the hog was placed in the suspect pen. (b) (6)then tried to get the hog at the back of thescale up, which was still showing signs of distress.
The hog vocalized when prompted to rise andwould not rise. (b) (6) explained to (b) (6)that the hog was showing signs of injury
and/or distress from the incident even after 25
minutes. (b) (6) elected to euthanize the hog
in question. (b) (6), and (b) (6)were all notified verbally and now in writing withthis NR of the establishment's failure to comply
with the regulatory requirements of 9 CFR
313.2(a).

Status57

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M244I

EstName

NR#

Date

Task

Tyson Fresh
Meats, Inc

GEH520903360
9N-1

03/09/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(b)(1)(iii)

HATS Category: VIII Stunning Effectiveness On
March 9, 2018 at approximately 0915 hours whileobserving captive stunning of hogs in the suspectpen, (b) (6)observed the following
noncompliance. Two employees properly
restrained a hog with 2 sort boards. The primaryshooter placed the captive bolt gun to the skull of
the hog. The hog abruptly threw its head backwhich caused the gun to fire the bolt through thesnout. The hog immediately began to vocalize
and began fighting to be restrained; however theteam members never lost restraint. Both shootersimmediately noticed that the hog was noteffectively stunned. Once appropriate placement
was able to be maintained the secondary shooter
using the preloaded backup gun he was holding
delivered an effective second stun, which
rendered the hog unconscious. A shift (b) (6)was notified verbally andnow in writing with this NR of the establishment’s
failure to comply with the regulatory
requirements of 9 CFR 313.15(a)1 and 9 CFR
313.15(b)(1)(iii). At that time the barn was placed
into an intensified monitoring status, which
requires 100% monitoring of the captive bolt
stunning process. A similar noncompliance
GEH1014024716N/1 that was documented on
02/16/2018 has been associated with thisnoncompliance record.

CLOSED58

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M244I

EstNameTyson Fresh
Meats, Inc

NR#
GEH1001051709N-1

Date
05/08/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(a)(1)

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)On May 8th, 2018, at approximately1912hrs,, while observing thestunning of suspect hogs, observed the following
noncompliance. The 9th hog of the pen of 16,
tattoo# 0104, was restrained by the two shootersusing sort boards against the northwest corner ofthe subpen. Both shooters had loaded captive bolt
stunners. The hog raised its head up to look overthe sort board. Shooter #1 placed the captive bolt
stunner at the hog’s forehead and discharged it.
The hog dropped and lay in lateral recumbency. Itthen began to squeal and rolled toward thecorner. It appeared to be trying to right itself. The
second shooter immediately placed his stunnerand discharged it. The hog was unconscious atthat time. The captive bolt wounds were
evaluated. There was one hole appropriate forunconsciousness and a second hole higher on thehead, which may have communicated with thefrontal sinus and not the brain. (b) (6) calledfor (b) (6)and informed himof what occurred. He was verbally informed of thenoncompliance. (b) (6) called Plant Manager
Don Brophy, and (b) (6)to the barn, and they were also informed
verbally of the noncompliance. Shooter one’s
captive bolt, #3, was taken out of service to beevaluated. The shooters were instructed to use the
U board and sort boards, instead of just the sortboards. The barn went into intensified monitoring
status. Any further corrective actions will be
noted in the response to this NR. This is written
notice of the noncompliance.

(b) (6)

OPEN

59

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M244I

EstName

NR#

Date

Task

Tyson Fresh
Meats, Inc

GEH5819051510N-1

05/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(a)(1)

09:14 Tuesday, May 29, 2018

Description

StatusOn May 10th, 2018, at approximately 1913hrs,, observed thefollowing noncompliance. (b) (6) was watching
the stunning of slow hogs in pen# 3. The twoshooters had loaded captive bolt stunners, a U
board and one sort board used to restrain andstun the hogs. The two shooters moved the U
board across the ground to restrain a female
market hog, approximately 275#, against the wallof the pen. The first shooter placed the captive
bolt against the hogs forehead and discharge it.
The hog squealed and did not go down. While thehog was still in the U board, the second shooter
immediately placed his captive bolt stunner overthe circular impression and rendered the hog
unconscious. Prior to the second shot, the hog
raised its head over the U board enough to see theimpression of a circle on the forehead without any
blood coming from it. The first shooter’s captive
bolt, #3, was stuck with the bolt protruding fromthe muzzle approximately 0.5 cm. It is assumed
that the first shot did not penetrate the skin fully.
Captive bolt #3 was taken out of service to beevaluated by maintenance personnel. (b) (6)spoke to (b) (6). It wasnoted that the same captive bolt stunner was
involved in a noncompliance record two days
prior. (b) (6)arrived at
pen # 3 and was informed of the noncompliancealong with (b) (6)as called to the barn. (b) (6)informed him of the noncompliance, as well.
arrived at(b) (6)the barn and was given captive bolt#3. He statedthat it would be tested and taken apart. The
plant is continuing with intensive monitoring. Any
further corrective actions will be noted in the
response to this noncompliance record. This is
written notice of noncompliance.

OPEN(b) (6)60

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M788

EstName

NR#

Date

Task

Aurora Packing
Company, Inc.

GLK310801431
7N-1

01/17/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusI was performing ante-mortem inspection atabout 8:35AM in the livestock yards, when I
observed one head of cattle slipped and fell on thefloor. The location of this incident was in the alleyin front of the pen # 6. Ice was built up in this areaof about 7x5 feet. I didn't see any salt in this area.
Outside temperature was below freezing on thisday. I saw four more head of cattle slipped in thisarea and two of them fell on the ground. The
company put salt in this area before using thealley again. The three head of cattle which fell on
the floor, got up without any assistance andwalked away in the pen # 6. This incident was a
violation to the 9CFR 313.1(b) which states,"
Floors of livestock pens, ramps and driveways
shall be constructed and maintained so as toprovide good footing for livestock. Slip resistant or
waffled floor surfaces, cleated ramps and the useof sand, as appropriate, during winter months areexamples of acceptable construction or
maintenance".

CLOSED61

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17564

Indiana
Packers
Corporation

MLO08
110213
09N-1

02/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV Handling During Ante Mortem
Inspection On 02/08/2018 at approximately
0910 (b) (6)observed the following
non compliance while performing ante mortem
inspection. While observing the hogs in pen I(b) (6) observed that the hog panel lining theentrance gate had a section of approximately 3"
by 15" partially broken loose from the rest of thepanel. This section was pulled down from themain piece of panel and was protruding into the
pen approximately 12" and had multiple wire
points sticking out of it. (b) (6)was shown the non compliance and theentrance gate was rejected with tag B22935285.
The hogs were examined and passed ante mortem
inspection and were then moved out of the pen
and to the stunner. At approximately 1150 (b) (6)reinspected the gate following repair to thepanel. The gate was still found to be defective
due to a heavy duty fence staple. The staple wasanchored into the wooden gate on one end andthe other end of the staple was sticking straightout approximately 1 1/2 to 2". (b) (6)was again shown the noncompliance. At approximately 1210 the gate wasagain reinspected and the reject tag was removed.
was notified(b) (6)
verbally and now in writing with this NR of the
failure to comply with regulatory requirement
9CFR 313.1. Immediate corrective actions were to
remove the hogs from the pen and to have thepanel replaced. Upon the second rejection, thefence staple was removed. Preventative measures
will be outlined in the establishments written
response to this NR. This document serves as
written notification that your failure to comply
with regulatory requirements could result in
additional regulatory or administrative action.

CLOSED63

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M19185

EstNameSpectrum
Preferred
Meats, Inc

NR#

Date

Task

ASE110703022
3N-1

03/20/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII-Stunning Effectiveness At
approximately 0823, on 03/20/2018 at
establishment M19185 while passing through thebarn, a moribund gilt was observed in the suspect
pen area. A nearby establishment employee wasimmediately alerted that this animal isante-mortem condemned. An establishment
employee retrieved the captive bolt gun anddelivered one shot to the head of the gilt. The
animal was then observed to lift its head off theground and look around, it was still breathing andconscious. The establishment employee
immediately loaded another shell and attempteda second shot. The gun did not go off. He reset
and tried again. He changed shells, and shot the
animal, this time rendering the gilt unconscious.
Closer examination of the gilt’s head after the
successful blow found 2 separate holes in theforehead. This is noncompliant with 9 CFR
313.15(a)(1) in that the establishment failed toapply the captive bolt to the gilt so as to produce
immediate unconsciousness. (b) (6)and (b) (6)were notified of the noncompliance andthat a noncompliance record would be issued.

OPEN

64

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M19185

EstNameSpectrum
Preferred
Meats, Inc

NR#

Date

Task

ASE3212042202N-1

04/02/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII-Stunning Effectiveness At
approximately 0711, on 04/02/2018 at
establishment M19185 while conducting
ante-mortem inspection in the barn, a hog wasobserved in the kill pen that rose to its feet withdifficulty, immediately falling over onto its side, it
had moderate diffuse dermal erythema, and ears
that were dark red to purple in color. This hog wasimmediately USDA ante-mortem condemned. An
establishment employee retrieved the captive bolt
gun and delivered one shot to the head of thishog. The animal was then observed to lift its headand sit up into a dog sitting position. The
establishment employee immediately reloaded.
As the employee moved the captive bolt gun
toward the hog’s head for a second shot, the hog
was observed to consciously move its head away.
A second shot was delivered, rendering the hog
unconscious. Closer examination of this hog’s
head after the successful blow found 2 separate
holes in the forehead. This is noncompliant with 9
CFR 313.15(a)(1) in that the establishment failed
to apply the captive bolt to the hog so as toproduce immediate unconsciousness. (b) (6)was notified of thenoncompliance and that a noncompliance record
would be issued. A similar noncompliance was
documented in Noncompliance Record#ASE1107030223N dated 03/20/2018.

OPEN

65

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M19185

EstNameSpectrum
Preferred
Meats, Inc

NR#

Date

Task

ASE121204402
0N-1

04/19/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV-Ante-mortem Inspection At
approximately 1049 on 04/19/2018 at
establishment M19185 while conducting
ante-mortem inspection in the barn, a hog wasobserved to be down and moribund. This hog had
already been identified by the establishment to becondemned. The hog was conscious in right lateralrecumbency. The Barn Manager grabbed the rightear of the hog and was observed to lift the
animal’s head a few inches off the ground, using
the ear as a handle. Pulling on the ear in thismanner to lift the hog’s head, puts unnecessaryand excessive force on the ear of this animal.
USDA immediately got the attention of the barn
manager, instructing him to stop immediately.
Another establishment employee was instructedby USDA to euthanize the hog. This isnoncompliant with 9 CFR 313.2 in that theestablishment failed to handle this hog withminimum discomfort to the animal. (b) (6)and Plant Manager
Jeremy Castle were notified of the noncomplianceand that a noncompliance record would be issued.

OPEN

66

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M20263

Halal Farms
U.S.A. Inc.

MWN5
210011003N-1

01/03/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS CATAGORY III Water and Feed Availability
At approximately 1040 hrs. at your establishment
20263 in Shannon IL I observed the following
noncompliance while doing ante mortem on
livestock in the barns. Pen zero that is behind pen
one contained 10 goats. I entered the pen to
check for water availability. There was a 5 gallon
bucket frozen solid. The goats did not have water
available. I informed (b) (6)of my observation. He checked thebucket and moved the livestock to pen one which
was empty and had water available. I informed
Talib that an NR would be forthcoming. Yourestablishment has failed to comply with
Regulation 9 CFR 313.2(e) Animals shall haveaccess to water in all holding pens and, if held
longer than 24 hours, access to feed. There shallbe sufficient room in the holding pen for animals
held overnight to lie down.

CLOSED67

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ2217012905N-1

01/04/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII – Stunning Effectiveness On
01/05/2018 at 0026 hours (late in the shift
starting on 01/04/2018) while performing thehumane handling verification task in the barns, I
observed a humane handling noncompliance due
to an ineffective stun with a captive bolt gun. I
was observing (b) (6)and a barn employee perform captive bolt
stunning on a hog in the south “cripple” pen. The
hog was in lateral recumbency and was unwillingto change positions after the employees carefully
attempted to reposition the hog. The
establishment employees chose to shoot the hog
with it lying on its side. After the first captive bolt
shot, the hog remained laterally recumbent. I
observed a spontaneous blink with the eye fully
closing and re-opening. I also observed the hog
take a breath with chest movement and steam
coming from the mouth on exhalation. (b) (6)instantly noticed that the hog was still
conscious and instructed the captive bolt gun
operator to re-stun the hog. A loaded captive bolt
gun was ready and within reach and was used
instantly to re-stun the hog. The second attempt
rendered the hog insensible immediately. On thesecond attempt, the hog began kicking reflexively
which often happens after an effective captive
bolt stun. Its eyes were wide open with a blankstare and its tongue loosely hanging out of its
mouth, both signs of insensibility. I would
estimate the time between the first and second
stun to be 5-7 seconds. In this time, while theemployees were preparing for the second shot, I
observed the hog have 3 spontaneous blinks andtake 2 breaths. I informed (b) (6)that I would be issuing anoncompliance report for the ineffective stun. I
examined the dead hog and confirmed 2 separate
captive bolt holes approximately 1 inch apart on
the hog’s forehead, both on the midline. Prior toperforming additional stunning of cripples, the

CLOSED68

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusestablishment provided verbal preventive
measures. 9CFR 313.15(a)(1) requires that an
animal be rendered immediately unconscious
through the application of a captive bolt device
with a minimum of excitement and discomfort.
M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ170101301
1N-1

01/11/2018

04C02

Livestock
HumaneHandling

313.1

HATS Category IV – Handling during ante-mortem
inspection On 01/10/2018 at 1550 while
performing the humane handling verification task
in the barns, I observed a humane handlingnoncompliance due to a hog getting its mouthcaught on a hook on a chain on the gate for thepen. I observed a hog standing on 4 legs by thegate for pen 307 vocalizing. A barn employee wasstanding beside the hog keeping other hogs away.
He was calling for another barn employee to assist
him to unhook the chain from the pig’s mouth.
They freed the hog, which stopped the vocalizing
instantly. The employees kept the hog in thealleyway, not allowing it to enter the pen with theother hogs. I observed blood dripping from theright side of the hog’s mouth. Barn personnel
immediately brought two stun guns and a metal
cage to restrain the hog. Then the hog was
rendered insensible with one shot. This isnoncompliant with 9 CFR 313.1(a) which states
livestock pens and driveways shall be free ofprotruding objects which may cause injury or pain
to the animals. (b) (6)was informed that a noncompliance report would
be issued.

CLOSED69

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ320301541
4N-1

01/13/2018

04C02

TaskName
Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category VIII Stunning Effectiveness On
01/14/2018 at 0255 hours (late in the shift
starting on 01/13/2018) while performing thehumane handling verification task in the barns, I
observed a humane handling noncompliance due
to an ineffective stun with a captive bolt gun. I
was walking past the cripple pens. (b) (6)and a barn employee were
performing captive bolt stunning on a hog in thenorth cripple pen. From where I was standing, I
could not see the hog. I heard a captive bolt shotfollowed by a quick vocalization from the hog. I
peered over the wall and observed the hog "dogsitting" (sitting on its hind quarters andstanding
on its forequarters) and breathing with chest
movement. The employees instantly noticed thehog was still sensible. An additional, loaded
captive bolt gun was within reach and was used totake a second shot which rendered the hog
insensible immediately. I followed theunconscious hog all the way through the processuntil the stick pen, and it remained unconscious.
I informed (b) (6)that I
would be issuing a noncompliance report for the
ineffective stun. Prior to performing additional
stunning of cripples, the establishment provided
verbal preventive measures. This is being
associated with noncompliance
WLJ2217012905N/1 from 01/05/2018 when an
ineffective stun with a captive bolt gun was also
observed. The previous corrective action ofretraining was ineffective in preventing thisnoncompliance from occurring. 9CFR
313.15(a)(1) requires that an animal be rendered
immediately unconscious through the applicationof a captive bolt device with a minimum of
excitement and discomfort.

CLOSED70

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ320301541
4N-2

01/13/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category V - Handling of Suspect andDisabled On 01/14/2018 at 0300 hours (late in
the shift starting on 01/13/2018) while
performing the humane handling verification task
in the barns, I observed a humane handlingnoncompliance due to a barn employee
inappropriately moving a non-ambulatory hog. I
was observing barn employees handle hogs in thesorting pen just prior to the push gate alleyways. I
observed a fatigued hog stop walking and drop to
the ground. It ended up in sternal recumbency
with its legs underneath it. I observed an
employee try to get the hog up by patting the hog
on its back with his hands. The hog did not get
up. I then observed the employee push the hog
with his hands, dragging its butt along the
ground. The hog did not vocalize during thisprocess. They got it close to the wall and placed asemi-circular metal protector around it to protect
it from the next group of hogs that was entering
the pen. I informed Manager Troy Knutson I
would be issuing a noncompliance report for
inappropriately moving a fatigued hog. 9CFR
313.5 requires that conscious disabled animals be
moved on equipment suitable for such purposes.

CLOSED71

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ310102132
1N-1

02/20/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

HATS Category IV – Handling during ante-mortem
inspection On 2/20/2018 at 1823 hours while
performing ante-mortem inspection of market
hogs for slaughter, I observed the following
humane handling non-compliance for a hog
having the hook end of a chain caught in its
mouth. While inspecting hogs in pen 621, I
observed a center pen dividing gate moving freely
amongst the hogs with a hog vocalizing as it
walked with the moving free end of the gate. As abarn employee attempted to move hogs awayfrom the gate as to properly secure it to theperimeter wall, a hog was observed to be caught
by the hook on the end of the chain at the rightoral commissure. This chain and hook apparatus islocated at the free end of the gate and is used tosecure the gate to the perimeter wall and secure
the gate into position to divide the pen. The
employee prevented the gate from moving andrestrained the hog to remove the hook from its
mouth. Once the hook was removed from the
hog’s mouth, the hog immediately stopped
vocalizing and walked calmly with the other hogs.
Upon exam, no blood was seen dripping from themouth. The hog, along with the remainder of thehogs in the pen, was ante-mortem inspection
passed. The hook was temporarily removed fromthe end of the chain until a permanent repair was
performed. This is non-compliant with 9 CFR
313.1(a) which states, in part, livestock pens anddriveways "shall be free from sharp or protruding
objects which may, in the opinion of theinspector, cause injury or pain to the animals" and9 CFR 313.2(a) which states, in part, handling of
livestock shall be done with "a minimum of
excitement and discomfort to the animals." I
informed (b) (6)ofthe forthcoming non-compliance record. This
non-compliance record is being associated with
NR WLJ1701013011N/1 from 1/10/2018 for asimilar incident. The company failed to address

CLOSED72

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
this issue in which a hog became caught on agate’s hook and chain.

Status73

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ272204172
0N-1

04/20/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III – Water and Feed Availability
On 4/20/2018 at approximately 2130 hours while
performing humane handling verification activities
in the butina room fatigue pen, the following
non-compliance was observed. Upon entering
the butina room fatigue pen to perform
ante-mortem inspection on
fatigue/non-ambulatory hogs, two hogs were
present within the pen. With non-physicalencouragement, both hogs comfortably rose to asitting/standing position from a sternal position
Hogs are placed in this pen when they become
fatigued or non-ambulatory upon entering thealley/chute system leading up to the butina/CO2
stunners and are reserved for further PHV
ante-mortem disposition prior to slaughter. It wasthen noticed that the metal C-gate used for
restraining single hogs or protecting
non-ambulatory hogs from others being driven
around them was placed around the nipple
waterer system of the fatigue pen and up flush
against the North wall of the pen as so that there
was no access to the watering system. There wasno secondary watering system present in the pen,i.e. the plastic self-waterer utilized in the wintermonths. (b) (6)was notified of the non-compliance. Immediate
corrective actions were to remove the C-gate fromthe pen and to show all barn employees
responsible for this area why the gate cannot be
placed in such a manner. Both hogs wereante-mortem inspected and passed for slaughter.
This in non-compliant with 9 CFR 313.2(e), whichstates animals shall have access to water in all
holding pens. This concern was previously
discussed on 4/19/2018 for the monthly
evaluation of a robust systematic approach tohumane handling as documented in
Establishment Awareness Meeting MOI
WLJ5503041920E.

CLOSED74

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M17D+P76
13+V17D

Smithfield
Packaged
Meats Corp.

WLJ180404472
2N-1

04/21/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VII – Stunning Effectiveness At
approximately 0141 hours (end of 2nd shift
starting on 4/21/2018) while performing Humane
Handling Verification Activities – HATS Category
VII Stunning Effectiveness in the butina room
fatigue hog pen, the following non-compliance
was observed. A fatigued hog was restrainedwith the metal C-gate against the closed gate at
the South entrance to the pen. Establishment
employees placed the hog into a sitting position.
Two establishment employees were present tocaptive bolt stun the hog. Each employee had aloaded captive bolt gun. The captive bolt gun wasplaced perpendicular to the plane of the forehead
along direct midline approximately five inches
rostral from the poll. At the same time as theemployee dispatched the gun, the hog moved its
head left lateral and ventral. This caused thecaptive bolt to enter at the cranial aspect of theright ear base leaving the hog fully concious. The
hog remained sitting, shook its head, andvocalized. The hog blinked several times, visually
tracked the movement of the establishment
employees around it, and attempted to rise on
four limbs and back up to avoid the second
captive bolt gun. After the establishment
employees successfully restrained the hog, aneffective captive bolt stun was administeredrendering the hog immediately unconcious. The
hog dropped to the ground in a lateral recumbent
position and began reflexively kicking (b) (6)was informed of theforthcoming non-compliance. The hog was
retained on the kill floor with USDA Retain tag
B37081084. Upon examination of the head, thefirst captive bolt stun entered at the cranial aspectof the base of the right ear. The tract of stun
traveled lateral, rostral, and ventral extending
through only the soft tissue of the temporalmandibular joint. This stun did not penetrate thecalvarium of the skull. The retain tag was removed

CLOSED75

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusand the carcass was released into production. The
head and viscera were sent to inedible rendering.
As the incident occurred at the same time as thelast hogs for the days production were entering
the butina system, no regulatory control action tosuspend slaughter operations was taken. After
discussions of the incident with night shift(b) (6)
verbal corrective actions werereceived. This is non-compliant with 9 CFR
313.15(a)(1) "The captive bolt stunners shall beapplied to the livestock in accordance with thissection so as to produce immediate
unconsciousness" and as "animals shall bestunned in such a manner that they will berendered unconscious with a minimum of
excitement and discomfort."
M1620

Quality Pork
Processors

QMO20
23014119N-1

01/19/2018

04C02

Livestock
HumaneHandling

313.2, 313.5

HATS Category VIII: Stunning Effectiveness At
approximately 9:07 pm, as I was walking throughthe bleeding and sticking area, I observed a hog
lying on the floor at the end of the west shackle
conveyor. The shackle conveyor is approximately
two feet above the floor. The hog was laterally
recumbent and had no visible signs of injury. The
hog was conscious as noted by: its eyes weretracking and blinking, it was lifting its nose andhead, and was rhythmically breathing. I notified
an employee and the employee immediately
captive bolt stunned the hog, rendering it
unconscious. I stopped the CO2 stunning
operation with U.S. Reject Tags B38175114 andB38175115. I notified (b) (6)and (b) (6)After the establishment
proffered verbal corrective actions, I removed my
US Reject Tags and slaughter operations resumed.

CLOSED76

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M2439+P2
439+V2439

EstName

NR#

Date

Task

Ranchland
Packing Co.

WHN1109011903N-1

01/03/2018

04C02

TaskName
Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

StatusCategory III Water and Feed Availability On
January 3, 2018 at 0610 hours, (b) (6)observed the water tanks thatserve pen #2 frozen over with ice. Water was notavailable to 3 cattle in pen #2. The ice wasapproximately ¾ of an inch in thickness. This is inviolation of 9 CFR 313.2(e) which states, “Animals
shall have access to water in all holding pens. “ Aregulatory control action was taken by FSIS IPP
with the placing of U.S. Rejected tag number
B10717847 to pen #2. The designated (b) (6)was verbally notified of
the noncompliance at the time of the observation.
The immediate corrective action was to move all
livestock to different pens that had available
water, replace the water tank heater and breakthe ice exposing the water beneath. Plant
Manager, Justin Fisher, was notified in writing
with the issuance of this noncompliance record.
Please note that is noncompliance record isassociated with noncompliance number
WHN4109122806 dated December 06, 2017 for asimilar instance.

OPEN

77

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M2460+P2
460

Cimpl's, Inc.

PMB30
110332
24N-1

03/24/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 6:15 a.m., while performing
HATS Category IV Ante-Mortem Inspection andverifying HATS Category III Water Availability, I) observed that animals(b) (6)in Pen 15 appeared to be overcrowded. Upon
further observation, I noted that Pen 15 contained
32 mature Holstein cows that had been held
overnight. The cows were packed tightly together
while standing. No open space was observed in
the pen nor did I observe any cows lying downfrom my vantage point at the front of the pen.
Based on the stocking density of the pen and theapparent overcrowding, the animals were notfreely able to move around the pen to gain accessto water. Upon noting my concern to (b) (6)), the cows were
removed from Pen 15 and placed in Pen 17 whichallowed the cows to move freely and have accessto water. In addition, within approximately 5
minutes of the animals being placed in Pen 17, I
observed 9 of the cows laying down. At
approximately 6:30 a.m., (b) (6) and I
observed that animals in Pen 3 appeared to be
overcrowded. Upon further observation, we notedthat Pen 3 contained 25 cows (a mix of mature
beef cows and mature Holstein cows) that had
been held overnight. There were 4 cows observed
laying down in the pen. The cows in theremainder of the pen were packed tightly
together while standing. No open space wasobserved in the pen. Again, based on the stocking
density of the pen and the apparent
overcrowding, the animals were not freely able tomove around the pen to gain access to water. I
notified (b) (6). Upon moving the cows toa larger pen (Pen 16) with readily available accessto water, it was observed that one of the cowsthat was laying down in Pen 3 would not rise.
This animal was identified as non-ambulatory
disabled and was condemned on ante-mortem
inspection.

OPEN

78

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M2460+P2
460

Cimpl's, Inc.

PMB20
16043013N-1

04/13/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(2),
313.15(b)(1)(iii), 313.2

HATS Category VII, HATS Category VIII At
approximately 3:25 p.m., while performing(b) (6)
veterinary dispositions on the harvest floor, I) heard a cow vocalizing in thestunning area. After approximately 1 minute ofhearing almost continuous vocalizing, I proceeded
to stunning area and arrived approximately 1minute later. Upon further observation andverification of HATS Category VII, I noted that theright rear leg of a conscious adult beef cow
was entrapped in the head catch component of
the restrainer (no stunning attempts had beenmade). At that time, (b) (6) also arrived to thestunning area and noted that he was performing
ante-mortem inspection in the barn but thathe heard a cow vocalizing for an extended periodof time in the stunning area so came to observe
the situation. The right rear leg of the cow was
twisted and caught in the chin restraint which isapproximately 3 feet off the floor. The remainderof the cow was on the floor caught in between ametal bar and a concrete wall. The cow was
struggling to get it's front feet underneath it but
was unsuccessful. The cow continued vocalizing
and struggling to move until it was euthanizedapproximately 3 minutes later. Following
verification of HATS Category VIII, (b) (6) andI observed that that hair had been completely
rubbed off the hide on the leg where it was caught
in the restraint. I notified(b) (6)) of the non-complianceand applied U.S. Reject Tag B38173215 to therestraining device. (b) (6)noted that hearrived shortly before I did but that he was toldthat the cow had jumped through the headrestraint. After verbal preventative measures were
provided, I removed the U.S. reject tag from therestraining device and production resumed.

OPEN

79

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7138+P7
138

Valley Meat
SupplyLOD411402101
3N-1

02/13/2018

04C02

M7785+V7
785

Huettl's
Locker &Dressing Plant

FPI5613015515N-1

01/12/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.1, 313.2

On February 13, 2018 at approximately 0820
hours, while performing HATS Category
IV – Handling during Ante-mortem Inspection andobserving HATS Category II – Truck Unloading, I
observed one of the three cattle that were being
unloaded slip its right hind leg through a gap,
slightly wider than the leg, between the trailer
and the unloading ramp. The animal obtained a 2
inch cut to the front of the leg between the hockand the pastern that bled readily even as theheifer was fully ambulatory. The animal pulled
free quickly. Neither of the other two animals wasaffected. Since the other animals were unharmed
during unloading and no other animals were
present, no regulatory control was taken. Plant
Owner, Mr. Rod Haugtvedt, observed the incident
and I informed him of the forthcoming
noncompliance with 9 CFR 313.1(b) and 313.2(a).

CLOSED

Livestock
HumaneHandling

313.1

At approximately 0715 hours, an equipment
failure occurred outside of the building in the
livestock loading area. A trailer being unloadedwith 3 beef was unable to open the sliding door to
the trailer. The recent cold and snow had frozen
the door shut. The driver decided to open themain door to unload the beef. The establishment's
area makes this difficult to achieve. The door was
attached by chain to the angled chute, but not
tight enough. A beef escaped and ran down theroad. The animal was not harmed during theunloading. A chase ensued and the animal was"knocked" off property, rendering the animal not
eligible for USDA inspected slaughter. The driver
returned with the remaining 2 beef and was able
to open the sliding door with a screwdriver. No
other issues occurred with the remaining
animals. (b) (6) was informed a NR would be
documented.

CLOSED80

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M8916+P8
916

St. Joseph
Meat Market

LZC281404192
3N-1

04/23/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 0715 hours while performing ahumane handling verification task, HATS VIII
Stunning Effectiveness, I witnessed the following
non-compliance: In the paneled chute adjacent to
the knock box, a Holstein steer kicked his rightrear limb out unprovoked through two horizontal
metal bars. Consequently, the steer’s right rearfoot became trapped in between the bars of thepanel. There is also a latching mechanism locatedat this particular point. Working to minimize
stress to the animal, an establishment employee
opened the gate between the chute and the knockbox. The establishment employee then helped
free the steer’s foot and the steer walked into theknock box. While in the knock box the steer
shifted his weight back and forth to avoid puttingpressure on the right rear limb. I examined thelatching mechanism on the chute panel; on theinside of the mechanism I noted hair and blood ona sharp edge of the metal latch. The sharp metaledge is not usually exposed to livestock that standin the chute, but when the steer kicked out themetal edge was exposed. On post mortem
examination I appreciated an approximately 4
inch long, partial thickness laceration on the
medial (inside) portion of the right rear limb
consistent with where the limb was trapped. I
discussed my findings with (b) (6)notified him of theforthcoming non-compliance record. (b) (6)stated that the establishment will use agrinder and remove the metal edge before thenext slaughter day.

CLOSED81

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M8961+P8
961

New Munich
Meats Inc

VQB581003502
6N-1

03/26/2018

04C02

Livestock
HumaneHandling

M8961+P8
961

New Munich
Meats Inc

VQB3411040230N-1

04/30/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.1

While performing a Humane Slaughter, HATS
Category II Truck Unloading, task at approximately
0845, the following non-compliance wasobserved: the steel door leading into theante-mortem pen had two screws and a piece of
protruding metal hanging loose (area ofapproximately 2 ft. X 4 ft.) that could injure an
animal's foot or body as it passed by the door
entering into the ante-mortem pens. Garry
Kuhlmann, Plant Owner, was immediately
informed. A US Reject tag #B34332320 was
placed on the door until the door is fixed. The
requirements of 9CFR 313.1 (a) has not beenadequately maintained.

CLOSED

313.16(a)(1)

At approximately 0855 hours while I wasobserving the HATS category VIII – stunningeffectivness task, by plant management
performing this using a 22 caliber rifle, on thethird black Angus Beef for the day.I observed after
the initial shot to stun it, that it was still standing,conscious, aware of its surroundings, but not
vocalizing or thrashing about. Plant
management’s immediate corrective action wasto immediately shoot the animal a second time,
which was effective to render it unconscious andinsensible. Plant management (Garry
Kuhlmann – Plant Owner) was verbally informedof the non-compliance with regulation 313.16(a)(1), to which they had not rendered
unconsciousness and insensibility immediately
with their first shot. Plant Management gave averbal further planned action and stunning wasallowed to resume.

CLOSED82

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M8979+P8
979

New Geneva
Meats &
Processing Inc.

BAM38
13012609N-1

01/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III: Water and Feed Availability (9CFR 313.2). At approximately 1255 hours, I waswalking across the street to perform a
Fully-Cooked, Not Shelf Stable, verification task at
Dean's Smoke Shack when I observed an animal
trailer parked next to the old car wash (an edifice
owned by Geneva Meats to store equipment).
With the knowledge that the kill-floor was
expecting 20-30 more animals to slaughter, I took
a look inside the trailer. I observed approximately
25 goats at rest and noted that there was nowater available. I notified the kill-floor attendantsof my observations to which a plant teammember left to take immediate corrective
action. I then notified (b) (6)that I will be documenting myobservations in a non-compliance report.

CLOSED83

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M8979+P8
979

New Geneva
Meats &
Processing Inc.

BAM14
14034713N-1

03/13/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

On 03/13/18 at approximately 1050 hours while
performing Humane Handling Verification Tasks toverify HATS Category VIII (Stunning Effectiveness)
and IX (Consciousness on the Rail); I observed thefollowing noncompliance during the stunning of agoat. In the knocking pen, a plant employee
restrained a goat with his left forearm underneathits head and attempted to stun the animal with ahand-held captive bolt device on the goat’s
forehead. The first stun was ineffective as the goat
did not drop to the floor, the goat vocalized andjumped vertically approximately two times. The,(b) (6)
utilized the back-up hand-held captive bolt device
immediately and effectively rendered the goat
unconscious with a stun to the poll area. Upon
examination of the skinned head there were two
distinct wounds. Slaughter operations wereverbally discontinued. I discussed the stunningincident with (b) (6)and hecalled Plant Manager Mr. Paul Smith by phone to
notify him of the incident and my intent to issue
this noncompliance report. Slaughter operations
were allowed to continue after corrective actions
and preventative measures were discussed andimplemented. The establishment is noncompliant
with the regulatory requirements set out in 9 CFR
313.15(a)(1).

CLOSED84

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M244P+V2
44P

Tyson Fresh
Meats, Inc

FJJ4715045319N-1

04/17/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 2:45Pm, Monday, April 16,
2018, while performing Ante-Mortem duties inthe barn (HATS Category IV - Handling During
Ante-mortem Inspection), I witnessed a distressed
hog with its head wedged between a gate and awall. This is a violation of 9 CFR 313.1(a). The
gate and the wall created a V-formation in which
the hog had entered the V at its wide end,
wedging its body in the V. The hog had entered
up to its neck but could not move further forward
and was unable to back itself out. The hog hadcollapsed onto its hocks on its front end, andupright on the back end, was panting, and its face
was reddened and injected. I immediately
pointed the situation out to the establishment
employee. The gate could not be pulled wider as
the hog had gone down which extended the space
to the full extent of the chain which held it. Also,
for this reason, the chain was unable to be pulled
off the gate to release it, due to the pressure
placed on the chain from the wedged hog, making
it impossible to move the chain up the post to
release it. The employee then reached in between
the gate and began tapping the hog on theforehead. After several attempts, the hog leaned
itself backward, away from the tapping hand,enough to relieve pressure on the gate and thegate was released by sliding the chain. The hog
then stood up, walked away, and did not appear
to have any injuries from being trapped by thegate. Upon my return to the office, I informedof the(b) (6)
incident and of the pending NR.

OPEN

86

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbrM3S+V3S

EstNameSwift Pork
CompanyNR#
PUN4106034127N-1

Date
03/26/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

Today 3/26/18 at approximately 1046 hours I,
was performing a directed
humane handling task, truck unloading HATS
category II. I positioned myself at the end of thenorth most unloading pen where I had a clear,straight on view inside the trailer and theunloading ramp. While performing my review andobservation I observed a non-ambulatory hog, in adog sitting position, at the top of the trailer on theramp with his back left leg splayed out. The
trucker was in the truck at the top of the ramp
and the hog was facing down the ramp (towards
unloading). The trucker stepped in front of thehog and used his sort board to turn the hog
around so that the hog was now facing into thetrailer. After he turned the hog to face into thetrailer, the trucker then stepped around and got infront of the hog again (the trucker was now in thetruck facing down the ramp and the hog was still
dog sitting facing into the trailer near the top).
The trucker then angled the sort board andplaced the base of the board underneath the hog’s
chest area and neck. The trucker then pushed theboard in an upwards motion causing the
non-ambulatory hog to flip end over end
approximately 2 ½ times backwards down theramp and land at the base of the ramp stretchedout on his belly. I took an immediate regulatory
control by halting any further unloading from thetrailer and informed (b) (6)of my observations. The (b) (4) truck
unloading humane handling monitor was
eventually able to coax the hog to rise and to walkfrom the base of the ramp. The hog showedneurological symptoms, was very weak, and had
little control of his hind end. I did not observe any
additional injuries to the hog. (b) (6)elected to euthanize the hog
which was performed under my direct observation
and rendered unconscious. The remaining hogs on
the truck were unloaded by trained(b) (4)

CLOSED87

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusemployees without incident. I informed (b) (6)that an NR
would be issued. This represents non-compliancewith 9 CFR 313.2(a) and 9 CFR 313.2 (b) for failure
to minimize excitement and discomfort whiledriving an animal from the unloading ramp to theholding pen.
M244W

Tyson Fresh
Meats, Inc.

BTD450901391
7N-1

01/16/2018

04C02

Livestock
HumaneHandling

313.1

At approximately 1010 hours on Tuesday
01/16/18, I (b) (6)) was verifying
HATS category III, Water Availability in Pen 14,
found all four waterers failed to produce water toPens 13 & 14. I determined this by pressing on
multiple nipples on each side of all waterer units
that supply water to both pens. This fails to meetthe requirements of 9CFR 313.2(e), stating
animals shall have access to water in holding
pens. No other pens were affected. At this time,Pen 13 was being driven to kill and Pen 14 hadjust been emptied. I immediately notifiedof the issue and he(b) (6)
immediately checked the water line supply tothese pens and found it had been shut off. He
then turned the valve to turn on the water supply
to the pens and verified that each waterer was
effectively supplying water by testing multiple
nipples of each waterer unit. Records indicate
the first tattooed hogs were filled into Pen 14 at
04:7 hours and Pen 13 was filled immediately
afterward. When I began ante-mortem inspection
at 0608 hours, both pens were full and Pen 12
was being filled. (b) (6)wasnotified that a NR would be issued.

CLOSED88

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M244W

EstNameTyson Fresh
Meats, Inc.

NR#
BTD341402201
6N-1

Date
02/16/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

At approximately 1025 hours on 2-16-18, I,
observed a noncompliancewhile performing HATS task category II, truck
unloading. In local chute 1, the truck driver was
unloading the top level of the trailer with a rattle
paddle. Outside, a neighboring truck driver would
switch back and forth from sticking the handle ofhis rattle paddle into the truck which was
unloading, or banging his rattle on the outside of
the trailer, creating excessive noise. A group of
approximately 12 pigs were squeezing together as
they attempted to go down the ramp. One hog
was pressed against the right wall at the top of
the ramp and the force of the other hogs
squeezing through the group to get down theramp, spun her around. As the group thinned out,
the hog on the right fell down and one of the lasthogs of that group ran over the down hog. The
down hog stood up immediately, appearing
uninjured, turned around and walked down theramp by herself. I notified the dock monitor next
to me of the situation immediately after it
occurred. The dock monitor walked up to thetrailer and made multiple attempts to talk to thetruck driver. The truck driver continued to unload
hogs, driving another large group of hogs toward
the ramp. At this time, I notified (b) (6)of the observed noncompliance with
9CFR 313.2(a). (b) (6),was notified that the establishment’s failure toprotect a down hog from being run over would be
documented on a noncompliance record.

CLOSED89

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M244W

Tyson Fresh
Meats, Inc.

BTD520904371
6N-1

04/16/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

On April 14, 2018 at 12:17 in the barn at Est
244W I, (b) (6), observed thefollowing noncompliance: As I was in the barnfinishing ante mortem inspection (HATS CategoryIV) and monitoring for slips and falls (HATS
Category VII), I came upon (b) (6)and two team members
searching the trench drain at the west end of pens
21/22 for a resale hog. As a group of hogs was
being driven to the trailer this hog had fallen into
the drain through an area that is typically coveredby an approximately 12 X 18in rectangle of plastic
decking; the drain depth at this location isapproximately 2 ½ feet. The hog was quickly
located in the drain approximately half way up
Pen 22. A team member pulled off the metal
grate that overlies this section of drain and stoodin the drain to block the pig from going any
farther. Team members were prepared tohumanely euthanize the hog, but after the grate
was removed, it scrambled out of the drain withminimal assistance; it appeared excited but not
injured. The rest of the resale hogs had alreadybeen moved to another gated alleyway or loaded
onto a trailer. The piece of decking was picked up
out of the drain and set back in place. It snugly
covered the opening, but underneath one corner
the drain margin was uneven, allowing the cover
to pop out of place when force was applied to theunsupported corner. Originally this section ofdrain was covered with two pieces of decking, thesmall loose one and a larger piece that was
secured down. The immediate corrective action
was to replace the two pieces with one piece,
which would be secured down. Initially the newly
cut piece did not sit flush with the ground andthere was a divot in the cement along one sidethat needed to be filled, so I rejected the affected
half of Pen 21 with tags NO.B41933419 andNO.B41932070. The pen was released at
approximately 6:10 on April 16, after the repair

OPEN

90

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statuswas finished. This fails to meet the requirementsof 313.1 (a) and 313.2 (a). Livestock pens anddriveways are to be maintained in good repair,and driving of the animals shall be done with aminimum of excitement and discomfort. I
informed (b) (6)and (b) (6)that this event would be
documented on an NR.
M244W

Tyson Fresh
Meats, Inc.

BTD2719052804N-1

05/04/2018

04C02

Livestock
HumaneHandling

313.2

III Water and Feed Availability, IV Handling During
Ante-mortem Inspection On May 3, 2018 at
1836 hours, I, (b) (6), observed thefollowing noncompliance with HATS Category III
Water Availability. As I was finishing the first halfof ante-mortem inspection (HATS Category IV) andleaving the south end of the west drive alley, I
noticed three hogs resting outside of pens 21 and22 without access to water. The three hogs
appeared to be meant for resale and were locatedin a square pen made by the gates of pens 21 and22, a roll-up garage door to the unloading docks,
and the west wall of the barn. This fails to meetthe requirements of 9 CFR 313.2(e) - water is to beaccessible to livestock at all times. I informedand (b) (6)(b) (6)that this event would be
documented on a noncompliance. The three hogs
were euthanized immediately afterwards.

OPEN

91

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M245L+P2
45L

Tyson Fresh
Meats, Inc

LEI0216022716N-1

02/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV- Handling During Ante Mortem
Inspection Today at approximately 1200 hours
when performing ante-mortem inspection (HATS
category IV) on pens 13/14 (double pen) the
following was noted. This pen had recently had a
new style water tank installed. Around all tanks
at this establishment, the company uses a piece of
metal approximately 4 inches wide by 1 inch thickwrapped around the entire tank in an effort toprotect the pipes which supply them and to keep
the tank from being moved by the cattle. This
rectangular piece of metal is welded to the fence
at each end of the tank. Typically this metal“skirting” is either tight against the tank or may
have a ½ inch or so gap. When this new tank was
installed the contractor left a gap between thismetal and the tank of approximately 4 inches on
one end. A steer had put a front foot through thegap and was trapped, unable to get his leg backout. The steer had fallen on his side with his leg
now bent above and to the side. The steer was
bellowing loudly. I had one of the employees
helping with ante-mortem run to the office andget someone to tranquilize and stun the
animal. The steer was subsequently injected withxylazine intramuscularly and humanely stunned
after the xylazine took effect. (b) (6)showedup approximately ten minutes after the animal
was initially discovered and I informed him I
would be issuing a humane handlingnoncompliance for the event. Pens 13 and 14
were tagged with U.S. Rejected Tag #B40093610
until such time the gap can be corrected. This is a
failure to comply with 9 CFR 313.1(a).

CLOSED92

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M245L+P2
45L

Tyson Fresh
Meats, Inc

LEI3915023026N-1

02/26/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII - Stunning Effectiveness At
1218 hours today I was performing HATS
Category VIII- stunning effectiveness from theoverhead. The fourth heifer I observed wasstunned ineffectively on the first stun. The heifer
raised her head and was aware of her
surroundings after the initial stun and was
effectively stunned approximately 1.5 seconds
later. The heifer did not bellow or exhibit anyother sign other than raising its head after the
initial mis-stun. The stunner did not stop stunningas per the establishments written CARE program,which is the establishments robust humane
handling program. (b) (6)andSlaughter Superintendent were advised of thenoncompliance. (b) (6) had the head skinnedout and it was noted that the first stunning
attempt hit the heifer above the right eye at anangle towards the ear, missing the brain entirely.

CLOSED93

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M889A+V8
89

J.F. O'Neill
Packing Co.
Inc.

DSC281204120
6N-1

04/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

HAT Category III - Water and Feed Availability On
April 6, 2018 at approximately 06:25, I ((b) (6)observed cattle penned in pens 5
and 6 while performing antemortem inspection.
Approximately 22 horned animals weighing
approximately 1400-1800 pounds were penned inpen 6, which is approximately 15'x24' (360 squarefeet). The animals were not able to movethroughout the pen,. Thus, animals in the back of
the pen did not have access to the water troughlocated at the front of the pen. Immediate
corrective actions included having yard personnel
release the bovines in pen 6 into the combined
pen space of pens 5 and 6. Yard personnel had adifficult time unlatching the gate due to thepressure placed on it from the crowded
animals. When the animals were released, they
did not immediately seek out the water trough.
The ambient temperature was approximately 30
degrees F.
I informed (b) (6)and (b) (6)(b) (6)of the noncompliance and(b) (6)the issuance of this noncompliance report.
gave the preventative measure ofcounseling the cattle receiver.

CLOSED94

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M969G

EstNameSwift Beef
Company

NR#

Date

Task

NDH00
15024816N-1

02/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III - Water and Feed Availability;
Category IV - Ante-mortem Inspection At
approximately 0530 on February 16th, 2018,
while performing ante mortem inspection, I
observed the following non-compliance: I could
not visualize any water in the water tank that isshared between pen 23 and 24. At this time,
there were 40 head of cattle in pen 24 and 76
head in pen 23. I asked the pens employees tomove these cattle to different pens with access towater. Upon examining the water tank, therewas ¼ to ½ inch of ice in the bottom of the tank.
There was a small stream of water flowing into
the tank from a water pipe, but the water flowing
into the tank immediately flowed out through a 2
inch crack in the bottom of the tank. I placed
retain tags B38595305 and B38595306 on pens
23 and 24. A shift (b) (6)and (b) (6)were shown the empty water tank,notified that a non-compliance report would be
issued, and informed regulatory control of thepens will not be released until corrective andpreventative measures are in place.

CLOSED95

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M969G

EstNameSwift Beef
Company

NR#

Date

Task

NDH21
23053701N-1

05/01/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

Status

While doing humane handling and ante-mortem
task for PHIS I noticed the following
non-compliance: Cattle were being placed into
pen 45. As the cattle started to fill the pen, I
noticed on the south side of the pen that thefence was moving and not secured. After further
observation, the fence between pens #45 and SF 3
was broken and the use of corral panels were
installed to correct the problem. The corral panels
were attached by the use of rope being wrappedaround them at several locations and then tied
off. Because of this the fence moved 2 feet ineither direction and was of unsound construction.

CLOSED(b) (6)
were notified that I had tagged pen#45 with U.S. Rejected tag #B37077611 and SF-3
pen was U.S. Rejected tag #B37077612. Pens
supervisor also tagged up and locked out thesame pens. Regulatory control action along withplant control action were taken at approximately
2300 hours to prevent a possible humane
handling issue.

96

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M5511

EstName
GibbonPacking, LLCNR#
JYA311503441
9N-1

Date
03/17/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(b)(1)(iii)

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

Today, 03/17/2018 at approximately 1215
notified me that she was seeing small
lacerations on the heel bulb of cattle whileobserving knocking at the restrainer but could nottell if they were antemortem or postmortem
findings. At approximately 1250 hours I went towatch knocking and to observe to see if I could
identify the lacerations that (b) (6) was talking
about. Within about 10 minutes I noted 3 headthat had very fresh 1 to 2 inch long lacerations on
their heel bulbs. During my observations I did notwitness any animal vocalizing or showing signs ofpain or distress. I subsequently began looking for
sharp objects in the restrainer. I located apotential area at the back of the restrainer where
the cattle enter. I notified the (b) (6)of my findings and I
recommended that he should stop knocking toinvestigate the situation. Upon inspecting the area
in question, establishment personnel confirmedthat there was a sharp piece of metal present andhad located a piece of hide approximately half
dollar in size. The establishment requested togrind the sharp edges down and stated that theywould replace the sheet metal over the weekend. I
agreed to this proposal provided that thelacerations did not continue and stated that I
would have to document the incident on anoncompliance record. The metal was grounddown so it was no longer sharp and a piece ofangle iron was inserted underneath it to further
prevent cattle from coming in contact with theedge of the metal. At approximately 1330 hours
the establishment resumed operations and I
monitored the cattle for approximately 10
minutes and found no additional lacerations. Thisnoncompliance is in direct violation of regulations
9 CFR 313.15(b)(1)(iii).

CLOSED97

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M19336

Nebraska Beef
Ltd.

RVF071005081
6N-1

05/16/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

Humane Handling HATS Category VIII Stunning
Effectiveness
On May 16, 2018, at approximately
0722, while observing handling during antemortem inspection, (b) (6)) and I (b) (6)observed the following
noncompliance. The yards personnel weremoving cattle for viewing from pen 9 to pen 28.
When pen 9 was emptied of cattle for slaughter a
new born calf was left in the pen. The yards
personnel brought a hand held captive bolt deviceout to render the calf unconscious. The yards
personnel administered the first knock at
approximately 0725. The first knock wasineffective and the calf remained conscious, still
standing, vocalized once, and took two-threesteps then laid down. A noticeable penetrating
hole approximately three to four inches below thecrown was observed on the head. Blood wasobserved coming from both nostrils after the firststun. The yards personnel that delivered the firstknock promptly went and retrieved anothercartridge for the hand held captive bolt from theyards office. The second knock was administeredwhich rendered the calf unconscious. It tookapproximately 30 seconds from the first stun to
the second stun. I visually showed (b) (6)the noncomplianceand verbally informed him of the issuance of thisnoncompliance report. (b) (6)verbally profferedpreventative measures.

CLOSED98

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M278+V27
8

Tyson Fresh
Meats, Inc.

JKJ1223015319N-1

01/19/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn January 19, 2018, at approximately 6:20pm I,, observed a team member
at Tyson Fresh Meats, Inc. Establishment M278,
Holcomb, KS point and spray a fire hose andadjustable nozzle into a group of cattle whilecleaning the alley that was holding the said cattle.
The establishment was unsuccessful in meeting
the requirements of 9 CFR 313.2(a), 313.2(b), and313.2(c) of the Meat and Poultry Inspection
Regulations and of HATS Category VI: Electric
Prod/Alternative Object Use. I received a call fromthe yards that there were cattle needingante-mortem inspection and proceeded outside.
While I was walking along the outside of thedrover alley, I noticed two team members werecleaning with hoses. One was cleaning in an
empty pen around pen 21 and the other wascleaning the kill alley on the adjacent catwalk sideof the kill alley in the vicinity of pen 23 or 24.
There were cattle positioned in the kill alley while
the offending team member was cleaning it. The
cattle were split into two groups withapproximately half located to the north of theteam member near the entrance to the snake
alley and the remainder to the south of the teammember. As the team member was spraying thekill alley surface with a firehose and nozzle set to aconcentrated stream, one and then anotheranimal from the southern group of cattle moved
past him single-file along the opposite fence linefrom where he was standing and towards thecattle standing to the north of the team member.
It was at this point that I observed him redirect
the nozzle and stream, from a downward
trajectory, up and into the nearest group of three
to four cattle directly to his left and south of him
that were trying to follow the cattle that had justpassed. I saw the stream of water from the hose
hit the animal closest to the catwalk side of thealley and the strength of the stream was such that
I could see the splatter of water appearing above

CLOSED(b) (6)99

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusthe shoulder line of the cattle. The group of three
to four cattle closest to the team member madestartled movements backwards when the teammember redirected the stream of water towards
them. When I observed the noncompliance, I
took immediate action and called in the teammember’s direction to get his attention and told
him to quit spraying the hose into the cattle. The
noncompliance did not fit the definition ofegregiousness. I informed (b) (6)and (b) (6)of the noncomplianceand that I would execute an NR of the incident.
M2316+P2
316+V2316

Whisnant
Meat Packing
LLC

FSF411203120
7N-1

03/05/2018

04C02

Livestock
HumaneHandling

313.2

On 3-5-18 at 0730 hours, while performing ahumane handling task, no feed was present in the
open plastic feeding tubs, or on the ground, ofthe pen containing 41 market hogs (on thepremises since 2-24-18). At 1250 hours the Daily
Swine Feeding Log was checked. The lastrecorded feeding time was on 3-4-18 at 10:30 (noAM or PM was marked but the previous threedays of feeding had been in the AM). When
notified, plant manager Brett Powell immediately
called for an employee to feed the hogs. At 1330
hours, the feed status of the hogs was checkedagain and there was still no feed present. Mr.
Powell was asked why the hogs had not been fed
and he replied that there was no feed available on
the premises and the employee went to get some.
On 3-6-18 the Daily Swine Feeding Log had 1:58
pm (1358) recorded as the time of feeding the 41
hogs on 3-5-18. Plant manager Brett Powell
was notified of the noncompliance with theregulatory requirements of 9 CFR 313.2 (e).

OPEN

100

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M2936+P2
936+V2936

Winter Meat,
Incorporated

XOB321404501
2N-1

04/11/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III Water and Feed Availability At
approximately 0705, while performing thehumane handling task, I, (b) (6)foundthat there was no water available to the animals
in holding pen #3. I informed (b) (6)ofthis issue and he immediately moved to theanimals to pen #2 where the water troughs werefilled with water. This establishment has a robust
systematic humane handling program, and has agood history of having water available in theholding pens. A review of the previous 90 daysrecords showed no documentation of a likenoncompliance. Plant management was notified,both verbally and in writing, of the establishments
failure to meet the requirements of the Meat andPoultry Regulations in 9 CFR 313.2.

CLOSED101

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M5766+P5
766+V5766

Alewel'sCountry MeatsNTG251002161
4N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.30(a)(1),
313.30(a)(3)

At approximately 0830 hours while performing a
Livestock Humane Handling verification task andaccompanied by (b) (6),Iobserved the following noncompliance. On thethird hog slaughtered while performing Humane
Handling audit, the appointed establishment plant
employee failed to stun a hog on the first attemptwhile using a (b) (4) electrical hog stunner. Afterthe plant employee applied the stunner to thehead of the animal, the animal jumped andvocalized and the establishment employee
jumped back and the animal was not rendered
unconscious. The plant employee did apply an
immediate and effective stun on the second
attempt. Because this was considered anon-egregious incident with immediate andeffective corrective action, there was no
regulatory control action taken. I immediately
notified(b) (6)who was on thekill floor of this stun failure and then went to theoffice and notified Plant owner, Randy Alewel ofwhat had been observed. Mr. Alewel proceeded
to the kill floor and instructed and observed theimmediate retraining of the plant employee. The
next animal that was stunned by (b) (6)resulted in immediate unconsciousness
with the first stun. The next animal stunned by
the appointed plant employee was also
successful and resulted in immediate
unconsciousness with the first stun. I notified Mr.
Alewel that a NR would be written to document
the failure to meet the regulatory requirements of
9 CFR 313.30(a)(1) and 9 CFR 313.30(a)(3). A
review of recent NR’s did not reveal any similarcause NR’s that will be linked to this NR.

CLOSED102

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M8703

EstNameWarner Locker
Inc.

NR#
NEG380903172
6N-1

Date
03/26/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.16(a)(1)

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)On 03/26/2018 at 0730 hrs at est. M8703, I(b) (6)
with the company ofand (b) (6)conducted an Annual
Humane Handling Assessment. The plant had two
beef for inspection. At 0730 hrs I watched as
Plant Manager Tim Whisler attempted to shoot aheifer. The first shot was ineffective in delivering
immediate unconsciousness to the animal. A
second shot was successful in rendering theanimal with immediate unconsciousness. A
security shot immediately followed the second
shot, however the animal was successfully
rendered unconsciousness after the second shot. I
discussed with Plant Manager Tim Whisler that an
NR would be written due to noncompliance with
9 CFR 313.16(a)(1): The firearms shall be
employed in the delivery of a bullet or projectile
into the animal in accordance with this section soas to produce immediate unconsciousness in the
animal by a single shot before it is shackled,
hoisted, thrown, cast, or cut. The animal shall be
shot in such a manner that they will be rendered
unconscious with a minimum of excitement anddiscomfort.

CLOSED103

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M13575+P
13575+V13
575

EstName

NR#

Date

Task

Ridgeway
Freezer Inc

DPF5114014504N-1

01/04/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn January 4, 2018 I was going out to the pens to
preform ante mortem on the last 2 beef animals.
As I walked out the door I noticed one of thecattle with its head between the bars of the pen
and it had fallen down. I checked to see if theanimal was breathing but it was dead in the pen. I
then informed the owner, Dave Polley that they
had a dead beef out in pen 3. I then put U.S.
Retained Tag #B39956602 on the knock box until
the plant corrected the issue so the situation did
not happen again with the remaining animal or in
the future. I then put Red Ear Tag #Z-1058497 in
the beef’s ear until the carcass was removed,slashed, and properly denatured. The
establishment was noncompliant with 9 CFR
313.1(a) which states, “Livestock pens, driveways
and ramps shall be maintained in good repair.
They shall be free from sharp or protruding
objects which may, in the opinion of theinspector, cause injury or pain to the animals.
Loose boards, splintered or broken planking, andunnecessary openings where the head, feet, orlegs of an animal may be injured shall be
repaired.”

CLOSED104

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbrP550

EstNameSimmons
PreparedFoods, Inc.

NR#

Date

Task

TaskName

Regs

XWN58
12021807N-1

02/07/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusWednesday, February 7, 2018 at approximately
1225 hours while performing a Good Commercial
Practices Check in the kill area, I observed theback up killer on kill line 2 miss a bird that had
not had its neck cut by the kill machine. I
continued to observe the back up killer andapproximately 30 to 45 seconds later
observed him miss a second bird that had not had
its neck cut by the kill machine. I then stopped thekill line. (b) (6)and (b) (6)came to the area and I informed themof the noncompliance. The second bird that had
been missed was located and killed. A secondback up killer was added to the line. The line wasrestarted after the corrective actions were taken. I
then went to the evisceration area to ascertain if
there had been more birds missed by the back up
killer. I checked the condemn sheets and red
shackles of the food inspectors on eviscerationlines and , which are the evisceration lines fedby that kill line. I did not see any cadavers marked
on the condemn sheets or hung for veterinary
disposition on the red shackles. I then went to therehang table. I observed three carcasses which
had been placed in the corner of the rehang table
which appeared to be cadavers. Before I could
reach the rehang table, (b) (6)picked up the three carcasses from the corner ofthe rehang table. I caught up with (b) (6)(b) (6) and requested to examine the carcasses. I
determined that all three of them were cadavers(birds which entered the scalders alive, resulting inbright red skin and failure to bleed out). The
above described events reflect a lack of processcontrol in the killing area. The establishment
failed to meet the requirements of 9 CFR
381.65(b) which requires poultry to beslaughtered with good commercial practices thatwill result in thorough bleeding of the carcasses
and ensure that breathing has stopped prior toscalding.

CLOSED

(b) (

(b) (

105

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P5787

EstName

NR#

Date

Task

TaskName

Regs

Pilgrim's Pride
Corporation

DEB121401261
2N-1

01/12/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

Status#08 On January 12, 2018 shortly after the
beginning of dayshift at 0600, a large increase in
the number of Dead on Arrival (DOA) birds wasnoted. Massive amounts of DOAs continued
throughout the day until the end of the shift. The
day was cold and there was a brisk wind. At 0615
the temperature was 31 degrees F with a NW 18
MPH wind and a wind chill factor of 19 degrees F.
It was also noted that some of the birds and thebottoms of the coups were wet. There was areported total of 34,050 DOAs out of the (b) (4)birds brought into the plant; this represents a (b) (4)incidence of DOAs. These birds died by meansother than slaughter before entering the live hangarea. This is a noncompliance of 9 CFR 381.65(b).
USDA expects birds to be properly protected fromthe elements such as severe cold and windy
conditions so that they do not die in route to theestablishment and/or while sitting on the parked
trucks at the establishment. The occurrence oflarge numbers of DOAs is a noncompliance issue
regarding good commercial practices. USDA didnote that at the beginning of the shift theestablishment showed due diligence in sorting
through and separating the live birds from the
DOAs once they had entered the live hang area.
However, during a check at approximately 4:10
PM, I observed the plant emptying a coup of birds
directly into an offal truck. I asked what they
were doing and they assured me that the birds
had been sorted through for any live birds andonly DOA birds would be placed directly into theoffal truck. There was a coup loaded up on aforklift that was next to be emptied into the offal
truck. I stopped this coup and pointed out two
live birds that were still inside the “sorted” coup.
If these birds had been dumped into the offal
truck they would have smothered thereby dying
by means other than slaughter. The
establishment resumed properly sorting throughthe remaining coups and ceased dumping them

CLOSED106

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
directly into the offal truck.

P325

Tyson Foods,
Inc.

YDM06
150402
10N-1

04/09/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)Status(b) (6)On April 09, 2018 at approximately 1500 hours
observed the following loss ofprocess control in the live hang area while
conducting a GCP task. Upon entrance to thehanging pen there were at least ten live birds
running around on the floor with one caught
underneath a footstool that a plant employee
was standing on to hang birds. The live hang table
was completely packed with birds extending atleast two layers deep. The DOA bin was threequarters of the way full, and several live birds
could be seen breathing underneath the pile of
DOAs, feathers and dirt. The area was determined
to be out of process control and regulatory
control action was taken in accordance with 9CFR
381.65(a). (b) (6)was onthe line hanging birds and was
immediately notified to stop the hanging of live
birds. While showing (b) (6) the birds in the
DOA bin, a plant employee picked up a live bird(b) (6)and threw it onto the belt. (b) (6) and
immediately instructed the employee tostop what he was doing. Plant manager Mr. Boydwas called to the area and notified of the situation
The establishment was notified that the USDA
expects the establishment to employ handling
methods consistent with Good Commercial
Practices and that throwing birds is not
acceptable. Plant Management is asked toconsider these USDA concerns and prevent future
occurrences. Copies of this noncompliance will
be distributed to the establishment, inspection fileand District Veterinary Medical Specialist per FSIS
Directive 6100.3. The establishment is also
reminded that NRs and MOIs documented for GCP
issues can be FOIA requested and made available
for viewing by FSIS. Documented by (b)(b) (6)

(6)

OPEN

107

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

Regs

P206+V206

Pilgrim's Pride
Corporation

KCC5519015608N-1

01/08/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 1600 hours, while walking
through the establishment with (b) (6), I observed a cadaver on the east picking
line. The carcasses' s head was attached and thecut from the kill machine was high and located on
the right side of the neck. I requested for theforeman to call for the evisceration supervisor or
the back dock supervisor. The cadaver was
removed from the line by the pinner/sorter andplaced in a bin. While the foreman was looking
for either of the supervisors I observed 2 morecadavers on the east picking line. Regulatory
control action taken and the east picking line wasstopped. I informed (b) (6), about the cadavers. He went to theback to assess the kill machine. (b) (6), reported
that the kill machine had been moved to the side,
maintenance was going to move it back at break,and in the meantime, a second backup killer had
been placed on this line. (b) (6)stated that
he had placed a skip on the line at the time the
2nd backup killer was put in place. Regulatory
control action was relinquished and the picking
line was started back up. A total of 8 morecadavers were observed until the skip. The
picking line was observed for 5 more minutes
after the skip, ensuring that a 2nd backup killer
was an appropriate remedy to the problem until
the kill machine could be adjusted. No morecadavers were observed. All of the cadavers werebright red carcasses. Several still had their heads
attached and all were cut on high on the right sideof their neck, not killing them properly and notallowing them to be bled out completely. The
establishment has failed to comply with 9 CFR
381.65(b) as poultry must be slaughtered inaccordance with good commercial practices in amanner that will result in thorough bleeding of
the carcasses. The number of cadavers observed
indicates a loss of process for handling birds and

CLOSED109

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statustherefore the establishment is not operating inaccordance with Good Commercial Practices,
allowing poultry to enter the scald tanks alive.
Poultry that are not slaughtered in accordancewith GCPs are considered adulterated and must
be condemned according to the Poultry Products
Inspection Act (PPIA). (b) (6)was notified of the noncompliance.
This noncompliance will be forwarded to the
Front Line Supervisor, District Office, and theDistrict Veterinary Medical Specialist (DVMS) incase additional follow-up is recommended. This
document serves as written notice that continued
failure to meet regulatory requirements can leadto enforcement actions described in 9 CFR 500.4.
P206(b) (6)
P218

Pilgrim's Pride
Corporation

WOD33
210112
09N-1

01/09/2018

04C05

Poultry Good
Commercial
Practices

OPEN

110

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P218

EstName

NR#

Date

Task

TaskName

Regs

Pilgrim's Pride
Corporation

WOD3100045012N-1

04/11/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn April 11, 2018 (b) (6)observed thefollowing GCP noncompliance. At 2140 both
evisceration lines were stopped due to a
maintenance issue. (b) (6)
immediately
went to the live hang room to verify live birds
were being handled appropriately. The employees
in the live hang room had stopped hanging birds
and (b) (6)instructed the lead personnel toremove all the remaining birds that were hung(b) (6)prior to the stunner. At approximately 2250
reentered the live hang area to verify thebirds were properly removed and observed
approximately 10 dead birds in each of thestunners. (b) (6)was called to the area and shown thenoncompliance. The dead birds appeared to havedrowned in the stunner and were pulled off theline to be properly disposed of. Failure to
implement procedures for preventing accidental
injury and/or death inconsistent with 9CFR
381.65(b) in regards to birds presented forslaughter, resulted in a lack of response to a
known GCP failure, and birds were allowed to die
by a means other than slaughter. The
establishment was notified that the USDA expects
the establishment to employ handling methods
consistent with Good Commercial Practices. Plant
Management is asked to consider these USDA
concerns and prevent future occurrences.
Copies of this noncompliance will be distributed
to the establishment, inspection file and District
Veterinary Medical Specialist per FSIS Directive
6100.3. The establishment is also reminded thatNRs and MOIs documented for GCP issues can be
FOIA requested and made available for viewing by
FSIS. Documented by (b) (6)

CLOSED111

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M337+V33
7

Sam Kane Beef
Processors,
LLC.

UNG58
11015009N-1

01/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn Tuesday January 9 , 2018 at approximately
07:45 hours , (b) (6)was performing
ante-mortem inspection in the cattle pens. (b) (6)observed the cattle in pens 7 & 8 there
was no water in the Troughs (b) (6) had thecattle Immediately removed from the pens toother pens with water available. Maintenancewas Immediately call to repair a broken float
valve on the water trough. Maintenance was
repairing the broken water valve at approximately
12:00 hours . This is in violation of the above
regulation.

CLOSED112

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M337+V33
7

Sam Kane Beef
Processors,
LLC.

UNG59
070157
11N-1

01/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusEgregious Humane Handling Act - On 10 January
2018, (b) (6)reported to the undersigned,, that he witnessed what he believed(b) (6)
to be an “Egregious Act” toward livestock while
conducting ante-mortem/ stunning/
consciousness inspection at Sam Kane Beef
Processers, Corpus Christi, TX, 78409. USDA
Reject tag # B40-628 045, was used to identify
this issue.
At approximately 0750hours on
10 January 2018, (b) (6)wasconducting ante-mortem inspection of cattle prior
to the beginning of stunning. On his way back to
the USDA Office, (b) (6) witnessed on of theserpentine chute plant employees using a battery
operated hotshot to an animals face. (b) (6)
immediately stopped the egregious act andinformed the handler to “Not to use it on theface”. (b) (6) informed (b) (6), and (b) (6), and Mr. Junior Urias, VP
of Slaughter Operations, of the incident.
Afterward (b) (6) came into the USDA office
and informed (b) (6)of the incident andwhat he did to control the incident. (b) (6)then headed out to the chute area where he wasmet by Mr. Junior Urias and (b) (6)who were walking to the rail trolley shop with ahotshot. Mr. Urias informed (b) (6)that hewas taking care of an incident reported to him byconfirmed the action and(b) (6) . (b) (6)came back to the USDA office to attempt tocontact (b) (6)Dallas District Office,and (b) (6)Corpus Christi(b) (6)
Circuit. After no response from either party,
headed out to the chutes and met with
Mr. Urias. Mr. Urias informed (b) (6)hewas working with Human Resources to conduct a
counseling session in their office of the employee
and ensure disciplinary actions would occur.
During the conversation, (b) (6)arrived and Mr. Urias

OPEN

113

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
explained the issue to him and what the plan was
to deal with it. (b) (6)exited theimpromptu meeting and walked to the knocking
chute where we watched the movement of cattle(b) (6)and stunning. While leaving the chute area,
received a return call from (b) (6) .
Upon the discussion, (b) (6) recommended
that since the facility has a “Robust Humane
Handling program”, a good track record of
performance, plant management was proactive indealing with the report and this egregious act waswith herding livestock and not with the knocking
process, that only a NR should be issued and thestunning operation did not necessarily need to be
stopped and agreed with the actions conductedby (b) (6)up to this point.
At
approximately 0900hrs, 10 Jan 2018, Mr. Junior(b) (6)
Urias came to the USDA office and informedthat the employee who conducted theegregious act had been terminated. Additionally,
Mr. Urias informed the undersigned that “Allemployees who deal with livestock will undergo arefresher handling class tomorrow morning at
0600hrs”.

Status114

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P584

EstName

NR#

Date

Task

TaskName

Regs

Pilgrim's Pride
Corporation

QLM22
140131
23N-1

01/12/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn Friday January 12, 2018 establishment00584P documented 9,879 Dead on Arrival
chickens. On a typical day the number of DOA
birds at this plant averages around 100. FSIS
inspection personnel observed
establishment personnel properly managing theincoming DOA’s. (b) (6)and (b) (6)wereboth observed at the live hang and cage dumperarea overseeing the condemnation of D.O.A.’s. At
that time (b) (6) stated that the trucks with thehigh number of D.O.A.’s had been from a grower
in Arkansas and had come in the previous night. It
was determined later that the grower was (b) (4)in Arkansas. The local temperature at P584
Thursday night was below freezing and the highon Friday was in the mid 30’s. Duringante-mortem inspection of one truck load, very
little movement was observed in the chickens andmany of the visibly living appeared to be alive but
unresponsive. The cages had half of their exposed
outward facing ends covered with wooden panels
and the other half of the outward facing end ofeach cage was open, aside from the wire cageitself. The D.O.A.’s were observed being culled
and placed in 1500 lb. cardboard combos withcharcoal denaturant applied. The carcasses
showed no signs of dehydration or malnutrition ordisease and appeared to be of the average size foryoung chickens. No D.O.A.’s were observed inevisceration this day by FSIS employees. Poultry
that die by means other than slaughter are notbeing handled in a manner consistent with goodcommercial practices and fail to comply with 9
CFR 381.65(b). A similar instance that included
almost 900 Dead on Arrival birds in cold weather
occurred at this establishment on 01/03/2018
and was documented on 01/04/2018 with MOI(b) (6)
number QLM4412010804g. Documented by

CLOSED115

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7041B+P
7041+V704
1B

BeltexCorporation

UWH59
15011631N-1

01/31/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCATEGORY III WATER AND FEED AVAILABILITY 9
CFR 313.2 313.2 Livestock pens, driveways andramps. On January 30, 2018, at approximately
0600 hours, I, (b) (6), was
performing ante mortem on cattle for Est.
7041B. While reviewing cattle for ante mortem
inspection, I observed sixty - eight head of
cattle penned in corrals numbered 11, 13, 14 and
16. These cattle had arrived on site sometime
before 0600 hours and were penned withwater. I did not perform ante mortem on theseanimals, and the plant elected to hold the cattle
until the next day for slaughter. I reviewed thecorrals late in the day and no animals had any hayor feed provided at that time. On January 31,
2018, at approximately 0600 hours, I performed
ante mortem on the sixty-eight head of cattle heldin the same four corrals numbered 11, 13, 14 and
16. The cattle had access to water in all corrals.
None of the cattle held for over 24 hours had any
feed provided in the pens. I noted the numberof hay bales stored for cattle feed was the same
number of bales on the premise on January 30,
2018. I reviewed all the pens and did not observe
any hay remnants in any of the pens. Plant
management failed to provide access to feed toanimals held longer than 24 hours and this isnoncompliant with 9 CFR 313.2. I informedof the noncompliance.
(b) (6)

CLOSED116

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7041B+P
7041+V704
1B

BeltexCorporation

UWH32160553
11N-1

05/11/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory IV Handling during ante mortem 9 CFR
313.2 At approximately 0600 hours, I, (b) (6), observed cattle during ante(b) (6)mortem inspection. In Pen 11, I observed 2
recumbent steers with 20 head of standing cattle.
The plant employee entered the pen and tapped
one downed steer with the rattle paddle. I
observed this steer slip twice while planting thehind feet to stand. The steer made several
attempts to put weight on the right foreleg before
standing. I noted the steer did not continue to use
the right foreleg after standing. I noted the pen
floor was clean and adequate to prevent slips andfalls for routine use. The 20 head of standing
cattle were crowded in the pen around the second
recumbent steer. This steer was laying with its
head on the pen floor. When the plant employee
moved the cattle for ante mortem inspection, asteer stepped on the abdomen and neck of therecumbent steer, and stood over the downed
animal’s head. The plant employee moved thecattle away from the downed steer. The downed
steer stood and walked with difficulty andappeared lame. I asked the employee move
cattle from Pen 11 to avoid further injury, stressand excitement to the disabled steers. The
employee moved 16 head of cattle to anotherpen. I observed that 6 head of cattle remainedin pen 11. When the disabled animals weresegregated from the other cattle, I rejected Pen 11
with US Reject tag B37350959 and informed Plant
Manager Lou Cruz of the noncompliance to moveanimals calmly and minimum of excitement andprevent injury during handling practices .

CLOSED117

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P7044

EstName

NR#

Date

Task

TaskName

Regs

Tyson Foods,
Inc.

GJJ520805520
9N-1

05/09/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusThis morning (5/9/18) there was a delay in startup
of evisceration due to preoperational sanitation.
Entering the picking room to perform
ante-mortem inspection at about 0530 the birds
on picking line 2 were just exiting the post scald
dip tank. Over 95% of the birds were bright red
cadavers that drowned in the scald tank andabout 10% still had the heads attached (there are
multiple head pullers along the process). Two
employees began removing the birds from thepicking line and discarding them in the drain.
Quickly several additional employees andalso began(b) (6)
removing the birds such that all cadavers werebeing removed. A count was not performed, but
based on piles of birds on the floor there wereappeared to be in excess of 200 cadavers.

CLOSED(b) (6)indicated there had been an issue with thestunner at startup, but it had been resolved. I
proceeded to the backup kill position. The backup
kill employee was in place and the birds on line 2
were observed for 1 minute. All birds had theproper post stun appearance and no birds passedby the backup kill employee that required andadditional cut. Since the immediate cause had
been addressed (b) (6)and (b) (6)were notified of the Good
Commercial practice noncompliance. The
requirements of 381.65(b) were not met due to an
initial loss of process control that resulted in thebirds entering the scald tank still breathing. Afteran initial investigation (b) (6)explainedthat the supervisor did not follow standard
procedures and walk the line to ensure all
equipment was operating and all employees werein place. The stunner apparently had tripped out.
From the initial investigation it was unclear
whether the back up kill employee had been inplace and failed to stop the line, or whether theline started without a back up in place.

118

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

StatusSubsequently (b) (6)and (b) (6)stated that the supervisor had been suspended,and the complex and area animal welfare
managers had been contacted. The animal
welfare managers will perform an investigationand complete a record/form, which will be
provided to USDA.
M7050+P7
050

Dalhart
Processing

SVK511302551
3N-1

02/13/2018

04C02

Livestock
HumaneHandling

313.2

HATS Category 3 : Water/Feed Availability: 9CFR
313.2(e) On 02/13/2018 at about 8:15 am,
While Performing Anti-Mortem Inspection at Est,
7050 Dalhart Processing I observed the following
non-compliance, 1 animal in pen ( Steer ), nowater was available for this animal. I notified(b) (6) about non-compliance This is aviolation of Directive 313.2(e)CLOSED119

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M13054+P
13054

H & B Packing
Co. Inc.

YUF470904341
2N-1

04/12/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(2)

On 04/12/2018 at approximately 0840 hours
while observing the driving of the animals to theknock box, I observed the following
noncompliance. A smaller steer that had reached
the area of the incline to the knock box had
turned around in the chute and fallen down. The
employee handling the cattle tried to drive the 4
animals that were lined up behind this steer
backwards to prevent them from walking on thefallen steer. His attempts were unsuccessful andtwo of these animals pushed forward and passed
over the fallen steer. The other 2 animals weresuccessfully driven back beyond the area of theprevious gate and closed off from access to thisarea. The gate between the chute and the outside
area was opened to allow the fallen steer to haveroom to get up. However, this steer was not able
to right itself and was condemned as non
ambulatory. The employee who knocks theanimals then used a hand held captive bolt gun tostun this steer, bled him out and he was removed
from the area while I watched to insure no return
to consciousness. This is a violation of
313.15(a)(2). Animals in the runway to the knockbox should be handled to prevent them frominjuring one another (b) (6)assembled (b) (6)OPEN(b) (6)(b) (6) and all the employees that handle the live
cattle and discussed the issue. Management
decided to replace the employee that handles thecattle in the runway. They also said they would
limit the number of animals in each section of the
runway and try to separate the smaller, weakeranimals from the larger ones. (b) (6) said hewould get a gate installed at the area just before
the incline to the knock box and adjacent to thegate to the outside.

120

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M19478

ABF Packing,
Inc.

AMH26
17024617N-1

02/17/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV-Handling during Ante-Mortem
Inspection On February 17, 2018, due toconcerns with repair and maintenance of theestablishment’s cattle handling system and alleyby (b) (6) , a directed Humane Handling Task
was performed on the entire handling system.
The entire system was reviewed by (b) (6)and (b) (6). Afterthe review at approximately 10:30 hours, US
Reject Tag B39872467 was placed on the tub
crowding gate to stop operations until thefollowing concerns and noncompliances could be
addressed. First, the tub crowding gate was invery poor condition and could easily cause harmto the hide of an animal as evidenced by the manylong sharp edges on the exposed side of the gate.
The thin flat metal on the gate was rusted throughjust above where it was welded to the pipe
support structure. The rusted sections were sharp
and protruding. There was in excess of six places
that were approximately six inches or greater inlength. Continuing through the pens, the sides of
the tub had similar issues and where the flat
metal would come together, in several spots theflat metal was sharp and protruding. These areas
were anywhere from six inches to excess of one
foot in length. In the alley, leading to theknocking chute similar issues were identified thatcaused great concern. Specifically, the alley is apipe structure and flat metal on the sides. Similar
to above, the flat metal was sharp, protruding andcould easily damage the hide of the animals whensimply walk through the alley. This was evident
by the sharpness of the metal and the metal that
did protrude out from the rusted out areas.
Additionally, in the initial ante mortem andholding pen areas, there were two pipes that were
extremely rusted and were sharp at two
locations. One damaged pipe was in each of thepens. Furthermore, an inspection of the US
Suspect pen was also conducted. First, there was

CLOSED121

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
a cattle panel welded to the pipe structure, butthree or four of the welds have came loose andthe wire was protruding out. This was about 24
inches off the concrete. Additionally, the flat
metal on the gate was rusted, protruding slightly
and sharp. There is a gate providing access to acompressor or pump. The pump has exposed
wires and could result in issues if an animal wasallowed around it. We tried to close the gate,
but the gate was stuck and couldn’t be closed.
These observances could result in injury or harmto the animals if not immediately remedied.
Therefore, the area was rejected and thesefindings are in noncompliance with 9 CFR
313.1(a). (b) (6)and (b) (6)were notified and shown the issues. They
immediately began working on the issues. The
reject tag was moved to reject only the alley andsuspect pen at 13:00 hours. The remaining areas
were released. Production resumed through a
modified working pen and alley.

Status122

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P517

EstName

NR#

Date

Task

TaskName

Regs

Mar-Jac
Poultry-MS

QOO57
160231
06N-1

02/06/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 1020 hours on 02/06/18, while
performing a routine Good Commercial Practices
audit at the live hang area o (b) (6)

CLOSEDand (b) (6), observed thefollowing. Five live birds entered the south
scalder tanks; one live bird entered the northscalder. The birds had not been cut and exhibitedvoluntary head and conscious eye movement,
attempted righting reflexes. One bird wasobserved to have open mouth breathing. Having
surpassed all points of intervention post shacklingand no observable backup killers, the process hadquestionable control. In addition, four live birds
were also observed out of their cages at the live
haul shed. Production was stopped and tagged atlive hang until process control could be restored.
The establishment has the responsible to ensure
poultry is slaughtered in accordance with goodcommercial practices in a manner that will resultin thorough bleeding of the carcasses and ensurethat breathing has stopped prior to scalding. This
regulatory noncompliance resulted in theestablishment's failure to meet the regulatory
requirements of 9 CFR 381.65(b). Regulatory
control action was taken as described in 9 CFR
500.2 when production was stopped and U. S.
Rejected tag # B34609887 applied to live hangarea. (b) (6)) and (b) (6)were notified ofthese findings. After verifying that theestablishment implemented the appropriate
corrective actions the regulatory control action
was removed at approximate 1225. Mar-Jac
Poultry is hereby advised of their right to appeal
this decision. Continued failure to meet theseregulatory requirements could result in additional
regulatory or administrative action as described in
9 CFR 500.4.

123Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P519

EstName

NR#

Date

Task

TaskName

Regs

Wayne Farms
LLC

KMH51
12010417N-1

01/16/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn January 16, 2018 at approximately 1425 while
performing the Good Commercial Practice andAnte-Mortem task the following was observed at
the entrance of the scald vat. Numerous(approximately 80%) of the young chickens had
only superficial abrasions to their necks that did
not penetrate any major vasculature needed tocause proper death by slaughter andexsanguination. (b) (6)wasspraying down the picking room floor in the area
and I immediately waved her to come over andshowed her the chicken’s necks as they wereentering the scald vat and informed her that they
will very likely end up with a large amount of live
birds entering the scald vat unless the issue isremedied immediately. She said she understood,
acknowledged the superficial cuts to thenecks/risk of live birds and walked away to correct
the issue. I continued my verification check at theentrance to the scald vat and the following
noncompliance was observed beginning at 1430
when the first live bird entered the scald system.
This bird had a superficial abrasion to the neck; nomajor vasculature was penetrated, rhythmicbreathing, blinking, pupillary reflexes andcontrolled movements were all present.
Additional live birds entered the scald vat thatappeared physically the same as the one
described above at 1431, 1431:34seconds,
1431:55seconds. At approximately 1432 an
additional live bird entered the scald vat. This bird
physically was much smaller than the previous
birds that entered live. This chicken had a verysmall (difficult to even visualize) 2-3 millimetersuperficial abrasion over the center of the throat,
which did not penetrate any vasculature. The bird
was alert, rhythmically breathing, had controlled
movements, blinking and pupillary reflexes
present. At approximately 1433 (b) (6)was asked to please stop hanging thatmultiple live birds had gone into the scald vat in a

CLOSED124

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
short amount of time and their process appeared
to be out of control at this time. She agreed, and I
informed her that a GCP noncompliance would be
issued, and once I was able to verify that
production had ceased I requested a meeting in
the USDA PHV office prior to resuming operations.
I stopped in live hang and informed the Supervisor
present and (b) (6)thatthe area has been verbally rejected by USDA andto not start hanging until it is released directly(b) (6)from USDA. Meeting attendees consisted of(b) (6)(b) (6)
briefly (b) (6)andrepresenting the USDA were (b) (6)and (b) (6). During
the meeting held in the USDA office theestablishment decided that they were not going
to run any longer on first shift for the day and justend the day. I informed them that it’s completely
their decision, but USDA still needs to be given
corrective actions prior to them resuming
production on any shift. (b) (6)statedthat he would have maintenance raise the blade.
This is a violation of 9 CFR 381.65(b) whichstates in part, “Poultry must be slaughtered inaccordance with good commercial practices in amanner that will result in thorough bleeding of
the carcasses and ensure that breathing has
stopped prior to scalding.” Live bird(s) entering
the scald system live is a less than Good
Commercial Practices and results in adulterated
product. The establishment is responsible for
ensuring that birds under their control on theofficial premises are treated in a humane mannerthat will minimize excitement, discomfort, injury
and/or death by means other than slaughter.

Status125

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M6555+P3
4794

FayettePackingCompany, Inc.

WSO50
08011631N-1

01/31/2018

04C02

Livestock
HumaneHandling

M7455+P7
455+V7455

Williams
Sausage Co Inc

UQD40110442
24N-1

04/23/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

At approximately 07:35 hours, while performing
Humane Handling verification activities, I observedthat there were three goats in pen three without
access to water. This is in noncompliance with 9
CFR 313.2(e). I notified (b) (6)of this noncompliance.

OPEN

313.2

HAT Category III (Water and Feed Availability) On
02/23/2018 at approximately 1415 hours while
performing a HAT verification task (Category III:
Water and Feed Availability), I ((b) (6) observed
the following noncompliance. Specifically, I
observed that the 106 sows in livestock holding
pen 2 did not have access to water. Upon further
inspection, I noted that the main water supply tothe pen’s water trough, as well as an alternative
water supply to the trough, which had been
jury-rigged by running a piece of plastic conduit
from the adjacent waste water building into theceiling of livestock holding pen 2 to supply water
to the underlying trough, were non-functional. I
immediately notified maintenance personnel
regarding the issue and they, along with theestablishment’s Assistant Plant Manager, Mr.
Brian Jones, immediately corrected theaforementioned deficiency (1432 hours) under mydirect supervision by turning on the alternative
water source in the waste water building andadjusting the flow in such a manner so as to fill
the underlying water trough (water was left oncontinuously to overflow the trough since it was
not equipped with a float operated ball valve tocontrol water level in the trough). (b) (6)was also
notified (verbally at 1438 hours) of theaforementioned noncompliance and theestablishment’s failure to comply with theregulatory requirements prescribed in 9 CFR
313.2(e).

CLOSED126

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M8314+V8
314

Swaggerty
Sausage
Company, Inc.

SHO051403341
2N-1

03/12/2018

04C02

M8327+V8
327

Southeastern
Provision LLC

UOF0507021305N-1

02/04/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.30(a)(4)

HAT Category IX-Conscious Animals on the Rail. At
approximately 1420 hours while monitoring thatanimal identification was being collected I
observed a noncompliance. I observed a
conscious hog on the line. As I cannot assert
whether the hog was effectively stunned or not,and being that the establishment took an
immediate and effective corrective action, adecision to issue a non-compliance record, in lieu
of an enforcement action was elected. The hog
was performing a righting reflex and paddling it's
front feet. I pointed at the animal for (b) (6)). He recognized theanimal also and was trying to get the attention of
the employee collecting animal ID. I walked
toward the animal and saw that it was tracking
with it's eyes and looking around. The animal was
stunned with a captive bolt. I took a regulatory
control action and had the line inspector stop theline. I notified Wayne Romines, Assistant Plant
Manager, of the occurrence and I placed reject tag#B43268870 on the knock box at approximately
1430 hours. I spoke with (b) (6)and theJackson District Office. After discussing theimmediate corrective action with (b) (6), I removed my reject tag
at approximately 1503 hours.

CLOSED

Livestock
HumaneHandling

313.2

HAT Category III-Water and Feed Availability. At
approximately 4:30 PM while performing an
odd-hour ante-mortem inspection, (b) (6)observed two cows which were not in thepens, but in the chute leading to the knockbox. (b) (6) saw no signs that these two animals
had been fed and their location in the knock box
chute prevented them from having access towater. This is a noncompliance according to 9
CFR 313.2(e) Animals shall have access to water inall holding pens and, if held longer than 24 hours,
access to feed. Mr. Carl Kinser(Plant Manager) was
notified of the noncompliance.

CLOSED127

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M8327+V8
327

Southeastern
Provision LLC

UOF5206052704N-1

05/04/2018

04C02

Livestock
HumaneHandling

M8330+P8
330+V8330

C&F Meats

GBH460701332
4N-1

01/24/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HAT Category III-Water and Feed Availability. At
approximately 7:30 AM while performing
ante-mortem inspection, at Southeastern
Provision in Bean Station, TN, (b) (6)observed that the cows in the front pen did nothave access to water. There was a water trough inthe pen, but the trough was dry. This is anoncompliance according to 9 CFR 313.2(e)Animals shall have access to water in all holding
pens and, if held longer than 24 hours, access tofeed (b) (6)) wasnotified of the noncompliance and corrective
action was immediately taken by the plant toprovide access to water.

CLOSED

313.2

Humane Handling Activities Tracking System(HATS) Category IV Water and Feed Availability
At approximately 0700 hours on January 23,
2018, while performing Livestock Humane
Handling task the following noncompliance wasobserved. Five large beef were crowded into the
USDA suspect pen with no room to move aroundor lay down. The pen is approximately 5ft x15 ft.
This is a violation of 9CFR 313.2(e) which states"There shall be sufficient room in the holding pen
for animals held over night to lay down". (b) (6)was notified verbally and establishment
administrator was notified in writing with thisnoncompliance report.

OPEN

128

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbrM8330+P8
330+V8330

EstNameC&F Meats

NR#

Date

Task

GBH1013015530N-1

01/30/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHumane Handling Activities Tracking System(HATS) Category VII: Observation for Slips andFalls At approximately 1030 hours while
performing a livestock Humane Handling task, thefollowing noncompliance was observed. One beef
located in pen # 3 was observed slipping andfalling multiple times as the animal was being
moved to the stun box. Upon further investigation
it was discovered that the pen was saturated withurine and feces A regulatory control action was
implemented and the pen was tagged with U.S.
Rejected tag #B35898844. (b) (6)wasnotified in writing with this noncompliancerecord.

CLOSED129

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9085+V9085

Snapps Ferry
PackingCompany

QSF2916015103N-1

01/02/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

HAT Category III-Water and Feed Availability. At
approximately 8:20 AM on 1/2/2018 while
performing ante-mortem inspection at Snapps
Ferry Packing Co. in Afton, TN, (b) (6)(b) (6) observed that the water bowl in pen #1 wascompletely frozen resulting in no water available
to the hogs in the pen. The temperature at thetime of this observation was 8 degrees F. This is anoncompliance according to 9 CFR 313.2(e)Animals shall have access to water in all holding
pens and, if held longer than 24 hours, access tofeed. Jason Southerland (Plant Owner) was
notified of the noncompliance and corrective
action was immediately taken by the plant toprovide fresh water. (b) (6) stressed to Mr.
Southerland the importance of staying vigilant on
the status of the water bowls in the pens during
below freezing conditions.

CLOSED130

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9085+V9085

Snapps Ferry
PackingCompany

QSF2309010510N-101/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

Status

HAT Category IV - Ante-Mortem Inspection. At
approximately 8:51 AM on 1/10/2018 while
performing ante-mortem inspection at Snapps
Ferry Packing Co. in Afton, TN, (b) (6)and (b) (6)observed that a sheet ofmetal in the knock box had come loose and waspresenting a sharp edge in the direction of theknock box entrance. There was also a tuft of black
hair caught on the edge of the metal sheet
confirming that an animal had run into it.
The loose metal sheet presented a high likelihoodof animal injury and is a noncompliance according
to 9 CFR 313.1(a) which says "Livestock pens,
driveways and ramps shall be maintained in good
repair. They shall be free from sharp or protruding
objects which may, in the opinion of theinspector, cause injury or pain to the animals.
Loose boards, splintered or broken planking, andunnecessary openings where the head, feet, orlegs of an animal may be injured shall be
repaired." Jason Southerland (Plant Owner) was
notified of the noncompliance and the knock box
was tagged with USDA Reject Tag No:
B36193109. Corrective action was taken by theplant to repair the knock box. At 10:05 AM theknock box was found to be back in complianceand was released by (b) (6).

CLOSED131

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9085+V9085

Snapps Ferry
PackingCompany

QSF490901201
1N-1

01/11/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

Status

HAT Category IV - Ante-Mortem Inspection. At
approximately 9:10 AM on 1/11/2018 while
performing ante-mortem inspection at Snapps
Ferry Packing Co. in Afton, TN, (b) (6)(b) (6)
observed that the same sheet of metal in theknock box that was documented in NR#:
QSF2309010510N/1 yesterday, hadagain detached. The metal sheet was again
presenting a sharp edge toward the entrance tothe knock box and posing a high likelihood ofanimal injury and is a noncompliance according to
9 CFR 313.1(a) which states "Livestock pens,
driveways and ramps shall be maintained in good
repair. They shall be free from sharp or protruding
objects which may, in the opinion of theinspector, cause injury or pain to the animals.
Loose boards, splintered or broken planking, andunnecessary openings where the head, feet, orlegs of an animal may be injured shall be
repaired." Jeremy Southerland (Plant Owner) was
notified of the noncompliance and the knock box
was tagged with USDA Reject Tag No:
B36193110. Corrective action was taken by theplant to repair the knock box. At 10:20 AM theknock box was found to be back in complianceand was released by (b) (6) . This NR is linked
to NR#: QSF2309010510N/1.

CLOSED132

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9085+V9085

Snapps Ferry
PackingCompany

QSF411301382
9N-1

01/29/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

At approximately 1055, I observed plant
management personnel Jason Southerland
attempt to stun a long horn, bovine animal in theslaughter floor area. As I observed, the animal's
head was in a lowered position; Mr. Southerland
shot the animal in a downward motion. The
animal immediately jumped back, then thrashed.
The animal's legs did not go limp, but remained
standing. The animal was moving its head in amanner to move away from the shooter. Mr.
Southerland immediately shot the animal in thehead for the second time. The second shot was
effective in stunning the animal. The animal's legs
went limp, and the animal fell to the floor of theknock box. The animal did not regain
consciousness. I applied USDA Rejected Tag#
B41496893 to the knock box. Upon further
observation of the bovine head, the entry hole ofthe bullet is higher than the appropriate 'X'
pattern. The entry hole was located at the base of
the horns, with a trajectory in a downward
pattern. The instrument used to stun bovine
animals at this establishment is a Smith & Wesson
40VE. The ammunition used is 165 Grain. At
approximately 1119, after plant management
personnel provided SPHV personnel withcorrective actions, the knock box was released toplant management personnel.

CLOSED133

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9085+V9085

Snapps Ferry
PackingCompany

QSF091302532
6N-1

02/26/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(3)

HATS Category VIII Stunning Effectiveness - Atapproximately 0930, while performing HATS
verification activities in the slaughter processingarea, I observed plant management personnel
Jason Southerland attempt to stun a sheep. Mr.
Southerland physically restrained the animal with
one hand, and his body, then shot the animal witha .22 caliber pistol revolver with the other hand.
The animal's legs dropped from beneath theanimal, and the animal fell to the floor. The
stunning of the animal appeared to be effective.
Mr. Southerland then exited the slaughter
processing area to an adjacent room. A slaughter
processing floor employee grabbed the animal by
the ear, then drug the animal approximately 4
feet to the blood pit- to attempt to stick and bleed
the animal. Upon arriving at the blood pit, theemployee released his grip, and the animal
dropped to the floor. The animal immediately
jumped up, and walked in a calm manner, at a
normal pace across the slaughter processing
room, then lowered its head; remaining calm. The
animal appeared to be coherent. Mr. Southerland
immediately walked over to the animal, andeffectively stunned the animal. I applied USDA
Rejected tag # B43268869 to the knock box.
Upon further inspection of the shot holes in the
animal's head, it appears the first shot was too
low, and at a probable wrong angle. At
approximately 0955, after corrective actions had
been provided to USDA management, I released
the knock box to plant management personnel.
Plant management (Jason Southerland andJeremy Southerland) stated that that Jason
Southerland would be retrained and that the
animals would be bled in a more immediatefashion to limit the time between stun andbleeding. The pistol used was a (b) (4) .22
magnum. The ammunition used is: Maxi- Mag 22
WMR Total Metal Jacket 40 grain, TargetPlinking.

CLOSED134

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M19716+V
19716

Hampton Meat
Processing

CIO4307052303N-1

05/03/2018

04C02

M4975+P4
975

Dale T. Smithand Sons Meat
PackingCompany Inc

IYC0117024514N-1

02/14/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.16(a)(1),
313.16(a)(3)

At approximately 0735 ET on May 3, 2018, theestablishment (b) (6)attempted tostun a lamb with a pistol using a “cci stinger”
bullet. The shot was fired and I entered the killfloor to see the lamb still standing and notappearing in distress. (b) (6)hadentered the kill floor from outside after the shot
was fired. As I entered, I heard (b) (6)tell the employee to stun it again
immediately. The employee got a rifle andeffectively stunned the lamb. I took a RCA andnotified the owner, Connie O'Daniel, and theDistrict Office.

OPEN

Livestock
HumaneHandling

313.15(a)(1)Category VIII – Stunning Effectiveness On
2/14/18, at approximately 1423 hours, I observed
the following noncompliance at the knocking box
on the Kill Floor. An establishment employee
made at attempt to stun a dairy cow with ahand-held captive bolt stunner. The first stunning
attempt struck the cows head, but did not
produce immediate unconsciousness. The cow
remained standing, but did not vocalize or appear
to be in a heightened state of discomfort. An
immediate corrective action was implemented
and a second stunning attempt was made behindthe poll to the back of the head, withinapproximately 25 seconds, using a backup stungun. The second stunning attempt was successful
at producing immediate unconsciousness. Uponcloser inspection of the cows head, #175, I
observed a hole in the forehead and an additional(b) (6)hole behind the poll. I verbally notifiedof this noncompliance. A
review of the last 90 days of noncompliances
revealed none issued for the same cause.

CLOSED135

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4975+P4
975

Dale T. Smithand Sons Meat
PackingCompany Inc

IYC2315022921
N-1

02/21/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory I – Inclement Weather & Category
III – Water and Feed Availability On 2/21/18, atapproximately 0530 hours, I observed thefollowing noncompliance while verifying water
availability in Pen #1 in the outside yard area. The
water trough in this pen had a solid layer of ice on
top of it. I pointed this out to (b) (6)and told him this trough was notproviding cattle with access to water due to thethickness of the ice on it. As an immediate
corrective action, (b) (6)broke ice out toallow cattle access to water. Later, I measured thethickness of ice to be ½ inch. (b) (6)and I
both went around verifying the rest of the troughs
were also providing cattle with access to water.
Some of the troughs had a solid layer of ice,
although thinner than the trough from Pen #1. Ice
was broken and removed from all troughs toprovide cattle unimpeded access to water. A
review of the last 90 days of noncompliances
revealed none issued for the same cause.

CLOSED136

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4975+P4
975

Dale T. Smithand Sons Meat
PackingCompany Inc

IYC0817032914N-1

03/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)Category VIII – Stunning Effectiveness On
3/14/18, at approximately 1045 hours, I observed
the following noncompliance at the knocking box
on the Kill Floor. An establishment employee
made an attempt to stun an angus heifer with ahand-held captive bolt stunner. I heard thestunner fire on the first attempt and thenobserved that the animal remained standing. The
employee told me he didn’t even hit the animal.
There was a backup stun gun available, although
the employee elected to reload the stunner heattempted the first shot with. The animal was
moving its head up, down and around and it was
unclear to me if the first attempt had contacted
the animal or not. The animal was not vocalizing
and simply seemed a bit confused. Afterapproximately two minutes had passed until theopportunity presented itself, the employee wasable to accurately deliver a second stunning
attempt which produced immediate
unconsciousness. After the head was removed
from this particular animal, #107, I observed aknock hole near the top center of the poll and one
behind the poll on the back of the head,
confirming that both stunning attempts contacted
the animal. I notified Plant Manager Matthew
Smith of this noncompliance. This NR is linked to
NR IYC0117024514N / 1, dated 2/14/18.

CLOSED137

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4975+P4
975

Dale T. Smithand Sons Meat
PackingCompany Inc

IYC5714042024N-1

04/24/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)Category VIII – Stunning Effectiveness On 4/24/18
at approximately 0551 hours, I, (b) (6), observed the following
noncompliance at the knocking box on the Kill
Floor. Because of safety concerns and in order tostay out of the animal’s line of sight, whenobserving in this area I step back against the wallwhen the employee is attempting to stun an
animal. After moving a dairy cow into theknocking box, the first stunning attempt by theestablishment employee (aka knocker) using ahand-held captive-bolt (HHCB) stun gun was
ineffective. I heard the HHCB stun gun fire but did
not hear the animal drop to the floor of the box; I
confirmed this by stepping forward and observing
that the cow was still standing although she was
not vocalizing nor did she seem to be overly
excited (note: her head was moving around but nojumping or other signs of excitement were seen).
At this point I stepped back since the knocker had
already picked up the back-up HHCB stun gun inorder to perform a second knock which he applied
approximately 10 – 15 seconds after the firstattempt; the second knock was effective – thecow dropped to the floor and no signs of returning
consciousness were observed through the roll-out,shackling/hoisting and stick/bleed-out processes.
At approximately 0558 hours I notified (b) (6)on the Kill
Floor, that what I had observed was anoncompliance under the humane handlingregulations. Since Est. 4975 has a Robust Humane
Handling Plan in place which the involved
employee implemented correctly for the situationand since there were no observable signs ofanimal pain or distress, no FSIS tag was placed.
There have been two similar Noncompliance
Records issued for ineffective first stuns in the past
90 days; both have been linked to today’s
Noncompliance Record.

CLOSED138

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M6454+P4
896+V6454

Elizabeth
Locker Plant,
Inc.

OAF3215023902N-1

02/02/2018

04C02

Livestock
HumaneHandling

M6454+P4
896+V6454

Elizabeth
Locker Plant,
Inc.

OAF061604392
7N-1

04/27/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HATS CATEGORY III - Water and Feed Availability 9
CFR 313.2 (e) On 2/2/18 at approximately 8:00
am while conducting ante-mortem inspection I
observed 3 beef animals held in pens 5 andsuspect pen that had no access to water. Bothsmall white tubs that are used to hold water inthose pens were empty. (b) (6)and Justin
Hundley were notified of the non compliance . As I
was getting ready to affix US retained tag #B
23947638 to the pens (b) (6)was in theprocess of supplying the animals with water.
NR# OAF4115110914N issued on 11/14/17 will
be linked to this NR for same root cause .

CLOSED

313.1, 313.2

Hats Category III - Water and Feed Availability
Hats Category VII - Slips and Falls At
approximately 8:00am while conducting antemortem inspection I observed 9 beef animals inholding pen #4 that had no access to water as theplastic white water tub in that pen was empty.
Justin Hundley was notified of the noncomplianceand made water accessible to the animals. I also
observed 3 beef animals in holding pen #2. One
animal was down and not able to stand. Everytime the animal would try to get up it would fallback down because it’s feet would slip and slideout from under it. Plant owner Justin Hundley was
notified. Wood shavings were added to the pen
floor and the animal eventually got to it’s feet.
The flooring in the holding pen areas is not
sufficient to insure adequate footing for animals
held in the holding pens . The holding pen
flooring has had numerous MOI documented
discussion's on the issue. The following are themost recent OAF2215042917G,
OAF4312045905G, OAF5009034207G,
OAF5510125606G. An NR review for the past 90
days showed one similar NR issued for same root
cause and is linked to this non compliance report.

OPEN

139

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M7748+P7
748+V7748

EstNameColorado
Homestead
Ranches, Inc.

NR#
WOI25
140502
08N-1

Date
05/08/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(a)(1),
313.15(a)(3)

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

At approximately 1050 hours on 5/8/2018,
was performing a HATS Category
VIII Stunning Effectiveness Humane Handlingobservation from across the room. A heifer beef
was in the knocking box being in preparation forbeing knocked with the captive bolt knocking
device. (b) (6) noticed that the heifer was
jumping around inside the knocking box. (b) (6)was trying to get the
animal to hold still as best as possible. (b) (6)lined up for a knock, and just as (b) (6) pulled thetrigger on the captive bolt knocking device theanimal threw her head causing a misplaced knock.
The heifer remained standing but did not
vocalize. (b) (6) then immediately, in less than 5seconds, picked up the readied .357 caliber pistol
and gave (b) (6) a warning of fire-in-the hole.
(b) (6) immediately stepped through theadjacent doorway off of the kill floor, and (b) (6)fired the pistol effectively completing theknocking process. The heifer was placed on therail and bled out. When the head was skinned
out, the stunning device wound was noted to beleft of the midline and approximately 2 inches
below the optimal knocking zone. The .357
wound was perfectly centered over the brain on
the midline. A US Rejected tag was not placed on
the knocking box because this heifer was the final
beef before lunch break and also the final beef ontoday’s slaughter agenda.

OPEN

140

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7749+V7
749

Royal Gorge
Packing

IBK0012033601N-1

03/01/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

While conducting ante-mortem livestock
inspection at Royal Gorge Packing (est. M7749) on
Thursday March 1, 2018 @ 0700 hours (b) (6)observed an alleyway that
contained 6 market hogs presented for USDA
inspected slaughter. There was one tub in the pen(presumably to be used for water) but this tub
was completely dry and had dirt caked on theinside walls. In an adjacent alleyway was anarrow trough that contained water which wasfrozen but the gates to this alleyway were closed
and so the swine could not gain access to thiswater trough at all. Failure to provide access topotable water 24 hours per day is a violation of
9CFR313.2 (e). A review of non-compliances(b) (6)
showed no similar occurrences previously.
verbally informed (b) (6)and (b) (6) of the non-compliance and that a
written non-compliance record would be issued.
Verbally (b) (6) informed me that he would provide
the hogs water. The owner/manager of the
facility was on vacation and would be informed of
the incident upon his return. (b) (6) verified
that immediate corrective action was taken as
water was provided to the swine.

CLOSED141

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M301+V30
1

Yosemite
Valley Beef
Packing Co.,Inc.

TOH591101141
6N-1

01/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn 1/16/2018, at approximately 6:45 hours,
observed
noncompliance while performing a scheduled
PHIS Livestock Humane Handling procedure HATS:
Category III-Water and Feed Availability. The
water tanks for holding pens number 5, 6, 7 and 8
where around 40 cattle were present did not havewater available. The two water tanks that makethe water available for the above pens had justfew inches of water because their drain plugs
were unplugged. (b) (6)took
immediate regulatory control action (RCA) as per
9CFR 500.2(a) (4) and tagged the area by using
U.S. Rejected tag # B41950165. (b) (6)that was present in the area was
notified about the RCA. Immediate corrective
action was taken by fixing the water tanks andmaking water available to all the above holding
pens. The animals did not start to drink water assoon as it was made available (water tanks fullwith water). RCA was lifted around 6:55 hours.
This is noncompliance with 9 CFR 313.2(e) andwas verbally informed that a(b) (6)
noncompliance report will be documented for
failure to meet the above regulatory requirement.

CLOSED(b) (6)142

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M325

EstName

NR#

Date

Task

Clausen Meat
Company Inc.

FBJ120602042
1N-1

02/20/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn February 20, 2018, while performing
antemortem and inspection of the swine pens at
0451 hours, I observed the following
noncompliance. I observed multiple broken andprotruding wires from a fence barrier separating 2
swine pens. In pen #11, a thick wire protruded
upwardly approximately 12 inches out of theground. There were no animals present in the penat the time. In adjacent pen #12, the wire fencing
was damaged and curled inwardly at the basecontaining several sharp edges and exposed wire
ends. In addition, there was a loose wire also
protruding from the ground to a height ofapproximately 8 inches. In this pen (#12), therewas 1 live roaster pig as well as 2 Dead-In-Pens(DIPs). The location of the protruding wires could
cause injury to the contained animals. I informed
Plant Manager Jeff Morgado of thenoncompliance at approximately 0505 hours andhe had the pen emptied of the live roaster pig. A
regulatory control action was taken and U.S.
Reject tags were applied to each pen gate
(B40615637 and B40615638) to prevent their use
as an animal holding pen until corrective
measures were taken to render the pens safe touse. As of the issuance of this noncompliancerecord, corrective actions had not yet been taken
and thus the pens remain under Regulatory
Control action. The Establishment’s written
Humane Handling program, last updated 2/9/15,
states that ‘Holding Pens’ will be maintained ‘freefrom protruding objects’, ‘free from sharp metal of
any kind’ and will be maintained in ‘good repair’.
I informed (b) (6)of the forthcoming
issuance of a noncompliance record for not
maintaining pens in good repair and that this is anoncompliance of the regulatory requirements of
9CFR 313.1(a).

CLOSED143

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M325

EstName

NR#

Date

Task

Clausen Meat
Company Inc.

FBJ491202152
3N-1

02/23/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn February 23, 2018, while performing
antemortem and inspection of the swine pens at
0645 hours, (b) (6)and I,(b) (6) , observed the following
noncompliance. We observed one broken wirefrom a fence barrier protruding into thealleyway. A thick wire protruded upwardly
approximately 6 inches out of the fence.
There were multiple animals present in
the alleyway at the time. The wire fencing wasdamaged and curled, and contained some sharpedges and exposed wire ends. In addition, there
was a loose metal sheet from the holding pen's
door. In this holding pen there were
multiple live market hogs as well. The location of
the protruding wires could cause injury to thecontained animals. A regulatory control action
was taken and U.S. Reject tag #B38098567 wasapplied to the alleyway gate. I informedof the noncompliance and he had the pen
emptied of the live market hogs. (b) (6) had aplant employee trim the wire and tighten themetal sheet from the pen door. The alleyway andgate were released at 0718 hours. This is anoncompliance of the regulatory requirements of
9CFR 313.1(a). This non-compliance is linked to asimilar non-compliance (Humane Handling) which
was observed and documented on 2/20/18. NR#FBJ1206070421N.

CLOSED(b) (6)144

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4928+P4
928

Islamic
Meat &
Poultry Co.

DTD010901382
2N-1

01/18/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn 1/18/2018, at approximately 1100 hours,
while performing a livestock humane handing
verification task (HAT Category IV, Antemortem
Inspection), I, (b) (6), inspected theanimal holding pens. The gate of pen 11 has ametal wire mesh fence panel welded to the gate's
metal framework, and a piece of wire appeared
to have been broken from a weld that previously
was an attachment point to the gate. That wire
was protruding outward into thealleyway space approximately 4 inches, creating a
protruding object hazard that had significant
potential to harm animals. The end of the
protruding wire was also sharp enough to be a
sharp object hazard for animals. The presenceof the protruding sharp object hazard was anoncompliance with title 9 CFR 313.1(a). I applied
U.S. Reject tag BB42126637 to the gate of pen 11.
There were no animals in pen 11, no animals in
the alleyway, no animals could gain access to thehazardous area, and no animals appeared to havebeen harmed by the protruding sharp wire. I also
observed three protruding nail heads in a piece of
2-foot by 8-foot piece of plywood, attached to
the north fence of the small ruminant pen locatedjust north of the beef ramp. The nail heads were
protruding out of the plywood approximately
one-half to three-quarters of an inch, and createdprotruding object hazards for animals, if animals
were placed in the pen. The protruding nailheads were a noncompliance with title 9 CFR
313.1(a). No animals were in the pen or in thevicinity of the nail heads during my observation. I
applied U.S. Reject tag B42126758 to a closed
gate to prevent any animals from entering thepen. I did not observe any animals that appeared
to have been harmed by a protruding object.

CLOSED(b) (6), was notified of my findings. Afternotifying (b) (6)the protruding object
hazards were removed a short time later. I verified

146

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusthe removal of the protruding/sharp object
hazards, an then removed the U.S. Reject tags.
M4928+P4
928

Islamic
Meat &
Poultry Co.

DTD571502281
3N-1

02/12/2018

04C02

Livestock
HumaneHandling

313.1

On 02/12/2018 at approximately 1215 hours
while performing a livestock humane handlingverification task (HATS Category IV, Ante-Mortem
Inspection), (b) (6), andI, (b) (6), inspected theestablishment pens and alleyways. We observed aloose and protruding wire panel attached to theeast fence of pen 11. The top south corner part of
the wire fence panel was loose and protruded into
the pen space approximately 4 to 6 inches,creating a loose and protruding object hazard foranimals. This was a noncompliance with Title 9
CFR 313.1(a). There were two heavy calves in thepen; the animals did not appear to be injured by
the protruding wire panel. Plant management wasquickly notified and the animals were promptly
removed from the pen. I placed U.S. Reject tag
B42126621 to the gate of pen 11 and closed thegate so that no other animals could enter the pen.
Also, we observed a loose and protruding wire
fence panel in pen 5 on the north fence near theright side of the gate opening. The wire fence
panel was separated from the underlying fence
structure and protruded approximately 4 inches
into the pen space. This created a loose andprotruding object hazard if animals were in the
pen and was a noncompliance with Title 9 CFR
313.1(a). No animals were observed in the pen
during this inspection. I applied U.S. reject tag
B42126622 to the gate of pen 5 and closed thegate. No other animals in all the pens appeared tohave been injured by any protruding objects.

(b) (6)
was notified of the noncompliance.

CLOSED147

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4928+P4
928

Islamic
Meat &
Poultry Co.

DTD202002442
3N-1

02/23/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn 02/23/2018 at approximately 1720 hours, I
performed an odd hour inspection of theestablishment's animals and holding pens (HATS
category IV, Ante-mortem Inspection), on a day
when the establishment was not operating. I
observed two nails protruding out of a sheet ofplywood attached to the south fence of the small
ruminant pen that is north of the beef lead-up
chute. The sharp ends of the nails, located near
the small ruminant water container within thepen, were protruding approximately 1.5 inches
out from the plywood and in the direction of the
pen space, which created a sharp and protruding
object hazard for any animals that would beplaced in the pen. This was a noncompliance withTitle 9 CFR 313.1(a). I applied U.S. Reject tag
B42126616 to the gate of the holding pen, andensured the gate was closed to prevent any
animals from being led into the pen. No animals
were in the pen during my finding, and no animals
had access to the pen where the protruding nails
were found. I also observed two small wire fence
panels, constructed of wire bars in a 4-inch by
4-inch pattern, that were lying nearly flat on the
ground in the northeast corner of the pen. The
fence panels were approximately 1.5 feet by 1.5
feet in size, and one end was approximately 3
inches off the ground, resting against the pen
fence structure. These fence panels lying on thefloor of the pen had significant potential to cause
small ruminant feet or leg entrapment if theanimal stepped through the space between thethin bars in the panel. This was a significant
hazard of entrapment especially if two feet of agoat or lamb stepped into the same 4-inch space
between fence panels bars at the same time. The
fence panel material lying on the pen floor alsopresented a trip hazard for any animals if placedin the pen, and demonstrated that the pen was
not maintained in good repair. This was anoncompliance with Title 9 CFR 313.1(a). I placed

OPEN

148

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
U.S. Reject tag B42126617 to the gate of pen 4,
and ensured that the gate to pen 4 was closed sothat no animals could be led into the pen. Pen 4 isfrequently used for holding small ruminants;
however, during this inspection no animals werein the pen. (b) (6)was notified of thenoncompliance.

Status149

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4928+P4
928

Islamic
Meat &
Poultry Co.

DTD311805301
6N-1

05/15/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn 05/15/2018 at approximately 0400 hours
while performing an odd hours inspection (HATS
category IV, Ante-mortem Inspection), I inspected
the establishment’s live animals and holding pens.
I observed two nails protruding out of plywood
attached to the north fence of the small ruminant
pen that is adjacent to the beef lead up chute; thisis the pen used for staging animals prior
to moving them into the facility. The head ends ofthe nails were protruding approximately 1 inchout from the plywood surface and in the directionof the pen space; both nails were approximately
12 inches above the pen floor. The protruding
nails created a protruding object hazard for any
animals that would be placed in the pen. This wasa noncompliance with Title 9 CFR 313.1(a). I
applied U.S. Reject tag B42126577 to the entranceof the holding pen. No animals were in the pen
during my finding, no animals appeared to havebeen previously injured by the nails, and noanimals had access to the area where theprotruding nails were found. I also observed a2-foot by 8-foot fence panel, constructed ofcrisscrossing metal bars, that was attached to thebottom portion of the gate of pen 10. The west
end of this wire fence panel was completely loose,
and was bending at that end, causing it toprotrude approximately 6 to 8 inches into the pen
space. There were no animals in Pen 10. This loose
fence panel had significant potential to cause
small ruminant head entrapment if any animals
were held in the pen. This demonstrated that the
pen was not maintained in good repair. This was anoncompliance with Title 9 CFR 313.1(a). I placed
U.S. Reject tag B42126578 to the gate of pen 10,
and ensured that the gate to pen 10 was closed sothat no animals could be led into the pen. There
was no evidence that an animal had previously
been trapped or injured by the loose fence panel.

OPEN(b) (6), was notified of the noncompliance.

150

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M4969+P4
969

J J Meat Co.

JCO2412030201N-1

02/28/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.16(b)(1)(ii)

At approximately 1230 hours while performing
HAT activities outside near the knocking area, thefollowing noncompliance was observed. At thetime of my observation, there were two bob veal
calves that appeared non ambulatory therefore
the (b) (6)) took action byattempting to promptly knock the two calves.
The employee grabbed the portable captive bolt
stunner gun and attempted to stun the first calf.
The captive bolt gun misfired causing a failed
attempt. He attempted two more times and wasagain unsuccessful. After three misfires, thecaptive bolt stunner properly fired and the calf
was successfully euthanized. The calves were notinjured during these failed attempts. Please notethat these were not forms of egregious acts. The
establishment employee continued to the second
calf and attempted to stun it with the same
portable captive bolt gun. The first attempt was
unsuccessful. He properly stunned the calf on thesecond attempt. I immediately informed Mr.
Javier Juarez Jr. (Plant Manager) of theforthcoming noncompliance record being
documented for this deviation. The
establishment failed to comply with 9CFR
313.15(b)(ii). Stunning instruments must be
maintained in good repair.

CLOSED151

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
appearance of consciousness on numerous
missed birds, at approximately 1517 hours, I tooka regulatory control action and instructed the live
hang (b) (6)to stophanging birds in line 4. I asked (b) (6)tocall the (b) (6)or
Plant 2 (b) (6).
When (b) (6)arrived in the slaughter floor
I informed him that I stopped live hang becauseof IPP's observation of numerous cadavers at the
pre-sorter station and my observations in the killroom. After confirming that hanging had
stopped and birds have passed by the kill room, I
immediately went back to the pre-sorter area andinformed me that since I left the(b) (6)pre-sorter person pulled out additional 10 to 15
birds more with the characteristic appearance of acadaver without evidence of neck cuts. Plant 2
and I,(b) (6)(b) (6)went to the pre-sorter area to look at
the counters to determine the number of cadavers
recorded by the pre-sorter person assigned whichshowed 28 recorded cadavers. I informed (b) (6)(b) (6) that I will not allow them to start the line
until the establishment provided acceptablecorrective actions. He then informed me that they
will shift and continue the slaughter of theremaining birds to line number which duringthat time had ceased operation at lunch time, andwhich was not having any issues. This incidence
is a Non Compliance of 9CFR 381.65 which statesthat “ Poultry must be slaughtered in accordancewith good commercial practices in a manner thatwill result to thorough bleeding of the carcass andensure that breathing has stopped prior toscalding” PPIA and Agency Regulations do
require that live poultry be handles in a mannerthat is consistent with good commercial practices,and that they not die from other causes otherthan slaughter. Please review Federal Register
Notice Vol. 70, No 187, published September(b)Status153

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
2005 (Docket No. 04-037N) for FSIS
recommendations concerning treatment of live
poultry before slaughter.

Status154

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

M6137+P6
137

Foster Farms

BXL0514033620N-2

03/19/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn March 19, 2018 at approximately 1505
hours , (b) (6)informed me that she
observed numerous cadavers without a neck cut
at the pre-sorter station of Line in Plant 2. After(b) (6) informed me of the cadavers, she
immediately called live hang in plant 2 andinformed (b) (6)about
the numerous cadavers she observed. According
to (b) (6)responded that he would take a look at the
problem. Upon (b) (6) return to the pre-sorter
station, (b) (6)arrivedat the pre-sorter station and looked at thecarcasses in the condemned barrel, removed oneof the cadavers from the barrel with an uncut
neck, and took it with him as he left the pre-sorterarea. Upon my arrival at the pre-sorter area, I,, looked at the barrel and saw(b) (6)
numerous birds with a characteristic appearanceof a cadaver, and confirmed that the birds were
cadavers as evidenced by the uncut neck area. I
immediately went to the kill room where the auto
killer was and saw (b) (6)(b) (6) checking the situation and giving
instructions to two employees in the kill room.
There were two back-up neck cutters in the killroom but one of them appeared inexperienced, as
evidenced by the way he handles the knife andthe way he makes the cut. (b) (6)confirmed mysuspicion. I also observed that there were asignificant amount of birds that were being
missed by the automatic kill machine.
Additionally, numerous birds that were missed by
the kill machine were conscious as they approach
the area of the back-up neck cutter as evidenced
by the birds lifting and positioning their heads
behind their body. Due to the establishment’s
failure to take corrective actions and address thesituation as evidenced by the auto kill machine
missing a significant amount of birds and the

CLOSED(b)155

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
appearance of consciousness on numerous
missed birds, at approximately 1517 hours, I tooka regulatory control action and instructed the live
hang (b) (6)to stophanging birds in line 4. I asked (b) (6)tocall the (b) (6)or
Plant 2 (b) (6).
When(b) (6)arrived in the slaughter floor
I informed him that I stopped live hang becauseof IPP's observation of numerous cadavers at the
pre-sorter station and my observations in the killroom. After confirming that hanging had
stopped and birds have passed by the kill room, I
immediately went back to the pre-sorter area andinformed me that since I left the(b) (6)pre-sorter person pulled out additional 10 to 15
birds more with the characteristic appearance of acadaver without evidence of neck cuts. Plant 2(b) (6)and I,(b) (6)went to the pre-sorter area to look at
the counters to determine the number of cadavers
recorded by the pre-sorter person assigned whichshowed 28 recorded cadavers. I informed (b) (6)that I will not allow them to start the line
until the establishment provided acceptablecorrective actions. He then informed me that they
will shift and continue the slaughter of theremaining birds to line number which duringthat time had ceased operation at lunch time, andwhich was not having any issues. This incidence
is a Non Compliance of 9CFR 381.65 which statesthat “ Poultry must be slaughtered in accordancewith good commercial practices in a manner thatwill result to thorough bleeding of the carcass andensure that breathing has stopped prior toscalding” PPIA and Agency Regulations do
require that live poultry be handles in a mannerthat is consistent with good commercial practices,and that they not die from other causes otherthan slaughter. Please review Federal Register
Notice Vol. 70, No 187, published September(b) (4

Status156

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status

2005 (Docket No. 04-037N) for FSIS
recommendations concerning treatment of live
poultry before slaughter.
M9008+P9008

Johansen's
Quality MeatsFBE461505371
5N-1

05/15/2018

04C02

Livestock
HumaneHandling

313.1

On 05-15-2018 at approximately 1250 hours, a
non-compliance was observed with the traction
planks, which are affixed to the ramp, in which
livestock travel, leading to the slaughter floor. The
planks in question had several wood screws
protruding the surface, some broken andmissing and it was deemed potentially harmful tolivestock which may trip and fall, due to the
protruding screws, when being moved up to theslaughter floor. U.S. Rejected tag# B43368913
was placed on the pen door leading to the ramp.
Mr. Darren Rosen(Plant Manager) was notified of
the non-compliance at approximately 1300 hours.

CLOSED157

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M454+P49
88+V454

Owyhee Meat
Company

HKD031202382
1N-1

02/20/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(a)(3),
313.2,
313.2(f)On 21 February 2018, I (b) (6) was on the killfloor at Est. M454 at approximately 0948 hours
by the head was station observing the knocking
box while performing a . An angus steer was
stunned, went down, the knocker had a second
captive bolt in his hand but did not use it.
(appears was not sure animal was unconscious),
The Knocker put the 2nd bolt in the holder andbegan to be busy with chains not watching thesteer ‘s head which was still actively moving. The
steer bellowed and when hit with water blinked
his eye twice. The knocker did not respond until(b) (6) had to yell at knocker to knock him
again. Seconds passed by before that could be(b) (6)
accomplished. This scenario was witnessed byalso on the kill floor from a different angle.
A second knock was performed successfully andthe animal was rendered fully unconscious. The
HH prerequisite program of this plant requires
employees to observe for eye movement andunconsciousness and not hoisted until
unconscious. Directive 6900.2 also under
Mechanical; Captive Bolt 2) p.30 states: “Captive
blot stunners shall be applied to livestock so as toproduce immediate unconsciousness in the
animals BEFORE they are shackled, hoisted,
thrown, cast or cut. Their program does provide
for a security knock. The employees involved
have been reportedly trained on humane handlingconfirmed by (b) (6)in the weekly meeting last week. Implementationof the program is a recurring issue. (b) (6)was notified that this is
an implementation and perhaps a training issue.
There is concern that this establishment does notconsistently and effectively implement theiranimal handling program over time.

CLOSED158

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M454+P49
88+V454

Owyhee Meat
Company

HKD031202382
1N-2

02/20/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn February 21, 2018, I, (b) (6) was on the killfloor at approximately 0900 hours washing myhands on the sink behind the head wash station,
when I observed that plant employee was having
trouble bringing the animal into the knock box. I
opened the door leading to the outside of theknock box to see what the holdup was. I observed
an employee poking the animal on the side with
the inactivated hot shot several times to try to get
it to move; another employee was using thepaddle on the rump then started hitting theanimal on the head repeatedly with the side thepaddle with excessive force. I informed (b) (6)that this was not an
acceptable practice. (b) (6)verbally
stated to me that this employee would not be
placed in this position anymore. 9CFR 313.2 (b)states in part that Electric pods, canvas slappers orother implements employed to drive animals shallbe used as little as possible in order to minimize
excitement and injury as well as stated in FSIS
Directive 6900.2 Revision 2.

CLOSED159

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M454+P49
88+V454

Owyhee Meat
Company

HKD121702012
3N-1

02/21/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

Hats Task Category VI Electric
Prodding/Alternative Object Use On February 21,
2018, I, (b) (6) was on the kill floor atapproximately 0900 hours washing my hands on
the sink behind the head wash station, when I
observed that plant employee was having trouble
bringing the animal into the knock box. I opened
the door leading to the outside of the knock box
to see what the holdup was. I observed an
employee poking the animal on the side with theinactivated hot shot several times to try to get it
to move; another employee was using the paddle
on the rump then started hitting the animal on
the head repeatedly with the side the paddle withexcessive force. I informed (b) (6)
,
that
this
was
not
an
acceptable(b) (6)practice. (b) (6)verbally stated to me
that this employee would not be placed in thisposition anymore. This is noncompliance with
9CFR 313.2 (b) Handling of livestock which statesin part that Electric pods, canvas slappers or other
implements employed to drive animals shall be
used as little as possible in order to minimize
excitement and injury as well as stated in FSIS
Directive 6900.2 Revision 2.

CLOSED160

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7722+P7
722+V7722

Jones
Meat & Food
Services, Inc.

SAN331
2013009N-1

01/09/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

At approximately 9:50 am while performing HATSVIII task I, (b) (6), approved the useof the chute for knocking a large Holstein withlimited mobility that would have been unduly
difficult to coerce into the knocking box. The sizeof the chute was the approximate space of theknocking box. The first attempt to stun the
animal with the .22 mag was ineffective. The cow
staggered momentarily, knuckling on its front
feet. The cow did not vocalize but was stillvisually conscious based on the eye movement
and response to the environment. The cow thenstood fully upright, looked side to side and tried
to back out of the chute. The (b) (6)retrieved a second round for the .22 magfrom approximately 5 ft away, reloaded the rifle
and applied a second shot. The second shot was apoll knock which was effective at rendering theanimal unconscious. The time between the firstand second knock was approximately 1 min. I
tagged the chute with U.S. Rejected
NO.B41003550. Brent Jones was informed thatno more cows would enter the chute for slaughter
until the tag was pulled. Examination of the skull
showed 2 bullet holes. The first, ineffective, hole
was placed high and to the left. The second wasan effective poll knock. This is a non-compliancewith 313.6 (a)(1) which requires the animal to berendered unconscious on the first attempt. This
non-compliance is linked with the previous
non-compliance SAN4909125321N.

CLOSED161

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7722+P7
722+V7722

Jones
Meat & Food
Services, Inc.

SAN221301161
7N-1

01/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 8:30 am while performing HATS
II task, I (b) (6), observed theunloading of 15 Jersey Dairy Cows. 1 out of the
15 cows was facing the front of the trailer and fell
off the back of the trailer when the other cows
pushed forward. The fall was approximately 1
foot. The cow struck its left hip/ lumbar region on
the ground. The cow was able to raise unharmed
and walk normally to the pen after the fall. Then
at approximately 12:40 pm while observing
unloading of 10 Jersey Dairy Cows 1 cow jumped
off the trailer, about 1 foot from trailer to ground,on landing it fell to its right hip. The cow wasagain able to rise unharmed and proceed to thechute. This meets the FSIS definition of a fall:
When an animal loses an upright position
suddenly, in which a part of the body other thatthe limbs touches the ground or floor. Brent
Jones, establishment owner, was notified that thisis a non-compliance with of 9 CFR 313.1(b);which required pens, driveways and ramps to be
maintained so as to provide good footing forlivestock.

CLOSED162

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7722+P7
722+V7722

Jones
Meat & Food
Services, Inc.

SAN341401061
7N-1

01/17/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

At approximately 12:40pm while performing
HATS VII task, I (b) (6), observed
the establishment owner, Brent Jones, and, moving cows. This(b) (6)
was a group of dairy cows. While trying toseparate a Holstein from the group Jersey Cow
next to it was startled and lost its footing. The
floor of the coral was slick and manure covered at
the time. The Jersey cow fell to its right side. The
Jersey was allowed to rest for a few minutes thenan attempt was made to get the cow to rise using
the hot shot. The Jersey was able to move onto
its left side but was unable to rise. After a second
attempt to get the cow to rise failed the cow wascondemned on ante-mortem re-inspection andshot in the pen. Establishment owner, Brent Jones
was informed that this is a non-compliance with
313.1(b); which requires pens, driveways andramps to be maintained so as to provide goodfooting for livestock, and 313.2(a); which
requires driving of livestock to be done with aminimum of excitement and discomfort.

CLOSED163

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7722+P7
722+V7722

Jones
Meat & Food
Services, Inc.

SAN101501022
5N-1

01/25/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusAt 1:30 pm while performing HATS II task I, (b) (6), observed the unloading of 2
Holstein Dairy Cows. The first cow was
non-weight bearing on it's right front foot. Whenit stepped the approximately 1 to 2 ft off the backof the trailer it slipped on the left front but did not
fall. It then ambulated approximately 10 ft to thestart of the chute to the knocking box. The
second cow unloaded right behind it. As plant
employee, (b) attempted to move the first cow(6)
forward the second cow turned and headed backonto the trailer. In the act of jumping back onto
the trailer the second cow's rear legs were unable
to get good traction in the trailer and it fell to its
left hip and laid down in the trailer. The first
cow then started to advance in the chute. It was
unable to find good footing for its left front footand the cow fell onto it's sternum. (b) (6)attempted to get the cow to rise with electric
prod. On the first attempt the cow vocalized andwas unable to rise. I condemned the first cow as
non-ambulatory, Z8353306. The first cow wasshot in the chute and disposed of. The second
cow on the trailer was allowed to rest for
approximately 10 min, then was able to rise on its
own and walk into the knock box. (b) (6)and plant owner, Brent Jones,
were informed that this is a non-compliance with
9 CFR 313.1 (b); which required pens, driveways
and ramps to be maintained so as to provide goodfooting for livestock.

CLOSED164

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M8120+P8
120+V8120

Wood's Meat
Processing, Inc.

ETI5216051709N-1

05/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn May 9, 2018 at approximately 08:00 hours,
observed the following
non-compliance while performing the PHIS
Livestock Humane Handling task. Pens four andfive each had two beef in them and the automaticwaterer between the pens was empty. Pen one
had four hogs and they had no water. I asked Mr.
Angus Travers, plant manager, to accompany meto the pens and showed him there was no waterin pens one, four, and five. Mr. Travers
immediately provided water to the livestock
therefore no USDA Retained tag was put in place.
The establishment has failed to meet theregulatory requirements of 9 CFR 313.2(e)which states in part "animals shall have water inall holding pens". Mr. Travers was notified
verbally and Mrs. Louise Wood, owner, in writing
with this non-compliance report. No similar NRs
have been written in the preceding 90 days.

OPEN(b) (6)165

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M9228+P9
228+V9228

EstNameCarltonPackingCompany

NR#

Date

Task

YQB331702162
1N-1

02/21/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.30 (a)(2)

At 1354 hrs on 2/21/2018 I (b) (6))
observed the establishment fail to minimize theexcitement and discomfort of two market hogs in
the knockbox while verifying HATS Category VIII. I
observed the establishment employee effectively
stun a market hog and during the process ofhanging and sticking the stunned animal, I heard
loud squealing coming from the approximately 6market hogs remaining in the knockbox. One hog
was squealing loudly while the other animals weremoving around the knockbox in an excitedmanner and I observed that it was unable to standon its rear limbs while trying to move with therest of the excited hogs in knockbox. The plant
employee completed sticking the hanging carcass
and then came back to the knocking area at whichtime I instructed him to turn off the electricalstunner. At this time I observed one hog on the
ground flailing its limbs and the plant employee
delivered an immediate effective stun with a hand
held captive bolt gun. The plant employee thenretrieved a second hand held captive bolt gun
from outside the knockbox and delivered aneffective stun to the market hog that was unable
to stand on its rear limbs. (b) (6)was observing this incident
from inside the slaughter floor and I informed him
at 1400 hrs that I was taking a Regulatory Control
Action by rejecting the knockbox with U.S. Tag
B42124931. (b) (6)volunteered to review
the video monitoring of the knockbox with me in
his office at 1420 hrs. Based on the video footage,
the two affected market hogs came into contact
with the hanging electric wand and reacted
excitedly. The first hog backed into the wand at
1354:00 and immediately went into lateralrecumbancy displaying signs of tonic-clonicseizure. This animal was effectively stunned byhand held captive bolt at 1354:30. The second
hog made contact with the wand at 1354:05 andimmediately displayed hind limb paresis as it

CLOSED166

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusexcitedly moved away from the stunning wand.
The second hog was effectively stunned by hand
held captive bolt at 1354:50.
M9230+P9
230

DaytonNatural Meats,
LLC

KDD271802040
6N-1

02/06/2018

04C02

Livestock
HumaneHandling

313.2

While performing Humane Handling Activities
Tracking System (HATS) Category II Trailer
Unloading on 2/06/2018 at approximately 1400
hrs I (b) (6)) observed two goats
escape from the facility during unloading from theside door of a gooseneck livestock trailer. The twogoats escaped through a gap between the trailer
and unloading dock and ran into the wooded area
North of the establishment’s antemortem pens. In
conversation, (b) (6)informed me that a goat
had escaped during unloading after official
inspection hours on 01/30/2018. The
establishment has failed to drive goats from theunloading ramps to the holding pens with aminimum of excitement to the animals.

OPEN

167

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9246+P9
246+V9246

Crystal Creek
Meats

IIA0617010025N-1

01/25/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

At approximately 1245 while performing the
livestock humane handling task HATS category
VIII, (b) (6)observed the stunning of amarket hog by plant manager Kyle Barklow with ahandheld captive bolt stunner. Mr. Barklow
administered one blow to the hog. The animal
failed to be rendered unconscious and begansquealing loudly. Within 5-10 seconds, Mr.
Barklow had administered a second stun with acaptive bolt stunner and the animal was fully
unconscious. (b) (6)verified that the animal
was unconscious prior to it being removed from(b) (6)the stunning area and being hung and bled.
, was walking towards the stunningarea at this time and heard the pig begin
squealing. She confirmed that the second stun
was administered immediately upon the pig
beginning to squeal, but was unable to see thefirst stun. The slaughter line was immediately
halted. The head of the pig was skinned and twoholes were present. One hole was on midline
caudodorsal to the eyes and one hole wasapproximately 1 cm left of midline. Brain material
was oozing out of both holes. Mr. Jacob
Shepherd, plant owner, was then informed thatfailing to render an animal unconscious on thefirst stunning attempt is a non-compliance with 9
CFR 313.15(a)1.

CLOSED168

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M9252+P9
252+V9252

EstName

NR#

Date

Task

Bright Oak
Meats, Inc.

GHD39
100355
09N-1

03/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusAfter preforming livestock humane handling task,
category III water and feed availability at
0740, (b) (6)informed me ((b) (6)that the 10 cattle in the pen #2 have noaccess to water. The water container wascompletely empty. I immediately informed

CLOSED(b) (6)of the failure to meet CFR regulation 313.2(e)Handling of livestock. Water was provided for the
animals at about 0750. The requirements of 9
CFR 313.2 (e) read: Animals shall have access towater in all holding pens at all times and if held
longer than 24 hours access to feed. There shall be
sufficient room in the holding pens for animals
held overnight to lie down. This documentation
serve as written notice of noncompliance thatplant failed to meet Animal Humane Handlingregulations 313.2(e) on this day. No similar
noncompliance in the last 90 days. You are
hereby advised of your right to appeal thisdecision as delineated by 306.5 and/or 381.35 of
9 CFR.

169

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9264+P9
264+V9264

Malco's
Buxton Meat
Co

QSH011604351
2N-1

04/12/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(b)(1)(iii)

HATS Category VIII Stunning effectiveness. At
0810 while observing (b) (6), knock the only beef animal to beslaughtered today I, (b) (6), witness theknock to be ineffective as the animal moved justas (b) (6)) pulled thetrigger. During the knocking, the animal was
skittish inside the knock box, I observed (b) (6)taking his time prior to knocking it. It dropped,
then immediately rose to a standing position,rhythmic breathing was observed. (b) (6)
immediately reloaded the hand-held captive bolt
knocking gun without any problems and stunned
the animal a second time successfully. This is inviolation of 9 CFR 313.15 (a) which states: “(1)The captive bolt stunners shall be applied to thelivestock in accordance with this section so as toproduce immediate unconsciousness in the
animals before they are shackled, hoisted, thrown,
cast, or cut. The animals shall be stunned in such amanner that they will be rendered unconsciouswith a minimum of excitement and discomfort.”
The lag time between the two stuns wasapproximately 30 seconds. The animal was not ina head restraint, though a head restraint isconnected to the knock box. The animal wasrolled onto the slaughter floor, the eye waschecked for reflex then determined to be stunned
insensible. The animal was then shackled, hoisted
and bled out without any signs of consciousness.
After the successful stun, I inspected the headrestraint which appears designed for small
animals and animals without horns. I had aconversation with (b) (6) regarding the headrestraint; he explained that the restraint
mechanism does not work properly and is too
small for most of the animals that are slaughter
here. Per instructions the slaughter was halted.
U.S. Reject tag #B30 449484 was placed on theknock box at approximately 0845 hours. Afterconsultation with SPHV the tag was removed

OPEN

170

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusallowing slaughter to resume at 1100 hours.
and Plant
Manager, Eddie Malkovsky were verbally
informed of the noncompliance and that a NR
would be issued. This establishment is under a
Verification Plan triggered from a Suspension of
Slaughter that is Held in Abeyance dated
04/05/18. This NR is written notice that
continued failure to meet regulatory requirements
could lead to additional regulatory action.

(b) (6)

M9265+P9
265

Marks Meat,Inc.

CFJ590901123
1N-1

01/31/2018

04C02

Livestock
HumaneHandling

313.2

On Tuesday, January 30, 2018, at approximately
1400 hours, (b) (6)observed 5 hogs in pen
11 that did not have access to water. A plant
employee was notified and asked to correct the
deficiency. Shortly after this notification
inspection personnel verified that a bucket ofwater was made available to the hogs. Plant
management was also notified by (b) (6).
This incident is in non compliance with 9 CFR
313.2(e). There have not been any similar noncompliance reports written in the last 90 days.

CLOSED171

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9265+P9
265

Marks Meat,Inc.

CFJ221102352
6N-1

02/26/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn February 26, 2018 at approximately 8:45am(b) (6)
while observing truck unloading at Est 9265.
and (b) (6)observed the following non-compliance. A
customer arrived to drop off sheep. The sheep
were in the bed of a pickup inside of a crate. The
customer lowered the tailgate of the truck andpulled the animals off the back of the pickup overa drop of approximately 3 feet. Using a halter on
the first animal the customer pulled the animal
into the holding pens. The second animal did nothave a halter and the customer pulled the animal
into the holding area using a front limb. The
animals remained on their feet during the entire
process; conscious animals were not being drug
they were being pulled rather than driven into theholding pens. The animals didn’t appear to be in
any pain or discomfort; rather, the animals
appeared confused and disoriented. This is
non-compliant with 9 cfr 313.2 (a) Driving of
livestock from the unloading ramps to the holding
pens and from the holding pens to the stunningarea shall be done with a minimum of excitementand discomfort to the animals. Livestock shall not
be forced to move faster than a normal walking
speed. Establishment owner James Serlin was
immediately notified of the issue and he spoke tothe customer to address the issues. Whenunloading animals at the establishment clients ofthe establishment are considered to be operating
on behalf of the establishment, therefore, any
issues that arise regarding humane treatment ofanimals are the responsibility of theestablishment. Ensuring anyone dropping off
animals at the establishment is properly trained
and understands the regulations regarding
humane handling of livestock is necessary toensure that animals are treated humanely andinjury to the animals is prevented.

CLOSED172

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9265+P9
265

Marks Meat,Inc.

CFJ151003320
6N-1

03/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category II and VI At approximately 1415
hours on Monday, March 05, 2018, I, (b) (6)observe the unloading of sheep from a
24 foot animal hauler arriving at Marks Meats in
Canby, Oregon. As the driver attempts to open
the rear doors to the trailer I observe the driverswinging a plastic paddle over the heads of the
sheep and making contact. As the sheep reactand move away from the immediate area 2 to 4
sheep are observed laying on their sides beneaththe 3 or 4 which departed that zone. A scan ofthe entirety of the trailer shows that it is packed
with sheep and no open space is available. I ask
the individual unloading the trailer to stop hitting
the animals over the head and allow the sheep
which are lying down to get up. He states that iswhat he is trying to accomplish. I then ask if, in
his opinion, the trailer is large enough to handle
this many sheep. He states he does not know, heis just a driver. He states that the rancher or his
staff loads the trailer and he just unloads it. I ask
him how many sheep are in the trailer and hestates 57. I immediately go to the establishment
front office to notify plant owner James Serlin of
the issue and ask him to come out and discuss thismatter with the driver. I explain my concerns ofovercrowding in the trailer and the actions of thedriver hitting the animals over the head with theplastic wand. Mr. Serlin has a short talk with thedriver and then states to me that he explained theestablishment’s animal handling protocols and theones specific to USDA’s humane handlingregulations. Mr. Serlin states that he and thedriver will convey to the animal owner the issuesof overcrowding in the trailer and that theestablishment will not accept animals in thiscondition the next time a trailer arrives in suchcondition. Subsequent inspection of unloaded
animals in pens shows that all are walking or
upright. Mr. Serlin confirms the sheep count at
57. (b) (6)notifies agency supervision at

CLOSED(b) (173

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
approximately 1440 hours. This non-compliancereport is being linked to NR#2211023526 and isindicative of a trend of non-compliance at thisestablishment. Previous corrective actions were
either not effectively implemented, or noteffective at preventing further non-compliance onbehalf of the establishment. Please provide
further corrective actions that will be taken inorder to prevent these occurrences and ensurethat animals are treated humanely and according
to federal regulations. Continued non-compliancewill result in further regulatory control action
begin taken on behalf of the agency in accordancewith 9 CFR part 500.

Status174

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9265+P9
265

Marks Meat,Inc.

CFJ121504522
7N-1

04/27/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn Friday, April 27, 2018, I, (b) (6)had just
finished a Livestock Ante Mortem inspection of
three beef housed in three separate pens of theestablishments barn. While walking back to theinspection office I heard a thump in the barn andturned to notice one of the beef in pen #23 on all
fours with its chin on the ground. The animal
righted itself and was able to maintain its balance
and weight. Inspection of the pen floor showed
accumulation of various species/forms of feces,dirt, mud and water. After confirming with anthat the animal did slip and go(b) (6)
down I asked if there were plans to clean the penssoon. He stated he would ask management. Afterconfirmation that the animal was mobile and freeof severe pain (no vocalization or limping) I
notified James Serlin and (b) (6)of theoccurrence. James stated that the pens have notbeen cleaned recently due to the septic tank being
full and any runoff would increase water load andcause problems. He also stated that those penshave not been washed down in years and are only
scrapped, shoveled and swept. (b) (6) asked if it was
not acceptable for animals to slip and fall downwhen on plant premises. I responded that FSIS
expects pens, driveways and loading ramps to beconstructed in a manner that helps reduce slips
and falls. Although slips and falls do happen
occasionally, it is the establishments responsibility
to take actions that will prevent and eliminate
such occurrences. Sand and straw have beenutilized in the past to help prevent theseoccurrences but as of late no such actions havetaken place despite verbal notifications by IPP
that the pens were becoming slippery. Thisissuance of this report is notification of
non-compliance with 9 CFR 313.1(b). Review ofrecords show no similar cause NR's in the last 90
days.

CLOSED175

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusM9270+P9
270+V9270

Mt. Angel
Meat Co.

QYB480904091
8N-1

04/17/2018

04C02

Livestock
HumaneHandling

313.16(a)(1)

HATS category VIII stunning effectiveness On
04/17/2018 at establishment #M9270 at
approximately 1326 (b) (6)heard agunshot that was for stunning a large sow.
Immediately afterwards (b) (6)heard thesow vocalize loudly. When(b) (6)arrivedat the location he noticed that the sow was lying
on its side and had stopped vocalizing, but wasshowing signs of rhythmic breathing. The
establishment employee who conducts thestunning asked (b) (6)if he should
administer another stun attempt. (b) (6)answered in the affirmative. Another stunattempt was administered, successfully rendering
the sow insensible. The estimated time between
stunning attempts was approximately 1 minute.
applied U.S. Reject Tag(b) (6)#B37852075 to the Stunning Area after conferringwith (b) (6)via phone. A review of theestablishment's compliance history failed toreveal an associated noncompliance documented
within the last 90 days.

CLOSED

M12426+V
12426

AndradeSlaughterhouse

ECK380305180
7N-1

05/02/2018

04C02

Livestock
HumaneHandling

313.2

Andrade Slaughterhouse: At approximately 0258
hours, while I was performing PHIS task, Humane
Handling-Good Commercial Practice, Livestock
Humane Handling, I observed two of the holding
pens did not have water access for the animals.
This issue had been discussed with Kevin
Blackstad, General Manager, during Establishment
Awareness Meeting, on 4/11/2018 and4/18/2018. In accordance with 9 Code ofFederal Regulations, Part 313.2(e), Revised as ofJanuary 1, 2018, states: (e) Animals shall haveaccess to water in all the holding pens and, if held
longer than 24 hours, access to feed. Further
planned corrective action is addressed in responseto this NR by the establishment.

CLOSED176

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P533

EstName

NR#

Date

Task

TaskName

Regs

Hain Pure
Protein
Corporation FreeBird East

AKB280901392
4N-1

01/24/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusAt P533 Hain Pure Protein on 1/24/2018 at
approximately 0600 hours (b) (6)informed me, (b) (6), that henoted empty shackles while on the evisceration
floor; we went immediately to live receiving
where we found that a total of 83 birds had diedon the transfer belt from the unloading area tothe shackling area. By the time we arrived to live
receiving most of the dead birds had been
removed from the transfer belt and condemned.
(b) (6) informed (b) (6), and Tom Cazee, Assistant Plant
Manager, of our observations; a mechanicalfailure was cited as the cause of the issue. Tom
Cazee showed me a video illustrating how thechain that runs the belt was getting stuck, withthe result that birds were being packed together
on the belt and suffocating. After gathering
information about the incident and viewing thecamera footage from earlier that morning, Tom
Cazee and (b) (6)were notified of my intention towrite a noncompliance report. Previous
preventive measures for this issue included verbal
warnings to employees, re-training of employees,
repairs to the transfer belts and brake system, andthe installation of a camera system. These havefailed in preventing the occurrence of similar
circumstances as documented in a previous
noncompliance report on 12/15/2017 (NR#AKB4810120815N). This is the fifth instance
where the establishment lost control of its process
resulting in the deaths of a large number of birds
by means other than slaughter; this indicates thatthe establishment is unable to prevent these
problems from occurring which represents
noncompliance with 381.65(b). At
approximately 0630 hours (b) (6) and I
returned to live receiving and found (b) (6), removing birds
whose necks were not cut from the line between

CLOSED177

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
the neck cutter and the scalder. I noted that there
was a greater than normal number of birds
flapping their wings and that some had not had
their necks cut at all. At this point (b) (6)requested that the plant stop hanging live birds
until the issue was resolved. I was informed byand (b) (6) that a newly trained(b) (6)
employee had been acting as a back-up neckcutter and that they had replaced him with amore experienced employee. Once I verified this,live hanging was allowed to continue. A total of
15 cadavers were taken off the line after thescalder by plant employees, indicating that live
birds were entering the scalder and dying bymeans other than slaughter. I notified (b) (6)and Tom Cazee of my intention to write anoncompliance report. In both cases, the large
number of birds that died by means other thanslaughter is evidence of a process out of control
and represents noncompliance with 9 CFR
381.65(b). The PPIA (21 U.S.C. 453(g)(5)), and 9
CFR 381.90, provide that poultry carcasses
showing evidence of having died from causes
other than slaughter are considered adulterated
and must be condemned.

Status178

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P533

EstName

NR#

Date

Task

TaskName

Regs

Hain Pure
Protein
Corporation FreeBird East

AKB091
201452
6N-1

01/26/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusAt P533 Hain Pure Protein on 1/26/2018 at
approximately 0845 hours, (b) (6)noted
empty shackles while on the evisceration floor
giving breaks to the food inspectors. After
finishing breaks at 0920 (b) (6) was informedby Tom Cazee, Assistant Plant Manager, that a
total of 20 birds had died on the transfer belt fromthe unloading area to the shackling area. Aftergoing to the live receiving area, (b) (6) spoketo (b) (6), and, who were(b) (6)
unaware of the cause of the problem at that time.
(b) (6) informed Tom Cazee that he was going
to contact the SPHV. I traveled from anotherestablishment (P1304 Farmer’s Pride) and by thetime I arrived to live receiving at P533 all deadbirds had been removed and condemned andoperations were proceeding normally. After
gathering information about the incident andviewing the camera footage from earlier thatmorning, Tom Cazee was notified of my intention
to write a noncompliance report. Plant
management cited a mechanical issue with thebearings, which were replaced. Maintenancemanagement also stated that they would increase
the speed of the transfer belt. The large numberof birds that died by means other than slaughter isevidence of a process out of control andrepresents noncompliance with 9 CFR 381.65(b).
Previous preventive measures included verbal
warnings to employees, re-training of employees,
installation of a camera system, and repairs to thetransfer belts, brake system, and chain that runs
the belt. These have failed in preventing theoccurrence of similar circumstances as
documented in a previous noncompliance reporton 1/24/2018 (NR AKB2809013924N). The PPIA
(21 U.S.C. 453(g)(5)), and 9 CFR 381.90, providethat poultry carcasses showing evidence of having
died from causes other than slaughter are
considered adulterated and must be condemned.

CLOSED179

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M791+P79
1+V791Clemens FoodGroup, LLC

MXL1314015904N-1

01/04/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII - Stunning Effectiveness On
January 4, 2018, at approximately 0530 hours,
while performing humane handling verification
activities in the suspect pen at Est. 791 I (b) (6)observed the following
Noncompliance. The establishment employee
applied a captive bolt stunning device to the headof a market hog. As the stunner made the firststunning attempt with the captive bolt, the hog
moved its head up. The stunning attempt hit thehead as evidenced by the hog's sudden movementaway from the stunner and a penetrating hole on
the top of the head where the captive bolt hit,
however the hog remained in sternal recumbency
and vocalized. The stunner took immediate
corrective action by re-loading the captive boltand delivering a second stun, which made the hog
insensible. (b) (6)was notified of the Noncompliance and theEstablishment’s failure to adhere to the regulatory
requirements of 9 CFR 313.15(a)(1).

CLOSED180

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID4410014004N-1

01/02/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS CATEGORIES FOR VERIFICATION Category
I-Inclement Weather Category III- Water andFeed Availability On Tuesday, 01/02/18, atapproximately 0800 hours, IPP informed me of
the following noncompliance. Specifically, IPP
observed that the large water troughs in pens (42,43, 44), (60, 61, 62) and (63, 64, 65) were empty,
due to the severe cold and that the water pipes
running to these troughs were frozen and clogged.
Each of the aforementioned respected pens
contained cattle that were unable to drink water
due to this condition. Immediate regulatory
control was taken and the aforementioned pens
were rejected, utilizing U.S. Rejected/Retainedtags B38147520, B38147426, and B38147676.
The cattle were then removed from these pens,under my direct supervision and placed in penswith functioning water troughs. Repairs weremade to the water troughs and the regulatory
control action was relinquished when appropriate
conditions were restored. (b) (6)was informed of thenoncompliance and the establishment’s failure tofollow the regulatory requirements prescribed in
9CFR 313.2(e).

CLOSED181

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID5615014404N-1

01/04/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS CATEGORIES FOR VERIFICATION Category
III-Water and Feed Availability On Thursday,
01/04/18, at approximately 0840 hours I (b) (6)observed the following
noncompliance: the smaller water trough utilized
by pens 21 and 22 was devoid of water and had athin layer of moist debris. The larger water troughrunning the back length of the pens was alsodevoid of water. Pen 21 had 28 steer and pen 22
had 33 cows that were unable to drink water.
After I informed first (b) (6),and then (b) (6), of thelack of water the establishment took immediate
corrective actions and refilled the smaller water
trough therefore no US Reject/Retain tag wasneeded. (b) (6), is informed in writing of theaforementioned noncompliance and of theestablishment’s failure to follow the regulatory
requirements prescribed in 9CFR 313.2(e). Thisnoncompliance is linked to a previous
noncompliance record KID4410014004N with thesame root cause.

CLOSED182

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID380401171
1N-1

01/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS CATEGORIES FOR VERIFICATION CATEGORY
III-WATER & FEED AVAILABILITY The following
noncompliance was noted at 0750 hrs by (b) (6)on Saturday 06 January 2018 and I
received notification of the noncompliance as theacting SPHV at Est 1311 on this date: Frozen
watering troughs in Pens #41 and #44 whichcontained cows within at the time ofnoncompliance and no alternative unfrozen water
source available within these pens. (b) (6)took immediate regulatory control action by
affixing US Rejected/US Retained tags B38147776(Pen 44) and B38147780 (Pen 41). (b) (6)was notified of the noncompliance. The
establishment immediately rectified the situation
by removing the cows from these pens. The pen
remained under control by FSIS until tags were
removed by (b) (6)on Monday. This is linked
to noncompliance number KID5615014404N withthe same root cause. The establishment is not incompliance with the following regulation: 9 CFR
313.2(e).

CLOSED183

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID460501351
1N-1

01/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory III- Water and Feed Availability On
Wednesday morning, January 10, 2018 I, (b) (6)was performing a walk-throughinspection of the barn pens when I observed thatthe blue plastic water trough jointly serving pens
35 and 38 had no water in it. Both pens werebeing used to hold small groups of cattle at thetime, and no other water was available to theseanimals. I immediately alerted (b) (6)and observed as he promptly moved
the affected cattle to pens that had working water
troughs. No Reject tags were issued since barn
personnel immediately took control of thesituation and removed animals to appropriate
holding pens. I informed (b) (6)and, that an(b) (6)
NR would be issued for holding animals without
providing access to water. Failing to provide
access to water for animals in lairage is a
non-compliance to 9 CFR § 313.2(e) Animals shallhave access to water in all holding pens.

CLOSED184

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID541501271
6N-1

01/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

HAT Category II: Truck Unloading On Tuesday
December 16th at approximately 9:30 am while
performing the humane handling verification oftruck unloading I, relief SPHV, observed thefollowing noncompliance: A truck driver was
unloading the first group of dairy cattle from atruck when the last cow in the group went downin the alley inside the Establishment between theunloading dock and the scale and did not rise.
The dairy cow’s body was positioned diagonallyon the floor of the alley blocking the alley except
for approximately one foot on one end of the cow
so it would not be possible for other animals to beunloaded at the same time without stepping on,
over, or around the down animal. The truck driverattempted to make the dairy cow rise using apaddle but the cow did not rise. The driver thenwalked to the scale to secure the cows from thefirst group and then walked back to the
non-ambulatory cow and tried again to get thecow to rise using a paddle but the cow did not
rise. Then he walked around the cow to the truck
and released and began driving the remaining
cows from the truck into the alley where the dairy
cow was lying. I observed several cattle step over
and around the non-ambulatory cow at which
point I went to the nearby unloading office toinform the barn supervisor of the situation. In themeantime, multiple cattle were moved off thetruck and up the alley from the truck, around orover the aforementioned down animal, which was
blocking the alley. The barn supervisor
immediately stopped truck unloading and herded
the ambulatory cattle away from the
non-ambulatory dairy cow. A final attempt wasmade by the barn supervisor and a barn employee
to get the non-ambulatory cow to rise using theirhands and paddles but was unsuccessful. The
non-ambulatory cow was then euthanizedhumanely and removed from the alley before theremaining cattle were unloaded and driven to the

CLOSED185

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusscale. This is a noncompliance with federal
regulation 313.2(d)1 which states that disabledanimals and other animals unable to move shallbe separated from normal ambulatory animals.
M1311

JBS Souderton
Inc.

KID570702101
3N-1

02/13/2018

04C02

Livestock
HumaneHandling

313.2

HATS Category I - Water and Feed Availability On
Tuesday, February 13, 2018 at 6:06am I (b) (6)was performing antemortem when
I noted that pen 17C's plastic blue water troughwas empty. The pen at the time was holding four
dairy cows. I pointed this out to the barn
employee assisting me, who immediately turned
the water line on, filling the trough filled whichthen began to overflow. The employee thenturned the water off, leaving the pen with atemporary water supply. I informed the employee
in charge of the pens at that time that an NR forwater availability would be issued and placed aretain tag on the pen to prevent its further use.
Failure to provide access to water for animals inlairage is a non-compliance of 9 CFR § 313.2(e).

CLOSED186

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID171502341
4N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

While walking though center alley of the empty
barn at the end of kill on Wednesday, February
14, 2018, I (b) (6)) felt my boot snag
while walking past Pen 21. I discovered that a flat
metal support between the bottom rail of thegate and next rail up had been bent outwards andtorn, leaving a sharp edge protruding about aquarter of an inch outwards into the center alley.
I alerted (b) (6), to thesituation and he immediately had QA tags affixedto pen 21 as well as to Pen 22, where anothermetal support had been cut and pushed slightly
into the pen. As this was taking place, an
employee from maintenance came out to assessthe damaged areas, and began preparations to
immediately repair the two areas where sharp
metal was present. I informed (b) (6)and

CLOSED(b) (6)
who also was present at the scene that an NR
would be issued due the presence of sharp edges
in the pens and alleyways, per 9 CFR § 313.1(a)Livestock pens, driveways and ramps.
M1311

JBS Souderton
Inc.

KID111402542
7N-1

02/27/2018

04C02

Livestock
HumaneHandling

313.1

Today at approximately 12 noon I (b) (6)was told by the barn IPP that a pen gate had
fallen and pinned a cow to the ground. I
immediately went down to the barn and found a
black dairy cow standing in Pen 17D with the gate
leaning against one side of the pen. I entered thepen to ascertain the status of the animal, which
was not in distress, had no obvious injuries andwas ambulatory. The Establishment’s
immediate response was to free the cow and thenafter I had examined it move it to an adjoining
pen. Establishment QA had placed their own
orange tags to both entrances to the pen toprevent further use. I placed reject/retain tags on
both entrances as well. The Barn Supervisor was
informed that the Establishment would receive an
NR for CFR Title 9 § 313.1 (a) failure to keep
livestock pens in good repair.

CLOSED187

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M1311

EstName

NR#

Date

Task

JBS Souderton
Inc.

KID251303072
2N-1

03/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn March 16, 2018, at approximately 1600 hours,
I (b) (6)
) observed the following
noncompliance in the barn area. Specifically,
while crossing the catwalk on my way to conduct
ante mortem inspection, I observed a Holstein
Steer, in pen 23, with its head stuck in the
crossbars of the water trough. The animal
attempted to free itself from the bars, but wasincapable of doing so and establishment
personnel were required to euthanize the animal,
utilizing a handheld captive bolt. After the
animal was euthanized, establishment personnel
safely transferred the remaining animals that werestill in pen 23, to another pen. Regulatory control
was then taken and pen 23 and the water troughwere rejected, utilizing US Rejected/Retained tags
#B38147056 and B38147060. Upon further
inspection of the crossbars at the water trough, it
was observed that the gap between the middle
and bottom crossbar (were the animal’s head wasstuck) was significantly wider than the gap
between the top and middle crossbar. Regulatory
control of pen 23 was relinquished the following
day, after repairs were made to the water
trough. (b) (6), was notified of thenoncompliance and the establishment’s failure tocomply with the regulatory requirements of 9CFR
313.1 (a).

CLOSED188

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M1311

JBS Souderton
Inc.

KID551403041
9N-1

03/19/2018

04C02

Livestock
HumaneHandling

M4465

Nicholas Meat
LLC

KYM50
150232
26N-1

02/26/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.1

On April 19,2018 at approximately 07:11 hours
I (b) (6)
) observed the following noncompliance in the barn. I observed the metal
divider on pen # 16, broken exposing sharp metaledges at the bottom. I immediately took
regulatory action and I placed
USA Retained/Rejected tag # B38144581 and
B38144577 to the pen gates. A similar noncompliance(KID2513030722) was issue to theestablishment on 3/16/2018 (b) (6)was informed of theestablishment failure to comply with theregulatory requirement of 9 CFR 313.1(a).

CLOSED

313.1

HATS Category VII Observation for Slips & Falls
On Monday, February 26, 2018 at approximately
1348 hours I was conducting monitoring for
Human Handling on the catwalk in the barn andobserved the following non-compliance. While
watching a truck of dairy cattle be unloaded into
Pen 5, I observed multiple cattle (at least 3) havesmall slips (the meta carpus, the area below theknee, touched the ground) while first entering thepen. These cattle did not fall all the way toground and their chest did not make contact withthe floor. In addition, there was one dairy cattle
that was pacing around the pen that had multiple
small slips. Afterwards, the group of cattle was
moved to pen 2 and at this point I observed one
cow have a major slip and fall which resulted in its
abdomen/brisket contacting the floor of the barnin the alleyway. All four feet were seen splayedout after the fall. The cow got up shortly
afterwards. This is a violation of 9 CFR 313.1 (b).
, and (b) (6)(b) (6)
were alerted to thesituation and non-compliance. No RCA was taken
because plant employees responded by placingbarn-dry/wood shavings on the floor in order toimprove traction.

OPEN

189

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status

M4999+P4
999

Pudliner
Packing

CGN2811020721N-1

02/21/2018

04C02

Livestock
HumaneHandling

313.1

Category II Truck Unloading On 2/21/18 at 1135
hours while performing the review andobservation component of the Humane Handlingslaughter task the following noncompliance wasobserved. A hole was observed on the top
platform of the unloading ramp in an area
approximately 20 inches by 12 inches. Mr.
Andrew Pudliner Sr. and Mr. George Blasko wereimmediately notified verbally. This ramp was
rejected using US reject tag no. A4070580. No
animals appeared hurt or injured due to thisnoncompliance. This is noncompliance with 9 CFR
313.1(a). A search of PHIS did not show any recent
similar noncompliance.

CLOSED

M4999+P4
999

Pudliner
Packing

CGN45
10030222N-1

03/22/2018

04C02

Livestock
HumaneHandling

313.2

Category III - Water and Feed Availability On
3/22/18 at approximately 0958 hours while
performing the Water and Feed availability
component of the Humane Handling task thefollowing noncompliance was observed. Cattle in
the largest pen outside did not have access towater. Mr. George Blasko and Mr. Andrew
Pudliner Sr. were notified and the animals wereimmediately given water. No regulatory control
action was taken at this time. A search of PHIS did
not show any recent similar noncompliances. This
is noncompliance with 9 CFR 313.2 (e) states"Animals shall have access to water in all holding
pens and, if longer than 24 hours, access to feed.
There shall be sufficient room in the holding pen
for animals held overnight to lie down."

CLOSED190

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M4999+P4
999

EstName
Pudliner
Packing

NR#

Date

Task

CGN20
09031828N-1

03/28/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

HATS Category VIII Stunning Effectiveness On
3/28/18 at approximately 0900 hours while
performing the humane handling verification
activities at Est. 4999, (b) (6)observed the following noncomplianceand reported it to (b) (6)The Establishment moved aboar into the stunning area directly outside of theslaughter floor for stunning with a shotgun. (b) (6)stayed inside the slaughter floor record
keeping area to listen from an adjacent room. He
heard the first shot but instead of hearing theanimal fall to the ground, as is customary after
shooting, he instead heard sounds of vocalization(squealing) and not the rhythmic movement ofreflexes that are typically heard after a successful
stun. He then heard a second gunshot and the "AllClear" from the Stunner, signaling that stunningwas complete. He then confirmed that the animal
was insensible. I ((b) (6)) completed
the examination of the skull. This
examination revealed two full-thickness holes in
the forehead of the animal. This observation,
combined with what (b) (6)heard after the
first shot, confirmed that the first stunning
attempt did not immediately or effectively render
the animal unconscious. Mr. Andrew Pudliner Sr.,
Plant Owner, was notified of the Noncomplianceand the establishment’s failure to adhere to theregulatory requirements of 9 CFR 313.16(a)(1)."

CLOSED191

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M4999+P4
999

EstName
Pudliner
Packing

NR#

Date

Task

CGN59
09051101N-1

05/01/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII - Stunning Effectiveness
On May 1, 2018, at approximately 0830 hours
while performing humane handling verification
activities at Establishment 4999M, (b) (6)observed the following Noncomplianceand alerted the (b) (6)The Establishment moved
a market swine into the stunning area forstunning with a hand held captive bolt. As the
Stunner made the first stunning attempt with thecaptive bolt, the market swine moved its head.
The stunning attempt hit the head as evidenced
by a spot on the head where the captive bolt hit,
but the market swine vocalized and remained
standing as observed by(b) (6). The
stunner took immediate corrective action by
re-loading the captive bolt and delivering a second(b) (6)
stun, which made the market swine insensible.
observed two holes from the captive boltin the swine's forehead region. Mr. Andrew
Pudliner Sr., Plant Owner, was notified of theNoncompliance and the Establishment’s failure toadhere to the regulatory requirements of 9 CFR
313.15(a)(1). A search of PHIS did not show any
recent similar noncompliances involving thecaptive bolt.

CLOSED192

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M7857

Marcho Farms
Inc.

OLG491203500
6N-1

03/06/2018

04C02

M7857

Marcho Farms
Inc.

OLG4713031508N-1

03/08/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1)

HATS Category VIII - Stunning Effectiveness On
March 6, 2018, at approximately 1015 hours,
while performing humane handling verification
activities in the barn at Est. 7857 I ((b) (6)observed a plant employee attempted tostun the formula fed calf with a pneumatic non
penetrating stunning device in the stunning box.
The stunning attempt hit the head as evidenced
by the calf sudden movement away from thestunner and a spot on the head where thestunning device connected with the head,
however calf remained in upright position andalert, its eyes were open and following the
movement. The stunner took immediate
corrective action by using the hand held captive
bolt and delivering a second stun, which made thecalf insensible. (b) (6)wasnotified of the Noncompliance and theEstablishment’s failure to adhere to the regulatory
requirements of 9 CFR 313.15(a)(1).

CLOSED

Livestock
HumaneHandling

313.30(b)(3)

HATS Category VIII- Stunning Effectiveness On
3/8/18 around 0225 hours, while I was
performing Humane Handling tasks in the barn, I
observed the following noncompliance. While I
was walking up the left side on the runway
towards the stunning area, I noticed a lamb being
stunned with an electrical stunning device andplaced on the conveyor table to be prepared forthe bleeding process. While the table was inmotion, the lamb began to struggle and started torise to an upright position. The plant
employee responsible for stunning, noticed
this right away and took immediate corrective
action by stunning the lamb with a hand held
captive bolt. After observing a few more lambs
being stunned, I did not notice any further issues.
and (b) (6) were informed that(b) (6)this was a noncompliance of 9 CFR 313.30(b)(3)

CLOSED193

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9369+P9
369

Alex Froehlich
PackingCompany

SOJ091104242
4N-1

04/24/2018

04C02

M9400+P9400

Cargill Meat
Solutions

WIL2413021208N-1

02/08/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1)

HATS Category VIII - Stunning Effectiveness On
April 24, 2018, at approximately 1145 hours while
performing humane handling verification activities
at Establishment 9369M, Inspection Program
Personnel ((b) (6)and (b) (6)observed the following Noncompliance.
The Establishment moved a sow into the stun box
for stunning with a hand held captive bolt. The
sow was standing freely in the stun box. The firststunning attempt was ineffective in rendering theanimal unconscious. The stunning attempt hit thehead as evidenced by the sow's vocalization and ahole on the head where the captive bolt hit. The
stunner took immediate corrective action by
re-loading the captive bolt and delivering a second
stun, which made the sow insensible. Mr. David
Froehlich II, Plant Owner, was notified of theNoncompliance and the Establishment’s failure toadhere to the regulatory requirements of 9 CFR
313.15(a)(1).” A search of PHIS did not show any
recent similar noncompliances.

CLOSED

Livestock
HumaneHandling

313.2

On 2/8/2018, at approximately 1310 hours, while
performing ante-mortem inspection in the Pens
Area. I observed that the water trough between
pens 9 and 10 was completely empty and theanimals in these pens were not able to accesswater. This is a non-compliance of 313.2(e) (b) (6), observed thisnon-compliance. Both(b) (6) and(b) (6), were both notifiedof this non-compliance. Immediate corrective
action was taken. The water trough was filled andthe animals were then able to access water.

CLOSED194

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9442+P9
442

Groff MeatsInc.

UTC4509033205N-1

03/05/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 1000 hours while observing the
livestock pens I observed the following
noncompliance: There were two pigs in the
walkway along the truck unloading area. There
was a board across the pen, confining the pigs to
the short left side near the brown door.
Discussion with(b) (6)confirmed no water is available in that pen. In
addition, the far pen, approximately 3 ft. wide by
15 ft. long had approximately 13-14 pigs in it.
There was a long water trough with minimal
water and a shorter trough approximatey 2 ft.
long that was empty. The pigs in the pen near theempty water trough were piled 3-4 pigs deep. The
pigs did not appear cold as the pigs in the next
pen, 7-8 pigs, were not huddled or piled. The
piled pigs would squeal and fight when one tried
to get out of the pile. The piled pigs did not haveaccessibility to the water. I notified (b) (6)and Plant Owner Mr. Frank Groffof the noncompliance. No reject tag was applied
to the pens as (b) (6) took immediate corrective
action and moved the two pigs to an area withwater. Mr. Groff addressed the area of the otherpigs. You are noncompliant with 9 CFR 313.2
for water availability.

CLOSED195

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9442+P9
442

Groff Meats
Inc.

UTC211404590
6N-1

04/06/2018

04C02

M9442+P9
442

Groff MeatsInc.

UTC551205581
6N-1

05/16/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.30(a)(1),
313.30(a)(3)

HATS Category VIII - Stunning Effectiveness On
April 6, 2018, at approximately 0913 hours while
performing humane handling verification activities
at Establishment 9442, I, (b) (6)observed the following Noncompliance. A market
hog was moved to the stun box for stunning with
an electrical stun device. The hog was standing
freely in the stun box. Stunning is performed as ahead then heart stun. When the stunner madethe first stunning attempt in a rapid movement,
the stun device landed folding the right ear backand pinning the ear between the head and thedevice. The hog immediately dropped to its left
side and began squealing loudly. No regulatory
control action was taken as the stunner took
immediate corrective action by re-stunning thehog on the head with the stun device, which madehog insensible. He then proceeded with the heartstun. Mr. Frank Groff, Plant Owner, was notifiedof the Noncompliance and the Establishment’s
failure to adhere to the regulatory requirementsof 9 CFR 313.30(a)(1) and 313.30(a)(3).

CLOSED

Livestock
HumaneHandling

313.2

HAT Category V: Handling of Livestock At
approximately 1202 hours while observing animal
handling, I observed an employee trying to drive aroaster pig to the stun box. The pig wasapproximately 15-20 pounds and as soon as theemployee got it to drive forward a little it turned
around and went back the other way. The
employee then picked the pig up by the hind left
leg and while its front feet were still on the
ground he proceeded to drag the pig to the stunbox. The pig squealed when picked up and on theway to the stun box; it stopped squealing when it
was released. No regulatory control action was
taken as I immediately notified Mr. Frank Groffand corrective actions were taken. You are innoncompliance with 9 CFR 313.2(d)(2).

CLOSED196

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9443+P9
443+V9443

LaRue Meat
Processing

GGE551
1012802N-1

01/02/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category I Adequate Measures for Inclement
Weather HATS Category III Water and Feed
Availability At 0725 hours while performing the
Humane Handling Verification task the following
noncompliance was observed. Two cattle and one
swine was observed in the pens to the left of theentrance to the barn if entering from the slaughter
floor area. The water troughs in these pens werefrozen. There was no access to water for theseanimals at the time of this observation. (b) (6)was notified verbally. (b) (6) then placed
containers of water into the pens for theseanimals. No regulatory control action was taken
at this time. A search of PHIS did not show any
recent similar noncompliances. 9 CFR 313.2 (e)states "Animals shall have access to water in all
holding pens and, if held longer than 24 hours,
access to feed. There shall be sufficient room inthe holding pen for animals held overnight to lie
down."

CLOSED197

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9520+P9
520

Leidys, Inc.

UGA35
07011405N-1

01/05/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.5

09:14 Tuesday, May 29, 2018

Description

StatusOn 1/5/18 around 0815 hours, while I was going
downstairs to the barn to perform Humane
Handling tasks, I observed the following
noncompliance. I entered the barn area and as I
walked down the steps, I noticed a hog standing
up on the floor near the Stainless steel table,
where the hogs are released after coming fromthe Carbon Dioxide chamber. I also noticed 2plant employees standing near the hog so I
walked over toward them to inquire about thehog. When I got closer, I noticed the hog was
breathing very heavy. Then, I turned to my left
near the stainless steel table and noticed anotherload of hogs coming up from the Carbon Dioxidechamber on the elevator to be released onto thestainless steel table. After the hogs were released
from the elevator, I observed two hogs vocalizing
while struggling to stand in an upright position. I
immediately took regulatory control action bystopping the slaughter line, due to conscious hogs
exiting the carbon dioxide chamber. The
establishment took immediate corrective action
by stunning the two hogs with a hand held captive
bolt. At this time, I went to inform acting (b) (6)about the situation. After consultingwith (b) (6)about the situation, we
relinquished regulatory control of the slaughterline due to the immediate corrective actions
implemented. The hog that I noticed earlier wassent down with the next load of hogs on theelevator to the gas chamber for stunning. I
observed the next load of hogs exited the carbon
dioxide chamber and did not notice any further
issues. Both (b) (6)and(b) (6)were informed that this was anoncompliance of 9 CFR.313.5

CLOSED198

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M9520+P9
520

Leidys, Inc.

UGA18
05031328N-1

03/27/2018

04C02

Livestock
HumaneHandling

M9704+V9704

Springfield
Meat
Company

QGE360601481
1N-1

01/11/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

Category IV Pens to stunning area During themorning humane handling checks thefollowing was observed: on two occasions when
the hogs were being pushed into the CO2 elevatorthe hogs had their heads up on the backs of thehogs against the pusher and when they came tothe opening to the elevator their head was caught
between the top of the opening and the hogs
back and they vocalized. On a third occasion one
hog was up with its front legs on the hog against
the pusher it became trapped in the shoulder
area against the top of the opening and the hog
against the pusher for about 2 seconds, thepusher was reversed and the animal wiggled itself
down to a standing position. I examined the third
animal after CO stunning no injury wasobserved. The hogs getting caught caused
excitement, failure to move animals with aminimum of excitement and discomfort is a noncompliance with 9 CFR 313.2 (a). (b) (6)was informed of this non compliance.

CLOSED

313.1

HATS Category VII – Slips and Falls On January
10, 2018 at approximately 1052 hours, I (b) (6)) was
performing humane handling verification when I
observed the following noncompliance: A black
and white beef heifer was being unloaded fromthe trailer onto the ground in the antemortem bay(with a gap of approximately one foot between
the trailer and the ground). As she stepped down,
all four legs slid out sideways so that the animal
fell and landed directly on her abdomen. Anotheranimal was still in the trailer but I directed
establishment personnel to cease unloading until
the heifer recovered. Within a minute, the heifer
regained her footing and continued walking with
no apparent injury. I immediately informed (b) (6), of the aforementioned
noncompliance and the establishment’s failure toadhere to the regulatory requirements of 9 CFR
313.1(b).

CLOSED199

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M9704+V9
704

EstNameSpringfield
Meat
Company

NR#

Date

Task

QGE071101062
3N-1

01/23/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category VII Slips and Falls On January 23,
2018 at approximately 1200 hours, I (b) (6)was performing
humane handling verification, accompanied by
Richard Baringer(Owner) when I observed thefollowing noncompliance: A brown and white
heifer was being unloaded from the trailer onto
the ground in the antemortem bay (with a gap of
approximately one foot between the trailer andthe ground). As she stepped down, her front twolegs slid out sideways so that the animal fell andlanded directly on her abdomen. Another animal
was still in the trailer but she regained her footing
immediately and continued walking with noapparent injury. The second cow walked
off immediately after the first one regained herfooting. The establishment immediately applied
grit prior to any more unloading of livestock,
therefor no regulatory control action was needed.
I immediately informed (b) (6), of the aforementioned
noncompliance and the establishment's failure toadhere to the regulatory requirements of 9 CFR
313.1(b). A similar noncompliance was observed
1/10/18.

CLOSED200

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M9706

EstNameBaringer
Brothers

NR#

Date

Task

CTF030902470
6N-1

02/06/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

HATS Category VIII - Stunning Effectiveness On
February 6th, 2018 at approximately 0820 hours
while performing humane handling verification(b) (6)
activities, I (b) (6)) was withwhen the following
noncompliance occurred: This establishment(b) (6)
uses a rifle to stun cattle. For safety reasons,and I were behind a wall during
stunning but still listening to the stunning process.
(b) (6)
While a steer was in the knock box,
and I heard the first shot. Then weheard a second shot. We looked around the wallas we thought stunning had finished. The steer
was still standing and backing away from theestablishment employee with the rifle. We thenwent back behind the wall as it was clear stunningwas not finished and a third and final shot washeard at which point (b) (6)and I
confirmed the animal was rendered unconscious.
Examination of the skill revealed two full thickness
defects in the skull of the animal one of which wason midline and the other off to the left of midline
on the animal’s forehead. This observation,
combined with what we saw after the second shot
confirmed that immediate unconsciousness was
not effected with one shot. Mr. Jon Baringer,
Plant Owner, was notified of the noncomplianceand the establishment’s failure to adhere to theregulatory requirements of 9 CFR 313.16(a)(1).

OPEN

201

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M9784+P9
784+V9784

Leona Meat
Plant Inc

OMK1908011110N-1

01/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn January 10, 2018 at approximately 0745 hours
I observed the following noncompliance: At 0645
hours, (b) (6)performed a Pre
Operational inspection on the pens area of Leona
Meat Plant, est. M9784. At this time (b) (6)observed 2 pens, which were holding
animals, had no water available. Also the beef
holding pen has 2 parts, the front and the back.
Each area has one location where the cattle canconsume water. The back part of pen #1’s(b) (6)
watering location was frozen. At 0745 hours
arrived at establishment M9784 andimmediately followed (b) (6)tothe pen area. At this time, an hour after theoriginal Pre Operational inspection by(b) (6)I observed the same 2 holding pens
without water and the back beef pen with frozen
water. At this time I informed owner Charles
Debach of this noncompliance and this violationof 9CFR 313.2(e). Mr. Debach took immediate
corrective action. After Mr. Debach was through,the pens were re-inspected and realeased.

CLOSED202

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M9814+P9
814

EstNameTwin Pine
Farms Inc.

NR#

Date

Task

ALA391104501
1N-1

04/11/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII - Stunning Effectiveness On
April 11, 2018, at approximately 0705 hours while
performing humane handling verification task at
Est. M9814, (b) (6)and I (b) (6)observed the following noncompliance.
Establishment moved a beef heifer into the stunbox. The heifer was standing freely in the stunbox. The stunner made the first stunning attempton the heifer with a hand held captive bolt. The
stunning attempt made contact with the heifer as
evidenced by it dropping to the ground. The heifer
was not rendered completely insensible asevidenced by being in a sternal position, having
her head and neck up, appearing to be looking
around, and starting to scramble as in trying tostand or escape. The stunner immediately tookcorrective action by reloading the captive bolt anddelivering a second stun, which made the heifer
insensible. Mr. Denny Ilyes, the Plant Owner, wasnotified of the noncompliance and theestablishment’s failure to comply with theregulatory requirements of 9 CFR 313.15(a)(1).

OPEN

203

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M20760

USA Pork
Packers Inc

YKM4913010708N-1

01/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.30(a)(3),
313.30(b)(3)

09:14 Tuesday, May 29, 2018

Description
Electrical; stunning or slaughteringwith electric
current. 9 CFR 313.30 (a)(3), 9 CFR 313.30 (b)(3)
On Monday January 8, 2018 approximately at
0845 hours after I finished ante-mortem
inspection and when I was waiting at the barn
area to watch the stunning of one suspect non
ambulatory disabled market hog I saw thefollowing non- compliance: The plant separated
one suspect non ambulatory disabled market
hog(approximately 240 Lb.) at the barn front area
(unloading area) next to the scale and while I waswatching the electric stunning procedure of thathog I saw the plant employee applying the firststun on the back of the head which did not render
the hog unconscious where I saw the hog
vocalizing loudly after the application of the firststun, the plant employee failed to render the
animal unconscious. The plant employee took an
immediate corrective action after one second by
applying a second stun which was successful
where I saw the hog was unconscious after thesecond application of the electric stun. I
informed (b) (6)
and
with
the
non
-compliance.
The(b) (6)
plant was not compliant with 9 CFR 313.30 (a)(3)
and 9 CFR 313.30 (b)(3).

Status
CLOSED204

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M562

EstName

NR#

Date

Task

JBS Green Bay,
Inc.

QSM10
06012903N-1

01/02/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

On January 2, 2018, at approximately 4:00 pm
while performing HATS category VIII stunningeffectiveness, (b) (6)observed thesecondary knocker take the hand held captive bolt
device and attempt to stun a steer. The steer wasconscious as the steer’s head did not drop andwas blinking and looking around. The stunner
immediately took a secondary hand held captive(b) (6)bolt device and effectively stunned the steer.
took regulatory control and tagged theknocking restrainer with U.S. Rejected tag#B38149130 and notified (b) (6)of thenoncompliance. The head was skinned andshowed an angled hole 3” directly dorsal of themedial commissure of the left eye withpenetration through the skull. The second knock
hole was in the center of the head; central frontalbone. After the establishment gave verbal
corrective actions to (b) (6)released the knocking restrainer.
This noncompliance is associated with NR QSM
4711120204 dated 12/01/17 as the preventative
measures proffered by the establishment inresponse to the previous NR were either not
implemented or were not effective.

CLOSED205

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M562M

JBS Plainwell,
Inc.

CFO200801212
3N-1

01/23/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV Handling during AM On(b) (6)
January 22 2018 at approximately 9:30 am
was called to the knocking area by. A steer had(b) (6)
fallen in the lead up to the knocking box just after
the brisket rail begins but before the decline to
the knock box. In the process of falling the steer
had gotten its head stuck between the brisket rail
and the side wall in such a way that there was no
possible access to stun the animal. The plant
asked (b) (6) to approve using a chain on thefront leg to move the steer just enough to be able
to stun the animal. (b) (6) gave permission topull the animal forward. The steer was pulled
about 1 foot forward but the head started to tuckunder the body instead of come out so (b) (6)had the plant stop pulling. The plant was thengoing to try to pull the steer backwards to gain
access, so the remaining steers in the lead up
chute that had been separated by a portable black
mat hung between them and the down steer werebeing pushed back out in the serpentine area. The
front most steer in line pushed past the hanging
black rubber and knocked it into the chute at thatpoint. Then three steers in a row crawled over the
down steer to enter the knock box. Four or fiveplant employees were trying to prevent the steers
from moving forward with rattle paddles but were
not successful. During this the down steer had
back up enough to allow for access to the head.
(b) (6) told the plant to stun the three steers
that had entered the knocking box to allow forsafe access to the down steer. The down steer wasthen knocked once to render it unconscious
followed by two security knocks. The down steer
was then dragged out of the chute to be disposedof at the end of the day as a non-ambulatory
animal not for processing. These events concluded
at approximately 9:50 am on January 22. The
plant followed their robust humane handlingprogram during this incident. (b) (6)

OPEN

207

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description(b) (6)was informed thatan NR would be issued for this incident. 9 CFR
313.2 (a) Driving of livestock from the unloading
ramps to the holding pens and from the holding
pens to the stunning area shall be done with aminimum of excitement and discomfort to theanimals.

Status208

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M562M

JBS Plainwell,Inc.

CFO0211030230N-1

03/30/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

At approximately 8:30 AM, (b) (6)was observing
stunning procedures (HATS Category VIII) at JBS
Plainwell (M562). (b) (6) observed thestunner attempt to stun a Holstein cow with thepneumatic captive bolt. The animal was at theend of the restrainer and was moving its head at
the time the stunner discharged the device;
resulting in the cow not being rendered
unconscious with the initial stunning attempt.
There was no blood visible after the initialstunning attempt. (b) (6) observed that the
animal then moved its head around in a very
controlled manner and was blinking naturally.
The stunner grabbed the pre-loaded handheld
captive bolt device and successfully rendered the(b) (6)
cow unconscious with the second attempt.
then followed the animal around to thebleed pit and got the house tag number 8381.
tagged the cow on the(b) (6)head line and he and (b) (6) confirmed that
there were two separate knocking attempts on
the head. One hole was off midline towards theright eye and the other hole was in the correct
location. At 9:05 AM Mr. (b) (6)and (b) (6), were notified of thestunning non-compliance. 9 CFR 313.15(a)(1)states ‘The captive bolt stunners shall be applied
to livestock in accordance with this section so as
to produce immediate unconsciousness in the
animals´ 9 CFR 313.15(b)(1) states ' The stunning
are shall be designed and constructed as to limit
the free movements of the animals sufficiently to
all the operator to locate the stunning blow with ahigh degree of accuracy.'

OPEN

209

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M562M

JBS Plainwell,Inc.

CFO0314055210N-1

05/10/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)At 2:46 PM, (b) (6)was observing stunning procedures (HATS
Category VIII) at JBS Plainwell (M562) at theknocking box. (b) (6) observed the stunnerattempt to stun a beef cow with the pneumatic
captive bolt. The animal was moving its head
when the stunner was trying to place the captive
bolt so the stunner used the restrainer to back thecow into the chute to reduce movement. The
animal became much more still but still jerked its
head when the captive bolt was discharged
causing the cow to not be rendered unconsciouswith the initial stunning attempt. A wound waspresent from the stunning attempt. (b) (6)observed that the animal then moved its headaround in a very controlled manner andvocalized. The stunner grabbed the pre-loaded
handheld captive bolt device and successfully
rendered the cow unconscious with the second
attempt. At 2:48 PM (b) (6)was notified of the stunning
non-compliance. CFR 313.15(a)(1)

OPEN

210

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M952

EstName

NR#

Date

Task

BEF Foods, Inc.

YUC2114025408N-1

02/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category V: Handling of Suspect andDisabled At approximately 0805hr I observed thefollowing noncompliance. While performing
antemortem inspection on a pen of 90 sows I
witnessed a sow laying on the ground in lateralrecumbency with several sows crowding theimmediate area, one sow standing on top of andanother standing across the downed sow, andanother sow stepping on the downed sow as it
was moved near to the downed sow. A barn
employee was notified and between that time andwhen he came back to move the downed sow outof the pen several other animals walked over oron the downed sow. When the employee
attempted to get the sow to rise by striking it on
the side several times with an open hand the sow
flailed and tried to throw herself into sternal
recumbency repeatedly without success, settlingback into lateral recumbency when not provoked.
When the sow was propped into sternal
recumbency she was able to rise and walk withdifficulty out of the pen to an isolated aisle. I
observed immediate corrective action so no tag
was used. (b) (6)wasnotified that an NR would be issued. The
establishment is in violation of 313.2(d)(1)Disabled animlas and other animals unable tomove shall be separated from normal ambulatory
animals… No similar NRs have been issued in thelast 90 days.

OPEN

211

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M1816+V1
816

West Michigan
Beef Co. LLC

TMB10060222
09N-1

02/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV: At approximately 6:30 am on
9 February 2018, while performing ante-mortem
inspection on the first lot of cattle, the CSI
observed a steer with backtag 32SH 1798 with its
head stuck in the guardrail of the alley between
the barn and the kill floor. The steer was unable toback its head out from between the guardrails, so
it slid its head horizontally along the fence to freeifself. Upon examination of the steer, a deep
laceration several inches long was found on its
neck on its right side. Upon examining theguardrail, two sharp points were found. The sharp
point on the upper guard rail had hair surrounding
it, and the sharp point on the lower guard rail had
blood on it. The kill floor supervisor was informedof the steer's injury and the upcoming
noncompliance record. The kill floor supervisor
had maintenance personnel repair the guardrail
before any more cattle were brought through thealley. At approximately 8:00 am, the PHV wascalled over to the knocking area by the online CSI
to observe an entrapped animal. The PHV
observed a young heifer with its head and left
front leg entrapped between the bottom two
guard rails of the chute immediately before theknock box. While the animal was attempting tofree itself, the PHV observed a laceration on the
distal hind right leg just above the hoof that was
actively bleeding and appeared to be from contact
with a diagonal piece of guard rail on the chute's
gate where it opens into the shower pen. Afterseveral minutes of attempting to unsuccessfully
free the animal, the establishment elected toeuthanize the animal while it was standing. The
establishment successfully stunned the animal
with a single shot rendering it unconscious. The
establishment was then able to remove itfrom being entrapped. The PHV discussed with thekill floor supervisor that this incident would also
be added to this noncompliance record. The
requirements of 9 CFR 313.1 were not met.

CLOSED212

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M1816+V1
816

West Michigan
Beef Co. LLC

TMB23
14034515N-1

03/15/2018

04C02

M1816+V1
816

West Michigan
Beef Co. LLC

TMB1609034629N-1

03/29/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1)

HATS VIII At approximately 13:45 while
conducting HATS verification at the knock box. I
noticed a plant employee attempting to stun a
Charolais cow with her head in the restrainer. The
captive bolt gun discharged and the cow remained
standing conscious with blood coming from thenose. The plant employee then discharged asecond shot from the captive bolt gun andrendered the cow unconscious. (b) (6)was present and informed. At thehead inspection area I observed two holes in thesame head consistent with two captive bolt shots.
The requirements of 9CFR 313.15 (a)(1) were notmet.

CLOSED

Livestock
HumaneHandling

313.15(a)(1)

HATS VIII On Thursday, March 29, 2018 at
approximately 0943 hours, during operations in
the Slaughter Production area, while conducting
the Humane handling verification task thefollowing non-compliance was observed. The
plant employee attempted to stun the cow withthe captive bolt device in the knock box;
however, it was unclear if the stun was ineffective
due to the inability to confirm the shot contacted
the animal.The second time the employee didstun the animal; however, the animal remained
standing fully conscious and there was blood
dripping from the animal's forehead. The plant
employee immediately stun the animal and thethird stun was effective. I immediately alerted thequality assurance personnel (b) (6)and allowed them to view myfinding. (b) (6)was immediately notified.
informed plant personnel that a(b) (6)
non-compliance will be documented. A similar
incident occurred on March 15, 2018 and theincident was documented on
NR # TMB2314034515N.

CLOSED213

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M1816+V1
816

West Michigan
Beef Co. LLC

TMB23
12041330N-1

04/30/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS VIII On Monday, April 30, 2018 at
approximately 1035 hours, the following
noncompliance was observed while providing a
relief break for the CSI at the post-mortem
inspection area. Vocalization was heard while theestablishment employee was handling a bull in
the knock box. A shot from the captive bolt gun
was heard and the animal was still standing in theknock box. (b) (6)stopped performing
post-mortem inspection duties and went tofurther investigate at the knock box. The initialobservation at the knock box was a fully conscious
standing bull in the head restraint with a hole thatappeared a little high up on the head. The
establishment employee was already in theprocess of applying a second corrective action
shot which immediately rendered the bullunconscious as it collapsed to the floor. Two holes
were verified in the head prior to releasing theanimal from the head restraint; the first holeappeared to be high and to the left of midline on
the forehead with placement of the shot likely the(b) (6)
reason for being ineffective. At this time
notified (b) (6))
of the ineffective stun with observations of two
distinct holes, and informed him of theforthcoming NR. Shortly after, Don Vander Boon(b) (6)(Owner) was on the slaughter floor andshowed him the respective head (House
Tag 59) at the head inspection rail which clearly
showed the initial shot's hole was high and to theleft on the forehead. The requirements of 9CFR
313.15(a)(1) were not met. These requirements
were previously not met following an ineffective
stun that occurred on March 29, 2018 and theincident was documented on NR
TMB1609034629N/1.

CLOSED214

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M10038+P
10038+V10
038

EstName

NR#

Date

Task

ScottsHook &
Cleaver Inc.

RSH1007010418N-1

01/18/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS CATEGORY III—WATER AND FEEDAVAILABILITY At approximately 0705 hour on
1/18/2018 while verifying availability of drinking
water to livestock on the premises, I foundHumane Slaughter of Livestock Handlingnoncompliance. Pens 9 and 10, in the livestock
holding area, share a covered, communicating
automated hog watering trough. There is aseparate lid in each pen which the hogs can lift inorder to drink water from the trough. Since there
were 6 hogs held overnight in pens 9 and 8 hogs
held overnight in pen 10, I lifted the lid on the hog
watering trough in each pen to verify these hogs
had access to water. When I lifted the lid in pen
9, I found a very small amount (approximately 1cup) of water in the bottom of the pen 9 side of
the water trough. When I lifted the lid in pen 10, I
found the pen 10 side of the water trough damp
with no visible drinking water. The small amountof water on the pen 9 side of the trough was notaccessible to the hogs in pen 10. This finding
illustrates noncompliance with 9 CFR 313.2 (e),because the livestock in holding pen 10 did nothave access to water. I notified(b) (6)thatthe above finding would be documented on anoncompliance record, as soon as I discovered it.
(b) (6)
In response,
immediately dumped two fivegallon pails of water in the water trough between
pens 9 and 10. Upon receiving access to water,
three hogs in pen 10 immediately began to drink.

CLOSED215

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M10114+P
10114+V10
114

EstName

NR#

Date

Task

C. Roy, Inc.

FEI2707
010712
N-1

01/11/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III - Water and Feed Availability
At approximately 0715 hours, on January 11,
2018, the following noncompliances wereobserved by (b) (6)while walking in
the barn performing Ante-Mortem inspection. I
noticed that no water was provided to pen
number three, four, five, and six. There were 2
hogs in pen number three with no water available,
pen number four there were 2 lambs with nowater available, pen number five 10 hogs wereobserved with no water available and without
sufficient room for the animals to lie down, andpen number six 2 hogs were observed with nowater available or container. All of the above
mentioned pens contained containers with nowater available except the animals in pen number
six were observed without a container and nowater available. Pen number one and two wereobserved with water availability. There were 7
beef in pen one and 4 beef in pen two. While I
was in the barn a plant employee immediately
provided water to all of the above mentioned
pens therefore no US rejected tag was used. Thisnoncompliance is in violation of 9 CFR 313.2(e).
Jen Lossing (Plant Manager) was notified that anoncompliance report will be issued. There havebeen no similar NRs issued in the past 90 days.

CLOSED216

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M10147+P
10147+V10
147

Countryside
Quality Meats,
L.L.C.

PVG490703482
8N-1

03/27/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1),
313.16(b)(1)(iii)

CATEGORY VIII—STUNNING EFFECTIVENESS At
approximately 1445 hour on 3/27/2018, while
performing a routine livestock humane handlingverification task, I observed Humane Slaughter,
Mechanical; Gunshot stunning noncompliance. I
observed establishment personnel bring a large
sow into the cattle restraint box for stunning.
Because the sow would not move into therestraint box walking forward, establishment
personnel backed the sow into the restraint box.
An employee then proceeded with attempting tostun the sow using a 0.22 caliber magnum rifle
containing a 1875 feet /second hollow pointbullet. However, the position of the sow in the
restraint box, did not allow the firearm operator ashot angle perpendicular to the plane of the skull
forehead and also parallel with the axis of thespine. While I waited in a safe place for the sow
to be stunned, I heard a shot from thefirearm. Immediately afterword, thesow vocalized with a prolonged squeal thatsounded like the sow was in pain. In addition, I
heard some rustling noises that sounded like thesow was moving around in the restraintbox. Without delay, and before I has anopportunity to visualize what had happened, as
second shot was fired from the firearm. I thenobserved the sow lying on the slaughter room
floor, unconscious. Next, establishment personnel
bled out the sow without the sow returning toconsciousness. After establishment personnel
were done dressing the sow, I observed two
projectile holes in the sow’s skull. Both holes
were in the center of the sow’s forehead, about 1
inch above a line drawn between the eyes. A
bullet was lodged in the first hole and the hole
clearly did not extend to the depth of the brain.
The second hole appeared to have fully
penetrated the skull through the brain case to thedepth of the brain. This finding illustratenoncompliance with 9 CFR 313.16 (a) (1), because

CLOSED217

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
immediate unconsciousness was not produced in
the sow with a single shot from the firearm.
Further, the sow was not rendered unconsciouswith a minimum of excitement and discomfort.
This finding also illustrates noncompliance with 9
CFR 313.16 (b) (1) (iii) because the design of thestunning area did not allow the firearm operator
to locate the stunning blow with a high degree of
accuracy. I notified (b) (6)that theabove finding would be documented on anoncompliance record around 1515 hour, as soon
as I had a complete understanding of the events
that transpired. No regulatory action was taken
in response to this finding because establishment
personnel took immediate action to ensure thesow was rendered unconscious before proceedingwith shackling and hoisting the sow and because
the sow was the last animal slaughtered for theday.

Status218

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M10176+P
10176

Jones
Butchering and
Meat
Processing, LLC

ZMF02
08013818N-1

01/18/2018

04C02

M10176+P
10176

Jones
Butchering and
Meat
Processing, LLC

ZMF01
080145
19N-1

01/19/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1)

On January 18, 2018 (b) (6)(I) was observing knocking (HATS Category VIII)
during slaughter operations at Jones Butchering(M10176). The establishment utilizes a chute that
does not provide any means of head restraint. An
establishment employee attempted to stun a beefsteer at approximately 0740 with a handheld
captive bolt gun. The first attempt at stunning
resulted in discharge of the captive bolt gun andpenetration of the skull but the animal remained
conscious and standing. The plant employee
immediately reloaded the captive bolt gun andrendered the animal unconscious with his second
attempt. Examination of the skinned beef head
showed two adjacent points of entry on the frontof the skull and a steel was used to track thepenetration angles. Both holes were locatedappropriately but the hole from the first shot had
an angle that tracked laterally. Plant owner, Karl
Jones, was notified of the noncompliance. 9 CFR
313.15(a)(1) states "the captive bolt stunners shallbe applied to the livestock in accordance with thissection so as to produce immediate
unconsciousness in the animals”

CLOSED

Livestock
HumaneHandling

313.2

This afternoon at approx. 15:15 while observing
the live animals on premises, it was observed thateven though a means to supply water to all pensand live animals was available, no water wasprovided at this time. All bowls/buckets etc. in allpens had no water available in them for the
livestock. (b) (6) was advised of IPP’s findings.
(b) (6) had another employee take immediate
action supplying water to all livestock onpremises. At the time of this observation,
approx. 6 beef and 4 lamb were on premises.
None of the livestock present seemed to be in any
distress and appeared relaxed/comfortable as wellas protected from the weather elements on thisday. The aforementioned is noncompliant with
9 CFR 313.2(e) for not having water available tolivestock at all times.

CLOSED219

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M10195+P
10195

BernthalPacking Inc.

TJO371102542
8N-1

02/28/2018

04C02

M10226

DeVries MeatsInc.

HJB250904420
6N-1

04/05/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.30(a)(1),
313.30(a)(3)Category VIII – Stunning Effectiveness At
approximately 1030 hours on February 28, 2018,(b) (6)the following noncompliance was observed by
at Bernthal Packing. The electricalprongs were placed behind each ear of a market
swine and electricity was applied. The swine did
not vocalize and the animal stiffened and began todrop to the floor. While the animal was still
dropping to the floor the prongs lost the directcontact with the head, but the establishment
employee still kept the prongs in close proximitywith the swine (following the swine down as it
was falling to the floor). When the prongs came indirect contact again with the swine, the swine
loudly vocalized. The establishment employee
continued the direct contact with the prongs as
the swine completely fell to the floor and theanimal was rendered unconscious. This second
stunning application was immediate and effective
in rendering the swine unconscious. US Rejected
Tag # B21416689 was applied to the knock box, inorder to discuss what had been observed with thestunner and establishment owner. The rejected
tag was removed shortly thereafter due to theeffective corrective actions taken by theestablishment employee after the vocalization.
The above noncompliance is in violation of 9 CFR
313.30(a)(1)(3). Mr. Phil Bernthal (Owner) was
notified of this observation and told that anoncompliance report would be issued. There
have been no recent similar noncompliances.

CLOSED

Livestock
HumaneHandling

313.2

At approximately 06:15, on Thursday April
5, while performing ante mortem inspection in
the barn I found that the water lines to allpens were shut off and no water was available tothe animals. This is in violation of 313.2 (e) whichstates that animals shall have access to water inall holding pens. The employee in the barn was
notified and the water was turned on.

CLOSED220

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M20594+P
20594

Tooele Valley
Meat

REG291303051
2N-1

03/12/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn March 12, 2018 at approximately 1030 hours
at Tooele Valley Meats (M20594), (b) (6)

CLOSEDnd (b) (6)observed thefollowing noncompliance. An alleyway in theestablishment corral has metal siding exposed
along the east side of the alleyway leading up to
the knock box, the siding has sharp edges showing
which could cause harm or discomfort to thelivestock. Establishment owner Eddie Roberts wasshown the noncompliance and informed a U.S.
rejected tag number B42069022 was placed on
the knock box. Eddie was informed that there will
not be any slaughter procedures till thenoncompliance is corrected. The Establishment
failed to comply with 9CFR 313.1. After
reviewing the establishments plant history nononcompliance can be associated at this time.
M20608+P
20608

The Pork
Company

KVC441
3034002N-1

03/02/2018

04C02

Livestock
HumaneHandling

313.2

At approximately 1:30pm while performing
ante-mortem inspection in the barn, the following
noncompliance was observed: While inspecting
pigs that had been presented for ante-mortem, I
noticed a pig in a pen that had 6 tattoo ink marks
across its back. There was a barn employee
walking with me and I pointed the pig out to him.
He also counted 6 tattoo ink marks on the pig. I
asked him who had been tattooing the pigs andhe gave me the name of the employee and statedthat he had been the only person tattooing thepigs all day. I then got the barn supervisor andshowed him the pig. I informed him that the pigs
are only to be tattooed once and that I would be
documenting a noncompliance for inhumane
handling of that pig. He then stated he would betalking to that employee. The plant's failure toensure that pigs are handled humanely has led tononcompliance with 9 CFR 313.2.

CLOSED221

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M20608+P
20608

EstNameThe Pork
Company

NR#

Date

Task

KVC240705571
6N-1

05/16/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.2,
313.30 (a)(2)

At approximately 8:03am while performing thehumane handling task, the following
noncompliance was observed: I was at the drive
chute that leads to the stunner and I wasobserving how the pigs were being handled asthey were driven to the stunner. There were two
employees moving the pigs through the chute.
One employee was at the front of the chutemoving the pigs into the v-restrainer and the other
employee was at the back of the chute moving
pigs as they entered from the barn. As I waswatching the pigs move, the employee operating
the stunner motioned for them to stop moving
the pigs. The employee at the front of the chutestopped but the employee at the back of thechute continued to move pigs into the chute fromthe barn. The employee at the front of the shootwalked to the employee at the back of the chuteand told him to stop moving pigs in. He thenstopped and all three employees left the area totend to another matter. I looked over the pigs that
had been left in the chute and saw that two setsof pigs were wedged side by side. One of the pigs
vocalized as the pig next to it tried to move
forward. It then stopped trying to move. There
were too many pigs in the chute and no room forany of the pigs to move forwards or backwards. I(b) (6)
immediately went to find a supervisor and saw, who was walking
towards the kill area. I told her what I saw as wewalked to the chute and she called for (b) (6). Ever had just got to the killarea and came up to the chute. When he saw thepigs wedged together he started the line back up
allowing two pigs to move into the v-restrainer.
This made room in the chute and he along with
one of the employees were able to move the pigs
apart. The plant’s failure to ensure that pigs arehandled and moved with a minimum of
discomfort has led to noncompliance with 9 CFR
313.2 and 313.30(a)(2).

CLOSED222

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M21572+P
21572+V21
572

Robert WinnerSons, Inc.

ELD490703132
3N-1

03/23/2018

04C02

M19549A

Elkhorn Valley
Packing LLC

KEE391502261
2N-1

02/12/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1)

Humane Handling HATS activity Category 8,
Stunning Effectiveness. At approximately 0740
hours, during the humane handling verification
observation, (b) (6)and(b) (6)observed the following noncompliance.
We observed (b) (6)attempted
to stun a Bull in the forehead via captive bolt. The
first attempt, (b) (6)missed the bull’smoving head and the captive bolt went into thebull’s head off center not rendering the bullunconscious and bull remained standing with novocalization, (b) (6)
immediately grabbed
the second loaded captive bolt gun that was rightbeside him and proceeded to render the bullunconscious with the second attempt with aforehead shot. Due to the immediate preventive
measure, the knock box was not rejected. (b) (6)was informed of the noncompliance.
This represents a noncompliance with 9 CFR
313.15(a) (1) the animals shall be stunned in sucha manner that they will be rendered unconsciouswith a minimum of excitement and discomfort.

CLOSED

Livestock
HumaneHandling

313.15(a)(1),
313.15(a)(3)

At approximately 1530 today while observing
cattle being knocked, I observed (b) (6)deliver an ineffective knock to a cow. He
immediately grabbed a second gun from it'sholder on the wall nearby and delivered a second
knock that rendered the animal unconscious. He
then administered a safety knock to ensure thecow did not regain consciousness. I tagged theknocking box and told them to cease knocking(b) (6)
until I could contact the district DVMS. I called
and we discussed the events and agreed
that an NR was needed. After this conversation I
discussed this with Jeff Venn, plant manager, andtold him of the NR. We discussed what I had seen
and I told him that the sound from the gunssounded muted and I wondered if the blanks may
have gotten damp. I removed my tag and they
resumed knocking.

CLOSED223

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M21595+P
21595

Mayar's Halal
Meat
Processing

KPD401605130
9N-1

05/09/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn 05/09/2018, at approximately 1030 hours,
while performing Antemortem at the sheep pens, I
observed the following noncompliance I
observed 2 mature sheep penned up in an
outdoor and uncovered corridor without access towater. The corridor is a long walkway that hasaccess to 3 waterers along its entire length but iscapable of being partitioned into smaller sections
using gates. The 2 sheep had been separated
from the rest of the sheep on either side by theuse of these gates and in that particular section ofcorridor, there was no water access. At the timeof my observation, there were no employees
present. I immediately informed (b) (6) of
my observations and he proceeded to open thegate allowing the sheep to move freely to theother section of the corridor which contained afunctioning waterer. After being released I
observed that the 2 sheep did not immediately
partake of the available water which lead to theconclusion that they had not been separated fromwater access for an extended period of time. The
ambient temperature was approximately 75
degrees Fahrenheit. I reminded (b) (6) thatanimals are to have access to water at all times
and that a noncompliance record would be
documented. My findings indicate anoncompliance to the regulatory requirements of
9CFR 313.2(e)CLOSED224

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M21595+P
21595

Mayar's Halal
Meat
Processing

KPD4117050610N-1

05/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn 05/10/2018, at approximately 1423 hours,
while performing Antemortem at the sheep pen
area, I observed the following noncompliance I
observed a corridor of approximately 29 lambs
staged for slaughter with access to a single
automatic waterer which was completely dry.
This particular waterer also serviced the adjacent
pen which contained an additional 14 lambs.
There was no access to any other water sources.
At the time of my observation, there were no
employees present. I immediately informed (b) (6)of my observations andhe proceeded to instruct an employee to repair
the waterer which had recently malfunctioned
due to a sticking float device. Immediately thewater began filling the waterer at approximately
1426 hours. Immediately after the waterer was
filled, 2 lambs in the adjacent pen walked to thewaterer to drink. The rest of the lambs appeared
alert and seemed uninterested in the water at thetime of my observation. The ambient temperature
was approximately 72 degrees Fahrenheit. I
informed (b) (6)that animals are to haveaccess to water at all times and that anoncompliance record would be documented.
My findings indicate a noncompliance to theregulatory requirements of 9CFR 310.2(e)

OPEN

225

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbrM21780+P
21780+V21
780

EstNameBurt'sMeat &
Poultry

NR#

Date

Task

QTD211103322
9N-1

03/29/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

At approximately 0855 while performing a
Humane Handling Verification Task to verify HATS
Category VIII (stunning effectiveness); I observed
the following noncompliance during the stunningof a bovine. A Holstein steer was restrained in theknocking box via the head restraint. Mr. Kermit
Burt (Plant manager) attempted a forehead stunwith a firearm. The first stun was ineffective as thebeef remained conscious in a standing position,
no vocalization was heard. An immediate second
stun attempt was effective, rendering the beef
unconcious. I took a regulatory control action by
applying U.S. Retained tag NO.B38037217 to theknocking box. After skinning the forehead portionof the skull 2 holes approximately 1 inch apartwere observed. I discussed with Mr. Burt thenoncompliance and informed him that I would be
documenting this on a Noncompliance Record.
After verbally receiving corrective actions andpreventative measures from Mr. Burt I removed
the regulatory control action, slaughter operations
resumed. The establishment is noncompliant withthe regulatory requirements set out in 9 CFR
313.16(a)(1).

CLOSED226

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M21898+V
21898

Farmers Union
Industries, LLC

OXG25
10024914N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

At 0657 while performing HATS Category IV(antemortem) at establishment M21898, I (b) (6)) observed the following(b) (6)
noncompliance: A hog was found to be stuck, at
its right hip, under the south side waterer of pen
11. It was vocalizing and flailing around trying to
get out from under it. The hog handler assistingwith 100% in motion inspection within pen 11
had to free the hog from under the waterer. The
hog then walked away from the waterer normally,leaving a linear indent approximately 8 inches inlength along its right side. I soon after examined
the waterer in question, as well as did
establishment maintenance, and concluded there
were no sharp edges along the lip. I did notconsider the remaining hogs at risk and therefore
did not take a regulatory control action on pen
11. Operations were allowed to continue asnormal. (b) (6)was first
notified, and later also (b) (6)of my issuing a noncompliancereport. This is noncompliant with 9CFR313.1(a)where pens shall be free of protruding
objects which may cause injury or pain to animals
and 313.2(a) where
animals shall maintain minimal excitementand discomfort when driven from holding pen to
the stunning area.

CLOSED227

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M27300LRN
Processors, Inc.

MXN23
09045006N-1

04/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(b)(1)(ii)

09:14 Tuesday, May 29, 2018

Description

StatusOn April 4, 2018, at approximately 1510 hours
while performing HATs VIII Stunning Effectivenessat the holding pens, the following noncompliance
was observed. At the time of my observation,
there were several bob veal calves that appeared
non ambulatory therefore the plant employee
walked to the knocking area and summons the
person knocking the bob veal to the holding pens.
The employee grabbed the portable captive bolt
stunner gun and attempted to stun the first calf.
The captive bolt gun misfired, and the bolt did notcome out of the gun (clicking sound). He fired two
more times and again, the bolt did not come outof the gun. After three fires where the captive bolt
malfunctioned, the captive bolt stunner properly
fired and the calf was successfully euthanized.
The calf was not injured during these misfire
events. I immediately called for Victor Vera (Plant
Manager) and informed him of the forthcoming
noncompliance record being documented for thisdeviation. The establishment employee returned
approximately thirty minutes later to stun anadditional nonambulatory calf with the same
portable captive bolt gun. Again, the gun misfired,and on the first and second attempts, the bolt did
not come out of the captive bolt gun. The calf wasstunned effectively on the third firing. The
establishment failed to comply with 9CFR
313.15(b)(ii): Stunning instruments must be
maintained in good repair.

CLOSED229

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M31559Rantoul Foods,
LLC

DRJ1811015730N-1

01/30/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn January 30, 2018, at approximately 0745
hours, while I was in the establishment barn
performing a Humane Handling Task, I observed
the following noncompliance. In the empty
holding pen No. 22, I observed that the interiorside of the entrance gate had a loose metal panel
due to the welding coming apart. The loose
paneling exposed the sharp edges of the welding.
The sharp edge in question was approximately 15
inches from the top of the gate and 3 feet, 7
inches from the left interior side of the gate. I
immediately notified one of the barn employees
to get the barn supervisor. The supervisor wasabsent for the day, but (b) (6)came in his place. I informed (b) (6)ofthe noncompliance and told him an NR would be
written. I attached two US Rejected/Retained tags
to pen No. 22. One U.S. Rejected/Retained tag No.
B42106534 was applied to the entrance gate of
the pen and the other tag No.B42106537 wasapplied to the exit gate. (b) (6)
immediately
informed (b) (6)) about
the disrepair of the gate (b) (6)observed
the gate and informed me that as soon as it had
been repaired that he would let me know. I also
informed (b) (6)and (b) (6)) ofthe noncompliance and that an NR would be
written. At approximately 0855 hours, the barn
office called the USDA office, and asked me toinspect pen No. 22. I checked the re-welded gate
and confirmed the sharp edges were gone. I thenremoved both of the U.S. Rejected/Retained tags
and told the barn they could now use holding pen
No. 22. The establishment was in noncompliancewith 9 CFR 313.1(a).

CLOSED230

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M31559Rantoul Foods,
LLC

DRJ2207045830N-1

04/30/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III-Water and Feed Availability On
April 30th, 2018, at approximately 0600 hours,
while (b) (6)was performing
ante-mortem inspection he observed that there
was no water coming from the waterers in thebarn. He informed me, (b) (6)that hebelieved there was no water available to the hogs
and I immediately went to the barn andconfirmed his observation. I tested 4 waterers in
the front alleyway holding pens and observed thatno water was available from any of the spouts.
Spouts in all other pens were observed to not
be dripping water. The hogs were not observed tobe crowded around the waterers or showing signsof stress. I asked (b) (6)to not sign any
pen cards or finish performing ante-mortem until
we addressed the issue, as the establishment had
not yet begun production. I immediately notified
the (b) (6), of thenon-compliance and asked for the barn
supervisor. (b) (6)notified me that the barn
supervisor was absent for the week and that hewould address the issue. He immediately got themain water turned back on, and I observed
overhead sprinklers turn on, as well as tested 2 of
the waterers which were observed to be working.
There was also a large leak observed near the barn
office that started when the water was turnedback on. (b) (6)then informed maintenanceof the issue, and they came to address it. At
approximately 0610 hours, I informed (b) (6)that he could finish performing
ante-mortem so that the establishment could
start production. (b) (6)could not tell me
how long the water had been turned off, but
informed me that it was likely turned off on 3rd
shift because of the large leak near the office thatwas observed when the water was turned backon. I also informed (b) (6)of the noncompliance andthat an NR would be documented. The

CLOSED231

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusestablishment was in noncompliance with 9CFR
313.2(e).
M21265+P
21265+V21
265

Smucker's
Meats

RYI1013054603N-1

05/03/2018

04C02

Livestock
HumaneHandling

313.2

HATS Category III – Water and Feed Availability
On May 3, 2018 at approximately 1000 hours thefollowing Humane Handling noncompliance wasobserved. While performing a HAT procedure in
the live pen area, it was observed that 6 cattle
were in the middle alley and did not have accessto water. I checked the anti-mortem paper andnoticed that the cattle in question had beendelivered and received anti-mortem inspection at
0729 hours. These cattle did not have access towater for approximately 2 1/2 hours. No
Regulatory Control Action was taken because (b) (6)was immediately notified and hemoved the cattle up into the stun chute so they
were next in line to be slaughtered. The plant isnoncompliant with 9CFR 313.2(e).

CLOSED232

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M18988A+
P18988A+
V18988A

Ebels Family
Center, Inc.

BXK501403240
9N-1

03/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category III: Feed and Water Availability At
approximately 1440 on Thursday 03/08/2018
during ante-mortem inspection, the following
humane handling noncompliant condition wasobserved: A group of hogs, approximately 15
animals, were contained in an area of the barn
without access to water. The area where theanimals were held is not an area normally used asa pen. The hogs were penned near the rear animal
unloading door with the gates leading into theactual holding pens chained shut; therefore notallowing the animals to reach any of the wateringsystems that the establishment uses. The hogs
had been unloaded from the company trailer eventhough all the holding pens were full. The
establishment employee who had unloaded thehogs had turned on a water valve to spray on thefloor approximately six feet from where the hogs
were located presumably to give the hogs water;
however the water was not reaching the hogs at
all. The pen card associated with the group ofhogs (27 animals, split between two areas of thebarn) had the time of establishment inspection as1240, meaning the hogs had been penned
without water for approximately two hours. Afterthe hogs were observed without water, they weremoved into one of the pens that had been
emptied, giving them access to water. The barn
employees as well as the kill floor supervisor were
informed that a noncompliance record would be
issued. The above condition is a violation of 9
CFR 313.2(e) which states that animals must haveaccess to water in all holding pens. No similar
noncompliant conditions have been observed in
the past ninety days. Continued failure to meet
regulatory requirements may result in
enforcement actions as described in 9 CFR 500.4.

OPEN

233

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M31865+P
31865+V31
865

Paradise
Locker Meats

NNI2911040709N-1

04/06/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

313.15(a) (1) Noncompliance Description. On
04/6/2018 at 1300 hours at Est. 31865, I (b) (6)conducted the monthly
verification of the robust systematic approach tohumane handling task. During my assessment I
observed noncompliance with HATS Category VIII
for stunning effectiveness. I observed the, render a(b) (6)
captive bolt stun to the Jersey cow restrained in
the knocking box and it was ineffective indelivering immediate unconsciousness to theanimal. I observed the animal remain standing in
the knock box and blinking her eyes normally witha small amount of blood present on her forehead.
A second captive bolt stun was immediately
applied and produced immediate
unconsciousness. I immediately took verbal
regulatory control by informing the slaughter
manager the noncompliance had occurred for
ineffective stunning on the first attempt and anoncompliance would be issued. I discussed withthat a NR would(b) (6)
be written due to noncompliance with 9 CFR
313.15(a) (1): “ The captive bolt stunners shall beapplied to the livestock in accordance with thissection so as to produce immediate
unconsciousness in the animals before they areshackled, hoisted, thrown, cast, or cut. The
animals shall be stunned in such a manner thatthey will be rendered unconscious with aminimum of excitement and discomfort.”

CLOSED234

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M32158+P
32158+V32
158

EstName

NR#

Date

Task

The Royal
Butcher LLC

BXF161402232
8N-1

02/28/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

HATS Category VIII: Stunning Effectiveness 9 CFR
313.16 (a)(1) On February 28, 2018 at
approximately 8:50 am, while observing stunningas part of a routine HATS Task IPP observed thefollowing non-compliance: A big Beef Bull wasproperly restrained in the stunning area. The
employee used the rifle 410 to stun, and the firststunning attempt failed. The animal fell to thefloor, but showed multiple signs of consciousness,
including spontaneous blinking, visual tracking(eyes moving side to side), and rhythmicbreathing. The establishment employee
immediately took corrective actions with a second
stun. The second stun was effective with no signsof consciousness observed thereafter. The
establishment owner Mr. Royal Larocque wasnotified verbally and writing of thisnoncompliance. This fails to meet the regulatory
requirement for 9 CFR 313.16(a)(1) . If you want
to appeal this noncompliance; please do so inaccordance with 9 CFR 306.5.

CLOSED235

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M32158+P
32158+V32
158

The Royal
Butcher LLC

BXF1014052309N-1

05/08/2018

04C02

M33843+P
33843

Center Road
Enterprises

ZIG150602032
7N-1

02/27/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.16(a)(1)

HATS Category VIII: Stunning Effectiveness 9 CFR
313.16 (a)(1) On May 08th, 2018 at
approximately 11:45 am, while observing
stunning as part of a routine HATS Task IPP
observed the following non-compliance: A calf
was properly restrained in the stunning area. Oneof the employees that usually does not slaughter
stun used the captive bolt to stun, and the firststunning attempt failed. The animal showed
multiple signs of consciousness, was standing onfour legs, visual tracking (eyes moving side toside), vocalizing, and rhythmic breathing. The
establishment employee immediately tookcorrective actions with a second stun. The second
stun was effective with no signs of consciousness
observed thereafter. The previously corrective
action was ineffective or not implemented. This
non-compliance is linked to
NR # BXF1614022328N on 2/28/2018 for thesame root cause. The establishment owner Mr.
Royal Larocque was notified verbally and writingof this noncompliance. This fails to meet theregulatory requirement for 9 CFR 313.16(a)(1) . If
you want to appeal this noncompliance; please doso in accordance with 9 CFR 306.5.

OPEN

Livestock
HumaneHandling

313.2

HATS Category 2 Truck Unloading (9 CFR 313.2
Handling of livestock). At approximately 0652 on
2/27/18 ICC Devendorf observed a trailer ofmarket hogs being unloaded and brought into pen
2 for presentation by plant employees, at thattime 1 hog managed to escape from the loading
area between the gate and the trailer. It becamevery excited and ran up the back hill behind theestablishment. Plant employees were able tocorral and catch the swine and lead the animal
back to the pens at approximately 0700 without
further incidence.

CLOSED236

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M31965+V
31965

Triumph Foods

NMO1522034719N-1

03/19/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn 03/19/2018 at approximately 2000 hours
while performing humane handling inspection
under HATS Category IV-Antemortem Inspection,
the following noncompliance was observed. A
skid steer loader was being used in the west load
ally to move a nonambulatory hog. The hog fellor jumped from the bucket. The skid steer bucket
failed to keep the animal controlled. The
operator then got out of the skid steer to attempt
to move the hog into the bucket. I requested that
establishment supervision come to area
immediately. I took regulatory control
by instructing the operator to stop attempting toload the hog. (b) (6)and (b) (6)came to the area andwere notified of my observations. The hog was insternal recumbancy and gasping slowly with its
mouth open. It was agreed that the hog would be
euthanized. A captive bolt device was used toeuthanize the hog, rendering the animal insensible
with a single blow. Regulatory control of the area
was released by verbally informing (b) (6).
The establishment failed to meet therequirements of 313.2(d)(3). In this case, the useof the skid steer loader did not result in humane
handling of the nonambulatory hog. (b) (6)was notified that these findings would
be documented in a noncompliance record.

CLOSED237

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M33916+P
33916

Loris Cold
Storage andRetailBZI0108
043006N-1

04/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category IV-“Handling during Ante-Mortem
Inspection”: Pens, floors, and driveway, including
entrances and exits are to be maintained in good
repair (9CFR 313.1). On April 6, 2018 at 9:17
A.M. I observed at the entrance gate #5 at the
middle of the gate some metal wire was broken
on the gate with some sharp points that could
injure the livestock also on entrance gate # 7
bottom right side metal wire broken that could
also injure livestock. I immediately contacted Mr.
Tim Rogers: Plant Manager, told him of thenoncompliance. He said he would start at once on
repairing the gates. 9CFR 313.1 States: Livestock
pens, driveways, and ramps shall be maintained ingood repair. They shall be free from sharp or
protruding objects which may, in the opinion of
the inspector, cause injury or pain to the animals.
Loose boards, splintered or broken planking, andunnecessary openings where the head, feet, orlegs of an animal may be injured shall be repaired.
The Establishment is currently responding to thenoncompliance and is taking immediate corrective
action to bring the subject pens back into good
repair. No animals were injured due to thisnoncompliance.

CLOSED238

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M34056+P
34056+V34
056

Olsen Farms
Meats LLC

XIC011401022
4N-1

01/22/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1),
313.16(b)(1)(i)

Hats Category VIII: Stunning Effectiveness 9 CFR
313.15 US Rejected Tag # B 38177009 ProductAffected – None On January 22, 2018 at
approximately 0900 hours, I, (b) (6)observed a humane handling incident at Est.
34056 Olsen Farm Meats. The (b) (6), (using all adequate restraints),
loaded the first market hog of the day into asqueeze panel located inside the knocking chuteat 0850 hours. At 0900 hours (b) (6)shot
the market hog using a 6 round revolver .327
caliber pistol at a distance of about 12 inchesfrom the hogs head. The market hog remained
standing and looked at the shooter and grunted.
Immediately, (within 10 seconds), (b) (6)shot the .327 caliber revolver pistol again at themarket hog at a distance of 12 inches from the
hog’s head. Again, the market hog remained
standing, looked at the shooter and grunted. At
0901 hours (b) (6)turned to his assistant
who was holding a readied/loaded 6 round
revolver .357 caliber pistol, (b) (6)aimed thepistol and shot the market hog with the 357
caliber pistol. The hog dropped and was
immediately observed to be insensible and quiet.
I took immediate Regulatory Control Action andtagged the knocking box with US Retain tag #B
38177009 and called (b) (6)and (b) (6)for advisement. Upon inspecting the market hog
head I found all 3 bullet entry holes were in thesame 1 large hole at the target center of the hog’s
head. The firm performed the following
corrective actions for the humane handling event
today. Olsen Farm Meats used the .357 caliber
revolver pistol for the rest of the day. Owner Mrs.
Kira Olsen stated she would place an order for anelectrical stunning unit today for further hog kills.

CLOSED240

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M33927+V
33927

Nelson's Meat
Processing, LLC

BUX240803422
8N-1

03/27/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

While performing slaughter inspection andverification of HATS category VIII-stunningeffectiveness at the kill floor at 1500 HRS on
3/27/18, I (b) (6), observed the following
Humane Handling non-compliance. (b) (6)was stunning a roaster hog using thecaptive bolt (b) (6)stunned the animal one
time. After approximately four seconds the animal
started vocalizing and recovering(b) (6)
consciousness. The second employee at the, was ready with the 22 caliber
rifle and shot the animal immediately a second
time. The rifle shot was effective and the animal
was rendered completely unconscious. I
proceeded and applied US Rejected Tag # B16
874680 to the knock box and notified (b) (6)
CFR313.15(a)(1) States, " The captive
bolt stunners shall be applied to the livestock inaccordance with this section so as to produce
immediate unconsciousness in the animals before
they are shackled, hoisted, thrown, cast, or cut.
The animal shall be stunned in such a manner thatthey will be rendered unconscious with aminimum of excitement and discomfort." Theestablishment failed to meet the regulation statedabove. This is a recurrence of a similar
non-compliance. See NR #BUX3307032228N.

OPEN

241

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M33927+V
33927

Nelson's Meat
Processing, LLC

BUX330703222
8N-1

03/27/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

While performing slaughter inspection at the killfloor and verifying HATS category VIII-stunningeffectiveness at 1410 HRS on 3/27/18, I (b) (6)observed the following Humane Handling
non-compliance. (b) (6)was stunning aroaster hog using a captive bolt. (b) (6)stunned the animal one time. Afterapproximately four seconds the animal started
vocalizing and recovering consciousness. The
second employee at the (b) (6)ranto the table, recharged the captive bolt, handled
the captive bolt to (b) (6)and (b) (6)stunned the animal a second time. The second
stun was effective and the animal was
rendered completely unconscious. I proceeded
and applied US Rejected Tag # B 16 874680 to
the knock box and notified(b) (6). The
US Rejected Tag was removed at 1450 HRS after
the establishment came with the corrective
action, to have a 22 caliber rifle as a back- up. If
needed, will be ready and available to do a second
shot immediately by the second employee on thekill floor. CFR313.15(a)(1) States, " The captive
bolt stunners shall be applied to the livestock inaccordance with this section so as to produce
immediate unconsciousness in the animals before
they are shackled, hoisted, thrown, cast, or cut.
The animal shall be stunned in such a manner thatthey will be rendered unconscious with aminimum of excitement and discomfort." Theestablishment failed to meet the regulation statedabove. This is a recurrence of a similar
non-compliance. See NR #BUX5212033527N.

OPEN

242

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M33927+V
33927

Nelson's Meat
Processing, LLC

BUX521203352
7N-1

03/27/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(b)(1)(iii)

On March 27th,2018 at approximately 1325
while observing slaughter operations and verifying
HATS category VIII-stunning effectiveness at
Nelson's meats Est. 33927, the following
noncompliance was observed. As the (b) (6)activated the captive bolt to stun thefifth hog of the day, the hog moved it's head
simultaneously and consequently was notstunned. This is not compliant with 9 CFR
313.15(b)(1)(iii) which states that the stunningarea is to be designed to limit free movements of
the animal so the blow may be delivered
accurately. When I went over to the knock box toexamine the animal, the hog remained standing,and it did not vocalize or show any appearance ofdistress. I could not visualize any obvious woundas the hog was walking around the knock box.
After the captive bolt gun was reloaded, thesecond shot resulted in a properly stunned hog.
However, due to the necessity of the second shot,
this is not compliant with 9 CFR 313.15(a)(1)which states that the captive bolt shall be appliedin accordance with this section so as to produce
immediate unconsciousness. Once the animal was
hoisted, I observed the head and saw a burn markbehind the left ear as well as what appeared to bea superficial flesh wound approximately 1/4 inch
in size behind the left ear that did not appear to
be bleeding at the time. I immediately informedof the noncompliance.
(b) (6)OPEN

243

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M20780A

Elysian Fields,
LLC

VYA0511033307N-1

03/07/2018

04C02

Livestock
HumaneHandling

M34181

Hemingway
Locker &Refrig.

ZEO451
2011330N-1

01/23/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.1

March 07, 2018, at approximately 1150 hours
while checking HATS category I (Inclement
Weather), I observed the following noncompliancein the holding pen: The wire cagesurrounding one of the water containers isdamaged. Two pieces of wire are protruding up
and out of the top of the cage. Each piece ofwire is approximately 6 inches in length. No
animals were present in the affected holding pen
at the time of this observation. 9 CFR 313.1 (a)states: Livestock pens, driveways and ramps shallbe maintained in good repair. They shall be freefrom sharp or protruding objects which may, inthe opinion of the inspector, cause injury or pain
to the animals. Loose boards, splintered or brokenplanking, and unnecessary openings where thehead, feet, or legs of an animal may be injured
shall be repaired. (b) (6)was notified of
the noncompliance.

CLOSED

313.1

HATS Category IV – “Handling During
Ante-Mortem Inspection”: Pens, floors, anddriveways, including entrances and exits, are to be
maintained in good repair (9 CFR 313.1). On
January 23, 2018 at approximately 8:45 am, (b) (6)and (b) (6)area vet observedthat pen 1 and 5 are in disrepair. The door to theknock box is door hinges are loose. The animals
were run out of pens and Tag Reject B39258670
and B39258671. IAW 9 CFR 313.1, Livestock
pens, driveways, and ramps shall be maintained ingood repair. They shall be free from sharp or
protruding objects which may, in the opinion of
the inspector, cause injury or pain to the animals.
Loose boards, splintered or broken planking, andunnecessary openings where the head, feet, orlegs of an animal may be injured shall be repaired.
The subject pen will remain “Rejected” for use
until good repairs are made. (b) (6)stated that he would repair the pen as soon as
possible. No animals were injured due to thisnoncompliance.

CLOSED245

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

Regs

P33833+V3
3833

Water Valley
Poultry, LLC

XRG0109015204N-1

01/04/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn January 4, 2018 at approximately 0712 thefollowing Good Commercial Practice
noncompliance was observed by (b) (6)At the entrance to the scald vat thefirst live bird was observed entering alive. There
was no cut to the neck, the bird was blinking, had
pupillary reflexes, was lifting its head, flapping its
wings and breathing rhythmically. Two additional
live birds entered the scald tank that appeared thesame as the one described above at 0712 and 46
seconds. A fourth live bird entered the scald tankwith a superficial cut to the left eye only, notpenetrating any vasculature, at 0714 and a fifth
live bird entered with no cut to the neck at 0715.
There was no back up killer present at the start ofthe shift during this time period and no supervisor
present in the area. At approximately 0716
was located and asked(b) (6)
to stop hanging due to multiple live birds entering
the scald vat, no back up killer and to come to the
USDA office to discuss corrective actions to regain
process control. Once getting to the USDA office
the incident was discussed and notification wasgiven that a GCP noncompliance would be issued.
Corrective actions were given that two additional
back up killers would be put in place and line
speeds would be reduced. (b) (6)was informed that production could resume andthat additional verification checks would be done
as well. The meeting concluded at approximately
0720. A verification check was done at
approximately 0726 and no live birds were seen
entering the scald vat at this time. At
approximately 1235 while performing averification check, the following was observed at
the entrance to the scald tank. One light fowl wasseen entering the scald tank with an uplifted
head, pupillary reflexes, rhythmic breathing,
movements and no cut to the neck. This bird
by-passed the initial back-up killer, whichappeared to not be engaged/monitoring birds

CLOSED246

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
passing him at the time, the second back-up had
been removed at this point and the final back-up
prior to the scald tank was busy correcting thenumerous birds hung in shackles by one leg andmissed this live bird. The three back-up killers
were part of the Establishment’s corrective actions
given to USDA earlier in the shift when the initial
GCP noncompliance occurred and live birds wereobserved entering the scald tank. However these
corrective actions were not still being
implemented at the time the additional live bird
was observed entering the scald tank. (b) (6)was immediately notified andinformed that further documentation would
occur. An additional verification was done
immediately. An additional live bird was removed
from the line by (b) (6)after
by-passing the initial back-up killer prior toentering the scald tank. No additional live birds
were seen entering the scald tank. This is aviolation of 9 CFR 381.65(b) which states in part,“Poultry must be slaughtered in accordance withgood commercial practices in a manner that will
result in thorough bleeding of the carcasses andensure that breathing has stopped prior toscalding.” Live bird(s) entering the scald system
live is a less than Good Commercial Practices andresults in adulterated product. The establishment
is responsible for ensuring that birds under theircontrol on the official premises are treated in ahumane manner that will minimize excitement,
discomfort, injury and/or death by means otherthan slaughter.

Status247

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

Regs

P33833+V3
3833

Water Valley
Poultry, LLC

XRG2411015605N-1

01/05/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn January 5, 2018 at approximately 0952 thefollowing Good Commercial Practice
noncompliance was observed by (b) (6)At the entrance to the scald vat
approximately 30 light fowl were observed
entering the scald vat alive. Some of the birds hadsuperficial cuts penetrating only the skin, novasculature, to the side of the neck, some hadsuperficial cuts to the comb, some to the back of
the head and three of the birds had no cuts at all.
All birds were rhythmically breathing, some werestill stunned, and others were alert, with uplifted
heads, looking around, blinking and flapping theirwings. After the 30th bird entered the scald vat I
left the entrance to the scald vat to find
. I informed him of my(b) (6)
observations and told him the area was verbally
rejected, to stop hanging and do not resume
production until informed otherwise and that I
was going to go have a meeting with the Plant
Manager Stacey Kesler. A meeting was held in the
USDA office with the Plant Manager and he wasinformed of my observations, that a GCP NR
would be issued and asked for corrective actions.
Mr. Kesler returned to the USDA office a shorttime later and informed me that the kill blade had
been changed (it was extremely dull) and asked ifthey could run a 20 bird test sample under direct
observation to determine if this would correct theissue. I agreed and went with him to the kill area.
Upon arrival with Mr. Kesler at 1004 we observedthat production had already resumed without thearea being released. Mr. Kesler went to live hangand halted production himself. Upon return, he
asked if the corrective actions could be that theyhung one bird every three shackles so they could
observe more closely to determine if they were
cut properly. I agreed and properly released thearea at approximately 1011. Verification was
immediately done at this time and all birds were
cut properly and no live birds were seen entering

CLOSED248

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
the scald vat. Mr. Kesler informed me that theestablishment would not increase the number ofbirds hung until he felt like the process could beproperly maintained under control and he could
directly observe that it was done properly. Mr.
Kesler also said that he would inform USDA prior
to increasing the number of birds that were hung.
At approximately 1539 verification was done at
the entrance to the scald tank and the following
was observed. The first live bird entered at 1539
with a superficial cut nicking the skin at the backof the head, the bird was blinking, had pupillaryreflexes, flapping and looking from side to side.
Two additional live birds entered the scald vat at
1542 that appeared exactly as the one describedabove. The fourth live bird entered with a nick tothe skin at the side of the neck at 1543 that was
blinking, rhythmically breathing, had pupillaryreflexes, flapping and looking from side to side. At
this time (b) (6)was again
asked to stop hanging as the establishment had
failed to maintain process control hanging birds inevery shackle. An additional meeting was heldwith Plant Manager Mr. Kesler to inform him of
the observations and to ask for additionalcorrective actions prior to resuming operations.
At 1604 Mr. Kesler returned to the USDA officeand said that he was stopping operations for theday, would hold a meeting with his employees in
the morning to establish a new action plan. Thisis a violation of 9 CFR 381.65(b) which states inpart, “Poultry must be slaughtered in accordancewith good commercial practices in a manner thatwill result in thorough bleeding of the carcasses
and ensure that breathing has stopped prior toscalding.” Live bird(s) entering the scald system
live is a less than Good Commercial Practices andresults in adulterated product. The establishment
is responsible for ensuring that birds under theircontrol on the official premises are treated in ahumane manner that will minimize excitement,

Status249

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusdiscomfort, injury and/or death by means otherthan slaughter. Past similar NR
XRG0109015204N dated January 4, 2018 inwhich previous preventative measures either were
not implemented or were ineffective.
M34569+V
34569

Ohio Farms
Packing Co.
Ltd.

DTY070501271
2N-1

01/11/2018

04C02

Livestock
HumaneHandling

313.2

On 1/11/18 at approximately 5:15 am (b) (6)was conducting an odd hour inspection for
Humane Handling. Pen 5 had two tubs of waterand two nipple barrels. Neither of the nipple
barrels had water of a sufficient level that could
be accessed by the hoses for the nipples, as they
had less than ½ inch of water accumulated in thecorner of the barrel that did not come in contact
with a hose. (b) (6) alerted establishment
personnel of the empty barrels in Pen 5 and(b) (6)
requested them to be refilled with water.
returned to the area approximately 20
minutes later and could see that the nipples
barrels in Pen 5 were now ¼ full of water.
Accessible water must be made available in amanner that the particular type of livestock held
are accustomed to or capable of utilizing.
Therefore, this finding of the empty water nipple
barrel represents a non compliance to 9CFR313.2,
HATS category III, which states that water must be
available and accessible to livestock in all holding
pens.

OPEN

250

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

Status

M34713+V
34713

Innovative
Foods, LLC

VOL5908033401N-1

02/28/2018

04C02

Livestock
HumaneHandling

313.15(a)(3)

On 2/28/2018 at approximately 1430 while while
performing the HATS verification task the stunning
procedure immediate unconscious and remain
unconscious, I ((b) (6)) observed thefollowing noncompliance. The Establishment
employee using a captive bolt instrument stunned
the animal and it went down an appeared to berendered unconscious immediately but as theshackles were being applied the animal started to
vocalize, the animal did not remain unconscious.
The employee immediately stunned the animal a
second time and the second stun was effective in
rendering the animal unconscious and it remained
unconscious throughout the shackling, hoisting,sticking and bleeding process. I notified (b) (6)that this was a(b) (6)
noncompliance and that an NR would be issued.

CLOSED

M34660Tran Meat
Corporation

XVC451005051
6N-1

05/16/2018

04C02

Livestock
HumaneHandling

313.15(a)(3),
313.16(a)(3)

H. Category VIII - Stunning Effectiveness (9 CFR
313.5, 313.15, 313.16, and 313.30): Ineffective
Stun: A stunning attempt that contacts theanimal, but does not render the animal into
unconscious. At 11:00 a.m. on Tuesday,
5/15/2018, during slaughter activity, I observed
the designated plant employee stunning a one
year old bull or steer calf using a rifle., He
completely missed the proper area on the animalhead by one inch which did not render the animal
unconscious. The animal still standing and started
moving his head from side to side. The plant
employee immediately reload the rifle, waiting forthe animal’s head position to be correct then heapplied the second shot which rendered theanimal unconscious. Your stunning attempt was
not successful on the first attempt which caused
unnecessary excitement and discomfort to theanimal. You are not in compliance with CFR.
313.16 which requires that Livestock are rendered
unconscious with a single application of a bullet
or projectile. Thank you for your help, if theabove NR. Is acceptable, I will go ahead put it on
the proper format on PHIS.

CLOSED251

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M34543

Brewer MeatsDFN411
2013731N-1

01/30/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn January 30, 2018 at approximately 0930
hours, while performing HATS category (III)verifications, (b) (6)observed thefollowing Humane Handling noncompliance.
Several holding pens housing animals were foundto be without water. (b) (6)inspected pens#6 through 15 which are adjacent to the scale andsorting area. Pens 8, 9, 11, 12, and 13 were foundto have empty water troughs. The 50 gallon
troughs in three of these pens were completely
dry of any moisture while the remaining troughs
showed some moisture on the bottom but noaccessible water. All pens contained lambs, sheepor goats with numbers ranging fromapproximately 10 to 30 head per pen. Most ofthese animals would have been housed in thesame pens overnight. On inspection of the barnconnected to this area, (b) (6)observed threeof five pens, containing mostly lambs and sheep,
to have their water troughs turned upside downwith animals standing on top of them. All pens
had feed available. (b) (6)informed Mr.
Donnie Brewer, plant owner, of thenoncompliance and that the establishment failed
to meet the regulatory requirements prescribed in
9 CFR 313.2(e). Mr. Brewer went to the barn todiscuss the situation with employees. He reported
that the water hose had been left connected to an
outdoor hydrant and had frozen. The employees
had thawed the hydrant but were still attempting
to thaw out the hose itself. Mr. Brewer instructedemployees to transport water via wheelbarrow toaffected pens until such time the water hose wasfunctional.

CLOSED252

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M31578TrentonProcessing
Center, Inc.

LKK430705521
6N-1

05/16/2018

04C02

M39968+P
39968

Donald's Meat
Processing, LLC

PIF4913034123N-1

03/23/2018

M39968+P
39968

Donald's Meat
Processing, LLC

PIF4909
042324N-1

04/24/2018

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(1),
313.15(b)(1)(iii)

This morning during slaughter I observed Gary
(Trenton Processing Owner) using a captive bolt
on a lamb to render it unconscious. The firstattempt failed, the lamb was still standing, Garythen quickly dropped the lamb with a second
shot. A close look at the lamb's skull showed twoholes, one just over the eye and the other in thecenter of the top of the forehead.

CLOSED

04C02

Livestock
HumaneHandling

313.15(a)(1)

At approximately 9:35am, (b) (6)observed the following Humane Handlingnoncompliance: an establishment employee
attempted to stun a sheep using a .25 Magnum
hand-held captive bolt stunning device (HHCB).
Following the initial stun attempt, the sheep
remained standing, had tracking eye movement,
and had blood dripping down its nose. The
employee immediately grabbed the backup .22
Magnum rifle and applied an effective stun to thesheep. No regulatory action was taken as theemployee opted to use the .22 Magnum rifle forthe remainder of the sheep to be processed. The
establishment does not have a documented
systematic approach for humane handling.
was informed of (b) (6)(b) (6)findings. The above findings are in noncompliancewith 9CFR 313.15(a)(1)

CLOSED

04C02

Livestock
HumaneHandling

313.16(a)(1),
313.2(f),313.30(a)(3)

At 10:40am while watching the stunning of alarge Holstein heifer in the stunning area of thekill floor, I observed the first stunning attempt was
not fully effective. The animals hind end went
down however her front feet remained uprightand she vocalized and was trying to get up. (b) (6)
had a back up weapon available andimmediately applied a second effective shot.
was notified immediately via text(b) (6)message and in writing with this non compliancereport. This is a non compliance under 9CFR
313.2(f) , 313.16(a)(1), and 313.30(a)(3)

CLOSED253

Table: Noncompliance Reports in Response to FOIA2018-328
TaskNameRegs

09:14 Tuesday, May 29, 2018

EstNbr

EstName

NR#

Date

Task

Description

Status

M40106Cherry Meat
Company

JFQ2409011402N-1

01/02/2018

04C02

Livestock
HumaneHandling

M40041+P
40041

Marksbury
Farm Foods,
LLC

NRW02
12022414N-1

02/14/2018

04C02

Livestock
HumaneHandling

313.15(a)(1)

On 02/14/2018 at approximately 1100 on the
livestock slaughter floor at Marksbury Farm
Foods, LLC (b) (6)observed anineffective stun on a market lamb. After the firststun the knock box was opened and the lamb wasrolled out onto the slaughter room floor. On thefloor the lamb showed a weak righting reflex,
head raise, and eye tracking. At this time asecond effective stun was applied. (b) (6)notified the (b) (6)(b) (6) of the ineffective stun and tagged theknock box with U.S. rejected Tag # B28142216.
This is non-compliance with 9 CFR 313.15 (a)(1)and HATS category #8; first stun must render thelamb unconscious and insensible to pain.

CLOSED

M40041+P
40041

Marksbury
Farm Foods,
LLC

NRW15
08045405N-1

04/05/2018

04C02

Livestock
HumaneHandling

313.15(a)(2),
313.15(b)(1)(iii)

Hats Category 8 - On/04/05/2018 at Marksbury
Farm Foods .LLC M40041. Approximately 815
while on the slaughter floor the following
noncompliance was observed, (b) (6)heard a commotion at the knock box andobserved a cow going through the knock box andonto the slaughter floor. The knock box wastagged at approximately 845 with U.S Reject tag
B41495587. The plant failed to control, restrain,
and deliver a calm animal to the knocking
environment, and was non-compliant with 9CFR
313.15(a)(2) and 9CFR 313.15(b)(1)(iii). (b) (6)and (b) (6)were notified of this noncompliance

CLOSEDOPEN

254

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbrP40183

EstName

NR#

Date

Task

TaskName

Regs

Sanderson
Farms, Inc.

PEH3914052303N-1

04/30/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn April 30, 2018, at approximately 1730 hours in
the Live Hang room, I observed approximately 5
piles of dead birds. Upon further investigation, I
counted about 95 dead birds in the pile of deadbird located next to the door leading to the
Picking Room. There were 4 other piles of birds,
similar in size and dimensions as the pile of 95
dead birds. The dead birds in the aisle closest to
the exit door (leading to the dumper) covered thefloor below making it difficult for several
establishment employees to pass by without
stepping on the dead birds located below. I
asked (b) (6), why
there are so many dead birds and he stated hehad a problem with the belt speed. As (b) (6)was telling me this, he was transporting
dead birds from one pile to another location todiscard them. In the pile closest to the door, I
observed several live birds mixed in the pile ofdead ones. One bird was resting comfortably on
top the pile while two alert live birds were foundbeneath the dead ones. I also observed theemployees responsible for hanging the birds on
the shackle continue to hang birds and continue
to place additional dead birds off the belt into thepiles. At no point while I was present did (b) (6)intervene to regain control of the process.
I spoke with (b) (6)and stated thatthe process was out of control and that I was
taking regulatory control and stopping them fromhanging additional birds. I also informed him that
I needed to speak with a Plant Manager. Shortly
after (b) (6)) and(b) (6))
arrived. I notified (b) (6)of my concernsand proceeded to place US Reject Tag#B37106775 on the power switch at the dumper
station. I continued to inspect the area andobserved additional birds that had suffocated andbirds that were still being suffocated or at risk ofbeing suffocated on the Live Hang conveyor belt. I

CLOSED255

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M40359+P
40359+V40
359

Trinity Meat
Company LLC

XQQ4507055603N-1

05/03/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

Humane Handling Category #8 Stunning
Effectiveness On this date at approximately 0800
hours, the following non-compliance wasobserved: A steer was moved into the knock box,
the head was placed in the restraint, and aharness placed on the head secured through theeyebolt by the lead rope which was held tight by aplant employee. The animal appeared to be calm.
The employee performing the stunning positioned
the rifle, a 410 caliber with hollow- point shells,
and shot attempting to stun the animal. The steer
moved its head slightly at that precise momentand remained standing with normal eye
movement and no vocalization. Within seconds,
the employee took a second shot rendering thesteer unconscious. No regulatory control action
was taken since this was the last animal forslaughter today. The establishment does have an
active Robust Humane Handling Plan. Firearms
must produce immediate unconsciousness in an
animal with a single shot. I notified (b) (6)verbally, and Doug
Thompson, owner electronically and with thiswritten notice.

CLOSED257

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M40268A+
P40268A+
V40268A

J & R Natural
Meat and
Sausage Mobile Harvest
Unit

JNE491403452
9N-1

03/29/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)Today, March 29, 2018, at approximately 0955
hours the following noncompliance was noted.
CSI was performing a Humane Handling task,
HATS category for Stunning Effectiveness. CSI wasobserving as (b) (6)attempted to stun a steer with the Blitz
captive bolt with a very heavy load. The steer wascalm in the knock box but as he put the captive
bolt to the animals head it abruptly moved
causing (b) (6) to knock the steer between
the eye and nose area. The steer seemed to be
only slightly startled but did not appear to be inany distress. (b) (6) immediately grabbed the
backup weapon (Cash Heavy Mag with a very
heavy load) and knocked the steer successfullycausing it to be adequately stunned and insensible
within approximately 10 seconds. The steer wasthen stuck and bled. CSI tagged the knock box
with US Rejected tag B38581909 while discussing
the incident with (b) (6) . CSI determined theappropriate corrective action was taken and (b) (6)followed the MHU's SOP for Humane
Handling. The tag was removed and the harvest
proceeded without incident. Upon returning to
the plant CSI reread the plants humane handling
SOP and the records generated from the harvest.
(b) (6) performed all procedures listed andcorrectly noted the incident on the records. The
plant does not currently have a robust systematic
approach to humane handling. This is a violationof 9 CFR 313.15(a)(1).

CLOSED258

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

CLOSED(b) (6

CLOSED

M40432

Callicrate
Cattle Co.

XQR150704071
9N-1

04/17/2018

04C02

Livestock
HumaneHandling

313.16(a)(1),
313.16(a)(3)

At approximately 1238 hours on 4/17/18
and (b) (6) observed the following
non-compliance during slaughter operations. A
plant employee used a 357 magnum to stun acow. The firearm discharged but the cow
remained standing; her head was erect and hereyes were focused. The plant employee
immediately took a second shot; the cow thencollapsed, the head was now relaxed, the tongue
was hanging out and flaccid; the eyes now held ablank unfocused stare. After the second stunattempt, the operator released the collapsed
carcass from the chute and performed
consciousness tests and determined the animal
was now unconscious and insensible to pain. We
notified(b) (6)of the stun failure violation immediately after it
was determined the cow was unconscious andinsensitive to pain. A post-mortem examinationof the skull indicated the first stun attempt
stun-failure was mitigated by improper shot
placement. The above described event is
non-compliant with 9 CFR 313.16 (a) (1) & (3).
We notified (b) (6) that a NR would be issued.

M40432

Callicrate
Cattle Co.

XQR260704141
9N-1

04/18/2018

04C02

Livestock
HumaneHandling

313.2

At approximately 0804 hours on 4/18/18 I (b) (6)(b) (6)
observed the following non-compliancewhile performing ante-mortem inspection on 2
steers inside a pen. I did not observe any buckets
of water available to the steers and nor did they
have any access to water by any means at thismoment. I notified (b) (6)of the non-compliance and that a NR
would be issued. (b) (6) made water available
to the steers. The above described event is
non-compliant of 9 CFR 313.2(e).

259

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M901+P90
1+V901

EklundProcessing Inc.

BUU071
201092
2N-1

01/22/2018

04C02

Livestock
HumaneHandling

313.2

M38552+P
38552

B&M
Processing

HJY271103441
5N-1

03/15/2018

04C02

Livestock
HumaneHandling

313.1

HJY5409030220N-1

03/20/2018

Livestock
HumaneHandling

313.1

M38552+P
38552

B&M
Processing

04C02

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

StatusHATS III Category Water Availability
On January 22, 2018 at approximately 11:00
a.m. I was conducting the Humane Handling task
when I witnessed the following
noncompliance. 1 pen with 3 pigs did nothave water. The water bucket was empty. The
establishment was notified immediately andthe bucket was filled with water. This is anoncompliance of 9CFR 313.2(e). Management
was notified of this noncompliance verbally and in
written form with this document.

CLOSED

On 03/15/2018 at approximately 9:00 AM,

CLOSED(b) (6)was observing the slaughter of market swine at
the establishment. While watching the slaughter
saw the third, fourth and sixth pig(b) (6)that went into the knock box trip, slip, and fall as
they entered. This is noncompliant with 9
CFR 313.1(b).
On 03/20/2018 at approximately 8:30 AM,and(b) (6)
were observing the beefslaughter at the establishment and observed thefollowing Humane Handling noncompliance. In
the pen closest to the knock box anapproximately one and a half foot piece of thevertical support bar of the metal gate was broken
loose. The broken end was sticking down andtouching the side of a market swine laying in thepen. The swine was not injured by the metal but
if it had stood up it could have been stabbed by
the broken end. This is a noncompliance of 9 CFR
313.1(a). Immediately after plant management
was notified they removed the broken piece fromthe gate in the pen.
(b) (6)

CLOSED260

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M932+P93
2

West Georgia
Processing

LPK281404481
9N-1

04/19/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(2),313.2

On April 19, 2018 at approximately 0952 at West
Georgia Processing, est. 932, while performing aroutine Humane Handling verification, (b) (6)and (b) (6), observed thefollowing Humane Handling noncompliance.
Handling of Livestock 9 CFR 313.2, Driving of theanimals 9 CFR 313.15(a)(2) During a Halal kill at
West Georgia Processing, Est. 932, an employee
grabbed a sheep by the scuff of the neck and therump, and lifted the sheep off the ground, about
3-4 feet, and proceeded to toss the animal into
the knock box (b) (6)notified theemployee to stop the action. Then, IIC checked
the animal’s welfare. It was not injured and wasable to continue on its own to the knock box. The
Kill resumed. It is determined that this is a
non-egregious Humane Handling violation.
notified(b) (6) of this anon-egregious Humane Handling violation.
Establishments Corrective Actions: Establishment
has stated that they will retrain employees anddesignate only certain employees to drive
animals.

OPEN(b) (6)261

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M40147+P
40147+V40
147

This Old Farm,Inc.

LDY290702441
4N-1

02/14/2018

04C02

Livestock
HumaneHandling

M44779Faulkner
Meats

VMV51
12015826N-1

01/26/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.1

Hats Category IV-Ante-Mortem Inspection On
February 14, 2018 at approximately 08:05 while
performing ante-mortem the following
non-compliance was observed. A livestock trailer
was being used as a holding pen for a beef
because it’s horns could not fit through theholding pen gate. The trailer had multiple areas ofrusted sheet metal. The beef had kicked holes inthe sheet metal leading to sharp jagged rustyedges protruding into the holding area. The
largest of the rusted out areas was approximately
four feet wide, at approximately six inches above
the flooring. This rusted area caused the wall toflex and separate when the beef pushed against
it. At no time did the beef exhibit signs of
distress. Upon further examination of the beef
there was no evidence of injury. (b) (6)was notified verbally of thisnon-compliance. Immediate corrective andpreventative measures by the establishment wereto humanely euthanize the beef and stop using
the trailer for a holding pen.

CLOSED

313.2

January 26, 2018
While
performing the Livestock Humane Handling task
at Faulkner Meats, Taylorsville, KY, specifically
Humane Handling Activities Tracking System(HATS) category III—water and feed availability,
non-compliance was observed at approximately
1330. Two hogs were observed in a holding pen;
the bottom portion of a plastic drum was present
and was found to be completely dry. There were
no indications of it recently holding water. Plant
personnel were informed of this observation andthe impending non-compliance record.

OPEN

262

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status

M44779Faulkner
Meats

VMV29
13025906N-1

02/06/2018

04C02

Livestock
HumaneHandling

313.2

February 6, 2018 At approximately 1430 while
performing the Livestock Humane Handling task
at Faulkner Meats, Taylorsville, KY,
non-compliance was observed, specifically HATS
category III--water and feed availability. A large
holding pen containing numerous small ruminants
was found to have a bottom portion of a plastic
drum being used as a water trough; the troughwas completely dry and had dry feedstuff on theinside bottom. Plant personnel (b) (6)was informed of this observation and of theimpending non-compliance record. Thisobservation continues a recent trend in water
availability; NR# VMV5613114921N-1 dated
11.21.2017 and NR# VMV5112015826N-1 dated
01.26.2018 are recent events. It would appear
corrective actions are ineffective or are not being
implemented to prevent reoccurrence.

OPEN

M44779Faulkner
Meats

VMV04
14031813N-1

03/13/2018

04C02

Livestock
HumaneHandling

313.1

March 13, 2018 While performing the Livestock
Humane Handling task, specifically HATS Category
IV-Ante-mortem inspection, non-compliance wasobserved at Faulkner’s Meats, Taylorsville, KY. At
approximately 1400 a small holding pen wasobserved to contain 5 lambs, as well as a wheelbarrow and a garden hose lying on the floor. The
lambs were observed huddled in a corner behind
the wheelbarrow. The lambs could have easily
become entangled in the obstacles present in thepen. The observation was brought to the attentionof (b) (6), who was informedof this non-compliance and the impending
record.He removed the wheelbarrow and hosefrom the pen.

OPEN

263

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M44910+P
44910+V44
910

Abattoir
Associates Inc.

JCH301103351
4N-1

03/14/2018

04C02

Livestock
HumaneHandling

M44922

Prime Fresh
Foods, LLC

HXV190901521
2N-1

01/12/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HAT Category-III – Water, 9 CFR 313.2(e) At
approximately 0900, while observing livestockpresented for anti-mortem inspection at
establishment 44910, it was found that no water
was available for three market hogs being held forslaughter. In the pen adjacent to the three market
hogs was found two empty rubber watercontainers. Ms. Helen McArthur, Plant Manager,
was notified of the humane handlingnoncompliance, 9 CFR 313.2(e).

CLOSED

313.1

grate on ramp needs repairing, bottom of panel
on tub requires repairing

CLOSED264

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M44932+P
44932+V44
932

EstName
BelCampo
Butchery

NR#

Date

Task

THC0518015905N-1

01/05/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

At approximately 0658 hours on Friday, January05, 2018, (b) (6)came to the inspection office and notified me (b) (6)assigned to cover the
CSI-9 position at Est. 44932, BelCampo Butcheryin Yreka, CA) the needed a Reject Tag due to an
ineffective knock of an Angus beef animal. His
observations were as follows: He was on theslaughter floor standing by the sink in the viscera
inspection area approximately 35 feet from theknocking box. An Angus had been moved into theknocking box, the head restraint engaged and thechin lift activated. The FI observed the knocking
from his location at the sink; he had anunobstructed view from his location. The plant
employee doing the knocking administered thefirst knock which was ineffective; the animal
vocalized. The plant employee then unloaded andreloaded the hand-held captive-bolt (HHCB)
knocking gun and administered an effective
second knock. The FI estimates less than 30
seconds elapsed between the two knocks. A
Regulatory Control Action was initiated by placing
Reject Tag # B35731790)on the knocking box. The
Plant Manager, Shawn Sparks, was notified at
0700hours that the knocking box had beentagged and no more animals could be slaughtered
until the Reject Tag was removed. Per the plant’s
Humane Handling Plan a second HHCB knocking
gun is to be available at the knocking box in theevent a second knock is needed. The second HHCP
knocking gun was available but the plant
employee did not follow the plant’s procedure.
At 0720 (b) (6) provided the following
Corrective Actions: The involved employee has
been suspended pending an investigation. (b) (6)acknowledged the plant’s procedure for asecond knock had not been followed. He willverify the involved employee received the proper
HH training. All animals in the kill alley havebeen backed out of the kill alley and are in a pen

CLOSED265

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
with water. At 0815 hours I removed the RejectTag from the knocking box; (b) (6) was
informed that slaughter could resume and that an
NR would be issued.

Status266

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M44932+P
44932+V44
932

EstName
BelCampo
Butchery

NR#

Date

Task

THC1413015110N-101/10/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

Humane Handling: On 01/10/2018 at
approximately 0620 hours USDA (b) (6)observed Establishment 44932 employees
attempt to drive a market swine from the alley tothe knock box. It was observed by (b) (6)that an establishment employee grasp theswine by the tail and attempt to release the swine
been hurt from the foot been entrapped. During
the attempt the foot of the market swine became
entrapped in a gap between a vertical end pole of
the alleyway and the frame of the knock box. The
pig vocalized and struggled vigorously to free itself
from the entrapment. It was concluded by theinspector that the pig was in distress and harmed.
The inspector took regulatory control action andplaced USDA Reject Tag Number B30663544 on
the knock box. She then spoke to her immediate
supervisor who then contacted his Front Line
Supervisor. After speaking to Front Line Supervisor
the reject tags are to remain, stop moving pigs
into alley way and cease slaughter until further
notice. Establishment 44932 (b) (6)

CLOSED, and (b) (6)), was informedof the regulatory control action. Establishment’s
Correction Actions: Maintenance performed a
temporary fix by placing 2 pieces of Plexiglas in
the gap that was from the Alleyway to the Knockbox. This allowed the animals to move freely into
the Knock box without the hazard of falling into
the gap. FSIS personnel observed the corrective
actions and were found acceptable. Regulatory
control was released at approximately 0850 hours
by removing USDA Reject Tag #B30663544 andproduction was resumed. Preventive Measure
was given by Establishment’s Management:
Maintenance will move the Knock box closer tothe Alleyway and fill in any remaining space. The
following Regulation of but, not limited too 9CFR
313.1(a) and 313.2 (a) were not met. 9CFR

267

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
313.1(a) Livestock pens, driveways and ramps.
Livestock pens, driveways and ramps shall bemaintained in good repair. They shall be free fromsharp or protruding objects wish may, in theopinion of the inspector, cause injury or pain to
the animals. Loose boards, splintered or brokenplanking, and un-necessary openings where thehead, feet, or legs of an animal may be injured
shall be repaired. 9CFR 313.2 (a) Handling ofLivestock. Driving of livestock from theun-loading ramps to the holding pens and fromthe holding pens to the stunning area shall bedone with a minimum of excitement anddiscomfort to the animals. Livestock shall not beforced to move faster than a normal walking
speed.

Status268

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M44932+P
44932+V44
932

EstName
BelCampo
Butchery

NR#

Date

Task

THC041702262
8N-1

02/28/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(b)(1)(ii),313.15(a)(1)

2/28/2018 0905 Humane Handling Est. M44932
At approximately 0905 hours on 2/28/18,,(b) (6)
observed an establishment employee performinga routine knock on a beef. (b) (6) observed thecaptive bolt knocking gun miss fire in which thebolt didn’t fully penetrate the beef skull. As
observed by (b) (6) the beef in question
showed all the signs of being fully alert such as
still breathing, struggling to get its head out of thehead catch as if nothing had happened. The
establishment employee immediately
administered a second knock with a second
captive bolt knocking gun rendering the beef
unconscious. (b) (6) immediately spoke to theHis immediate verbal(b) (6)
response was the captive bolt gun was notworking properly. Post-morten examination of
the skinned head found 2 knock holes where one
did not completely enter the brain cavity but theother hole did enter brain cavity. (b) (6)wasinformed that an noncompliance record would be
issued citing §313.15 (a) (1) and 313.15 (b) (1) for
ineffective unconsciousness after first knock andfor failing to maintain stunning instruments inproper working order respectively. (b) (6)then stated their corrective actions were to use abrand new captive bolt knocking gun and replace
the older ammunition with new ammunition toensure that the captive bolt knocking gun would
work and the remaining cattle would be knocked
properly. The HATS category: stunningeffectiveness

OPEN

269

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M44932+P
44932+V44
932

EstName
BelCampo
Butchery

NR#

Date

Task

THC201702112
8N-1

02/28/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(b)(1)(ii),313.15(a)(1)

09:14 Tuesday, May 29, 2018

Description
2/28/2018 Humane Handling Est. M44932 At
approximately 1015 hours on 2/28/2018,(b) (6)
observed a wild, nervous, agitated beef enter the
knocking box. After the beef was properly
restrained the plant employee attempted toknock the beef twice in which the firing
mechanism failed to work causing the beef toreact with increasing resistance to restraint,
vocalization and repeatedly hitting back of head,
jaw and neck against head catch. The plant
employee then retrieved the backup knocking
device and administered a desensitizing knock tothe beef in question. (b) (6)was verbally informed bythat the(b) (6)
captive bolt knocking gun was not working
properly and minor adjustments were made to
the knocking gun and dry fired to ensure it wasworking properly returning it to production foruse. (b) (6)verbal corrective
actions included having maintenance inspect thecaptive bolt guns to ensure their proper
functionality (b) (6) also stated that the firm
was looking into a new type of knocking
gun/device (b) (6) was informed by(b) (6)that a noncompliance record would be issued
citing §313.15 (a) (1) for the firm failing tomaintain minimum excitement and discomfort for
the animal and 313.15 (b) (1) (ii) for not keeping
the stunning device in proper working condition.
This NR is linked to NR THC0417022628N. The
firms previous verbal corrective actions were
either ineffective or were not implemented. The
HATS category: stunning effectivenessStatusOPEN

270

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M44932+P
44932+V44
932

EstName
BelCampo
Butchery

NR#

Date

Task

THC5810043830N-1

04/30/2018

04C02

TaskName
Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

StatusAt about 7:30 am on 4/30/2018 while verifying
knocking procedures as proffered byestablishment in response to humane handlingissues, I found that the establishment failed tofollow the procedure that they presented on thefirst beef slaughtered. The beef was rendered
unconscious with an effective initial knock that
was applied but employee in charge of knocking
released the animal from the restraint without
application of a "security knock" as requiredby establishment's written procedures presented
as corrective action for their suspension.
Establishment was issued a Notice of Return ofSuspension Held in Abeyance after submission of
written procedures to be followed. One of those
procedures is to apply a second (security) knock
after an initial effective knock. The fact that theestablishment failed to follow the SOP that was
submitted is violation 9CFR 500.3 (a)(5). I
discussed the issue with (b) (6) and informed
him that a noncompliance would be issued.
He explained that there had beena miscommunication with (b) (6)responsible for knocking the animals. He also said
that he would note the incident and counsel theemployee. The matter was referred to FLS for
correlation and it was decided that anoncompliance should be issued as a result of theincident. No regulatory control was taken as
slaughter did proceed "humanely" as animal was
rendered unconscious with the initial knock.

OPEN

271

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

Status

M44932+P
44932+V44
932

BelCampo
Butchery

THC2010055508N-1

05/08/2018

04C02

Livestock
HumaneHandling

313.1, 313.2

On Tuesday May 8 2018, at approximately 0605
hours (b) (6)
did a routine check of theholding pens at Belcampo. (b) (6) , observed
one of the holding pen with approximately 8
Cattles and no water access. The condition of theCattles looked to be normal behavior there was no
visual signs of heat exhaustion and the breathing
looked to be normal. The position of the holding
pen was on the South West corner of Belcampo's
holding pens; however there was plenty of shade
and air flow. I (b) (6)informed (b) (6)that one of their holding pens with cattle’s
present had no access to water. (b) (6)quickly grabbed the water hose and a placed
water trough and placed it into the holding pen.
(b) (6) said they had water last time hechecks but maybe the cattle knock over the water
trough. I (b) (6)confirmed all the water
troughs had water. (b) (6) said he would
watch the water troughs throughout the day. I
verbally informed (b) (6)(b) (6)that a noncompliance would
be issued for 9CFR313.2 (e) Animals shall haveaccess to water in all holding pens. This NR will
be linked for the same cause.

OPEN

M44993+P
44993

Musa Halal
Slaughter
House, LLC

JAQ560903111
2N-1

03/12/2018

04C02

Livestock
HumaneHandling

313.1

While observing pen conditions during movementof animals after antemortem. I noted that thesqueeze chute/stunning pen used to position
animals for ritual slaughter was damaged. A closer
examination of the metal bars on the pen showed
one area on the left side of the bar used to holdthe animals head in place where it joins the main
framework of the pen to be rusted through andhave sharp edges. These edges extend out about
a 1/2" in various locations around the bar. As theedges could cause injury or harm to the animal I
rejected the piece of equipment with USDA
tag # B43233744. (b) (6)was notified of thisrejection.

OPEN

272

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M45029+P
45029

Vermont
Packinghouse
LLC

FUU591
2015002N-1

01/02/2018

04C02

Livestock
HumaneHandling

M45029+P
45029

Vermont
Packinghouse
LLC

FUU191302502
6N-1

02/26/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

HAT Category III – Water Availability On
1/2/2018, at approximately 13:10hrs, while
conducting a humane handling task, (b) (6)observed the following non-compliance:
Pen #2 holding 20 swine did not have suitable
access to water. The top access point of theautomatic waterer was not frozen, however thebottom access point of the automatic waterer wasfrozen solid. The swine are unable to access the
top waterer. I immediately notified slaughter
floor employee of my findings. The establishment
did not meet the regulatory requirement of 9 CFR
313.2(e), which requires that water be available tolivestock in all holding pens. By reviewing PHIS
there has been a similar noncompliance written
within the 90 days.

CLOSED

313.1

Category IV On February 26th, 2018 at
approximately 8:30am this occurred at Vermont
Packing House: The barn supervisor had placed aheavy calf (about 500 pounds) into the knock box.
He then closed the door behind the animal. He
went to the front of the knock box to secure theanimal into the head gate. After opening the headgate the employee tried to get the animals head
secured however he saw that the animal was wild
and tried to push it back into the knock box. The
head gate was opened wide enough to allow theanimal to get through and escape the kill chuteafter putting his front legs through. The animal,
once out of the knock box, pushed the employee
into the exit door which was to the right of theemployee. The door then opened and the animal
escaped.

CLOSED273

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45029+P
45029

Vermont
Packinghouse
LLC

FUU481203230
6N-1

03/06/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory II Truck Unloading. On March 6th, 2018
while a performing Humane Handling Task, I
observed the following noncompliance. The
farmer had the truck backed-up to into theunloading area. The back of the truck where theswine were being unloaded from wasapproximately 1.5-2 feet off the ground. The
farmer was guiding the swine to the back door of
the truck using a board. I witnessed one swine fall
off the truck backwards onto its back, where it
rolled and vocalized. A second swine off -loaded
facing forward, but lost its footing as it unloaded
buckling forward onto its front limbs.
Immediately I informed the farmer he was notallowed to unload the swine without using theramp, as the truck bed was too high off theground. I informed the kill floor supervisor and hewent to the trailer and had the farmer wait until
he put the ramp down so the remaining swine
could unload off the truck using the ramp. No
regulatory control action was taken as thesupervisor took immediate corrective action. I
Informed the kill floor supervisor and the HACCP
Coordinator this is a noncompliance. This is aviolation of the humane handling regulation, 9CFR
313.2(a).

CLOSED274

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45029+P
45029

Vermont
Packinghouse
LLC

FUU430803042
9N-1

03/29/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusHATS Category VII Slips and Falls: On Thursday
March 29, 2018 at approximately 9:00 am while
performing humane handling verification
procedures, the following noncompliance wasobserved by (b) (6)and (b) (6)A bovine animal entered into the stun box
and head gate area. Before the locking head gate
mechanism could be initiated, the animal thrust
itself against the head gate and slipped, falling in
her back two legs. While trying to regain her
footing, one of her back legs slipped between thestun box side door and floor, becoming
entrapped. While trying to free her leg, the medialaspect of her lower hock sustained a wound fromthe scraping movements against the floor edge.
Establishment employees took immediate
corrective actions and freed her leg, allowing her
to regain footing after a few attempts. The animal
was then successfully stunned on the first attemptusing captive bolt, and did not regain
consciousness throughout shackling, sticking, or
bleeding. This is in noncompliance with 9 CFR
313.1(b).

CLOSED275

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M45099+P
45099+V45
099

Responsible
Transportation
LLC

VOT5708024820N-1

02/20/2018

04C02

Livestock
HumaneHandling

M8+V8

Iowa Premium,
LLC

VSH1808053710N-1

05/10/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

This morning, February 20, 2018, atapproximately 0715 hours, I, (b) (6),while performing HATS Category III-Water andFeed Availability, verification during HATS
Category IV Handling during Ante-Mortem
Inspection at Establishment 45099, observed thefollowing noncompliance: The cattle in pens 1, 2a,and 2b did not have access to water. I reviewed
the cattle unloading records maintained by theestablishment and saw that the unloading ofthese animals occurred at 1843 hours on 2/19/18.
There were 4 head of cattle in pen 1 and 20 headof cattle in pen2a/b at the start of ante-mortem
on 2/20/18. The establishment did not meet theregulatory requirements of 9 CFR 313.2 (e). I
verbally notified (b) (6)of the noncompliance and informed himthat an NR would be forthcoming. The
establishment immediately resolved the issue andsupplied both pens with water.

CLOSED

313.2

On May 10th at approximately 7:20 AM, I,, was in the barn of M8
performing antemortem inspection, HATS Task
Category IV, when I observed a noncompliance.
While watching a pen of cattle go past me as I wasstanding in the inspection stand on the north sideof the building, across the barn I noticed a groupof cattle run down the south alleyway towards theknocking area. Behind them was a plant employee
chasing them while waving his arms, resulting in
the cattle moving at an increased level of
excitement & a running pace. This is in violation of
9 CFR 313.2 (a). I informed (b) (6)of the problem, she spoke withthe employee and instructed him that he was not
to do this again. I informed her a noncompliancewould be forthcoming.

(b) (6)

OPEN

276

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P46826

EstName

NR#

Date

Task

TaskNameRegs

SHENANDOAH
VALLEYORGANICBOK4914015430N-1

01/30/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

StatusOn 01/30/2018 at approximately 07:15 hours,
while starting to give online inspection breaks, I,
along with (b) (6)(b) (6)
were informed by online (b) (6)(b) (6) and (b) (6), they had seen clusters of
cadavers. While giving breaks, (b) (6)and I were also presented with three cadavers.
After breaks, I looked and confirmed eleven morecadaver in the condemn barrels. I then started
to go to back to the live hang Department andstopped and observed the birds on the rehang belt
in Evisceration. I found two more birds with thesame characteristics, dark red, had their heads still
attached with no neck cut and had extensive
hemorrhages in the breast. All sixteen birds hadentered the scalder alive. The establishment was
not following good commercial practices and notcomplying with 9 CFR 381.65(b). Poultry that are
still breathing on entering the scalder die fromdrowning and not from slaughter and areconsidered adulterated and unfit for human food.
I showed the two birds from the re-hang table toand informed(b) (6)her of the noncompliance. At approximately
08:15, the establishment was back in complianceafter adjustments from maintenance and no morecadavers were observed by myself or the online
inspection team.

CLOSED

278

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M46910+P
46910+V46
910

EstName

NR#

Date

Task

B & R Meat
Processing

XXC581
105291
6N-1

05/16/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1),
313.16(a)(3)Non-compliant citation for violation of 9 CFR
313.16(a)(1) & (3) stunning effectiveness (HATS
task VIII). On May 16, 2018, at B&R Meat
Processing, establishment M46910, at
approximately 1105 hours, I, (b) (6)as well as (b) (6), observed astunning failure on a market hog presented forslaughter. This hog was confined in the knock box
and the first stun attempt with a .22 Cal. rifle
failed. The hog was still standing and alert after
the first shot but was not vocalizing or moving
about in the knock box. The employee
immediately reloaded the rifle, and successfully
performed the stun procedure. I visually inspected
the prone carcass after the second stun attempt
for any signs of consciousness; none wereobserved. This hog was now laying on its side in a
convulsive seizure; it was not breathing and its
eyes were fixed in a blank stare. I continued tomonitor this hog for any signs of conscious during
shackling, the stick procedure and bleed-out. I
informed Mr. Scott Ridenoure, President & Plant
Manager, of the stun failure and that anoncompliance record would be documented forthe failed stun. A post-mortem inspection of the
hog’s head indicated the first shot was off target(less than ¾” to the right). A regulatory control ofthe stun process was not taken for this event
because the immediate corrective measure (thesecond stun attempt) was determined to beeffective. This document serves as notificationthat continued failure to comply with regulatory
requirements could result in further
administrative actions.

OPEN

279

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45371+P
45371

WilsonProcessing
Company, Inc.

HLY180703372
7N-1

03/27/2018

04C02

M45371+P
45371

WilsonProcessing
Company, Inc.

HLY5107053508N-1

05/08/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.16(a)(3)On March 27, 2018, at Wilson Processing
Company, Est 45371 at 0720 the following
observation was made. The establishment wasusing a .22 caliber rifle to render market hogs
unconscious. On the 11th and last hog
slaughtered that day, the hog turned its head at
the time the .22 caliber rifle was fired resulting in
the animal not being immediately rendered
unconsious. The stunner immediately tookcorrective action by taking a second shot which
was effective in rendering the animal
unconscious. This constitutes a regulatory
noncompliance with USDA Regulation
313.16(a)(3).

CLOSED

Livestock
HumaneHandling

313.16(a)(1)On May 8, 2018, at Wilson Processing Company,
Est 45371 at 0710 the following observation was
made. The establishment was using a .22 caliber
rifle to render market hogs unconscious. On the
12th and last hog slaughtered that day, the shot
fired was not effective in rendering the animal
unconscious. The stunner took immediate
corrrective action by using the captive bolt which
was effective in rendering the animal unconscious.
This constitutes a regulatory noncompliance with
USDA Regulation 313.16(a)(1).

CLOSED280

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M48087+P
48087+V48
087

EstNameMarin Sun
Farms, Inc.

NR#
RAP061002471
5N-1

Date
02/15/2018

Task
04C02

TaskName
Livestock
HumaneHandling

Regs
313.15(a)(3)

09:14 Tuesday, May 29, 2018

Description

Status(b) (6)

On 2/15/2018 at approximately 0640 hours, I,
observed the HATS category ofstunning effectiveness for the Livestock Humane
Handling task. I observed a beef cow that requireda second stun with a handheld captive bolt device
to properly stun the animal, after the first knock
didn’t produce full unconsciousness. Once thecow was rolled out of the knock box it beganrhythmically breathing and blinking/eye rolling.
This is in violation of 9 CFR 313.15 (a) (3). The
stunning employee took immediate corrective
action to properly stun the animal with a second
knock using a back-up device, as is theestablishment’s protocol, which was administered
within 20 seconds. I notified (b) (6)of the incident and noncompliance. The
establishment took immediate corrective action
to re-train the stunning employee to be more
precise with placement of the captive bolt device,and to take more time to ensure the first knock iseffective, as well as utilize a safety knock.

CLOSED281

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45377+P
45377+V45
377

3D Meats, LLC

VSB4906014218N-1

01/16/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 1000 hours, (b) (6),observed that the metal trim in the hog knock box
was bent up along the doorway into the barn andthe wall inside the knock box. This created sharp
protruding places where it might cause pain or
injury to the hog. (b) (6) instructed
to place a USDA reject tag on the knock
box and not allow any hog slaughter until this was
repaired. Tag # B41938373 was applied to theknock box door. (b) (6) then went to
notify General manager/owner Leon Hilty of thesituation. A similar NR was issued on Nov 29,2017 (NR# VSB5612114530N) during (b) (6)audit of theplant. A written response was not received fromthe establishment to address that NR, but themetal edges had been pounded in to remove any
sharp edges. This restored the knock box toacceptable conditions. This document serves as
written notification that failure to comply withwritten regulations may result in further
administrative action as described in 9 CFR 500.

CLOSED

At approximately 900 hours, I went to the barn forante mortem inspection. There were 5 cattle in 2
pens remaining from the previous slaughter day.
These animals had no access to water.
Establishment owner Leon Hilty was immediately
notified of the situation. This is a violation of
313.2(e). This document serves as official
notification that failure to comply with written
regulations may result in further administrative
actions as described in 9 CFR 500.

CLOSED(b) b) (6M45377+P
45377+V45
377

3D Meats, LLC

VSB330802460
6N-1

02/06/2018

04C02

Livestock
HumaneHandling

313.2

282

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M19290+P
19290

Working H
Meats, LLC

NAW01
11024023N-1

02/23/2018

04C02

M45413+V
45413

Blankenship
Farms Meat
Processing

BUD480701483
1N-1

01/31/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.16(a)(1)

At approximately 0845 hours, at the beginning of
the slaughter operations, the first hog was a sow.
(b) (6)
The following noncompliance was noted:
and I observed the stunning of the sow. The
first shot did not stun the sow, and after the shot,
the sow came toward the stunner and jumped up.
The stunner took immediate corrective actions
and shot again, with the same firearm, a .22
magnum, rendering the sow unconscious, andthen shot a security shot before they hoisted thesow in the air. After the sow was bled out andskinned, the head was removed. The skull was
examined; and it was found that the first
shot had not penetrated completely through theskull. This is a noncompliance of 9 CFR
313.16(a)(1). The establishment was notified
immediately and in writing of the noncompliance.

OPEN

Livestock
HumaneHandling

313.1

On 1-30-2018 at 0730 upon preforming the days
Ante-Mortem inspection, there was not any water
available for the animals in the holding pens. Bothpens containing Custom Animals and Inspected
had no water. I (b) (6)notified (b) (6)and employees of the issues andwater was placed inside the pens immediately.
Regulation 9 CFR 313.2(e), which requires thatwater be available to livestock in all holding pens,
and that animals held longer than 24 hours haveaccess to feed, was not met and resulted in a
non-compliance. The animals were not held at theestablishment for more than 24 hours so food was
not needed.

CLOSED283

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45413+V
45413

Blankenship
Farms Meat
Processing

BUD410702261
4N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory III - Water and Feed Availability: Duringante-mortem inspection of animals designated forslaughter this morning I observed that the 2 hogs
destined for inspected slaughter had pushed theirwater container out of the holding pen where
they were staged thus preventing their access towater as required by 9 CFR 313.2(e). 9 CFR
313.2(e) requires that water be available at all
times and that animals held longer than 24 hours
have access to feed. This non compliance wasillustrated to (b) (6)at the time it
was observed at which time the water container
was moved back in to the pen with the hogs. Also
the water which was initially in the container was
dirty so it was swapped out for clean water.
Similar condition were observed on 1-31-18 anddocumented on Non compliance record
BUD4807014831N/1 – There was no actual downtime due to this non compliance. (b) (6)was notified of the
non-compliance, the plants failure to meet
regulatory requirements and the actions to betaken by FSIS which was to document the
non-compliance here-in.

CLOSED284

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45413+V
45413

Blankenship
Farms Meat
Processing

BUD130803521
4N-1

03/14/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusCategory III - Water and Feed Availability: Upon
my arrival at the establishment for odd hourhumane handling inspection I observed thefollowing non compliance. I observed that thehogs being held overnight in the alleyway had noaccess to water. I observed that there were 5hogs staged in the alleyway with an empty watercontainer. There was evidence that there may
have been water in the container at some timeearlier (the floor was wet) but the container was
empty upon my inspection at 0530 am. There
was also a single hog in the front portion of thisarea with no water or even a container for waterin the area. The empty container mentioned
above is the container which had been secured to
the fence to keep it from being turned over in
response to NR# BUD4107022614N/1 dated
2/14/18. This container was no longer secure.
Similar noncompliance was documented on
NR # BUD4807014831N/1 dated 1-31-18, andNR # BUD4107022614N/1 dated 2/14/18. Water
was placed in the pens for the hogs upon arrival ofestablishment personnel. The above statednoncompliance is in violation of 9 CFR 313.2(e)which requires that water be available at all times
and that animals held longer than 24 hours haveaccess to feed. It is also in violation of theestablishments initial assessment for its
systematic approach to Humane Handling whichindicates under category 3 “Water and Feedavailability” bullet #4 “If practices/facilities
require improvement or maintenance they will be
implemented ASAP in order to minimize
excitement, discomfort, and accidental injury tolivestock and recorded on proper forms.”

CLOSED285

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45422+V
45422

Messina Meats

BEJ4616031920N-1

03/20/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn March 18, 2018, while performing
antemortem and inspection of the animal pens atapproximately 1320 hours, I observed thefollowing noncompliance. I observed a large live
hog in a small fenced pen in the area where
animals are staged for slaughter. This pen
contained a single water nipple designed toprovide water for hogs, however the nipple was
not functional and there was no other source ofwater for the contained hog. I showed Plant
Owner Femino of the noncompliance atapproximately 1330 hours and he had the pen
emptied of the live roaster pig. A regulatory
control action was taken and U.S. Reject tags wereapplied to each pen gate (B40615637 andB40615638) to prevent their use as an animal
holding pen until corrective measures were taken
to render the pens safe to use. As of the issuanceof this noncompliance record, corrective actions
had not yet been taken and thus the pen remains
under Regulatory Control action. The
Establishment has a Robust Systematic Approachon file. I informed Mr. Femino of the forthcoming
issuance of a noncompliance record for notproviding access to water in the holding pens andthat this is a noncompliance of the regulatory
requirements of 9CFR 313.2(e).

CLOSED286

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M46856+P
46856

EstName
Safa Halal
Meat's

NR#

Date

Task

LHJ0606015605N-1

01/05/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusAt 0630 while inside the barn, while performing
Livestock Humane Handling
Verification - Category III(Water and Feedavailability), I observed that the water trough for
the Beef Holding Pen Number 1 was frozen.
Approximately 7 beef were present in the holding
pen at this time. Upon further investigation, I
observed that all water troughs
outside (approximately 3 which I could observe
since it was dark in the Main Yard) were alsofrozen. Approximately 3 goats and 2 lambs were
present. I notified (b) (6)of this noncompliance. At 0700,
I verified all water troughs were unfrozen andheaters were added to ensure the water would
stay unfrozen. On Dec 29 2017, due to theupcoming weather reports about freezing
temperatures, an awareness meeting was heldwith plant management advising them that the
animals in all Pen had to have access to unfrozen
water. This is a violation of 9 CFR 313.2(e). This
document serves as written notification that yourfailure to comply with regulatory requirement(s)could result in additional regulatory or
administrative action.

CLOSED287

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45471+P
45471

New Angus,
LLC

VUE360801441
7N-1

01/17/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1),
313.15(a)(2),
313.15(a)(3)

On 1/15/18 at about 12:15 I, (b) (6)walked into the knock box area and observed thefollowing HATS Category VIII non-compliance.
There were several establishment employees
standing at the blood pit fence looking at a live
heifer. She had no signs of injury and was not
vocalizing. She made four trips from under the
knock box and around the front of the moving
table. There is about a three foot fall onto themoving table and one foot to the floor of the pit.
The table is approximately six feet wide by twelve
feet long and the animal was able to walk aroundtwo sides of it. At one point, she unsuccessfully
tried to lunge the ten feet out of the pit, scraping
the right side of her face on the bars of the fence.
An establishment employee was under the belly
chain and attempted a knock with a hand held
captive bolt device. He was reaching throughsteel bars to barely reach her head as she movedby him. There was the captive bolt sound, but the
animal remained conscious. I observed the animal
turn and walk back to the front of the moving
table. The heifer made that trip two more times
and after a short delay, a blue hat from skinningline was standing on the moving table withanother hand-held captive bolt device and wasable to get an effective stun resulting in
unconsciousness. Another establishment
employee then delivered a security knock with thereloaded captive bolt device used for the initial(ineffective) stun attempt. At this time, I informedof the(b) (6)
noncompliance with regulation 9CFR313.15(a). I
tagged the knock box with US Rejected Tag
B22023652 and called my FLS for further
guidance. I was able to examine the head of thisanimal. There was one knock hole at about thetwo o’clock position, three inches from the centerof the forehead. There was also a ¾ inch longknock hole in the center of the forehead. After
receiving written corrective actions from

CLOSED288

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
establishment management, I removed the US
Rejected tag from the knock box and harvest
resumed.

Status289

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45471+P
45471

New Angus,
LLC

VUE5015033501N-1

02/28/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

At approximately 0945 on February 28, 2018,
while performing Humane Handling task,
observing HATS category VIII (Stunningeffectiveness) on a cow, I observed the following
noncompliance: As I approached the restrainer, I
noticed that the establishment was having trouble
with a cow balking in the chute, just before therestrainer. Two employees and the supervisor inthat area were trying to move the animal withpaddles, with no success. At that time thesupervisor called the stunning employee over toknock the animal with a handheld captive bolt
device. This employee went to place the device
on the animal’s head and fire the captive bolt, but
the bolt device did not make contact with theanimal on the first attempt. The employee
immediately made a second attempt and I heard
the device fire normally, but I was not in aposition to have a clear line of sight to observe theplacement of the captive bolt stunning attempt.
The animal remained conscious, there were no
vocalizations, but it was standing in the chutemoving its head around and tracking with its
eyes. Immediately after the second attempt, theanimal moved forward into the restrainer, and an
establishment employee stunned the animal
effectively with a pneumatic captive bolt device.
I then called the supervisor over to the sticking
area to examine the head of the bovine. I
observed the animal’s head and found a smallhole(1/4” in diameter) in the hide near the pole
(top of the head), that was the size/shape of thehand held captive bolt. I had the head of thatanimal pulled off the line, after head inspection,
so the SPHV could take a look at the head. The
effective stun hole was located mid-forehead.
Upon further investigation, the SPHV used agovernment issued pen and found that the head
did have a hole near the pole that wasapproximately 3” deep and 1/4” wide. This hole
was in the same area I found the initial wound on

CLOSED290

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
the head in the sticking area, after the animal had
been stunned. I notified Food Safety and Quality
Assurance Vice President Lisa Hernandez of thenoncompliance with 9 CFR 313.15(a)(1). The
corrective actions implemented in a previous
noncompliance (VUE3608014417N-1, January 15,2018) were to retrain all of the animal handling
employees on proper procedures for restraint andstunning. This noncompliance is being associatedas the training was not adequate in preventing
further noncompliance.

Status291

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
P46869EstName

NR#

Date

Task

TaskName

Regs

Carrol Poultry,
LLC

DLA5409040604N-1

04/03/2018

04C05

Poultry Good
Commercial
Practices

381.65(b)09:14 Tuesday, May 29, 2018

Description

Status

On 4/03/2018 around 15:20 while performing a
Good Commercial Practice task, (b) (6) and I
observed an alive (controlled movements, blinking
eye and rhythmic breathing) at the end of the line
before the scalder. The bird was removed from theline. Three more alive birds were observed andremoved from the line before entering the scalder.
A rack with 10 live birds hanging and 4 more alive
birds piled in the sink adjacent to the blood tank.
In less than a minute 2 more live birds wereobserved on the line just prior to entering thescalder. Regulatory action was taken bystopping the line to prevent live birds from going
into the scalder. I notified (b) (6)and (b) (6)of the systematic
failure of the plant’s Good Commercial Practice381.65 (b) and the regulatory action taken. 9 CFR
381.65( b) states “ The regulations also requiredthat poultry be slaughtered in accordance with
Good Commercial Practices, in a manner that
results in thorough bleeding of the poultry carcass
and ensures that breathing has stopped before
scalding so that the birds do not drown.” I also
noticed several conscience birds in the blood tankthat did not have a sufficient cut to the neck toallow proper bleeding. There was not an
employee present to ensure the necks were at theend blood tank. 7 cadaver birds were recorded on
the USDA lot shift on the same production day.
As part of the Plant’s initial preventive
measurement on a noncompliance 11/02/2017,
the Plant was to place an employee at the end
blood tank to ensure the necks are sufficiently cut
to allow proper bleeding before entering thescalder and another employee at the opposite endof the line to ensure birds are not breathing andproperly bleed out. At the time of my observation
today, there was no backup at either end of bloodtank. The establishment informed IPP, theemployee assigned to ensure proper slaughter ofbirds at the exit of the blood tank was not

CLOSED292

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
completely trained. The establishment
preventive measure is to verify kill staffing before
each start up and if they have one killer they will
hang every third shackle, if two killers every othershackle and if they are full staffed every shackle.
They will have a meeting to train employees on
the Establishment’s Animal Welfare Program.
Operations resumed once the plant had given andimplemented their preventative measures.

Status293

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45629+V
45629

Andy's MeatsInc.

DJP5115030801N-1

03/01/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

On 2/28/18 at approximately 1400 hours while
performing a Humane Handling Task HATS
Category II and VI, Truck Unloading and Electric
Prod/Alternative Object Use, I, (b) (6),observed a truck driver unloading five steers.
While the truck driver was unloading the steers, I
observed him yelling at the steers while poking
and hitting them with a wooden cane, including
raising the cane above his shoulder and forcefully
striking one of the steers in the muzzle area of theface. The steer balked and turned away from thetrucker, causing another steer to slip. The steers
then grouped into a ball in the unloading area andran back onto the trailer. The truck drivercontinued to yell at the steers and switched tousing an electric prod to move the steers off thetrailer. The truck driver repeatedly prodded thesteers in the body (between the shoulders andwithers), and I heard corresponding snapping
sounds from the use of the electric prod. The truck
driver then prodded a steer on the bridge of thenose. At no point did the steers vocalize. I
informed the truck driver that excessively striking
and prodding the steers is not acceptable,
especially in the face. The truck driver claimed
that he did not shock the steers in the face, butthat he used the electric prod as a poking device.
An establishment barn worker was also present;
however, he stood behind a gate and did notparticipate in the truck unloading. Subsequently,
I informed Plant Manager, Mr. Andzej Zubek, ofthe noncompliance and the issuance of thenoncompliance record and tagged the knock box
with U.S. Reject tag NO. B37601457. After Mr.
Zubek proffered a verbal corrective action, I
removed the U.S Reject tag, releasing the knockbox. This is a noncompliance with 9 CFR 313.2(b)for the establishment’s failure to move livestockwith minimal excitement.

CLOSED294

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M45629+V
45629

Andy's MeatsInc.

DJP341303501
2N-1

03/12/2018

04C02

Livestock
HumaneHandling

M45629+V
45629

Andy's MeatsInc.

DJP3010045004N-1

04/04/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

On 3/12/18 at approximately 0645 hours while
performing a HATS Category IV – Ante-mortem
Inspection task, I, (b) (6)observed an
establishment employee move 328 pigs forante-mortem inspections. While theestablishment employee was moving 57 pigs in
Pen O, I performed a HATS Category III – Water
and Feed Availability task and asked theestablishment employee to test the 4 nipple
waterers in Pen O for functionality and no watercame out of them. The pigs appeared to not be inany distress and were not vocalizing from lack ofwater availability. I informed Plant Manager
Andrzej Zubek of the noncompliance and theissuance of the noncompliance and he
immediately fixed the nipple waterers for Pen O,
making water available to the 57 pigs; thus no
U.S. Rejected tags were used and the pigs did notneed to be moved to another pen. This is anoncompliance with 9 CFR 313.2(e) because of
the establishment’s failure to provide animals
with water in all holding pens.

CLOSED

313.2

On 4/4/18 at approximately 0710 hours while
performing a HATS Category IV (Handling During
Antemortem Inspection) Humane Handling task, I,, along with (b) (6)(b) (6)
observed the water valve leading to thenipple waterers turned to the off position for pens
3 and 5 (HATS Category III - Water and Feed
Availability non-compliance). These pens held 99
and 40 pigs, respectively. The affected pigs did nothave access to water overnight. The pigs appeared
comfortable. An establishment employee
immediately turned on the water valve to pen 3
and provided the pigs in pen 5 with a tub ofwater. Thus, I did not place a U.S. Rejected tag oneach pen. This is a noncompliance with 9 CFR
313.2(e) because of the establishment’s failure toprovide animals with water in all holding pens.

CLOSED295

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45629+V
45629

Andy's MeatsInc.

DJP450804502
0N-1

04/20/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

On 4-20-2018 at about 7:40 A. M, I, (b) (6)observed the following noncompliance.
While conducting the Humane Handling ofLivestock Task Category III, Water and Feedavailability, I observed a non-ambulatory/disabled(NAD) market hog in the unloading dock area. The
establishment indicated it had been unloaded thenight before and was NAD because of a broken
left rear leg. Although it was separated from otherhogs it did not have access to water overnight. It
was treated as a US suspect hog with tag#M-2706923 and immediately and humanely
stunned by the establishment with a captive boltgun. A broken left rear leg was confirmed on post
mortem. The hog carcass was passed without
restriction after trimming of the affected leg. Mr.
Andy Zubek, plant manager, was notified of thenoncompliance. He immediately counseled barn
personnel about the lack of water for the animal.
He further counseled them ,reiterating to themthat NAD hogs with broken legs should behumanely stunned at the time of unloading
especially when unloaded in the PM preceding the
day of slaughter.

CLOSED296

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45629+V
45629

Andy's MeatsInc.

DJP471404402
4N-1

04/24/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

Status

On 4/24/18 at 0710 hours, I, (b) (6)observed the following noncompliancewhile conducting a Humane Handling of Livestock
Category III Task (Water and Feed Availability). I
observed a non-ambulatory/disabled (NAD)market hog segregated in the walkway between
pens that did not have access to water overnight.
The hog did not appear to be in distress. The barn
personnel said that it was unloaded the night
before and was NAD because of an injured rearleg. It was treated as a U.S. Suspect hog with tag#M-2706924. Establishment personnel
immediately and humanely stunned the hog witha captive bolt device. A broken left rear leg was
confirmed on post mortem inspection. Mr.
Andrzej Zubek, establishment manager, wasnotified of the noncompliance. He immediately
counseled barn personnel about the lack of water
for the animal. This is a noncompliance with
313.2(e) for failure to provide access to water. A
similar noncompliance was documented on
4/20/18 on NR #DJP4508045020N/1. These
noncompliances are associated due to theestablishment’s failure to provide access to asegregated, NAD hog overnight. The
establishment has not yet provided a written
response to the noncompliance from 4/20/18.
The establishment’s further planned actions were
not implemented or were inadequate to prevent
this noncompliance from recurring.

CLOSED297

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45629+V
45629

Andy's MeatsInc.

DJP551005101
4N-1

05/10/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn Thursday, May 10 at approximately 9:45 a.m.
while performing a HATS Category VI Humane
Handling Task – Electric Prodding/Alternative
Object Use, I, (b) (6), observed thefollowing noncompliance (HATS Category
VII – Observation for Slips & Falls). The chuteleading up to the stunning conveyor was filledwith a single-file line of market hogs. The hog at
the end of the chute adjacent to the conveyor did
not want to walk onto the conveyor. The barn
personnel prodded the hog on the right ham withthe hand held battery operated electric prod to
encourage it to walk forward onto the conveyor.
The hog squealed, moved forward to the conveyor
and subsequently ran backward about five feet.
The barn personnel prodded the hog again toencourage it to move forward. Again, the hog
squealed, ran forward toward the conveyor andthen ran backward about six feet causing the hog
behind it to sit down on its haunches. The hog
behind was forced to sit because the gate behindthe chute was latched so the line of hogs had nospace to backup. The hog was prodded a third
time. It squealed, ran forward and then ran backabout ten feet with enough force to cause the hog
behind to topple from a sitting position onto its
back. The hog closest to the conveyor continued
to backup over the downed hog and then steppedon the hog as it walked forward. The downed hog
fell to its side. All four limbs thrashed back andforth, as it gasped repeatedly. I observed blood on
the floor below its snout. I notified theestablishment manager of the incident. He was
nearby and quickly grabbed the captive bolt
device that is located by the automatic, electric
stunner and stunned the down hog, rendering it
unconscious. Subsequently, I tagged the knock
box with U.S. Reject Tag No. B37601454. I
removed the tag after verbal corrective actions
were proffered by CEO, Jack Zak. This is anoncompliance with 313.2(a) & (b) for failure to

CLOSED298

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusminimize discomfort while driving animals to thestunning area, and for failure to minimize injury
while using a driving implement (electric prod). I
notified Establishment Manager, Andy Zubek, andCEO, Jack Zak, of the noncompliance and theissuance of the noncompliance record.
M45705+P
45705+V45
705

Meat
Processing
Career Center

IGR011102130
6N-1

02/05/2018

04C02

Livestock
HumaneHandling

313.1

On 2/5/2018 at approximately 1312 hours while
performing Humane Handling verification task
HATS category II (truck unloading), I observed thefollowing non-compliance: When the trailer was
initially backed up, the unloading ramp was
positioned flush with the trailer with noappreciable gap. As cattle were unloaded a gap
formed, and I observed that the second to the laststeer stepped both front limbs in the gap. After a
few seconds of standing the animal stepped onto
the ramp and continued into the barn with nosigns of harm or distress. The last steer stepped off
the trailer onto the ramp into the barn with noincident before any corrective actions could be
performed. I notified (b) (6), ofthe non-compliance with 9 CFR 313.1(a).

CLOSED299

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45705+P
45705+V45
705

Meat
Processing
Career Center

IGR431204161
0N-1

04/10/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)On Tuesday April 10, 2018 at approximately 0753
hours, while verifying the establishment’s
stunning effectiveness during pneumatic captive
bolt stunning of beef cattle. The designatedpneumatic captive bolt operator discharged thecaptive bolt into the top of the head of theanimal, which resulted in an Ineffective Stunning
Attempt, in which the animal was not renderedinsensible by a single blow. The animal wasobserved to remain conscious, remained
standing after the stunning attempt with eyes
tracking and reacting to surroundings. The
designated pneumatic captive bolt operator andthe establishment Penal Workshop Specialist
overseeing the establishments stunningeffectiveness, effectively determined the
Ineffective Stunning Attempt and instantly
without hesitation made the ineffectively stunned
animal unconscious before the animal wasshackled, hoisted or stuck. The establishments’Ineffective Stunning Attempt was discussed with. He was(b) (6)
advised to cease stunning operations, with U.S.
Rejected Tag B31999946 applied to the knockbox, until additional information was gatheredfrom the onsite (b) (6), andtelephone correlation with the USDA-FSIS,(b) (6)and (b) (6). Upongathering additional information, U.S. Regulatory
Control was relinquished and establishment
stunning operations were allowed to commence.
The establishments’ ineffective stunning attempt,
in which an animal was not rendered insensible bya single blow to produce immediate
unconsciousness, is noncompliance with theregulation requirements identified within 9 CFR
313.15(a)(1).

OPEN

300

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status

M45729+P
45729+V45
729

Westcliffe
Meats LLC

UGM1310011905N-1

01/05/2018

04C02

Livestock
HumaneHandling

313.2

On 1-5-18 at 07:19 while performing antemortem activities I (b) (6) observed thefollowing: There were 4 hogs in the North holding
pen with no access to water as the water wasfrozen. There were 9 hogs in the South holding
pen with no water at all located in the pen. When
proceeding back to the building to inform theowner of my findings one of the slaughter
employees was carrying water out to the holding
pens at which time I observed him place water inboth holding pens. Good human handlingpractices require animals to have access to waterat all times. The establishment’s current system
for water access appears to be inadequate. Plant
owner Mr. Hank Miller was notified verbally andin writing in the form of this Non compliancereport. No tag used. Review of the establishments
previous 90 days of records shows one NR#UGM4110103825N/1 dated 10-24-17 for sameroot cause.

CLOSEDM45564A

Central Maine
Meats, LLC

KRJ2907015009N-1

01/09/2018

04C02

Livestock
HumaneHandling

313.1

HATS Category I – Inclement Weather At 0701
hours, during the performance of HATS category I,
Inclement Weather verification task, the following
non-compliance was observed. I observed 3 beefthat were being housed in holding pen number 1
and during my observation I saw 2 white plastic 5
gallon water pails filled with frozen water I
personally informed (b) (6)that was on site, to the frozen water
pails. A record review revealed no recent similar
noncompliance documented in the past 90 days.
According to 9 CFR 313.2(e) Animals shall haveaccess to water in all holding pens.

CLOSED301

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45564A

Central Maine
Meats, LLC

KRJ4808014610N-101/10/2018

04C02

M45564A

Central Maine
Meats, LLC

KRJ5811050507N-1

05/07/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.1, 313.2

Category III Water and Feed Availability: At 8:00
am on Monday January 8th I observed three beef
animals delivered to the slaughter facility. Due toequipment failure issues, the beef were notslaughtered. At 8:00 am on Tuesday January 9th I
observed that the same three beef animals did nothave access to feed. This is non-compliance with
9 CFR 316.2(e). A further review of record did notindicate that the plant had not documented they
had provided feed. (b) (6)and Plant Manager Bill Lovely were notified
that there was no feed and that a non-compliancerecord would be issued. A review in PHIS
indicates a similar non-compliance,
KRJ2409102925 was documented on October
25th, 2017 for the same cause.

CLOSED

Livestock
HumaneHandling

313.2

Category VI – Electric Prod/Alternative Object Use
On May 7, 2018 at 0945 hours, while performinga routine Livestock Humane Handling Task, thefollowing non-egregious noncompliance wasobserved. A heifer was in the stunning chute andthe rear door was closed. Establishment
employees placed a halter rope around the neckof the heifer and pulled the rope to pull the head
forward through the squeeze gate. The halter rope
was not being applied as it was designed to inorder to minimize discomfort of livestock in thestunning area. The establishment employees wereimmediately notified to discontinue thenoncompliant activity. (b) (6)was notified verbally and visually of thenoncompliance. The establishment is further
notified of this noncompliance by virtue of thisnoncompliance record. Review of the PHIS
database does not reveal any similar
noncompliance records in the past 90 days.

CLOSED302

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45741

Down Home
Processing, Inc.

GVQ34
130255
14N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1)

HATS CATEGORY VIII - At approximately 1035,
while performing humane handling verification
procedures, (b) (6)and I observed a
mis-stun of a bovine animal. The first stunattempt failed to render the animal insensible topain which a violation of 9 CFR 313.16(a)(1). The
animal moved during the act of shooting and
immediately jumped in a backward motion after
being shot. The animal raised his head in a fast,
upward direction and thrashed his head once
against the side of the knock box, then lowered it
to a mid-position. The animal then stood with hiseyes facing forward in a coherent manner (trailingmovements in the vicinity). The animals breathing
had increased, yet still remained in a rhythmic
pattern. The animal was in a standing position,and did not fall to the floor. The slaughter
employee had lined up for an immediate 2nd stunattempt. The employee then allowed for the
animal to stabilize its position, prior to the 2nd
stun attempt. The 2nd stun attempt was
successful. The firearm used during the stunattempts is a 357 magnum. The ammunition used
is 158 grain, hollow point. I applied USDA
Rejected tag# B43268867 to the knock box.
Plant Manager, Alex England stated that he would
conduct a staff meeting with his employees todiscuss what happened and to retrain them. Afternotifying the supervisory chain of command andreceiving corrective actions from plant
management, the knock box was released to plant
management personnel at approximately 1053.

OPEN

303

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45843+P
45843+V45
843

Conger Meat
Market, LLC

GNS331302301
3N-1

02/13/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(b)(1)(iii), 313.2

On 2/13/18 at approximately 1215 hours while
performing a Humane Handling Task, observing
HATS Category VIII (Stunning Effectiveness) on a
Holstein Steer, I observed the following
noncompliance in HATS Category VII – Slips andFalls. The steer walked into the knock box and an
establishment employee closed the metal chutedoor behind him. Inside the knock box there was awooden box with the dimensions 36” tall in thefront X 50” tall in the back X 29” wide, that was
located at the front of the knock box to help assist
with head placement. This wooden block has beena temporary fix in use since 01/31/18 to help limit
mobility of the animal’s head for more accurate
stun placement. Prior to any stunning attempts, I
observed the steer jump up with its front two legs
on top of this wooden box and back down to thecement below approximately 2-3 times. On thelast jump down from the box, the steer slipped onthin layer of ice approximately 2ft. X 3ft. in sizethat had formed on the cement underneath andtowards the back of the knock box near the metalchute door. The knock box is directly connected tothe outside temperatures which were at 26
degrees F (www.localconditions.com). The steer
landed with force in a sternal recumbent position
with a loud audible sound, landing on its front
wrists. The steer was pinned between the metalchute gate behind him and the wooden box. Afterthe steer went down on all fours, I noticed it had
bloody abrasions approximately 2” X 2” in size oneach of its wrists from when it fell down. The
animal struggled to get up for approximately 25
minutes while establishment employees tried tonudge the steer to rise with their hands.
Establishment employees used metal hooks topull the wooden box up and out of the knock box
to give the steer more space to stand up; they also
placed ice melt on the cement surrounding thesteer to try and melt the ice buildup. At 1256
hours, with a couple taps from a rattle paddle, the

CLOSED304

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description
steer stood up and was stunned effectively with acaptive bolt device. I notified Plant Manager, Mr.
Jeremy Johnson (who was present) of myobservations and my intent to issue this NR. This
was the last animal to be slaughtered for the day,thus no further regulatory control actions weredeemed necessary. The establishment isnoncompliant with the regulatory requirements of
9 CFR 313.2(a) and 313.15(b)(iii) for not having astunning area designed, constructed, andmaintained as to limit the free movements ofanimals which allowed the steer to slip and fallcausing the animal excess excitement anddiscomfort.

Status305

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45843+P
45843+V45
843

Conger Meat
Market, LLC

GNS451002301
6N-1

02/14/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.2,
313.30 (a)(2)

On 02/14/18 at approximately 1000 hours while
performing a Humane Handling Verification Task
to verify HATS Category VIII (Stunning
Effectiveness) and IX (Consciousness on the Rail), I
observed the following noncompliance during thestunning of a hog. While in the restraining pen
before slaughter, the hog knocked the pin out
from the gate that secured the gate to the wall.
The two (b) (6)and (b) (6) tried
unsuccessfully for about one minute to get the pinback in the wall. However, they chose to proceedwith head stunning while(b) (6) held the gate close
to the wall. This allowed the animal more range of
motion than is typical. The establishment typicallyuses an electric wand to perform a head stun first
and then a heart stun immediately afterwards toachieve unconsciousness of swine animals. As theestablishment employee began stunning the pig, I
heard a loud squeal as the v shaped prong
touched the animal behind the ears, the employee
continued to make contact with the animal andthe animal dropped to the ground while thestunner was in contact. (b) (6) then performed thechest stun to finish the stun. While I could notview the animal’s head from where I was standing,
I did not hear any more squealing following theinitial squeal nor did I see any righting reflexes.
The animal did grunt and exhibit non-coordinatedmuscle movements during this period, but nospecific signs of consciousness were seen. The
grunts heard were soft, expiratory grunts and did
not appear to be made consciously (b) (6) and(b) (6)shackled and raised the chain approximately
a half foot off the ground, but lowered the hog
immediately as it continued to grunt and exhibit
non-coordinated muscle movements. The
employee re-stunned the animal behind the ears
at which point the movements and grunting
ceased, raised the animal, and cut the throat. I
discussed the stunning incident with (b) (6) and heprovided verbal corrective actions. Slaughter

CLOSED306

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusoperations resumed and the four remaining hogs
were all stunned effectively on the first stunning
attempt. I later notified Plant Manager Mr.
Jeremy Johnson of my findings and my intent toissue this NR. Due to the fact that the animal was
not rendered unconscious with a minimum of
excitement and discomfort, the establishment isnoncompliant with the regulatory requirements
set out in 9 CFR313.2(a) and 313.30(a)(2) whichemphasize the importance of minimizing
excitement and discomfort to the animal.
M45843+P
45843+V45
843

Conger Meat
Market, LLC

GNS161604261
9N-1

04/19/2018

04C02

Livestock
HumaneHandling

313.15(a)(1)

At approximately 1235 hours while performing
Humane Handling Verification to verify HATS
Categories VIII (Stunning Effectiveness) and IX(Consciousness on the Rail), I observed thefollowing noncompliance during the stunning of agoat. In the knocking pen, a plant employee
restrained a goat while the slaughter floor
supervisor and (b) (6),attempted to stun the animal with a hand-held
captive bolt device on the goat’s forehead. The
first stun was ineffective as the goat remained
conscious and did not drop to the floor, andvocalized twice. (b) (6) took immediate corrective
actions using the back-up hand-held captive bolt
device making a second stunning attempt,
effectively rendering the goat unconscious with astun to the forehead. Upon examination of theskinned and split head there were two distinct
wounds; one stun wound tract located rostral tothe brain, missed the brain by approximately ½”
and a second went directly into the brain. I
immediately placed U.S. Reject tag #B30317546
on the knocking pen and notified Plant Owner Mr.
Jeremy Johnson of my observances and my intent
to issue this noncompliance report. Slaughter
operations were allowed to continue after(b) (6)provided me with verbal
preventative measures. The establishment isnoncompliant with the regulatory requirements
set out in 9 CFR 313.15(a)(1).

CLOSED307

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45853+P
45853

Hemlock Hill
Farm

EGQ381302162
8N-1

02/28/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2(f)09:14 Tuesday, May 29, 2018

Description
HATS VIII, Stunning effectiveness During the
DVMS humane handling verification visit thefollowing noncompliance was observed: on thethird swine being stunned with the electricalstunner the animal was ineffectively stunned as
evidenced by vocalization, voluntary movement,
and rhythmic breathing. The plant immediately
stunned the animal with the back up hand held
captive bolt device. This is non-compliant withTitle 9 CFR 313.30 (a)(1).

Status
CLOSED308

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45856+V
45856

Prime Pork LLC

ODB02
110224
15N-1

02/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn February 8, 2018 at approximately 0625
hours, while performing a HATS Category IV Task
(Handling During Ante-mortem Inspection) with a
Hats Category III Task (Water and Feed
Availability), the following noncompliance wasobserved in the barn: Pen 10 was divided by agate, with hogs on each side. In the half of the
pen closest to the center alley, the hogs were alllaying down. No obvious floor space was visible,
and approximately 3 hogs were lying partially on
top of other hogs. There was no room in this halfof the pen for hogs to lie single file. For hogs toaccess the available water they would have had towalk on top of other hogs to do so. The pen cardfor pen 10 documented a scale time of 1344
hours (1:44PM) indicating the hogs had been held
overnight at the establishment. On the other sideof the gate of pen 10, the hogs had visibly moresquare footage per hog, and there was obvious
visible free floor space. Ante-mortem examination
was withheld until the establishment addressed
the overcrowding in the above mentioned portionof pen 10. This observation is noncompliant with
9 CFR 313.2 (e). (b) (6)was notified of the forthcoming
noncompliance record. At the same time,
additional pens of hogs in the barn were noted tohave no additional space. Pens 8, 16, 18, 19, and20 were divided by a center gate. The portion of
the pens closest to the center alley had no
obvious amount of sizeable, visible floor spacewhen all the hogs were lying down. While thisobservation does not constitute a noncompliance,
the lack of visible floor space present in pensdemonstrates a trend toward overcrowding. IPP
have previously discussed overcrowding and pen
capacities with the establishment management
and these discussions are documented in theweekly meeting minutes on 12/06/17 (MOIODB3907123707E) and on 02/07/18 (MOIODB1912023509G).

CLOSED309

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M34554

Wilson Farm
Meats, Inc.

ORQ10
08014025N-101/24/2018

04C02

M34554

Wilson Farm
Meats, Inc.

ORQ10
08014025N-201/24/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.15(a)(2),313.2

On 1/24/18, at approximately 8:30 am, whileobserving HATS Category VI (Electric
Prod/Alternative Object Use), I observed thefollowing noncompliance. A beef was brought
into the knock box. The animal was balking at thehead gate, refusing to step forward. An
establishment employee was using a "hot shot"
electric prod to drive the beef into the head gate.
With several taps of the electric prod, the beef
was almost to the head gate. The employee thenheld the electric prod on the beef's rump forseveral seconds, causing the beef to squish itself
up into the head gate and bellow in discomfort.
The beef was immediately stunned. (b) (6)applied US Reject tag # B36774627 to the knockbox. This is noncompliance with 9 CFR 313.2(a),313.2(b), and 313.15(a)(2). The (b) (6)and (b) (6)werenotified of the noncompliance.

CLOSED

Livestock
HumaneHandling

313.30(a)(1)

On 1/24/18, at approximately 10:45am, whileobserving HATS category VIII (Stunning
Effectiveness); (b) (6)observed thefollowing noncompliance. The stunner operator,
utilizing a scissors-type electrical stunning wand,placed the electrodes on the head of a market
hog. Immediately upon placement, the hog
exhibited rigor and began falling over. The
electrodes slipped off the head of the hog and thehog immediately began to squeal. The stunneroperator immediately replaced the electrodes on
the hog's head, and effectively rendered the hog
insensible. (b) (6) tagged the knock box with US
Reject Tag # B36774629. This is noncompliancewith 9 CFR 313.30(a)(1). (b) (6)was notified of the noncompliance.

CLOSED310

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskName

M51252

LaCoe's
CustomButchering
LLC - Carey
Plant

UYF4513024401N-1

02/01/2018

04C02

Livestock
HumaneHandling

M45919+P
45919

Circle C Farm
Abattoir &Butcher Shop,
LLC

QWL33
060457
10N-1

04/10/2018

04C02

Livestock
HumaneHandling

Regs

09:14 Tuesday, May 29, 2018

Description

Status313.2

On February 1, 2018, at approximately 1400
hours while performing humane handlingverification activities at Est. 51252, I observed thefollowing noncompliance. In the outside holding
pen, on the establishment's official premises, abull was noted inside the holding pen with twoturned over and empty white buckets(approximately 5 gallon capacity sized). This isnoncompliant with 9CFR313.2(e) which states inpart that "animals shall have access to water in all
holding pens". Plant owner, Mr. Scott LaCoe and, were(b) (6)
notified of this noncompliance.

CLOSED

313.16(a)(1)Category VIII Stunning Effectiveness On 4/10/18
at approximately 0715 hours after performing
antemortem inspection I observed a mis-stun on amarket hog. The animal was being stunned by gun
shot where it moved it's head just as the stun was
being applied resulting in the animal not being
rendered unconscious. The person performing thestun by gunshot immediately applied a second
shot where the animal was then made to beinsensible. I notified establishment owner Mr.
Manny Cruz about the non-compliance. 9 CFR
313.16(a)(1) states in part: The firearms shall be
employed in the delivery of a bullet or projectile
into the animal so as to produce immediate
unconsciousness in the animal by a single shot.

CLOSED

311

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status

M45928+P
45928

CentralMissouriMeat &
Sausage

CRN3819025601N-1

02/01/2018

04C02

Livestock
HumaneHandling

313.2

HATS Category III – Water Availability On
February 1, 2018 at approximately 1845 hours
while performing the Livestock Humane Handling
Task for water availability, I (b) (6))
observed a pen of cattle did not have access towater. I observed the two water containers thatwere in the pens to be empty. I immediately
verbally notified a plant employee of thenoncompliance and at that time, he replenishedthe water for the cattle. Mr. Cory Hawkins(Owner/Operator) was notified of thenoncompliance and that a Noncompliance Record(NR) would be issued. This shows a failure to meet
regulatory requirement 9 CFR 313.2(e). A review
of recent NR’s does not show any similar
noncompliances.

CLOSEDM45928+P
45928

CentralMissouriMeat &
Sausage

CRN180902481
5N-1

02/14/2018

04C02

Livestock
HumaneHandling

313.30(a)(1),
313.30(a)(3)

HATS VIII—Stunning Effectiveness On
02/14/2018, at approximately 1300 hours, I,(b) (6), observed a stun failure on ahog in the establishment’s slaughter area. After an
establishment employee applied the initial stunwith an electrical stunner, which appeared to beeffective until the electrical wand was removed
the hog vocalized and started to crawl. The
establishment employee immediately applied a
captive bolt effectively rendering the animal
unconscious with the second stunning attempt.
This noncompliance is a failure to meet theregulatory requirements of 9
CFR313.30(a)(1) & (3). (b) (6)informed (b) (6)Cory Hawkins, Plant Owner, that anoncompliance record would be issued.

CLOSED312

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45948

Ida-Beef LLC

AKL471302272
2N-1

02/20/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

HATS Task Category VII (Slips and Falls). On
February 20, 2018 at approximately 1130 hours I,, was performing ante-mortem(b) (6)inspection with establishment owner, Larry Ward,
when the following noncompliance was observed.
Mr. Ward initially presented four dairy cows from(b) (4) for ante-mortem inspection. He slowly
moved the cattle from the holding pen into thealleyway. The first Holstein to exit the pen slipped
and fell in the alleyway on the ice on all four legswith hind legs splayed and struggled to rise while
the third Holstein cow in line slipped and fell on
the ice in the alleyway on her hind legs. Bothcows were able to rise and were further moved
into the round crowd pen. Mr. Ward next
presented five dairy cows from Oak Valley Dairy
for ante-mortem inspection. He slowly moved thecattle around within the holding pen to present
both sides with no incidences. Mr. Ward thenpresented eleven dairy cows from Dry Creek Dairy
for ante-mortem inspection. He slowly moved thecattle from the holding pen into the alleyway.
One of the Holstein cows within the middle of thegroup slipped and fell on the ice upon entrance
into the alleyway on her hind legs. She was able
to rise and continue to move up the alleyway.
The establishment did not implement any
preventive measures to help eliminate the ice
hazard in the pens and alleyways. I verbally
informed Mr. Ward (establishment owner) that ahumane handling noncompliance would be
documented. A review of the establishment’s
compliance history failed to reveal any associatednoncompliance.

CLOSED313

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45948

Ida-Beef LLC

AKL141704251
9N-1

04/19/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn Thursday, April 19, 2018 at approximately
3:09pm, I, (b) (6), whileperforming routine ante-mortem inspection,observed the following noncompliance: Four (4)cull dairy cows presented for ante-mortem in Pen#2 did not have any water. There was a water
barrel present which contained some moisture in
the bottom, but was otherwise completely void ofliquid. I immediately notified the responsible
Establishment pen personnel. About the sametime, the Slaughter Supervisor came out to theante mortem pens. I showed him the empty
water container and informed him that an NR
would be issued. I then notified (b) (6)of the non-compliance
who took immediate action and filled the watercontainer in Pen #2. A review of previous
noncompliance show no other NRs with the sameroot cause in the last 90 days.

CLOSED314

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M45948

Ida-Beef LLC

AKL2310045030N-1

04/27/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusOn Friday, April 27, 2018 at approximately 1450
hours, I, (b) (6), was covering
the online slaughter inspection duties when I was
asked to perform ante-mortem inspection on
cattle outside in the holding pens. I proceeded tothe holding pens and observed the following
noncompliance. There were three dairy cows in
pen number three and two water barrels present,
but no water in either barrel. There were threedairy cows in pen number four and two water
barrels present, although one of the barrels
contained some moisture in the bottom, but bothbarrels were otherwise dry. I immediately notified
the establishment pen personnel who was by myside that a noncompliance would be issued for nowater provided to the cattle. Anotherestablishment person began filling the barrels
with water, therefore I did not apply a U.S. Rejecttag. A supervisor was not readily available, so I
proceeded back to the slaughter floor andinformed QC personnel that a humane handlingnoncompliance would be issued for not providing
water to the cattle in the holding pens. A review
of previous noncompliance records reveals anoncompliance of same root cause issued on April
19, 2018 (NR# AKL1417042519N) indicating
further establishment preventative measures werepoorly implemented or ineffective.

CLOSED315

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M48226

American Halal
Meat

MEN32
13011317N-1

01/17/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.16(a)(1),
313.16(a)(3)Category VIII “Stunning Effectiveness” On
January 16, 2018 at approximately 14:00 hours,
while conducting a routine Livestock Humane
Handling Verification Task HATS category“Stunning Effectiveness”, (b) (6)observed the following noncompliance.
Establishment Owner Muhammad Qayyum shot aveal with a 9mm pistol, after the initial shot thebeef remained standing. Mr. Qayyum immediately
delivered a second shot that effectively rendered
the animal unconscious. At that time (b) (6)notified his supervisor of the incident. Afterinvestigation of the incident by plant
management it was determined that both shots
had penetrated the skull and the initial shot wasapproximately 1inch below, and 1 inch to the(b) (6)right of the center of the skull. At this time
informed Establishment Owner Muhammad
Qayyum verbally and this record serves as written
notice of the establishments inability to meet theregulatory requirements of 9 CFR 313.16(a)(1)&(3). After reviewing the records for the previous
90 days, no associations can be made at this time.

CLOSED316

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M791C

EstName

NR#

Date

Task

Clemens FoodGroup, LLC

QCF1913014802N-1

01/02/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS CATEGORY II—TRUCK UNLOADING At
approximately 1250 hour on 1/2/2017 after
performing ante-mortem inspection on a pen on
the west side of the barn, I observed
noncompliance with Humane Slaughter ofLivestock, Handling regulatory requirements.
After completing ante-mortem inspection, I
looked north down the west barn alley toward
swine unloading bay one. I observed an
establishment employee gently push a standing
hog down a trailer ramp from the top deck of thetrailer. The employee moved the hog to the point
where the back half of the hog was on the trailer
and the front half of the hog was on the unloading
bay dock. The employee then moved to the frontof the hog, grabbed both ears of the standing hog,
and gave one big yank to pull the hog the rest of
the way off the trailer. This finding illustrates
noncompliance with 9 CFR 313.2 (a) because ahog was not driven from an unloading ramp to aholding pen with a minimum of excitement anddiscomfort. In response to this finding, I
immediately took regulatory control action andrejected the drop gate at the alley leading tostunning area with reject tag 36787183, per 9 CFR
313.50 (b). I then immediately notified (b) (6)of this action and my findings. By
approximately 1300 hour, establishment
management provided me with verbal corrective
actions, which included suspension of theemployee involved until an investigation wascomplete and additional training of animal
handling employees. I then released theregulatory control action.

CLOSED317

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M791C

EstName

NR#

Date

Task

Clemens FoodGroup, LLC

QCF531002431
3N-1

02/13/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.2

09:14 Tuesday, May 29, 2018

Description

StatusHATS category IV While en route to perform a
HATS category V verification task at
approximately 0755 hours I observed a struggling
hog on top of another hog, at the entry from thealleyway (2nd/last section of the serpentine) tothe staging area just outside the gondola, with its
snout caught in an approximately 4-5” opening
between the wall at the end of the alleyway andthe partially closed gate. (b) (6) , who waswith me at the time but at a different vantage
point, observed the gate close upon this hog’s
snout. This hog did back up and free itself after anoperator coaxed it back with a rattle paddle, atwhich time the gate fully closed. The gate wasnever observed to retract after hitting this hog’s
snout. I immediately placed a US Reject tag (No.
B37602013) upon the control box for the west
CO2 stunner until an initial assessment of thesituation could be accomplished (the total time
the US Reject tag was applied was approximately
2 minutes). This incident demonstrates
non-compliance with 9 CFR 313.2(a) which states,in part, that the “Driving of livestock from theunloading ramps to the holding pens and from theholding pens to the stunning area shall be donewith a minimum of excitement and discomfort.”
was notified(b) (6)that an NR would be issued.

CLOSED318

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M51283

Dean & Peeler
Meatworks LLC

YWH4312055609N-1

05/08/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusAt approximately 7:15 AM, while conducting a
Livestock Humane Handling Task, I noticed there
was no water in the water trough. I immediately
notified Plant Owner Dustin Dean and informed
him that there must be water at all times provided
while animals are in the holding pens as well as
throughout slaughter. He proceeded to takecorrective actions and fill up the water trough.
The above issues were not in compliance with thefollowing regulations from 9 CFR: 313.2(e)“Animals shall have access to water in all holding
pens and, if held longer than 24 hours, access tofeed. There shall be sufficient room in the holding
pen for animals held overnight to lie down.”

CLOSED319

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr
M630

EstName

NR#

Date

Task

CS Beef
Packers, LLC

KJN590903342
9N-1

03/29/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII: Stunning Effectiveness At
approximately 0715, while observing (b) (6)knock a non-ambulatory beef cow
in the pens at CS Beef, Est. 630, I, (b) (6) ,observed the following non-compliance. (b) (6)failed to effectively stun the
non-ambulatory beef cow with the first stunning
attempt. The ineffective first stunning attempt
was properly placed, however it did not render
the beef cow unconscious. The beef cow did notexhibit signs of distress and did not vocalize. (b) (6)was patient and used theavailable back-up loaded captive bolt device toeffectively stun the beef cow on the second
attempt within approximately 30 seconds. (b) (6)followed the establishment’s
written robust humane handling program. (b) (6)was immediately
informed that this incident was a non-complianceand would be documented as a non-egregious
non-compliance. (b) (6)andwere both(b) (6)
informed as well. (b) (6)
immediately retrained (b) (6).
The establishment is currently operating with awritten robust systematic approach to humane
handling. Upon review of non-compliances overthe last 90 days, association is not required.

CLOSED320

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Status

M51300+P
51300

Phillips
Processing
Plant

CRT251002540
9N-1

02/09/2018

04C02

Livestock
HumaneHandling

313.2

On 2/9/2018 at approximately 1027 hours while
performing Humane Handling verification task
HATS category II (Truck unloading), I observed thefollowing non-compliance: A trailer containing
two pigs was unloaded over an estimated one footstep down. The first pig unloaded with no slips or
falls. The second pig balked at the entrance to thetrailer. The owner entered the trailer to assist in
unloading. I observed the sow manipulated sothat she was perpendicular with the ground, headtowards the ground and hind limbs in the air, withthe owners hand on the tail. I observed the sow
fall out of the trailer onto her side where she
stood up and quietly walked to the pens with nolimping or other signs of injury. I took regulatory
action and placed US Reject tag #B41951315 on
the knock box. I informed the Plant owner, Mr.
Dale Phillips, of the non-compliance with 9 CFR
313.2(a). I removed regulatory action after
receiving immediate corrective actions.

CLOSED

M46085+P
46085

Stevens
Abattoir Inc.

CXM08
11013222N-1

01/22/2018

04C02

Livestock
HumaneHandling

313.2**Category III- Water and Feed Availability (9 CFR
313.2)** On 1/22/2016, at approximately 930
AM, while conducting official inspection duties at
Steven's Abattoir, the following Livestock Humane
Handling violation was observed: ** In theholding pens, there were 3 cows and 6 hogs being
held without any water. In the far right pen, there
were 5 hogs with an empty water trough. In the
middle holding pen, there was one hog without atrough and in the left holding pen, there were 3
cows with an empty trough; thus, leaving theanimals with no access to water. All animals musthave access to water at all times while in theholding pens. No regulatory action was taken on
the facility due to the management's immediate
response in providing water to the animals.
Darren Stevens, Plant Owner was notified of thisfinding and of the establishment's failure tocomply with 9 CFR 313.2

CLOSED321

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M46085+P
46085

Stevens
Abattoir Inc.

CXM3814045009N-1

04/09/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

At approximately 11:15 AM on 04/09/2018 at
Steven Abattoir ( TA46085). While identifying
humane handling category 8, stunningeffectiveness, IIC and(b) (6)observed amissed stun on a steer . Both IIC and (b) (6) werestanding in an adjacent room (gut room) while
Darren Stevens (owner) used a captive bolt on asteer in the knock box. As soon as Plant owner
turned around a worker notified Mr. Stevens thatthe animal was still standing. Hunter entered theroom and noticed the animal was blinking andlooking around the room. The animal wasconscious. Darren Stevens quickly re-loaded thecharge on the captive bolt and “knocked” theanimal a second time. This stun was successful. A
regulatory control action was taken in the form ofan U.S. Rejected tag placed on the Knocking Box(Tag Number: B37241505). Darren Stevens (Plant
Owner) was notified of the non- compliance and
Failure to comply with 9 CFR 313.15(a)(1). Plant
owner took verbal corrective action prior to the
U.S. rejected tag (B37241505) being removed.

CLOSED322

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M51309+V
51309

Texas Packing
Co.

OLR4010051602N-1

05/01/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

On May 1, 2018 during a plant visit at Texas
Packing Establishment M51309, I found thefollowing noncompliance with the code of federal
regulations: At 10:00 am I discovered cattle inpens with no access to water. I rejected pens 42,
40, 36, 34, 32, 28, and 26 with US Reject tags
B39030782 and B39030783. Title 9 CFR part 313
requires animals have access to water in all
holding pens. Plant Manager Jorge Correa was
notified of this noncompliance with federal
regulations. 313.2 Handling of livestock. (e)Animals shall have access to water in all holding
pens and, if held longer than 24 hours, access tofeed. There shall be sufficient room in the holding
pen for animals held overnight to lie down. At
12:20 pm I observed a cow that had become stuck
in a man escape gap in the alleyway next to pen 4.
The cow was stunned and bleed out by theestablishment. The pipe fence was cut to allow
remove of the animal. The alley way next to pen 4
was rejected with US Reject tag B39030784 until
the gap in the pipe fence could be repaired. Plant
Manager Jorge Correa was notified of thenoncompliance with federal regulations. 313.1
Livestock pens, driveways and ramps. (a) Livestock
pens, driveways and ramps shall be maintained ingood repair. They shall be free from sharp or
protruding objects which may, in the opinion of
the inspector, cause injury or pain to the animals.
Loose boards, splintered or broken planking, andunnecessary openings where the head, feet, orlegs of an animal may be injured shall be repaired.
At approximately 12:45 I observed 7 head of
cattle that had been driven into a triangular arealeading to the drive chute to the knocking box.
There were five plant employees in all directions
on the fencing around the cattle. These plant
employees were all yelling loudly and hitting thecattle with plastic paddles. There was not enoughroom for the cattle to turn around in the area sothey could enter the chute in a head-first

CLOSED323

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

TaskNameRegs

09:14 Tuesday, May 29, 2018

Description

Statusdirection. I stopped the activity and rejected thedrive chute to the knock box with US Reject tag
B39030785 until the establishment could proffer
corrective actions. (b) (6)was notified of the noncompliance withfederal regulations. Title 9 CFR 313.2 Handling of
livestock states: (a) Driving of livestock from theunloading ramps to the holding pens and from theholding pens to the stunning area shall be donewith a minimum of excitement and discomfort tothe animals. Livestock shall not be forced to movefaster than a normal walking speed. (b) Electric
prods, canvas slappers, or other implements
employed to drive animals shall be used as little
as possible in order to minimize excitement andinjury. Any use of such implements which, in theopinion of the inspector, is excessive, isprohibited.
M51309+V
51309

Texas Packing
Co.

OLR371605240
9N-1

05/09/2018

04C02

Livestock
HumaneHandling

313.1

On May 8, 2018 at approximately 1000 hours, I
observed 45 head of cows come off the truck andpenned at Texas Packing. The cattle wereslaughtered beginning at approximately 1345
hours on May 9, 2018. These cattle were notgiven any feed during this period which exceeded
24 hours.

CLOSED324

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M46139Cypress Valley
Meat
Company 1,
LLC

UIV1313035120N-1

03/20/2018

04C02

TaskName
Livestock
HumaneHandling

Regs
313.1

09:14 Tuesday, May 29, 2018

Description

StatusOn 3/20/18 at approximately 0810 while
performing ante mortem inspection in the pen
area from the alleyway, the following
noncompliance was observed: There are metalslats bolted down to the concrete in the pens andalleyways to help provide good footing, however
between pens 3 and 4 is a small dip in the flooringthat has allowed the slatting to rise approximately
an inch. This area could easily allow smaller or
longer hooves to slip underneath it thereby
creating an opening where the feet of animals
may be caught causing trips or injuries. This wasbrought to the attention of Mr. Keith Crow and
Mr. Bennie Jones, Co-Plant Managers. They wereverbally informed a US Reject tag was being
applied to the pens and they proceeded to the
pen area. US Reject Tag #B42001485 was being
authenticated as they tried to bend the metal into
place with a hammer, which failed, and theestablishment realized they could utilize the firstentry door to pens 3 and 4 to unload all animals
into and then bring them back into the alley by
the opposite door, which allows animals to bypass
this location. This was found acceptable for toprevent animals from passing over this opening.
Additionally, the establishment is retrieving a drill
bit and additional bolts to allow them to drill theslats and secure it to the flooring. They will use
the bypass method until this repair can be made.
A review of records reveals no recent NRs to be
associated with this noncompliance.

CLOSED325

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M46139Cypress Valley
Meat
Company 1,
LLC

UIV5909035030N-1

03/30/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.1, 313.2

On 3/30/18 at approximately 0810 hours, while
performing ante mortem inspection in the
livestock pen area, the following noncompliance
was observed: In pen 1, which was empty, themetal floor grating which is used to prevent
slipping and falling, was broken and sticking up
approximately one inch above the surface of thefloor. There was no indication that theestablishment was aware of this issue, since there
was no identification on the pen that it should not
be used. US Reject Tag # B42001486 was applied
to the pen doors as we were expecting delivery ofadditional animals today. Also, Pen 5 contained
two cattle which were delivered prior to end ofoperations 3/29/18. The water tub for the animals
was empty and the bottom of the tub was
actually dry. (b) (6), was shown these noncompliances andtook immediate action to provide water to thetwo cattle in Pen 5. Mr. Benny Jones, Co-Plant
Manager, was also shown these noncompliance.
At approximately 0900, Mr. Jones informed IPP
that he had addressed the grating issue. This wasverified and the US Reject tag was removed at
approximately 0908. Mr. Chris Shaw, Co-Plant
Manager, was verbally notified the tag wasremoved. A review of records reveals a similar
noncompliance was documented on 3/20/18 in
NR #UIV1313035120N/1 which stated the floor
grating was raised and needed repair. The
establishment's corrective actions
were inadequate to prevent this noncompliancefrom recurring.

CLOSED326

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M46139Cypress Valley
Meat
Company 1,
LLC

UIV091504291
0N-1

04/10/2018

04C02

M48277

WJ
Wainwrightand Son, Inc

YAQ121
2015430N-1

01/30/2018

04C02

TaskName

09:14 Tuesday, May 29, 2018

Regs

Description

StatusLivestock
HumaneHandling

313.16(a)(1)

On 4/10/18 at 1314 hours while performing a
Routine Livestock Humane Handling Verification
Task, the following noncompliance was observed:
A young bull was loaded into the knocking box
and a .410 ga firearm was used as the stunning
method. A shot was fired and the animal wasobserved still in the standing position with its
head moving about. The employee was observed
immediately preparing for a second stun. The
time was noted and approximately forty-fiveseconds passed before the second shot was fired.
The second shot appeared effective as the animal
was observed to have dropped in the knocking
box with eyes fixed, mouth open and tongue
slightly out. Mr. Bennie Jones and Mr. Keith Crow,
Co-Plant Managers, as well as (b) (6)were verbally notified of thisnoncompliance.

OPEN

Livestock
HumaneHandling

313.15(b)(1)(iii)

At approximately 8 AM (b) (6)wasperforming a humane handling check andobserved on the swing gate of the knock box anarea of approximately two feet in length at thevery bottom bar to be broken and damaged/completely missing, on the outer edge. Plant
management was notified both verbally and withthis written N/R. There were no animals injured
from this noncompliance.

CLOSED327

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M46170+V
46170

Quapaw Food
Services
Authority

IMQ4614051608N-1

05/08/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

HATS Category VIII-Stunning Effectiveness On
May 8, 2018, I, (b) (6)was verifying
effectiveness of market hog stunning on theslaughter floor. I observed on the last hog of theday, the stun operator administered a captive bolt
knock. I heard the knock and observed the hog
did not go down and I could observe a mark on
the hog’s forehead where the first knock
occurred. The stun operator had another backup
captive bolt gun ready and on hand and
immediately administered a second blow which
was effective. I verbally informed Mr. Wade
Payne, plant manager I would issue anoncompliance record for the failure to render thehog insensible with a single blow. A review ofprevious noncompliance records does not indicate
a trend is developing.

OPEN

328

Table: Noncompliance Reports in Response to FOIA2018-328
EstNbr

EstName

NR#

Date

Task

M46235+P
46235+V46
235

Hewitt's Meat
Processing, Inc.

UEP381103172
1N-1

03/21/2018

04C02

TaskName
Livestock
HumaneHandling

09:14 Tuesday, May 29, 2018

Regs

Description

Status313.15(a)(1)

At approximately 0740 hours, while observing(b) (6)HATS Category VIII, Stunning Effectiveness,, and(b) (6)observed the following non-compliance: We
observed an establishment employee use ahand-held captive bolt device to stun a beef cow
in the restrainer. The cow was still conscious after
the first stun attempt as it remained standing andlooking around. The stunner immediately
reloaded the hand-held captive bolt device withreadily available ammunition and immediately
and effectively rendered the animal unconsciouson the second stun. The stunner than
immediately reloaded the hand-held captive bolt
device with readily available ammunition andapplied a poll security stun to the unconscious
animal. Stunning was verbally discontinued until
an establishment employee skinned and split thehead to determine why the initial stun was
ineffective. Once the head was skinned there
were two distinct stun wounds visible on thefrontal bone. One wound was approximately 1 to
2 cm above an intersection if lines were drawn
from the medial canthus of the eye to the base of
the opposite ear. The second stun wound wasapproximately 2 cm to the left of the first wound.
When the head was split to expose the brain, thefirst wound tract angle indicated the bolt cameinto contact with the rostral portion of the brain.
The second stun wound tract angle wasapproximately 2 cm rostral to the brain. The
establishment employee discussed preventive
measures and stunning was allowed to resume.
Mr. John Franseen, Establishment Owner, and (b) (6), were verbally notified of
the forthcoming non-compliance with theregulation 9 CFR 313.15(a)(1).

CLOSED329