An Equal Opportunity Provider and Employer

Food Safety and 

Inspection Service

1400 Independence 

Avenue, SW.

Washington, D.C.

20250

October 26, 2021

TRANSMITTED VIA ELECTRONIC MAIL

Ms. Erin Sutherland

Staff Attorney

AWI

RE: 2020-FSIS-00435-F

04C02 Inspection Related Records

Dear Ms. Sutherland:

This is the final response to your Freedom of Information Act (FOIA) request, dated July 

06, 2020, to the U.S. Department of Agriculture’s Food Safety and Inspection Service 

(FSIS). You requested copies of NRs and MOIs and any supporting records related to 

noncompliance with humane handling and slaughter regulations (ISP Code 04C02), from 

April 1, 2020 to June 30, 2020. We received your request in our office on July 6, 2020. 

The FSIS FOIA staff works with subject matter experts across the agency to locate 

responsive documents. For this request, we conducted a records search in the Office of 

Planning, Analysis and Risk Management. FSIS’ search began on July 06, 2020. Our 

search includes responsive records in FSIS’ control on that date.

We have located 111 pages that are responsive to your request. After a thorough review, we 

have determined that portions of these documents are exempt from disclosure under (b)(6)

of the FOIA, 5 U.S.C. § 552, as amended. Accordingly, this request is granted in part.

Portions of the responsive records are exempt from disclosure under FOIA Exemption 6, 5 

U.S.C. § 552(b)(6). Exemption 6 protects information that would constitute an unwarranted 

invasion of an individual’s personal privacy. The types of information withheld under 

Exemption 6 include the names, addresses, or cell phone numbers of employees of 

Establishments and third parties, including, but not limited to interviewees or customers.

With respect to the portion of your request seeking online posting of records, we consider 

your request under Section (a)(2)(D) of the FOIA. As you know, the FOIA affirmative 

disclosure requirements of Section (a)(2)(D) only applies to copies of records that have been 

released to any person pursuant to a valid FOIA request under 5 U.S.C. 552(a)(3), and that 

the agency has determined have become or are likely to become the subject of subsequent 

requests for substantially the same records or have been requested three or more times. For 

records that meet this criterion, FOIA requires the agency make copies of these records 

available for public inspection in an electronic format. See 5 USC 552(a)(2)(D) and 7 

C.F.R. 1.2. FSIS has determined that the records provided in response to the (a)(3) portion 

of this request meet the requirements for public inspection in an electronic format. As such, 

FSIS will post these records to its public reading room within 45 days of the date of this 

final response letter.

You may appeal this determination by email to FSIS.FOIA@USDA.GOV. Your appeal 

must be in writing, and it must be received electronically no later than 90 days from the date 
Ms. Erin Sutherland

Page 2

of this letter. FSIS will not consider appeals received after the 90 calendar-day limit. Appeals received 

after 5:00 PM EST will be considered received the next business day. Your appeal should include the 

FOIA tracking number, a copy of your original request, FSIS’s response to your original request, as well 

as reasons supporting your appeal. 

For quickest possible handling, please email your appeal to FSIS.FOIA@USDA.GOV, and in the subject 

line of your email and the appeal letter, mark “Freedom of Information Act Appeal” and reference FOIA 

No. 2020-FSIS-00435-F.

If you do not have access to email, or are otherwise unable to email your appeal, you may mail your 

appeal to: 

Paul Kiecker

Administrator

U.S. Department of Agriculture

Food Safety and Inspection Service

1400 Independence Avenue, SW.

Room 1170, South Building

Washington, DC 20250-3700

Please be advised that your FOIA request, including your identity and the information made available, is 

releasable to the public under any subsequent FOIA requests. However, FSIS does not release your 

personal privacy information, such as home addresses, telephone numbers, or Social Security Numbers, 

all of which are protected from disclosure under FOIA Exemption 6.

If you have any questions about the processing of your request or about the USDA’s FOIA regulations, 

please contact Keith Komosinski at 813-919-0531 or via email at Keith.Komosinski@usda.gov. If you 

have general questions about FSIS’ FOIA procedures or regulations, please contact me, the FOIA 

Director/ FOIA Public Liaison via email at Dexter.Johnson@usda.gov.

You also have the option to seek assistance from the Office of Government Information. Services 

(OGIS). Please visit https://www.archives.gov/ogis/mediation-program/request-assistance for 

information about how to request OGIS assistance in relation to a FOIA request.

Thank you for your interest in FSIS programs and policies. 

Sincerely,

Dexter Johnson

Director, Freedom of Information Act Staff

Office of Public Affairs and Consumer Education

Enclosure: 111 pages 

Be Food Safe: CLEAN: Wash Hands and Surfaces Often SEPARATE: Separate Raw Meats from Other Foods

COOK: Cook To The Right Temperature CHILL: Refrigerate Food Promptly