Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 1

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M332 FPL Food ACA110

907552

0N-1

07/19/2018 07/20/2018 04C02 Livestock

Humane

Handling

313.2 At 07/19/2918 at 10:22 AM, during the

establishment's lunch period, I observed cattle

being held in the alleyway leading to the knock

box.  The cattle were densely packed in such a

way that the animals could not move about the

pen. There was one small container of water

approximately one foot by two foot in size and

approximately 10 inches in depth.  The container

was placed in the center of the length of the pen

and at the very edge of the pen.  Due to the

density of the animals in the pen preventing the

cattle from moving,  all cattle did not have access

to water.  The cattle appeared uncomfortable and

stressed due to the lack of water, current weather

conditions with temperatures above 85 degrees,

and lack of air circulation in the enclosed area. 

Some of the cattle were in unthrifty condition. 

 was notified of the

noncompliance. immediately added an

additional water container that was not sufficient

to allow all animals access to water. 

proceeded to wave his arms and "whoop" loudly

in an attempt to move the cattle forward toward

the inaccessible tub.  The cattle became further

stressed and uncomfortable from these actions.  I

asked him to stop it.  The pen was opened to

allow more free movement. Because the

establishment was using the alley way  as a

holding pen during the establishment's lunch

break and failed to provide all animals access to

water due to overcrowding, the establishment is

non-compliant with 9 CFR 313.2(e).

CLOSED

(b)(6)(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 2

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M332 FPL Food ACA061

207322

8N-1

07/28/2018 07/28/2018 04C02 Livestock

Humane

Handling

313.2 On July 28, 2018 at 0540 during ante mortem

inspection activities I observed holding pen # 9

that was held from previous day. The pen

appeared to be over crowded. Many of the cattle

were standing with their heads tilted upward

because there was not sufficient room between

the cattle to lower their head into a normal

standing position. There was not sufficient room

for the animals to move to access water or lay

down. One large bull was dead in the pen and one

cow was down in the pen with her legs split out

beside her that had to be euthanized. Both

animals were well fleshed and appeared to be

healthy. Records indicated that a total of 39

head, 27 bulls and 12 beef cows were in the single

pen. All of the bulls were large. Records indicated

that the cattle arrived the previous day, July 27,

2018 at 1048 and ante-mortem was originally

performed at 1353 indicating the cattle were in

the pen overnight. The failure of the

establishment to ensure animals have access to

water in all holding pens and failure to provide

sufficient room in the holding pen for animals

held overnight to lie down is non-compliant with

9 CFR 313.2(e). was notified of the

noncompliance. The same occurrence of the

establishment overcrowding pens to the extent

the animals cannot access water was documented

on noncompliance record ACA1109075520N

dated July 20, 2018. No preventive measures

proposed for this noncompliance. The continued

failure to comply with regulatory requirements

could result in additional regulatory or

administrative actions.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 3

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA45

130723

19N-1

07/19/2018 07/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(2)

On July 19, 2018, at approximately 1:05pm, the

establishment had difficulties running in a young

steer. They finally got the animal into the

knocking chute, but then proceeded to have

difficulty in getting the head restraint to close on

the animal’s head. Once it was restrained, the

knocker immediately tried to knock the animal,

but the animal was tossing his head and was not

calm. The first knock was ineffective (high and to

the left upon examination.) The animal continued

to toss its head and bellow. The animal was

upright and moving. The knocker had the back-up

device readily available, and attempted to get a

second shot. It took over a minute to get the

second shot, which  was effective.  The knocking

box was tagged with US Tag B19323281 and

slaughter operations stopped while the Atlanta

District Office was contacted for guidance. The

firm was issued NR NAA0813043526N/1 on April

26, 2018, for the ineffective stunning of a steer. 

 was notified of the

noncompliance and that this NR would be issued.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 4

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7883+P7

883

Sucesion Jorge

Morales Cruz

NCB420

808160

3N-1

07/31/2018 07/31/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii), 313.2(f)

HATS category VIII Humane handling (Stunning

Effectiveness); 9 CFR 313.15(a) and 313:15(b)(iii).

On July 31, 2018 at 10:20 A.M, EIAO and DVMS

trained PHV; was

conducting the yearly routine Humane Handling

Verification Visit at Est. M7883, Sucesion Jorge

Morales Group, and observed the following

noncompliance: Inside the knocking box, cow

#735 (Back tag 94GY5263, Ear Tag 5 ADR) moved

her head as the stunner applied the captive bolt

and was not rendered unconscious on the first

stun. The establishment immediately took

corrective action and the animal was rendered

unconscious on the second stun. The

establishment verified the captive bolts and

changed the stunning employee. Operations

continued once the immediate corrective actions

were taken. In addition, the overhead gates to

the knocking box are not suitably covered on the

bottom edge to prevent injury on contact with

animals. Plant management was verbally notified

of the noncompliances and of the impending

written notification.

CLOSED

M8404+P8

404

Stripling's

General Store

Inc.

BKA241

605513

1N-1

05/31/2018 05/31/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 8:45 am on 5/31/18 while

performing a Humane Handling Task 

, and I noticed the following

noncompliance in the pen area: The water was

not turned on in pen number 1 which contained

15 hogs. There was also no water in the holding

pen, where the hogs enter the knocking box. This

pen contained 7 hogs. This failure does not meet

the requirement of 9CFR 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. There shall be sufficient room in holding

pens for animals held over night to lie down. The

establishment was notified of this noncompliance,

and the water was turned on. The 7 hogs  that

was in the holding pen(ready for slaughter) were

removed, so that they could have access to water.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 5

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M18867 Macelo Central

S.E. Inc.

IJA5907

074431

N-1

07/30/2018 07/30/2018 04C02 Livestock

Humane

Handling

313.1 On July 30, 2018 at 9:30 A.M, EIAO and DVMS

trained PHV; was

conducting the yearly Humane Handling

Verification Visit at Est. M18867, Macelo Central

S.E, Inc., and observed the following areas in

disrepair:  • Pens # 2, 5, 6, 7, 13, 14, 15, & 16:

have horizontal metal beams at the gate corroded

and frayed with sharp edges. I informed 

, of the

noncompliances observed and showed her the

areas referred to above. These sharp areas may

cause injury and/or pain to the animals. A

Noncompliance Record was recommended for

failure to meet the regulatory requirements of 9

CFR 313.1(a):”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 the inspector, cause

injury or pain to the animals. Loose boards,

splintered or broken planking, and unnecessary

openings where the head, feet, or legs of an

animal may be injured shall be repaired.” In

addition, the water pipe running behind pens 11

and 12 is not fixed and it causes the water feeders

to move which may limit their functionality as

animals use them. 

informed of the observed

noncompliances and impending written

Noncompliance Record.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 6

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M11115 South Marion

Meats and

Retail Market

Inc.

XKA341

408201

5N-1

08/15/2018 08/15/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 HATS category II: truck unloading 9CFR 313.1 and

313.2 On August 15, 2018, at approximately

10:15 am, while verifying truck unloading, I

observed the following noncompliance; A truck

and trailer had backed-up to the livestock

unloading ramp. The driver was in the process of

unloading 3 market hogs. As they were stepping

on to the ramp, one hog’s front foot fell in the gap

between the trailer and the concrete ramp. The

hog continued to move forward but fell down on

the walkway. The animal got up after a couple of

minutes and continued into the livestock pens. As

the hogs were already in motion, it was not

possible to prevent the remaining hogs from

exiting the trailer, however no other animal’s feet

were observed to fall into the gap. I immediately

notified plant owner Gary Armoogan of the

noncompliance.  Mr. Armoogan walked to the

area and explained to me that the trailer was

backed-up in an angle creating a gap between the

ramp and the trailer. Mr. Armoogan had a

discussion with the driver about the incident. The

ramp was not tagged, as no other animals were

unloaded at this time. The above noncompliance

fails to meet the regulatory requirements of 9CFR

313.1 and 313.2 This noncompliance was not

considered egregious This document serves as

written notification that your failure to comply

with regulatory requirements(s) could result in

additional regulatory or administrative action.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 7

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M6590 Randolph

Packing Co.,

Inc.

YBB541

306491

3N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0950 hours on June 13, 2018,

the following humane handling noncompliance

was observed at Randolph Packing Company

(M6590) in Asheboro, NC. While performing

antemortem inspection, I observed a farmer

arriving at the farmer’s barn to offload two beef

cows. While off-loading the first cow, the animal

fell through a 4-6 inch gap between the unloading

ramp and the trailer. The vertical distance from

the trailer to the ground was approximately 2

feet. A front limb of the animal went through the

gap and the animal’s body hit the ramp surface;

when the animal regained footing on its front end,

a back limb also went through the gap and the

animal’s body hit the ramp surface again.

Throughout the incident, the animal appeared to

be struggling to regain its footing. Multiple

skin-depth cuts were observed on the front and

back affected limbs and a small amount of blood

was seen coming from the wounds.  I

immediately took regulatory control and did not

allow further off-loading of the trailer. 

 was notified of the

humane handling noncompliance. The

establishment covered the gap with boards and

notified me that it was safe to off-load the next

animal. The animal was off-loaded with no further

incident. The establishment is developing further

corrective actions, including not allowing the

offloading of animals if a gap is present. The

establishment failed to meet the regulatory

requirement of 9 CFR 313.1(a) which requires

ramps to be maintained in a manner to prevent

injury or pain to animals and to avoid unnecessary

openings where animals may be injured.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 8

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7975+P7

975+V7975

Piedmont

Custom Meats,

Inc.

YCA021

108290

9N-1

08/09/2018 08/09/2018 04C02 Livestock

Humane

Handling

313.2 **** Category III-Water and Feed Availability  

On 8/9/2018, at approximately 1145 AM, while

conducting official inspection duties at Piedmont

Custom Meats, the following Humane Handling

violation was observed: **  IPP went outside to

check on the animals that were awaiting

slaughter. In rear pen #1, there was one lamb

without water. In Rear Pen#2, there were 4 hogs

without water. Both water pales were completely

empty. IPP immediately informed Plant Manager

Dave Klinker of this finding and water was

immediately furnished to the animals. Mr. Klinker

was also informed of the plant's failure to comply

with 9 CFR 313.2(e)

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 9

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M18079+P

27232

Smithfield

Fresh Meats

Corp.

VFB442

008252

2N-1

08/22/2018 08/22/2018 04C02 Livestock

Humane

Handling

313.1 On 08/22/2018 at approximately 20:42 while

verifying HATS Category VI - electric

prod/alternative object use in the alleyway

leading to the A-2 CO2 , I observed the

following noncompliance: When looking down

the alley and towards the CO2 stunning area, I

observed that the roller bar on the second

horizontal automated gate was missing. I then

observed an exposed bracket on the top and

bottom aspect of the leading edge of the

automated gate. Each of these brackets was

rectangular in shape, measuring approximately 1

inch x 3⁄4 inch and 1/4 in thickness with sharply

angled metal edges. I observed that when the gate

is activated, the brackets protrude into the alley

and contact the opposing wall with a considerable

amount of force. The height of these brackets,

approximately 4 inches and 24 inches from the

ground, was such that I concluded that the

brackets could realistically contact and injure a

hog during routine operation of the gate. The

establishment was actively opening/closing this

gate and moving animals through the gate

without taking any action to prevent injury to the

animals. I took regulatory control of the gate,

therefore ceasing operation of the gate, by

applying USDA Rejected tag No. B42 301453. I

then inspected the remainder of the automated

gates in the stunning area and I found that the

third horizontal automated gate on B-1 CO2

alleyway was in similar disrepair with a missing

roller bar and protruding metal brackets with

sharp angles. I observed establishment employees

actively moving hogs through this opening/closing

gate without taking any action to prevent injury

to the hogs, therefore I ceased operation of this

gate by applying USDA Rejected tag No. B43

370771. I notified of

my concerns regarding the protruding metal

brackets on the automated gates, and I explained

CLOSED

(b)(6) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 10

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

that these conditions represent noncompliance

with 9 CFR 313.1(a). called

maintenance to the area to make repairs and

notified the immediate area supervisor, 

, of my findings. At approximately 21:00

 and

stated that the automated

gates were repaired and ready for my inspection.

 stated that as a preventive measure,

the employees will be instructed to discontinue

using any gate with a broken roller bar until

maintenance can make a repair. also

stated that he would meet with maintenance to

come up with a more durable design for the roller

bar apparatus. I inspected the repairs and

relinquished regulatory control of both gates at

21:05.  No animals were directly observed to be

injured from this facilities deficiency.

M19825+P

19825

Halal

International

Processing

JDA351

608150

7N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(iii)

HATS category VIII Stunning At about 1 p.m., I

observed attempt to stun a small bull with

his rifle.  The animal moved his head and the

bullet grazed the side of his head only.  The

animal did not fall down and did not vocalize. 

 took immediate action and reloaded the

rifle and fired a second round that was properly

placed.  The animal fell down immediately and

was unconscious until hoisted and bleeding out.  

Regulations require that animals be

rendered unconscious on the first shot. 

The missed shot that did hit the animal is not

humane.  Excessive movement by either the

animal or the shooter must be controlled to

prevent inhumane handling.  Though this was

unintentional and immediate corrective action

was taken to stun the animal properly,

consideration should be give to methods of

preventing similar problems in the future.

CLOSED

(b)(6)

(b)(6)

(b)(6)(b)(6)

(b)(6) (b)(6) (b)(6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 11

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20478+P

20478

Snow Creek

Meat

Processing, Inc.

VAB220

808352

0N-1

08/20/2018 08/20/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(2),

313.15(a)(3)

On August 20, 2018 at Snow Creek Meat

Processing Est.20478 at 8:40 a.m. the following

observation was made. The establishment was

using captive bolt. The stun was not effective

rendering the animal immediately unconscious.

Corrective action was taken immediately

rendering the animal unconscious. This

constitutes a regularatory  non compliance with

USDA 313.16a 1-3. Plant management was

notified of the non compliance.

CLOSED

M4499+P4

499+V4499

Tri-Town

Packing

Corporation

LPA191

307272

4N-1

07/24/2018 07/24/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III WATER AND FEED AVAILBILITY 

While performing Odd hours Livestock humane

handling task observed the following

noncompliance: At approximately 0720 hours at

Tri-Town Packing Est. #4499, entered the

pen area where animals are kept and presented

for inspection prior to slaughter to perform the

odd hours humane handling inspection. I observed

cattle (to be slaughtered under Federal Inspection)

in pens 2, 3, and 4 with no access to water. The

water containers in each pen contained only dry

hay and no evidence that there had been water in

the containers. The establishment failed to meet

the regulatory requirements of 9 CFR 313.2(e)

which states in part that animal must have access

to water. When Jeff Liberty, Plant Manager for Tri

Town Packing, was verbally informed of the

noncompliance, he provided immediate corrective

action by putting water into the pens.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 12

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5439 Kleemeyer &

Merkel Inc.

BQE531

208560

9N-1

08/09/2018 08/09/2018 04C02 Livestock

Humane

Handling

313.1 While performing HATS Category III (Water and

Feed Availability) during the Livestock Humane

Handling task on August 9, 2018 at 1325 hours, I

observed a roaster swine in lateral recumbency in

the aisle outside of the pen that is furthest from

the kill floor in the back barn.  The pig was

wedged between the floor and a gap in the panels

of the wall of the building and couldn't get out. I

immediately notified Mr. Tim Nugent, President of

Establishment #M05439.  He supervised his

employees as they took immediate corrective

actions to free the pig by 1327 hours.  The pig did

not appear injured or dehydrated, and walked

normally.  I tagged the portion of the aisle with

Retain Tag # B24013844, and notified Mr. Nugent

that the gap must be repaired.  This violates 9 CFR

313.1(a).

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 13

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5439 Kleemeyer &

Merkel Inc.

BQE241

409400

6N-1

09/06/2018 09/06/2018 04C02 Livestock

Humane

Handling

313.2 While performing the Livestock Humane Handling

task to assess HATS Category I (Adequate

Measures for Inclement Weather) on September

6, 2018 at approximately 1330 hours, I observed

overcrowding of pigs in the west and middle pens

in the back barn (2 pens total).  The pigs were

touching and lying on each other, and there was

no visible floor space between the pigs.  A pig was

lying in the water bin in each pen, with the water

at a shallow depth (approx. 1 inch).  The

forecasted heat index at the time of the

observation was around 100 degrees Fahrenheit,

and it was extremely hot inside the barn.  Many of

the pigs were hyperventilating, and some were

open-mouth breathing.  I immediately notified

Mr. Tim Nugent, establishment owner, that the

pigs did not have adequate access to water, and

he instructed his employee to move some of the

pigs to a different empty pen and refill the water. 

Mr. Nugent informed me that 528 pigs were

delivered to the facility today, while the typical

delivery is around 250-300.  While the employee

was redistributing the pigs to other pens, I

observed an approximately 250 lb male pig slowly

exit the west pen, pause as his legs buckled, and

collapse in the aisle.  He briefly exhibited

generalized skeletal muscle fasciculations, then

proceeded to pant heavily with his mouth open. 

The employee rinsed him with cool water, and

after a short time to rest, tried to move him.  He

was unable to stand, and shortly thereafter, I

observed that he stopped breathing and died at

1418 hours.  I notified Mr. Nugent that

inadequate access to water violates 9 CFR

313.2(e).

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 14

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8547+V8

547

Champlain

Beef Company

Inc.

PRO481

009022

8N-1

09/28/2018 09/28/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV – Handling During Ante-mortem

Inspection On September 28, 2018, at

approximately 1000 hours while performing

humane handling verification activities, I 

 observed the following

noncompliance.  Two establishment employees

loaded 10 dairy cows into the chute which leads

to the stun box.  There was one cow already

standing in the stun box, waiting to be stunned. 

Once all of the cows were loaded into the chute,

the fourth cow from the stun box was jostled from

the movement of the cows in front and behind

her, such that she fell down.  The cow was not in

distress, did not vocalize, and remained still while

she was down in the chute.  Immediately, the

plant employees backed up the cows behind her. 

However, because the three cows in front of her

were standing so close together and because their

forward motion was restricted by the stun box,

there was no room for the down cow to stand. 

The plant employees stunned and shackled the

cow in the knock box and then attempted to

move a cow from the chute into the knock box. 

However, the cow balked and backed up.  This

action forced the two cows behind her to also

back up such that one cow stepped on and over

the down cow.  Though the down cow was

stepped on, she did not vocalize or show any signs

of distress or injury.  The down cow immediately

stood after this occurred; and upon veterinary

examination, appeared uninjured.  Mr. Joshua

Cuomo, Plant Manager, was immediately notified

of the noncompliance and the establishment’s

failure to adhere to the regulatory requirements

of 9 CFR 313.2(a).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 15

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M17776 Trenton Halal

Packing

Company

BBE060

905023

0N-1

05/30/2018 05/30/2018 04C02 Livestock

Humane

Handling

313.1 At 0730 on May 30th, 2018 while unloading part

of an animal truck at Trenton Halal one cow

slipped and fell coming out of the truck while

unloading four cows during plant operation. No

ramp was used while unloading these animals.

Nor was mulch or sand used to help provide

better footing on the driveway floor. There was

about a foot drop from the back of the truck to

the ground which was wet. The cow that slipped

immediately got back up after it fell. In

attendance was at Trenton

Halal , and 

The floors of livestock pens and driveways are

expected to be constructed and maintained to

provide good footing for livestock regardless of

the weather conditions. The cow slipping and

falling does not meet 313.1(b).

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 16

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF380

909421

2N-1

09/12/2018 09/12/2018 04C02 Livestock

Humane

Handling

313.30(a)(1) HATS Category VIII - Stunning Effectiveness On

Wednesday, September 12, 2018 at 0930 hours, I

observed the stunning of a market swine placed in

the white dual conveyor belt system in the

slaughter department of Gold Medal Packing. The

establishment employee performing the stunning

placed the electrodes of the electrical stun device

onto the swine with the distal electrode placed

slightly lower away from the head and closer to

the shoulder and the proximal electrode in the

normal position on the body so as to target the

heart. The swine immediately began vocalizing

profusely with its eyes open and remained in this

state for several seconds. The volume and

duration of the vocalization indicated that the

swine was experiencing an electrical stun attempt

without being rendered unconscious. The

establishment employee then adjusted the

position of the electrodes of the electrical stun

device with the distal electrode placed behind the

ear in the correct position to target the head and

the proximal electrode again placed on the body

so as to target the heart and reapplied the current

at which point the swine was rendered

unconscious. This change in position of the

electrodes of the electrical stun device indicates

that the first attempt was not successful because

of the position of the electrodes. I then observed

as the animal was bled and hoisted onto the rail

without returning to consciousness. I then took a

regulatory control action by placing retain tag

#B42171081 onto the white conveyor belt system

and instructed the establishment employees not

to slaughter any additional animals. I then left the

department and found in the

evisceration department and notified him of the

noncompliance. He immediately reassigned a

more experienced employee to perform the

stunning, and I removed the regulatory control

action. The inability of the establishment to

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 17

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

administer the electric current and render the

animal insensible to pain as described above is not

in compliance with 9 CFR 313.30(a)(1).

M17965 Gold Medal

Packing Inc.

JRF541

209572

1N-1

09/21/2018 09/21/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Category VIII- Stunning Effectiveness At

approximately 1050, September 21, 2018, while

watching an employee attempt to stun a

non-ambulatory disabled calf in the pen, I

observed him deliver one shot with the hand held

captive bolt, which penetrated the calf’s skull

between the eyes.  The calf remained conscious

and vocalized.  The employee immediately

reloaded, adjusted the shot placement, and

effectively stunned the animal.  I informed 

of the violation of 9CFR 313.15(a)(1).

CLOSED

M5300 Rhode Island

Beef & Veal

Inc.

VEL131

308102

2N-2

08/15/2018 08/22/2018 04C02 Livestock

Humane

Handling

313.1 non-compliance did not exist, system will not

allow me to change the original info documented. 

need to delete after entry

CLOSED

M5497+V5

497

Adams Farm

Slaughterhous

e LLC

FWJ101

107371

8N-1

07/18/2018 07/18/2018 04C02 Livestock

Humane

Handling

313.2 HATS category III: Feed and Water Availability 

While performing a humane handling task in the

holding pens at approximately 11am on

07/18/18, the following noncompliance was

observed: Approximately 15 cows housed in an

indoor pen were not provided water.  A barn

worker was notified and the animals were

immediately provided water. This is in

noncompliance with 9CFR313.2(e). 

, was notified of the

noncompliance and that a noncompliance record

would be generated to reflect this finding. Upon

review of records, no recent similar

noncompliances have been generated.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 18

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5497+V5

497

Adams Farm

Slaughterhous

e LLC

FWJ371

307502

3N-1

07/23/2018 07/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling Category VIII: Stunning

Effectiveness This morning, at approximately

11:50, while observing the slaughter of swine to

ensure acceptable humane slaughter methods, I

observed the following: the employee performing

the stunning had a large sow in the kill box.  He

applied the captive bolt stunner to its head and

shot it.  The sow remained standing while

vocalizing once.  Immediately upon seeing the

sow remain upright the employee retrieved the

backup stun gun, which is readily available in the

kill box area, and applied a second, successful shot

which rendered the sow unconscious.  

was notified of this noncompliance verbally and

with this notice.  No regulatory control was taken

due to the immediate action by the employee. 

There are no recent similar NR’s.  The

establishment has a robust, systematic animal

handling and slaughter plan on file.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 19

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M6354+P6

354+V6354

E.L.

Blood & Son,

Inc.

BNH05

110636

04N-1

06/04/2018 06/04/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling Category VIII: Stunning

Effectiveness This morning, at approximately

10:45am, while observing the slaughter of swine

to ensure acceptable humane stunning methods,

the following noncompliance was observed: The

employee performing the stunning applied the

captive bolt stunner to a roaster swine in the

appropriate stunning area and shot it. At that

time, the swine moved its head and the shot was

applied full thickness through the skin at the

caudal aspect of the head between the ears. The

swine remained on its feet, and vocalized once.

Using the loaded back-up stunner, the employee

immediately applied a second shot which was

successful in rendering the animal unconscious. 

This is noncompliant with 9CFR 313.15(a)1. Mr.

Richard Blood, Owner, was notified of this

noncompliance verbally and with this notice. No

regulatory control action was taken due to the

immediate action by the employee. The

establishment is currently under suspension held

in abeyance for an incident of egregious

mishandling of pigs on 5/21/18, no other similar

noncompliance records have occurred in the past

six months at this establishment.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 20

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M6354+P6

354+V6354

E.L.

Blood & Son,

Inc.

BNH25

090740

30N-1

07/30/2018 07/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling Category VIII: Stunning

Effectiveness This morning, at approximately

10:00am, while observing the slaughter of swine

to ensure acceptable humane stunning methods,

the following noncompliance was observed: The

employee performing the stunning applied the

captive bolt stunner to a large market swine in the

appropriate stunning area and shot it. The pig

remained conscious and standing, the pig

continued to walk around sniffing the ground.

Using the loaded back-up stunner, a second

employee immediately applied a second shot

which was successful in rendering the animal

unconscious. This is in noncompliance with 9CFR

313.15(a)1. The slaughter floor manager was

notified of this noncompliance verbally and

notified a noncompliance record would be

generated to reflect these findings. No regulatory

control action was taken due to the immediate

action by the employees. The establishment is

currently under suspension held in abeyance for

an incident of egregious mishandling of pigs on

5/21/18. The establishment had a similar missed

stun on the 4th of June 2018, noncompliance

record # BNH0511063604N.

CLOSED

M8868 PT Farm LLC RDB461

007211

8N-1

07/18/2018 07/18/2018 04C02 Livestock

Humane

Handling

313.2 On 7/18/18 at approximately 0645 hrs , while

looking for any suspect cows I 

observed that the barn  was full to

capacity . There were 7 cows in the alley without

access to water . I notified 

 He stated he would take care of it . Owner

Peter Roy arrived 20 minutes later and got them

into a pen with water.  This is in violation of 9 CFR

313.2 (e) that states animals shall have access to

water . Plant manager Peter was notified of this

noncompliance verbally and in writing with NR.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 21

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9428+P9

428

East Conway

Beef & Pork

Processing

XML24

080741

17N-1

07/17/2018 07/17/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water and Feed Availability (9

CFR 313.2) Tuesday, July 17, 2018: At

approximately 8:20AM, the following

noncompliance was observed while performing a

routine Livestock Humane Handling task. I

observed a livestock trailer containing three adult

cattle, one calf, and one sheep that were all

without access to water. Watering pales were not

present within the trailer. The trailer was located

along the side of the establishment near the

holding pen area and had been parked there at

least since the start of official hours at 8:00AM.

 was no

present at the establishment this morning. I

immediately held a discussion with plant

co-owner Mrs. Naomi Robinson and

.  Mrs. Robinson

stated the animals within the livestock trailer

were intended to be slaughtered under federal

inspection today and that 

dropped them off late last night but did not

unload them. I verbally issued a noncompliance

of 9 CFR 313.2 (e) pending my written report.

 Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed. A 90-day review of PHIS showed there has

been no noncompliance of similar cause

documented.

CLOSED

M9760+P9

760+V9760

Herring

Brothers Inc.

DIK161

507382

3N-1

07/23/2018 07/23/2018 04C02 Livestock

Humane

Handling

313.2 Category III- Water and Feed Availability---9 CFR

313.2 At approximately 11:10 am on Monday

July 23rd while conducting ante-mortem

inspection on lambs that were written up for the

slaughter line, I observed a single pig in pen #3

that did not have any water nor did it have a

water bucket in the pen. I notified 

 of this. The pig was immediately

watered.

CLOSED

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 22

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20321+V

20321

Luce's Maine

Grown Meats

NKI071

408060

1N-1

08/01/2018 08/01/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability (9

CFR 313.2) Wednesday, August 01, 2018: The

following noncompliance was observed while

performing a routine Livestock Humane Handling

task. At approximately 1:05PM, I observed two

Black Angus cattle were being unloaded from a

livestock trailer and into a holding pen. The cattle

were handled by the farmer who delivered them.

There were no plant employees present at the

time the animals were unloaded. I noted drinking

water was not readily available in the holding pen.

Immediately after the animals were unloaded, I

notified plant owner Mr. Arnold Luce of the

unloading of animals into the pen with no water

available. Mr. Luce, who was working in the raw

processing room, was unaware the two cattle had

been dropped off prior to our conversation. At

approximately 1:30PM, I returned to the barn to

verify water availability in the holding pen. Water

was still not available at that time.  This is

noncompliant with 9 CFR 313.2(e). Animals shall

have access to water in all holding pens.  I notified

Mr. Luce of my findings and verbally issued a

noncompliance pending my written report. A

review of PHIS indicated no noncompliance of

similar cause has been documented within the

past 90-days.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 23

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20321+V

20321

Luce's Maine

Grown Meats

NKI481

108391

6N-1

08/16/2018 08/16/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

On August 16, 2018 at approximately 1100 hours,

while performing the Humane Handling

verification task IPP observed: HATS Category

VIII – Stunning Effectiveness (9 CFR 313.16 (a)(3)) 

IPP observed stun

1 beef cow utilizing a 9mm handgun. After 

 first stun, IPP observed the beef cow

slump approximately a foot and subsequently,

breathing heavily, regain its footing. Utilizing the

9mm handgun, immediately and

effectively stunned the animal for a second time

rendering the animal unconscious and insensible

to pain. No product was adulterated and no

regulatory control actions were taken. Mr. Luce

(Owner) was notified of the noncompliance

verbally and in writing. Review of the PHIS

database yielded non-compliance

# NKI5411041716N for association.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 24

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20321+V

20321

Luce's Maine

Grown Meats

NKI300

808492

3N-1

08/23/2018 08/23/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability (9

CFR 313.2) Thursday, August 23, 2018: the

following noncompliance was observed while

performing a routine Livestock Humane Handling

task. Upon arriving on-site at 8:00AM Mr. Arnold

Luce, plant owner informed me there was one

market swine and one Black Angus Cattle present

in the holding area. Mr. Luce stated both animals

were intended for slaughter, which would not be

occurring until later this morning around

10:00AM.    At approximately 8:50AM, I

observed both animals in the holding area were

without access to water. A water pale was not

present in the bovine’s holding pen.  The market

swine’s holding pen did have water pale but it was

empty and visibly dry. This is noncompliant with

9 CFR 313.2 (e), animals shall have access to water

in all holding pens and, if held longer than 24

hours, access to feed. I visually notified Mr. Luce

of my observation and verbally issued a

noncompliance pending my written report.   A

90-day review of PHIS showed an NR of similar

cause (NKI0714080601N), issued August 1, 2018.

The current verification findings of noncompliance

indicate corrective actions were not implemented

or ineffective to prevent recurrence.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 25

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC101

308482

1N-1

08/21/2018 08/21/2018 04C02 Livestock

Humane

Handling

313.2,

313.30 (a)(2)

While completing the ante mortem and humane

handling task on Tuesday August 21, 2018 at

approximately, 1230hrs, 

observed that the bleed line was stopped, two

exsanguinated pigs were in shackles, 2

exsanguinated pigs were on the table, 2 stunned

pigs were in the restrainer and 4 pigs were piled in

the concrete chute vocalizing.  This is

unacceptable according to the following

regulations: § 313.2 Handling of livestock.  (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 a minimum of

excitement and discomfort to the animals. 

§ 313.30 Electrical; stunning or slaughtering with

electric current.  (a) Administration of electric

current,required effect; handling. (2) The driving

or conveying of the animals to the place of

application of electric current shall be done with a

minimum of excitement and discomfort to the

animals. Delivery of calm animals to the place of

application is essential to ensure rapid and

effective insensibility. When questioned; JHR

employees stated that they like to get a jump on

things after lunch.  JHR Packing Co. policy is that

no animals are to be in the chute until the line in

continuous motion.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 26

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC351

208112

7N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 While performing the ante mortem task this

morning Monday August 27, 2018; 

experienced four notable concerns which resulted

in a hold in completing the task and an associated

NR.  The concerns are listed 1-4 followed by the

supporting regulation from the 9CFR.  These

concerns included: 1.  Several pens of pigs were

filthy.  We had discussed the importance of clean

pigs at ante mortem inspection during

establishment meeting as well as during the

aftermath of an erysipelas event on the slaughter

floor.  Barn staff is to turn on sprinklers to help

clean off soiled animals prior ante mortem

inspection.  Coincidentally; we had a lot with

diamond skin lesions.  If pigs are covered in

manure it is impossible to identify and suspect

those animals which may have lesions.  Failure to

identify suspected animals at ante mortem may

result in extensive time spent by both USDA and

JHR employees post mortem. 2.  The barn was

ill-staffed. One employee was helping me while

another was weighing and moving pigs.  It was

difficult to remove dead or disabled pigs from

pens.  In an attempt to discuss the situation with a

barn employee, the employee slipped away

unwilling to stop and discuss the situation.  My

attempt was to determine if it best that I request

further barn help in order to accomplish the tasks

at hand.  Another employee stated that he had

worked 23 hours this weekend and he was

leaving, which would leave myself and one

employee to complete the task. 9CFR 307.2(a) 

Other facilities and conditions to be provided by

the establishment. (a) Satisfactory pens,

equipment, and assistants for conducting

ante-mortem inspection and for separating,

marking and holding apart from passed livestock

those marked ‘‘U.S. suspect’’ and those marked

‘‘U.S. condemned’’ (pens, alleys, and runways

shall be paved, drained, and supplied with

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 27

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

adequate hose connections for cleanup purposes).

---- 3.  Despite several conversations, I continue to

have concerns regarding over crowding on the

scale and the chute. 9 CFR 313.2(a)  Handling of

livestock.  (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 a minimum of excitement and discomfort to

the animals. ---- 4.  There is always considerable

slipping and falling of pigs leaving the scale area.  

I have asked that the black waffled mats remain at

the exit to prevent this occurrence.  This also

refers to replacing the mats to their place once

they have moved by repeated traffic.  The mats

are not always out and had been pulled out of the

scale on Friday to address slipping. 9 CFR

313.1(b)  Floors of livestock pens, ramps, and

driveways shall be constructed and maintained so

as to provide good footing for livestock. Slip

resistant or waffled floor surfaces, cleated ramps

and the use of sand, as appropriate, during winter

months are examples of acceptable construction

and maintenance.
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 28

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC340

909442

4N-1

09/24/2018 09/24/2018 04C02 Livestock

Humane

Handling

313.2 While performing the ante mortem inspection

task in the barn on Monday September 24, 2018

at approximately 0645, observed that

the waterer in pen L was empty.  While there was

a bit of water in the bottom, this particular

apparatus is gravity fed and therefore water was

inaccessible to the pigs in that pen.  This is a

regulatory non-compliance in regard to the

following regulations: § 201.82 Care and

promptness in weighing and handling livestock

and live poultry. (a) Each stockyard owner,

market agency, dealer, packer, swine contractor

and live poultry dealer must exercise reasonable

care and promptness with respect to loading,

transporting, holding, yarding, feeding, watering,

weighing, or otherwise handling livestock, or live

poultry to prevent waste of feed, shrinkage, injury,

death or other avoidable loss. § 313.2 Handling

of livestock. (e) Animals shall have access to

water in all holding pens and, if held longer than

24 hours, access to feed.

CLOSED

M4593 Greenbrier

Meat

Company, Inc.

XQC140

706290

6N-1

06/05/2018 06/05/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) Humane Handling Category: VIII Stunning

Effectiveness Regulations:  313.16(a)(1) While

performing a humane handling task for HATS

category VIII-stunning effectiveness, the following

took place. About 8:50am on the last inspected

beef,I observed that  it took two shots

to render the animal unconscious. The Beef cow

was shot with a 22 magnum on both shots. The

first one was placed in the forehead of the animal.

The animal went down, but then stood up on its

front feet. The cow did not make any vocalization,

or any other movement that would be a sign of

being in pain. The second  shot was Immediate

and was successful in rendering the animal

unconscious. The owner skinned the head and

placement of both had proper placement one shot

did not puncture the skull and one did.   

was notified of this Nr.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 29

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK3206

060022

N-1

06/21/2018 06/22/2018 04C02 Livestock

Humane

Handling

313.2 June 21, 2018 HATS category III: Water and feed

availability. The Livestock Humane Handling task

was performed at approximately 1200 EDT at

Harmon Bros. Meats, Warsaw, KY. The following

observation was made by the SVMO: A holding

pen with 16 pigs of various sizes was noted to

have a half-moon shaped watering trough with

approximately 2 inches of chocolate brown,

heavily fecal contaminated water. In the alleyway,

6 additional pigs were found to have no water

trough available, and thus no water access. The

pigs, both the ones in the holding pen and the

ones in the alleyway (which came from the

observed holding pen), were declared for Federal

Inspection by plant personnel. This observation

was brought to the attention of plant owner Dave

Harmon, who was likewise informed of this

non-compliance record. This continues a recent

trend in water availability issues.

CLOSED

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK4006

074326

N-1

07/26/2018 07/26/2018 04C02 Livestock

Humane

Handling

313.1 On July 26, 2018 at Establishment # 7356,

Harmon Brothers, at approximately 0700 hours

while performing the scheduled Humane Handling

Verification Task I observed the following

non-compliance: HATS Category III-Water and

Feed Availability. I  observed in the middle holding

pen containing too numerous to count of various

sizes sheep was found to be lacking the ability to

have easy access to the water source and no room

to move or lay down freely. Retained

Tag # B37427516. I informed Roy Palmer, Plant

Manager, of the above nonconformance and the

impending issuance of this noncompliance record.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 30

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK1909

083823

N-1

08/23/2018 08/23/2018 04C02 Livestock

Humane

Handling

313.1 On August 23, 2018, at Establishment # 7356,

Harmon Brothers, at approximately 0700 hours

while performing the scheduled Humane Handling

Verification Task I observed the following

non-compliance: HATS Category III-Water and

Feed Availability.  I observed in the first holding

pen containing too numerous to count of various

sizes sheep and goats was found to be lacking the

ability to have easy access to the water source

and no room to move or lay down freely. Retained

Tag # B37427527. Back pen with sheep had no

water availability. I informed Roy Palmer, Plant

Manager, of the above nonconformance and the

impending issuance of this noncompliance record.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 31

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK4911

083730

N-1

08/30/2018 08/30/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 August 30, 2018 HATS category III: water and

feed availability HATS category IV: ante-mortem

inspection HATS category V: suspect and

disabled HATS category VII: slips and falls While

performing the Livestock Humane Handling task

at Harmon Bros. Meats (M7356) Warsaw KY, the

SVMO made the following observations at

approximately 1230 hours EDT: A holding pen

containing cattle was found to have manure

soaked bedding, soupy manured covered flooring

with puddles of standing manure water; a holding

pen containing hogs was found to have a large

area of standing manure water and manure

covered flooring; a second holding pen containing

hogs was found to have a large area of standing

manure water and manure soaked bedding; both

pens of hogs had brown, manure water of

questionable condition for consumption; both

pens of hogs contained ambulatory disabled

mixed with normal ambulatory animals; and

finally, when an ambulatory disabled hog with a

large necrotic open wound on its leg was selected

for removal from the holding pen by the SVMO,

several hogs were observed to slip and fall due to

the manure coated flooring. The establishment is

reminded of the regulations:” Floors of livestock

pens, ramps, and driveways shall be constructed

and maintained so as to provide good footing for

livestock.”; “Disabled animals and other animals

unable to move shall be separated from normal

ambulatory animals ...” ; “Animals shall have

access to water in all holding pens...”. Dave

Harmon, establishment owner, was made aware

of these observations and the forthcoming

non-compliance record.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 32

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK5507

090314

N-1

09/13/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0835 hours

 and mysel

observed the following noncompliance while

verifying the Humane handling Task. The last pen

on the left as exiting the slaughter floor contained

putrid manure soaked bedding and the entire

concrete floor was also covered in wet manure.

This pen held 4 head of Holstein dairy cattle at the

time of our observation.  

was informed of the noncompliance and this

impending written documentation. Similar

noncompliances have been recently observed and

documented. The pen was tagged with U.S.

rejected tag # B37427501.

OPEN

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK4009

094118

N-1

09/18/2018 09/18/2018 04C02 Livestock

Humane

Handling

313.1 On September 18, 2018 at approximately 0705

hours at Harmon Brothers, Establishment # 7356, I

observed the following noncompliance while

verifying the Humane Handling Task. The first

pen on the left as exiting the slaughter floor

contained putrid manure soaked bedding and the

entire concrete floor was also covered in wet

manure. Needs through cleaning prior to any

animals being contained in that pen.    In all of

pens brown, manure water of questionable

condition for consumption. All pens needs the

water troughs cleaned and filled for the animals

being held for slaughter.    

 and Dave Harmon, the owner, was

informed of the noncompliance and this

impending written documentation. Similar

noncompliance’s have been recently observed and

documented. The pen was tagged with U.S.

rejected tag # B37427544.

CLOSED

(b)(6) (b)(6)

(b)(6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 33

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7464+P7

464

F.B. Purnell

Sausage Co.,

Inc.

CMN54

060623

28N-1

06/28/2018 06/28/2018 04C02 Livestock

Humane

Handling

313.2 June 28, 2018 HATS category III: water and feed

availability. While performing the Livestock

Humane Handling task at Purnell Sausage

Company (M7464), Simpsonville KY the following

non-compliance was observed by the SVMO at

approximately 0730 EDT: A semi- trailer load of

sows, approximately 90 head, was found at the

side of the barn. I inspected the trailer and was

unable to find a water source on the trailer. I

consulted the security guard and discovered the

truck entered the official premises at 0430 EDT.

Thus, the semi-trailer in essence had become a

holding pen and the sows lacked access to water

as required by the regulations. 

was informed of this observation and the

forthcoming non-compliance record.

CLOSED

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF460

708500

3N-1

08/03/2018 08/03/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water/Feed Availability;

(CFR313.2 (e ), On 8/3/18 at 0815 hours while

performing antemortem inspection at

Establishment 4271, Greise Brothers Packing, I

 observed the following

noncompliance. There was no water supplied to

the veal. I notified 

 he had an employee immediately put a

container of water in the pen.  The corrective

action was immediate, so a US reject tag was not

used.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 34

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF581

008392

4N-1

08/23/2018 08/24/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII: Observation for slips and falls;

9CFR313.1(a), On August 23, 2018 at 0745 hours,

while performing antemortem inspection at

Establishment 04271, I, , observed the

following noncompliance. Pen#7 had a uncovered

hole in the cement (approx. 3 feet in diameter),

where an animals leg could be injured. 

 was immediately

notified and removed the cattle to pens 4 & 5. I

took regulatory control using US

Retained/Rejected tag No. B37604665 and tagged

the entrance to Pen#7. The manager had the

metal lid placed back on top of the hole, covering

it. The removed the tag and released the pen for

use.

CLOSED

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF550

909432

0N-1

09/20/2018 09/20/2018 04C02 Livestock

Humane

Handling

313.1 HATS category IV: Handling During Antemortem

Inspection, On September 20, 2018 at

approximately 0900 hours, while I )

was performing antemortem inspection of the

livestock in pen #1, I observed the following

non-compliance. The metal fence pole behind the

water container in the northeast corner of pen#1

was extremely rusty and had a 3in X 1 in jagged

hole in it facing the livestock. I determined

the jagged metal hole may injure the livestock in

pen #7. I took regulatory control action by placing

US Reject Tag #B37604672 on pen #1

immediately and informed the employee in

charge of the pens ). He immediately

removed all livestock from pen#1. 

 informed me that pen#1 has been

repaired. I re-inspected pen#1. The jagged hole in

the pole was now covered with duct tape. There

was no jagged edges observed. I remove the tag

and released pen#1 at 0920 hours.

CLOSED

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 35

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5931 G.G.

RUPPERSBERG

ER & SONS INC

WHD17

070700

02N-1

07/02/2018 07/02/2018 04C02 Livestock

Humane

Handling

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. JULY, 2,18 at approximately 0745hours,

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 in

the outside holding  pen. I notified 

 immediately notified .I took regulatory

control action and applied Retain/Reject Tag

Number B37529253 .  The water troughs and

containers were filled and made available to all

livestock.  I reinspected the pens and verified that

the water was made available to the livestock and

removed the Retain/Reject Tag.  Mr. Ebb Nuttle

was notified of the failure to meet the regulatory

requirement of 9 CFR 313.1 and 313.2.  The

establishment is being notified through this

non-compliance record as written notification that

further failure to meet the regulatory

requirements could result in additional regulatory

or administrative actions.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 36

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5931 G.G.

RUPPERSBERG

ER & SONS INC

WHD04

090733

23N-1

07/23/2018 07/23/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 HATS Category VII: Slips and fall (9 CFR 313.2 (a). 

One Cow had slipped and falling down as they are

handled and moved through the livestock

facilities. On July 23, 2018 at approximately

0650 hours, while performing the Humane

handling task at Establishment 5931M, G. G.

Ruppersberger & Sons,  I observed the following

non-compliance while animals were moved from

live pens to the ramp. As the animals run up into

the ramp by , one

animal had slipped down and felt. I immediately

informed that their ramp was

slippery, but no action were taken at this time to

prevent further action for the animals from falling

down. I observed that the ramp had a lot of

muddy waste on the ramp from previous day of

operation, and as the result, one cow slipped and

felt. I immediately took regulatory control actions

at this time 0650 hours stopping processing from

moving further and applied US Rejected

tag # B45309009 to the ramp. I also notified Mr.

Eb Nuttle, Plant Manager that regulation 313.2

was not met. I notified my 

, and of the noncompliance.

CLOSED

M8892+P8

892+V8892

Haass' Family

Butcher Shop,

Inc.

CVJ011

308402

7N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.2(f)

At approximately 1:34pm the following

non-compliance was observed; a bovine steer in

an excited state, was not effectively rendered

unconscious on the first knock.  There was a

menace response.  

, then immediately and effectively

provided the second successful knock which

rendered the animal unconscious. The animal

remained unconscious through shackling,

hoisting, and sticking. The establishment failed to

meet the regulations in 9 CFR 313.15(a)(1) and

313.2(f). Jeff Haass Sr, the establishment owner

was notified of this non egregious noncompliance.

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 37

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9979+P9

979+V9979

Smith Valley

Meats

AAH111

107143

1N-1

07/31/2018 07/31/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(iii)

On 07/31/2018 at approximately 0800 hours

while , , and

 was present performing a

Humane Handling Assessment, the following

noncompliance was observed. After stunning and

slaughtering one steer previously this morning

without incident, 

 performed an ineffective stun using the

same rifle. The ineffective stun was applied to

the incorrect location on the head, slightly above

the right eye socket due to sudden animal

movement. The animal remained standing but did

not show signs of distress or

excitement. Immediate corrective action was

taken by the designated employee, by quickly

applying a proper stun with the same rifle,

resulting in the animal being rendered

unconscious. The establishment does not have a

robust systematic approach for Humane Handling.

CLOSED

M10804+P

10804

Wagner Meats,

LLC.

IWC450

906322

8N-1

06/28/2018 06/28/2018 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability (9 CFR

313.2) On 06/28/18 at approximately 0648

hours, while performing Anti-mortem Inspection, I

observed the following noncompliance: There

were three lambs in a holding pin that lacked

access to water. I notified who then

placed a bucket of water in the holding pin. The

establishment failed to monitor the

implementation of its written Robust Humane

Handling program, which state that all animals

will have access to water. The establishment is in

noncompliance with 9CFR313.2.

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 38

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH301

505432

2N-1

05/22/2018 05/22/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category II- Truck Unloading & HATS

Category VI- Electric Prod/Alternative Object Use 

On May 22nd, 2018 at approximately 1550

 observed the following

noncompliance.  While walking from the kill floor

out to the barn to perform ante mortem

inspection could hear pigs

squealing loudly from one of the trucks that was

being unloaded.  Upon closer inspection of the

situation could see the truck driver

using an electric prod on almost every hog moving

past him.  The truck driver was also making noise

using a shaker can, however the truck driver’s

primary tool for driving the hogs was the electric

prod.  The truck driver continued to use the

electric prod until he noticed that he was being

watched at which time he hung up the electric

prod and began only using the shaker can.  At that

time walked around the truck and

into the unloading alley area to look for the

establishment’s dock monitor.  The dock monitor

was in one of the pens of unloading alley 7

protecting a hog that was down and breathing

heavily.  observed the truck driver

finish unloading the remainder of the hogs with

the shaker can.  Around the same time the

establishment’s Acame over and asked

what had been observed.  The findings were

discussed with who then pulled the

truck driver aside to address the issue

also stated that he would address the dock

monitor regarding the situation.  

informed of the

establishment’s failure to comply with 9 CFR

313.2(a) and 9 CFR 313.2(b).  A similar

noncompliance was documented on 03/09/2018

(NR GEH3309035210N-1) and has been

associated with this noncompliance record.

CLOSED

(b)(6)(b)(6) (b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 39

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH521

505052

3N-1

05/23/2018 05/23/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV- Ante-mortem

Inspection & HATS Category VI- Electric

Prod/Alternative Object Use On May 23nd, 2018

at approximately 1615 

observed the following noncompliance. While

performing ante mortem inspection in the barn

 could hear pigs squealing loudly in

the drive alley leading up to the back door into

the stunning area.    The team members in that

area were attempting to drive too many pigs from

that staging area up to the back door and were

making noise with their shaker cans.  The hogs

however turned around and moved back towards

the closed gate behind them causing them to pile

on top on each other as they could not move past

the closed gate.  The team members continued to

shake the rattle cans, causing increased

excitement and more hogs to continue to pile on

top of other hogs against the closed gate.  At that

time instructed

 who was walking with 

for ante mortem inspection to instruct the team

members to open the gates and relieve the issue. 

The team members opened the gates to which

there were so many hogs piled it took a while for

the pigs to climb off of each other and into the

open pen area.  Once the congested area was

relieved and the hogs were given room to spread

out finished ante mortem

inspection and went into the stunning area

to address the area supervisor.  At that time

 informed 

of the situation and of the establishment’s

failure to comply with 9 CFR 313.2(a) and 9 CFR

313.2(b).  A similar noncompliance

(GEH3015054322N/1) was documented on

05/22/2018 and has been associated with this

noncompliance record.

CLOSED

(b)(6) (b)(6)(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6)

(b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 40

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH511

509472

0N-1

09/19/2018 09/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) The following noncompliance was witnessed by

, on

production date September, 19th, 2018, at

approximately 2142hrs. The noncompliance

occurred while was observing the

stunning of hogs in the suspect hog pen. There

were two shooters, the CARE monitor and the

bobcat driver present. The two shooters had

stunned the first hog, followed their procedure of

wiping their hands reloading and switching the

loaded guns, and readied to stun the next hog.

The second hog was restrained using a u board

and sort board. The first shooter positioned the

captive bolt stunner and discharged it.  The hog

dropped below view. moved forward to

determine consciousness and saw that the hog

was lying in lateral recumbence, blinking, and

looking around. It was breathing but did not make

any noise. The second shooter moved down and

applied their captive bolt stunner, achieving

unconsciousness. It was observed that there was a

wound that was more caudal and lateral (right)

than the recommended region for a good stun

with an angle toward the frontal sinus. The second

wound was in an appropriate position to

penetrate the brain. informed 

 of the noncomplioance

and requested for 

. arrived with Hot Side

. also 

informed him of the noncompliance. Corrective

measures will be addressed in the response to this

NR.

CLOSED

(b)(6) (b)(6)(b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 41

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M1996+P8

242+V1996

Freedom

Sausage, Inc.

YQM35

110859

03N-1

08/02/2018 08/03/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On 08/02/2018 at approximately 0756 hours

while observing stunning procedures as part of a

60-day NOIE humane handling verification visit,

observed the following noncompliance.

Mr. Mark Wiley, owner, attempted to stun a steer

with a .22 magnum caliber rifle while it was free

standing in the knock box. The first stunning

attempt hit the animal but failed to render it

unconscious. The animal remained standing and

had controlled head and eye movement.

Corrective actions were immediately

implemented, and the second stunning attempt

with the same firearm rendered the animal

insensible. Mark Wiley was notified of the

noncompliance and the establishment's failure to

comply with regulatory requirements prescribed

in 9 CFR 313.16(a)(1).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 42

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5502 Ruwaldt

Packing Co.

KCA311

005482

2N-1

05/22/2018 05/22/2018 04C02 Livestock

Humane

Handling

313.2 This is a HATs category II--truck unloading

noncompliance report for Ruwaldt Packing

Company. On May 22nd at approximately 6:10

am I, , received a phone call

from .  

informed me that while observing a truck

unloading, she observed the driver abuse a pig. 

 said that the driver saw one of

the smaller pigs try to run back onto the truck. 

The driver grabbed the pig by its ears and swung it

back down the ramp.  At this point, she told the

driver to stop unloading and went to inform plant

management of what she had observed.  

 says that both and 

were present when she informed them

of her observations. When she came back out to

the barn she observed the driver "kneeing" pigs as

he attempted to get them into a pen. These

actions are a violation of regulation 313.2(a)

which concerns the driving of livestock from

unloading ramps and into pens.  This activity is to

be performed with a "minimum of excitement and

discomfort to the animals." Even though the

driver and his truck are not employed or owned

by Ruwaldt Packing Company they were on its

premises and thus are considered a part of the

premises. The remainder of the livestock intended

for Ruwaldt Packing Company was unloaded by

one of the plant's  employees while under

observation by . No further issues were

noted.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 43

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5659+P5

659+V5659

Schubert's

Smokehouse

Packing Co.,

Inc.

IBD240

908093

0N-1

08/29/2018 08/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII: Stunning Effectiveness On 08/29/2018

at approximately 1340 hours, I, 

, performed HATSVIII: Stunning

Effectiveness on a Black Angus Beef Steer under

30 months of age and approximately 1600

pounds.  A hand held captive bolt gun was

positioned behind the head of the steer at the

poll.  When the gun was fired, the steer’s front

end went down (kneeling position) and then

wobbled side to side when it got back up into a

standing position. The animal was still conscious.

Everyone had to vacate the slaughter floor except

for , so he could use

a pistol to stun the steer. When I heard the shot, I

re-entered the room and examined the steer.  It

was unconscious with a bullet hole in the

forehead.  Plant Owner Mr. Dave Kossina was

notified of the noncompliance and the failure to

meet the regulatory requirements prescribed in 9

CFR 313.15(a)(1). No similar noncompliances

were documented in the past 90 days.

CLOSED

M5659+P5

659+V5659

Schubert's

Smokehouse

Packing Co.,

Inc.

IBD540

709572

0N-1

09/19/2018 09/20/2018 04C02 Livestock

Humane

Handling

313.2 This Noncompliance is listed in

IBD5407095720N/1

CLOSED

M5659+P5

659+V5659

Schubert's

Smokehouse

Packing Co.,

Inc.

IBD540

709572

0N-2

09/19/2018 09/20/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category 111--Water And Feed Availability 

At approximately 1050,while verifying that

water was available to all animals in pens, I

observed the following noncompliance. The pen

containing cattle had no water available as the

water nipples can not be used by cattle. I

immediately notified 

and he immediately

provided water via water buckets.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 44

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M17419+P

17419

Dewig Bros.

Packing Co.

SOF000

609361

9N-1

09/18/2018 09/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On September 18, 2018 at approximately 8:40

A.M while performing HATS category (VIII)

verification, I ) observed the

plant employee using the hand held captive bolt

fail to achieve an effective blow to a beef animal

(steer) with the first discharge. After the first blow

the steer was still standing and was alert. The

employee immediately retrieved another captive

bolt, which was located in the stunning area

(easily accessible) and effectively rendered the

animal unconscious with a single shot in the

second attempt. All the above observations were

made while the animal was in the knock box. 

Failure to render an animal unconscious with a

single shot is a noncompliance with 9 CFR

313.15(a) (1). The Knock Box was rejected with

tag # B21678007 I verbally notified Mr.Tom

Dewig (Owner) and Mr.Dean Dewig(Plant

manager) of the Humane handling noncompliance

.Humane handling with emphasis on stunning

procedures was discussed with Plant

management.Immediate and planned

preventative procedures were also discussed and

agreed on. The Knock box was released and the

kill resumed at approximately 9:30 A.M.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 45

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M18229 Morris Meat

Packing

Company, Inc.

MXC25

110719

18N-1

07/18/2018 07/18/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

HATS VIII: Stunning Effectiveness and 9CFR

313.30(a)(3): Immediate Insensibility and

313.30(a)(1): Insensible to pain On 07/18/2018

at 0835 hours, I, ,

performed HATS VIII: Stunning Effectiveness at the

electrical stunning area.  I observed an

noncompliance, 9CFR 313.30(a)(3) and

313.30(a)(1) during that time.  There were two

market hogs in the restrainer.  The first hog was

stun effectively with the electrical stunner.  When

the establishment employee applied the electric

prongs behind the ears of the second hog, the hog

vocalized and turned its head to the left with eyes

clamped shut and rigid posture.  The

establishment employee quickly performed a

corrective action by repositioning the electric

prongs and effectively stunning it.  Owner John

Simov was notified that the noncompliance will

be documented.  No similar noncompliances

were documented in the past 90 days.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 46

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M18229 Morris Meat

Packing

Company, Inc.

MXC24

210939

13N-1

09/13/2018 09/13/2018 04C02 Livestock

Humane

Handling

313.2(f),

313.30(a)(1),

313.30(a)(3)

On Thursday September 13, 2018 at 07:15 hours

while I was performing my Livestock Humane

Handling Inspection Task, I observed the following

noncompliance. While on the Slaughter floor,

observing the establishment’s employee whose

duties are to properly stun the animals and render

them insensible to pain and to immediate

insensibility; I observed three market hogs inside

the restrainer. I observed the establishment’s

employee apply the electrical prongs to the head

of the first hog and the hog clamped it’s eyes shut

with a rigid posture. Immediately afterwards, I

observed the electrical prongs come off the first

hog’s head and immediately the hog vocalized as

it moved backwards while waving it’s head side to

side as to be in pain. The establishment’s

employee immediately re-applied the electrical

prongs to the head of the first hog and effectively

stunned it. Afterwards, I observed the employee

effectively stun the other two hogs inside the

restrainer at the time. I informed both Owners

(John Simov) and (Peter Simov) of my

observations as well as having a discussion with

the establishment’s Stunning Employee along

with another establishment’s employee for

translation. The establishment’s Stunning

Employee stated before the four of us

(Mohammed, Peter Simov, John Simov and 

 that “he had to stun the first hog twice”. 

The plant failed to comply with 9 CFR 313.2(f)

Stunning methods approved in 313.30 shall be

effectively applied to animals prior to their being

shackled, hoisted, thrown, cast, or cut. 

313.30(a)(1) The electric current shall be

administered so as to produce, at a minimum,

surgical anesthesia, i.e., a state where the animal

feels no painful sensation. The animals shall be

either stunned or killed before they are shackled,

hoisted, thrown, cast, or cut. They shall be

exposed to the electric current in a way that will

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 47

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

accomplish the desired result quickly and

effectively, with a minimum of excitement and

discomfort. 313.30(a)(3) The quality and location

of the electrical shock shall be such as to produce

immediate insensibility to pain in the exposed

animal.

M20263 Halal Farms

U.S.A. Inc.

MWN4

712075

116N-1

07/16/2018 07/16/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III Water and feed availability 

At approximately 1120 at your establishment

20263 in Shannon IL I observed the following

noncompliance. I was checking the livestock in the

pens. It was . There were 10 lambs on

the unloading docks. They had no water available.

I entered the barn I observed that the gate

between pen four and five was closed and latched.

There were no livestock in pen 4. All were in pen

five, approximately 60 in the pen. There was no

water available. I took regulatory control action

and found and

showed and told him about the noncompliance. I

observed give all the livestock water

including the livestock that already had water in

the other pens. I informed that an NR would

be forthcoming. Your establishment has failed to

comply with Regulation (CFR 313.2(e) Animals

shall have access to water in all holding pens and,

if held than 24 hours, access to feed. There shall

be sufficient room in the holding pen for animals

held overnight to lie down.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 48

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ342

208230

1N-1

08/01/2018 08/01/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water and Feed Availability  

At approximately 2214 hours while performing

humane handling verification activities for HATS

Category III Water and Feed Availability, the

following non-compliance was observed.   While

walking past pen 821 to take the ramp down to

pens 321/323, I observed the water tank drain

plug/filter apparatus sitting atop the south

cement wall ledge. This drain plug/filter apparatus

when correctly placed in the water tank regulates

water outflow of the water tank. When I looked

into the associated water tank that is situated

directly up next to the south wall of this pen,

there was no drain plug to prevent water from

exiting the tank. The water tank contained less

than 1⁄4 inch of water. While water was running

into the tank from the input spout, it was

immediately draining out of the tank through the

unplugged drain in the bottom of the tank. The

water input spout is placed in the farthest

southeast corner of the tank and is not readily

accessible for water access as the sole source of

water without a holding tank. I noted that this

pen contained approximately 260 head of market

hogs. I informed 

of my findings and of the forthcoming

non-compliance record. Immediate corrective

actions were to properly replace the plug/filter.

This allowed for immediate filling of the water

tank. This is non-compliant with 9 CFR 313.2(e)

in part as “animals shall have access to water in all

holding pens..."

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 49

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M253 Long Prairie

Packing

Company, LLC

AGL431

709201

0N-1

09/08/2018 09/08/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 08:00 hours on 9/8/2018, while

out in the barn performing humane handling

verification task HATS Category IV-  Handling

During Ante-mortem Inspection, I observed the

following non-compliance for HATS Task Category

VIII- stunning effectiveness: a non-ambulatory

Holstein cow remained in the pen after all other

cattle were removed. An establishment employee

then attempted to render the animal unconscious

using a .410 caliber shotgun with slug. I stepped

back to a nearby safe location. I heard the initial

shot and noticed further commotion. I stepped

towards the animal and establishment employee

to witness the animal using its front legs to

attempt to rise, indicating consciousness. No

vocalization was made, but the animal remained

sternal and appeared to be aware of its

surroundings. The animal also had blood dripping

from its nose, which had not previously been

there. The establishment employee immediately

reloaded the gun and made a second attempt to

render the animal unconscious. This attempt was

successful. A security stun was made on the

unconscious animal. I informed 

 and 

 of the forthcoming noncompliance record

for failure to meet regulation 9 CFR 313.16(a)(1).

The initial attempt was discussed with 

and verbal preventative measures were

provided. I later viewed the head of the dead cow

to verify that indeed 3 bullet holes were present in

the skin and skull, one wound was in the

forehead, slightly below and to the right of center,

a second wound was behind the poll and a third

wound was made in the temple.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 50

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2439+P2

439+V2439

Ranchland

Packing Co.

WHN58

180705

17N-1

07/17/2018 07/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATs Category VIII: “Stunning Effectiveness” On

July 17, 2018 at approximately 3:45 p.m., in the

alleyway leading to the knock box, the online food

inspector observed a plant employee shoot a sow

with a 12 Gauge shot gun between the eyes. The

sow was standing and started to squeal.  The plant

employee did not have another shell and retrieved

the backup .410 shotgun from the knock box

area.  The employee shot the sow with the .410

shotgun approximately 10-15 seconds after the

first shot, rendering the animal unconscious.  The

FI tagged the knock with U.S. Reject tag number

B18943706.  This is non-compliant with 9CFR

313.16(a)(1).  Plant Manager, Justin Fisher was

notified of this non-compliance record verbally

and in writing with the issuance of this NR.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 51

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2460+P2

460

Cimpl's, Inc. PMB47

090823

28N-1

08/28/2018 08/28/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 6:25 a.m., while performing

HATS Category IV, Ante-mortem and verifying

HATS Category VIII, Stunning Effectiveness, I 

along with the establishment’s

 and Barn Employee observed two

Holstein cows remaining in Pen 14 after the other

13 cows had been moved for ante-mortem

inspection.  The establishment used rattle paddles

and hot shot devices on both animals but neither

animal would stand and ambulate when paddled

or prodded.  The establishment restrained the

head of the first Holstein and applied a stun using

the 20 gauge firearm.  After the first stun, the

animal remained conscious; rocked back on its

side and then began to right itself.  The animal

was rhythmically breathing and had a positive

palpebral reflex. I stated “This animal is still

conscious and needs to be re-stunned”.  A second

immediate stun applied with the handheld captive

bolt was effective at rendering the animal

unconscious.  U.S. Reject tag # B38161942 was

applied to the stunning area and stunning devices.

I notified of the non-compliance as

he was in the immediate area.  After receiving

verbal preventative measures from Mr. Nik

Harkias (Plant Manager), the U.S. Reject tag was

removed and slaughter operations resumed.

CLOSED

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 52

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2460+P2

460

Cimpl's, Inc. PMB54

080821

31N-1

08/31/2018 08/31/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0750 hours, while performing

HATS task II Truck Unloading, I 

observed the following: While the company was

unloading the upper deck of a semi-trailer, a

mature Angus cow backed down the ramp, when

she was approximately 3⁄4 of the way out of the

truck she stopped. Immediately after her a mature

Hereford cow also was backing down the ramp.

Once the Hereford felt the Angus she also

stopped. At this point several of the other cows in

the upper deck rapidly started to come down the

ramp, causing a jam at the trailer doorway. The

first cow (Angus) finally backed the rest of the way

down the unloading chute onto the scale, once

she was out of the way the cows on the ramp of

the truck proceeded to push down the ramp and

knocked the Hereford down. Her right rear leg

slipped out the side of the unloading chute and

became entrapped. Several of the remaining

animals on the truck jumped over the downed

Hereford and proceeded to the scale area. Once

the other cows had either got past the Hereford or

stopped coming down the ramp she was able to

free her leg, stand and ambulate on her own

power. Truck unloading was stopped at this point

and U.S. Reject Tag #B38161936 was placed on

the alleyway leading to the stunning area at

approximately 0805 hours. I notified Nik Harkias

(Vice-President of Operations) of the

noncompliance. After verbal preventative

measures were provided I removed my U.S. Reject

tag and slaughter operations resumed.   A

concern with this unloading ramp was previously

discussed and documented at the weekly Consent

Order Verification Plan review meeting in MOI

#PMB2915085213E dated 8/13/18.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 53

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2580+P2

580+V2580

IBR Group Inc XWI161

209441

2N-1

09/11/2018 09/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

At 0934 hours on September 11, 2018 on the kill

floor at establishment M2580, while performing

HATS VIII, Stunning Effectiveness, I observed Plant

Manager Guillermo Marquez attempt to use a

captive bolt stunner to stun a steer confined in the

restrainer. Mr. Marquez’s first attempt to stun

this steer resulted in a missed stun, with no blood

on the steer’s forehead, no vocalizations, and no

changes in consciousness.  Mr. Marquez’s second

attempt with the captive bolt resulted in a head

wound to the steer, but the steer remained

conscious and standing in the restrainer. I

observed animal movements that were reactive to

Mr. Marquez’s movements. Immediately

afterwards, Mr. Marquez reached for the nearby

firearm, which is the establishment’s designated

backup stunner. I followed FSIS safety policy and

exited the room.  I heard a report or shot and

re-entered the room. I confirmed that the animal

was unconscious, with a limp tongue and

unresponsive, unblinking eyes. Mr. Marquez then

performed a security stun with the captive bolt

device. Mr. Marquez later informed me that he

had used the captive bolt successfully to perform

the effective stun on the third attempt.  Upon

examination of the animal’s skull, I observed three

holes.  One hole was above the right eye, one hole

was in the center of the forehead, and one hole

was located towards the top of the head between

those two holes. I affixed USDA Reject tag

#A5712163 to the stunner and USDA Reject tag

B39908797 to the restrainer. I informed Mr.

Marquez of the humane handling noncompliance

and that the stunner and restrainer were rejected

and slaughter operations stopped.   After verbal

preventive measures were received the US Reject

tags were removed and slaughter operations

resumed.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 54

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2580+P2

580+V2580

IBR Group Inc XWI081

109011

8N-1

09/18/2018 09/18/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water/Feed Availability- (9 CFR

313.2(e)): At 0855 hours; while performing a 30

day Humane handling verification review resulting

from a HH NOS at establishment M2580 IBR

Group Inc, I observed the following

noncompliance: there was no container or other

device to deliver drinking water to the beef steer

penned in the alley pen directly behind the knock

box, thus the beef did not have access to water;

the beef had been delivered to the facility at

approximately 0736 the same morning. I informed

Plant Manager, Guillermo Marquez at 0858 hours

of the absence of water, he said he had not

provided water and would be killing the animal

shortly. This occurrence is noncompliant with 9

CFR 313.2(e), and therefore, a noncompliance

record will be documented for this issue.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 55

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M7644+P7

644+V7644

Kota Meats

Inc.

NBO56

130830

17N-1

08/17/2018 08/17/2018 04C02 Livestock

Humane

Handling

313.1 CATEGORY II--TRUCK UNLOADING At 0830 hours

while performing the Humane Handling task in

the barn/corral area, IPP observed regulatory

noncompliance as establishment personnel

unloaded a bull from a stock trailer and into a

pen.    A metal gate which separates the barn pen

from the chute and separates itself from another

pen, was broken, and was separated in two parts

of the gate.  It also was heavily rusted throughout;

and,  in the lower portion contained  sharp,

protruding pointed edges in the metal piping .   

On this day this area was used for unloading of

the bull and the gate was closed to separate

personnel from the bull as it was being herded

into pen # 7.  IIC expressed to Alex

Adame-Establishment Owner that an NR would be

written, also conferring with  DVMS and SPHV

concerning this noncompliant equipment.   No tag

was placed do to the verbal response of the est.

and no animals being held in this area.  No animal

came into contact with the gate at the time. This

is nonegregious and is noncompliant of 313.1

livestock pens must be maintained in good repair 

and be free of sharp or protruding objects to

prevent the harm to livestock.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 56

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M85O+P17

775+V85O

Swift Pork

Company

HEM46

000810

11N-1

08/10/2018 08/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 2208 hours on 08/10/2018

while performing ante- mortem inspection (HATS

Category IV – Handling During Ante- mortem

Inspection) in the long side alley of the barn, I, 

, observed the following

non-compliance with HATS Category

VIII – Stunning Effectiveness:  Two establishment

employees were segregating slow/stress hogs

from several pens and moving them into the

alley.  I noticed the two employees had one hog

against the wall lying in a sternal position and

were in the process of euthanizing it.  The

employees were wearing their protective vests

and each had a hand-held captive bolt gun

(HHCB).  As I turned back my attention in the

direction of the holding pens I was inspecting, I

heard a loud shot followed immediately by a hog

vocalizing loudly.  I quickly turned my attention

back in the direction of the two team members

euthanizing the hog and observed the conscious

hog to be in a partially standing position with

generalized body tremors.  As I was walking

towards the animal, I observed the secondary

team member hand the back-up HHCB gun to the

primary team member who immediately placed

the gun behind the right ear and fired a shot.  The

animal immediately went down after the shot and

I verified it to be rendered unconscious.  I

requested second 

via radio and when he arrived I informed him that

based upon what I observed and what actions

were taken that I would be documenting the

incident on a non-compliance record.  We both

examined the animal's head and noted one shot

wound was directly between the eyes and the

other shot wound was behind the right ear.  

 measured the wound depth and found it to

be approximately three inches. Corrective actions

and preventative measures proffered by 

 are to have Mr.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 57

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

 from the Jarvis Corporation come

to JBS on 08/20/2018 to hold a captive bolt

training class.  In addition, on 08/13/2018 the

team member that misplaced the shot was

re-signed off on captive bolt usage and proper

placement on the animal's forehead.  A supervisor

will shadow the team member and further re-train

him on placement and hog movement until a

determination is made for him to resume his

normal duties.

M85O+P17

775+V85O

Swift Pork

Company

HEM41

000916

12N-1

09/11/2018 09/11/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 2220 hours I, 

 and 

were walking to re-check a downer in pen Local B

that at the time was sectioned off by a cross gate

(HATS Category V – Handling of Suspect and

Disabled).  There were two other hogs in the same

pen separated by a gate.  As I glanced at the two

hogs, I decided to verify they had access to water

(HATS Category III – Water and Feed Availability)

by reaching over the wall and depressing the

nipple water valves.  This is when I noticed that no

water was coming out of the valves.  I looked

around the perimeter of the pen to see if there

was any other source of water available but all of

the water pipes that feed the water basins were

turned off.  I informed that all animals

have to have access to available water at all times

and that these two hogs did not.  At this point 

noticed the valve controlling the nipple water

line was turned off.  He turned it on at 2222 hours

and I verified that water was now flowing out of

the nipple valves.  I asked to summon 

. 

When arrived I informed him of what

had transpired and that I would be generating a

non compliance record.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 58

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD481

405422

3N-1

05/22/2018 05/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On May 22, 2018 at 18:24 in the barn at Est.

244W I, , observed the

following noncompliance while performing HATS

Category VIII (Stunning Effectiveness): Two team

members and were

euthanizing via captive bolt the company

condemned Subject hogs in the Sub pen.  Sub Hog

#626 was laterally recumbent and confined within

a U-Panel.  From my vantage point behind the

shooter, I was able to see the body of the hog.  I

heard the captive bolt discharge, but the hog did

not tense up (as it would with a captive bolt stun)

and was still breathing as before the discharge.  I

immediately saw that the hand-held captive bolt

gun had been disassembled by the team member,

as if to be reloaded, but then the team member

grabbed the other team member’s loaded

hand-held captive bolt gun.  A second shot with

the back-up hand-held captive bolt gun was

immediately effective at rendering the hog

insensible.  I examined the hog and found two

entrance wounds:   one that entered centrally

between the ears near the dorsum of the head

and tracked shallowly through the skin and

subcutis, the other located two centimeters

rostrally and penetrating the skull.  I informed

 and 

 that an NR would be

forthcoming.  In response, 

 told me that the two team

members and supervisor involved will be

disciplined, and a stand down will be held with all

team members that perform captive bolt

stunning.   Failure to render an animal

immediately unconscious with the first

application of the stunner represents

noncompliance with regulation 9 CFR 313.15

(a)(1).

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 59

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD061

906492

2N-1

06/21/2018 06/21/2018 04C02 Livestock

Humane

Handling

313.5 On June 21, 2018 at approximately 21:25 at

Establishment 244W I, ,

observed the following: I was monitoring for slips

and falls (HATS category VII) at the loading area to

the North CO2 stunning system as

a group of hogs entered the area.  I heard a

popping noise and the predividing gate stopped

moving forward.  It resumed motion after a team

member pushed a button on the control panel. 

When the outer door to the opened for the

hogs to load, the gondola was already filled with

recumbent hogs; the gondola loaded on the

previous cycle had failed to descend down into

the CO2 pit.  I began to observe for signs of CO2

exposure (HATS category VIII).  Within the

gondola, I observed three hogs that were dead or

effectively stunned, and two that were blinking,

taking gasping breaths, and tracking movement

with their eyes.  Supervisors opened the side

door/wall of the loading area and ushered out the

hogs that were to be loaded.  One of these hogs

entered the gondola and had to be directed out

with flags. After four minutes, one hog in the back

of the gondola that had been sternally recumbent

propped itself up on its forelimbs.  Hogs whose

heads had moved outside the threshold of the

gondola were stunned via captive bolt gun and

removed from the area.  More than six minutes

and thirty seconds passed before the path of the

push gate was clear of hogs, and two conscious,

dyspneic hogs, as well as three that were dead or

effectively stunned, were in the gondola as the

outer gate closed. This incident represents

noncompliance with 9CFR 313.5(a)(1) and

313.5(a)(3). I instructed 

 to stop stunning in the North

.  At approximately 22:45 I informed 

 of the U.S.

Rejected Tag NO.B41932069 I hung across the

alley to the north .  

CLOSED

(b)(6)

(b)(6) (b)(6)

(b)(6) (b)(4) (b)(4) (b)(4) (b)(4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 60

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

informed Plant Manager Mr. Tom Hart and

that this incident would be

documented on an NR. I removed the Rejected

Tag at 23:40 after verbal preventive measures

were provided by .

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 61

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD240

708300

2N-1

08/01/2018 08/01/2018 04C02 Livestock

Humane

Handling

313.1, 313.2,

313.5

On August 1, 2018 at Est. 244W at approximately

9:50, I ) observed the

following: I was standing near the inside of the

south predividing gate monitoring for slips

and falls (HATS category VII) when I heard a hog

continuously vocalizing across the room.  I walked

to the north predividing gate, and the team

member across the alleyway and at the 

entrance were in place and gestured to the

vocalizing hog, which had its right forelimb raised

with its foot wedged into the partially opened

cross gate (which moves horizontally across the

alleyway); it was unable to free itself.  I reached

over the wall into the alleyway and tried to pull

the foot out, but was unable to release it, so I

waved to a team member across the room (near

the south predividing gate) to alert 

 I looked around for another

supervisor and then waved again before

 started to head in the direction

of the incident.  When he observed what was

happening, he tried to get the gate to move with

the hand controls, which was unsuccessful.  At

this point 

arrived and called for someone to quickly

get the captive bolt guns.  went into

the alleyway and pulled back on the gate,

releasing enough pressure that I was able to

remove the entrapped foot and free the hog.  The

hog was vocalizing the entire time that it was

caught, a duration of approximately 1 min 30 sec.

 After release, the hog was toe-touch lame on that

limb, and there was a visible indentation on the

dorsal aspect of the foot above the claw.  The hog

walked up the alleyway and was loaded into the

.  This incident represents noncompliance

with 9 CFR 313.1(a), 313.2(a), 313.5(a)(2), and

313.5(b)(2). I informed that

an NR would be forthcoming.

CLOSED

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6) (b)(6) (b)(4) (b)(4) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 62

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD400

108141

1N-1

08/10/2018 08/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On August 10, 2018 at approximately 1841 hours,

while performing HATS task Category VIII,

Stunning Effectiveness in the barn, I,

., observed the following

noncompliance: A team member and

 and

 had 

restrained subject hog #538 with folding panels. 

The team member placed a loaded

hand-held captive bolt gun against the hog’s

forehead and attempted to stun the hog.  The gun

fired with a normal sound and the stun attempt

was ineffective as the hog vocalized and was still

conscious.   was standing close by with

another loaded hand-held captive bolt gun and

immediately delivered an effective

re-stun resulting in an unconscious hog. 

 immediately called for all

hand-held captive bolt stunning to be suspended

until a preventive measure could be put into

place. Later, 

, and met with

 and .  A

verbal preventive measure was received and

hand-held captive bolt stunning resumed. 

Upon further investigation, it was determined by

 that the initial captive bolt gun

wound was positioned about 1 and 1⁄2 inches

caudo-dorsal to the left eye and nearly in line with

the medial canthus of the eye.  When probed, the

wound tract extended not to the brain, but into

the orbit of the left eye in the retro-bulbar space

where the nerves and muscles of the eye reside. 

The first captive bolt wound was located 3/4 inch

lateral to the effective second captive bolt wound.

 was notified the establishment

failed to meet the requirements of regulation 9

CFR 313.15(a)(1) which requires rendering an

animal immediately unconscious on the first

CLOSED

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 63

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

application of stunning and that an NR would be

documented. This noncompliance is similar to the

noncompliance recorded by for an

incident occurring on May 22, 2018 that also

involved an ineffective stun due to improper

positioning of a captive bolt gun on a hog's

forehead.  Therefore, this NR is association with

NR BTD4814054223N/1.  The preventive

measures proffered for that NR were either not

implemented or failed to be effective in

preventing a recurrence.

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 64

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD001

508221

7N-1

08/17/2018 08/17/2018 04C02 Livestock

Humane

Handling

313.5 On August 17, 2018 at approximately 06:45

hours, while evaluating HATS category VI, Electric

Prod/Alternative Object Use, I 

 observed the following humane handling

noncompliance. I was speaking with 

 when I heard a hog vocalizing with

multiple, very loud, high pitched squeals from

within the North drive alley. I turned

around to look through the square east viewpoint

into the drive alley and observed a hog

standing along the gate with its head facing north

and the tip of the left rear foot was trapped

underneath the Pre-dividing gate (PDG) as the

gate was moving towards the entrance.

The foot was bent sideways, causing the medial

surface to make contact with the floor. The hog

was standing and moving on the three other feet

while the left rear leg was held at an unnatural

angle as the foot was being pushed. The gate

moved approximately 2/3 of the distance of the

walkway until it was stopped by the team

member. The hog turned and walked away from

the gate to join the rest of the group. I notified

 and 

that I was placing U.S. Reject tag No B35830524

on the PDG, effectively rejecting the entrance to

the North . informed Plant

Manager Tom Hart that the incident would be

documented in an NR. Mr. Hart presented a verbal

preventive measure and the reject tag was

removed at 08:05. This incident represents a

noncompliance with 9 CRF 313.5(a)(2) and

313.5(b)(2). This NR is associated with record No

BTD2407083002N on Aug 1, 2018, which involved

an animal’s foot becoming wedged in the moving

single dividing gate. The preventative measures

given were not either implemented or failed to be

effective in preventing further catching or trapping

of a hog’s foot in an automated gate.

OPEN

(b)(6) (b)(6)

(b)(6) (b)(6) (b)(6) (b)(4) (b)(4) (b)(4) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 65

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M245L+P2

45L

Tyson Fresh

Meats, Inc

LEI2011

055419

N-1

05/19/2018 05/19/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV – Handling during Ante mortem

inspection At approximately 0600 hours this

morning I went to the yards office to change coats

as it was raining heavily.  I returned to the main

alley to resume ante-mortem inspection at 0610

hours.  There were approximately 80 head of

cattle in the main alley ahead of where we were

performing inspection.  The employee’s moving

these cattle would approach the group and cut

approximately 15 head out to be moved to the

single file drive alley. The employees were utilizing

“flags” and would flag repeatedly until they were

able to get the desired amount of cattle headed to

the single file alley.  At 0613 hours I noted that

when they were flagging, some of the cattle at the

far end (closest to my position) were jumping in

an attempt to flee the flagging.  I noted that two

head of cattle went down along the gate closest

to my position and were unable to rise because

the cattle were packed in around them.  The two

employees performing ante-mortem and I walked

to the gate and the cattle moved away from the

gate and the two animals were able to rise with

no apparent injuries.  The two employees that

were flagging and moving the cattle were

unaware that the two head had gone down.  I

then told the employees not to move any more

cattle until I talked to a supervisor.  Since there

was no supervisor in the yards this morning, the

yards employee in charge called 

 who arrived in approximately three

minutes.  I explained to what I had

observed, that I would be issuing an NR, and

advised him that I needed preventive measures

before allowing operations to resume.  

told me that he would have a meeting with all

personnel pulling cattle from the pens.  He further

advised me that he would instruct them to pull

smaller amounts of cattle at a time, and to only

allow 20-25 head to be a group in the main alley

CLOSED

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 66

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

at a time.  I accepted these preventive measures

and allowed operations to resume at

approximately 0625 hours.

M245L+P2

45L

Tyson Fresh

Meats, Inc

LEI5407

091917

N-1

09/15/2018 09/15/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category III- Water and Feed Availability At

approximately 0345 hours while performing odd

hour inspection the following non-compliance was

observed.  I was checking the pens to verify that

all cattle present had water available and that the

pen stocking density was adequate to allow all

animals to lie down.  When I came to Pen 49, I

observed 9 animals standing and the balance of

the pen to be lying in sternal recumbency.  The

animals lying down completely covered the floor

of the pen and the animals standing could not

move in any direction.  I then went to the yards

office and looked at the slaughter line-up sheet. 

This sheet showed (as well as the pen card) that

there were 38 head of cattle in Pen 49.  I then

looked at the pen diagram which hangs in the

office which indicated a maximum of 37 head of

cattle for Pen 49 during the nighttime.  I advised

 of the failure to

meet the requirements of 9 CFR 313.2(e) as the

animals did not have access to water by being

penned so densely, nor did they have adequate

room to lie down.  then moved 10

head of the cattle from Pen 49 to Pen 37 which

was empty.  The chart in the office showed Pen 49

to have approximately 900 square feet of space. 

After the pen was emptied, 

measured the pen and found it to be

approximately 620 square feet in area.  The cattle

occupying Pen 49 had an average live weight of

1,382 pounds.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 67

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M889A+V8

89

J.F. O'Neill

Packing Co.

Inc.

DSC381

109522

7N-1

09/27/2018 09/27/2018 04C02 Livestock

Humane

Handling

313.1 Category IV – Handling During Ante-Mortem

Inspection Shortly after 0900 on Thursday,

09/27/2018, when I, , entered

the barn area to perform Ante-Mortem Inspection,

I observed the following.  Pen 5/6 appeared to

have more animals than normal, including animals

in the small alley leading from the pen to the

upstairs area.  All of the cattle were standing, and

some had their heads over the water trough and

into Pen 4.  The space was insufficient to allow

any of the animals to lie down.  After I requested

the presence of ,

who observed the lack of room, we counted the

animals in Pen 5/6 (51 head) and Pen 7/8 (nine

head).  The pen cards indicated 30 head were to

be in each pen.  The establishment initiated

corrective actions of sorting the animals into

smaller groups and moved them to the upstairs

area.  I advised that I would be writing a

noncompliance record.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 68

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M889A+V8

89

J.F. O'Neill

Packing Co.

Inc.

DSC421

009492

8N-1

09/28/2018 09/28/2018 04C02 Livestock

Humane

Handling

313.1 Category IV Ante-Mortem Inspection At

approximately 0825 on 09/28/2018, as I 

 was watching cattle being moved

from Pen 7/8 to the upstairs area of the barn, I

observed the following.  Four animals tried to fit

through the exit door of Pen 7/8 which was too

narrow for all of them.  As they scrambled and

sorted themselves through, the plywood on the

outside of the pen was hit and swung outward,

thereby appearing noticeably loose.  After the pen

was empty I examined the boards and found them

to be no longer attached to the lower inside pen

rails.  Moreover, there was an approximately five

inch section on the outside of the pen's cement

footing that was covered with black hair,

indicating at least one leg had been caught by the

board and cement at some time in the recent

past.  I re-inspected the cattle who came from the

pen, but did not ascertain any injuries in the

present group.  I  then requested the presence of

 who admitted the

further potential for injury.  stated he

would have the boards replaced and/or repaired,

but until that occurs Pen 7/8 has USDA Rejected

tag No B-45200515 applied.  At that time, I

advised that a noncompliance record

would be generated.

CLOSED

(b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 69

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M969G Swift Beef

Company

NDH37

190809

14N-1

08/14/2018 08/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 1717 hours, while observing

HATS Category VIII, Stunning Effectiveness, at the

restrainer, observed the

following non-compliance: I observed an

establishment employee use the pneumatic

captive bolt device to stun a beef cow in the

restrainer.  The animal was still conscious after the

first stun attempt as it did not lose posture and

was moving its head looking around at the

stunner.  The second establishment employee

immediately and effectively stunned the animal

on the second attempt with a pre-loaded

hand-held captive bolt device resulting in

unconsciousness.  

, requested that the stunner

discontinue slaughter until he could assess the

situation.  After review of the head with the

stunning employee and verbal preventive

measures were given, slaughter continued.  Once

the head was skinned, two distinct stun wounds

were visible on the frontal bone.  One wound was

approximately two to three centimeters above the

intersection of two lines drawn from the top of

the eye to the base of the horn on the opposite

side.  The second wound was approximately five

to six centimeters to the left of the first wound

above the left eye.  and 

, were

verbally notified of the forthcoming

non-compliance record with the regulation 9 CFR

313.15(a)(1).

CLOSED

(b)(6)

(b)(6)

(b)(6)(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 70

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4653A+P

4653A+V4

653A

Agri Star Meat

and Poultry,

LLC

HRJ211

608022

7N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII: Stunning Effectiveness At

approximately 10:39am I witnessed the following

noncompliance. After receiving the ritual cut a

steer was released from the restrainer and slid to

the bottom of the bleed pit, where it immediately

stood up and walked several steps and turned

around within the pit. The animal then slipped to

the floor, but remained conscious; in sternal

recumbency with its head raised and moving

around, and forcing air through its trachea (due to

the ritual cut no vocalization could be heard). An

establishment employee used a long handled

cartridge driven captive bolt device to apply a

stun. After the stun was applied a visible wound

was present approximately two inches left of

center over the eye and the animal remained

conscious in sternal recumbency with its head

raised and moving around. A firearm was retrieved

and a second stun was applied. Unconsciousness

was confirmed.  As this was the last animal

slaughtered before the lunch break a U. S. reject

tag was not applied. I notified the box operator of

the noncompliance.  After informing 

, that an NR

would be forthcoming and receiving from him

verbal corrective actions and preventative

measures, I removed regulatory control action and

slaughter was allowed to resume.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 71

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M5650+P5

650+V5650

Custom Pack

Inc.

JWC361

306431

3N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 0730 hours, while observing

HATS Category VIII, Stunning Effectiveness,

and myself, 

, observed the following noncompliance:

On the second beef of the day, we observed an

establishment employee use a Blitz captive bolt

stunning device to stun a beef heifer in the

restrainer. The heifer was still conscious after the

first stun attempt as it remained standing without

any vocalization. The employee picked up one of

the two pre-loaded back-up captive bolt devices

available at the restrainer and within 10 seconds

effectively rendered the animal unconscious on

the second attempt. Due to the design of the

restrainer box, a wound on the head was not

visible until an examination could be performed

on the head rack, which showed two penetrating

wounds in the skull on the midline of the forehead

approximately 2-3 inches apart (dorsal-ventral). In

my judgement this appeared to be a

noncompliance rather than an egregious act. A US

Reject tag was not applied, however an acceptable

verbal preventive measure was provided by the

establishment before the next animal was

stunned. In the future the employee will be

retrained on proper knocking procedures, and in

addition, the employee was instructed to take as

much time as needed to make a proper knock.

David Dirks, Establishment Owner was verbally

notified of the forthcoming noncompliance with

the regulation 9 CFR 313.15(a) (1).

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 72

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20863 JNB, Inc. PNA501

209541

4N-1

09/14/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 6:49am hours on September 14,

2018, while performing a directed humane

handling verification at EST. 20863 INC., I 

, and the establishment

manager observed the following humane handling

non-compliance: While observing effective

stunning category (HATS VIII) a sow was placed

into the restrainer in a standing position, using the

modified panels to minimize movement. The

employee angled the hand-held captive bolt

device approximately four inches away from the

forehead and engaged the device, producing a

louder than normal sound. The hog vocalized and

backed away, moving its head inwards and from

side to side. A mark from the captive bolt was left

on the head.  Surrounding employees looked at

me, and the establishment manager.  I

then had to instruct someone to render the still

vocalizing sow unconscious.  used

the back-up stunning device, a 22 magnum rifle,

and applied an effective stunning blow that

resulted in unconsciousness in the animal. At that

point I took a regulatory control action and

instructed the CSI to apply US Reject Tag

#B28936208 on the door to the restrainer box.  I

then informed and establishment

owner/manager that slaughter

operations would be suspended until further

notice and the District Office would be contacted

for further guidance into the matter.  Upon

examining the head post mortem, I appreciated

the captive bolt attempt had penetrated the right

nasal sinus of the sow.  The magnum rifle bullet

penetrated the brain. This is a failure to comply

with rendering an animal unconscious

immediately on the first attempt

(9CFR313.15(a)(1)).

CLOSED

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 73

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M278+V27

8

Tyson Fresh

Meats, Inc.

JKJ2016

091321

N-1

09/21/2018 09/21/2018 04C02 Livestock

Humane

Handling

313.1 On Friday September 21, 2018, at approximately

0545 hours, I, , was

performing ante-mortem inspection, when I

observed the following noncompliance.  A steer

located in the drive alley passed its head between

the second and third round metal pole rungs in

the back gate of pen 16 and became head

locked. The establishment recognized the issue,

notified me, followed their protocol and

euthanized the animal quickly with a minimum of

excitement.  The animal had no apparent injuries

at the time it was humanely euthanized and there

was no visible damage to the gate. However, that

the gate was constructed in such a way that the

animal was able to become entrapped is

noncompliant with regulation 9CFR 313.1(a).   I

notified 

and 

that I would be issuing a noncompliance

record (NR).  USDA Retain/Reject tag

B28556258 was applied to the gate following the

incident.   The reject tag was removed at 1345

hours when the establishment applied temporary

preventative measures to block the center

opening.

CLOSED

(b)(6)

(b)(6)(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 74

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M320M+V

320

Smithfield

Fresh Meats

Corp.

VWK48

090509

29N-1

05/25/2018 05/25/2018 04C02 Livestock

Humane

Handling

313.2 On 5/25/2018, at 9:20 AM, I was walking through

the barns in order to perform Ante-Mortem

Inspection. An establishment employee was

driving hogs to the south using a rattle

paddle and a hard plastic sort board. When

attempting to sort one additional hog he

exhibited poor placement and attempted the use

the rattle paddle on the top of one hog’s head. I

advised the employee that objects were not

allowed to be used on the head and continued to

observe him. He drove the same hog to the south

 sliding gate where it became stuck and

unable to move forward due to the other hogs in

the chute. The employee placed his sort board

against the hog’s hind end and used his foot to

repeatedly kick the sort board instead of pushing

on it in an attempt to move the hog out of the

way of the gate. The hog did not vocalize or move

in response to the kicking against the sort board.

This is a noncompliance with 9 CFR 313.2(b). I

immediately initiated a regulatory control action

to stop this employee before his driving aid abuse

could escalate to a more serious violation.  I

immediately notified 

, of the incident at 9:25 AM and

informed him that I would be issuing a

noncompliance record after contacting the District

Veterinary Medical Specialist for review.

CLOSED

(b)(6)

(b)(4) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 75

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2936+P2

936+V2936

Winter Meat,

Incorporated

XOB550

707193

1N-1

07/31/2018 07/31/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII- Stunning 

Today,Tuesday,7/31/18, at approximately 0730,

while performing the Livestock Humane Handling

task, I, , observed a swine stunned

with the captive bolt gun. The hog went down and

appeared to be stunned, however there was still

eye movement and blinking. The animal was

immediately restunned and rendered

insensible.The animal showed no signs of pain or

vocalization between the stunning attempts. This

establishment does have a Robust Systematic

Approach program. There have not been any such

NRs in the last 90 days to be linked to. I informed

 both verbally and in writing of their

failure to meet the  regulatory requirements of

the Meat and Poultry Regulations in 9CFR

131.15(a)(1)

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 76

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8699+P8

699+V8699

Wright City

Meat

Company, Inc.

DTB411

307481

7N-1

07/10/2018 07/10/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

On July 10, 2018, at approximately 0910, the

employee designated as the stunner attempted to

render a market hog unconscious, by use of

electrical stunning. The employee made the

first application of the stun, however, the animal

flinched as the button was engaged and the hog

fell away from the stun wand and into the gate

and made a loud vocalization; the animal did not

become unconscious from the first attempt,

the market hog fell to the floor but was not

rendered unconscious from the first attempt. The

stunner/designated

employee immediately applied a second stun

behind the ears and then applied a thoracic stun

to render the animal insensitive and in an

unconscious state, the employee stuck the hog

within seconds of the third stun application. With

the initial stun attempt not being completely

effective this establishment failed to meet 9 CFR

313.30(a)(1) The electric current shall be

administered so as to produce, at a minimum,

surgical anesthesia, i.e., a state where the animal

feel no painful sensation. The animals shall be

either stunned or killed before they are shackled,

hoisted, thrown, cast, or cut. They shall be

exposed to the electric current in a way that will

accomplish the desired result quickly and

effectively, with a minimum of excitement and

discomfort.and 9 CFR 313.30(s)(3) The quality and

location of the electrical shock  shall be such as to

produce immediate insensibility to pain in the

exposed animal. and 

 were verbally notified of this

noncompliance and  in writing

upon receipt of this Noncompliance Record. Upon

review of the last ninety days it has been

determined that there is no linkage to another NR

for the same root cause nor a trend being

established.

CLOSED

(b)(6)(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 77

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M86E Cargill Meat

Solutions

Corporation

UHM08

110953

20N-1

09/20/2018 09/20/2018 04C02 Livestock

Humane

Handling

313.1 Regulation: 313.1 HATS Category IV - Handling

during Ante-Mortem Inspection At

approximately 0705 hours on Thursday,

September 20, 2018, while performing

ante-mortem inspection, I, , observed the

following non-egregious human handling

noncompliance involving beef slaughter facilities: 

An area on the swinging door before the knock

box in between the secondary and primary

single-file serpentine alleys had a 4” long torn and

sharp edge of metal protruding 2” into the alley.

The metal contacted the steers at approximately

the level of their right shoulder to mid flank;

animal injury was a potential. I immediately

rejected the serpentine leading up to the sharp

metal edge with US Reject tag # B36248186 and

informed and

 of the regulatory

non-compliance. I maintained control of the area,

by my physical presence, while the establishment

made immediate corrective actions. The corrective

actions included removal of the remaining steers

in the serpentine, diversion of all animals to the

secondary serpentine alley, which I visually

verified had no sharp protrusions, and

maintenance to remove the exposed metal. The

metal was observed to be smoothed and

regulatory control was relinquished for alley use

at 0920 hours. Plant management was notified

verbally and with this NR of the need for effective

and corrective measures, including maintenance

of facilities in good repair to prevent animal

injury. 9 CFR section 313.1 states: (a) 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

the inspector, cause injury or pain to the animals.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 78

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M337+V33

7

STX Beef

Company

UNG23

170618

08N-1

06/08/2018 06/08/2018 04C02 Livestock

Humane

Handling

313.1 On Friday June 8, 2018 at approximately 1030

hours a heifer was observed inside the unloading

north side pen with a portion of her leg stuck

within one of the side panels of the pen’s metal

fencing.  Two truck drivers and two of the cattle

pen personnel had been attempting to remove the

heifer’s leg from the panels which began to bleed. 

The animal was rendered unconscious with a hand

knocker and the men continued to attempt to

remove the leg from the panel.  The north side

unloading dock was tagged with U.S.

Rejected/U.S. Retained tag No.B40627484 and

maintenance personnel were instructed to have

the fence panels repaired.  

was informed of the

forthcoming noncompliance documentation.  This

violates regulation 9 CFR 313.1(a).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 79

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M337+V33

7

STX Beef

Company

UNG08

170819

08N-1

08/08/2018 08/08/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0730 while performing Humane

Handling of animals task part 3, water and feed

availability  the following noncompliance was

found. Inspection personnel noted that all 13

available pens at Est. 337 had cattle in them with

no other available pens for incoming cattle. It was

also noted that 2 trucks had been unloaded and

cattle was waiting at the loading dock for pens to

become available. The cattle had been there for

approximately 15 minutes and had no access to

water. No Supervision was available at the time

and only one plant employee was present working

in the pens. Inspection personnel was not able to

talk to a member of management until 0800 to let

them know that as per regulatory requirements, if

the loading docks are to be used for holding in

coming cattle, they must have access to water. By

this time the cattle had been on the loading docks

for approximately 45 minutes with no access to

water. was shown

and informed of the noncompliance. 9 CFR 312.e)

had been discussed with plant management

during the weekly meeting on 08-03-2018 This

is a failure to comply with 9 CFR 312. e)

OPEN

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 80

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M13324 K & C Meat

Processing

WGG07

130904

07N-1

09/05/2018 09/07/2018 04C02 Livestock

Humane

Handling

313.1 On 09-05-2018 at approximately 1445 hours, I

was performing the HATS category 1, Inclement

Weather (Ante Mortem). Upon performing ante

mortem the following no noncompliance were

noted: There were 5 Suspects Hogs in the pen

lying directly in the sunlight and not in a shaded

area. Due to the weather temperature ranging in

the upper 100’s for the day, with the assistant of

two establishment employees, I took the

temperature of the 5 suspects hogs and they

were: (1) 

 came to the area and I

verbally notified him of the temperatures

 started corrective action immediately.

Upon verifying that corrective action was

performed I retook the temperature of two of the

suspect hogs with the highest temp of

 I

verbally notified of this noncompliance

that would be written. This is noncompliant with

9 CFR 313.1(c), which states: U.S. Suspects (as

defined in 301.2(xxx)) and dying, diseased, and

disabled livestock (as defined in 301.2(y), which

says that Livestock which has or displays

symptoms of having any of the following: (2)

Abnormal temperature (high or low); shall be

provided with a covered pen sufficient, in the

opinion of the inspector, to protect them from the

adverse climatic conditions of the locale while

awaiting disposition by the inspector. 

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(4) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 81

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI180

805111

8N-1

05/18/2018 05/18/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category III  Water and Feed Availability At

approximately 0715 hours, May 18, 2018,

 observed the following while

performing ante-mortem inspection task:  The

unloading pen connected to the driving alley has

approximately 35 heads of cattle with no access

to water. There are 2 half-drums utilized for

drinking water in the unloading pen but are both

empty.  Apparently, the aforementioned group of

cattle were unloaded before 0645 hours of May

18, 2018.  This is non-compliance of

9CFR313.2 (e) Animals shall have access to water

in all holding pens.  The aforementioned

inhumane handling incident is considered

non-egregious because the condition did not

result in severe harm to the animals. Plant

Manager Kelsey Lloyd is notified accordingly.  She

promptly drove the 35 heads of cattle to the

adjacent pen, outside official premises.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 82

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI221

105572

1N-1

05/21/2018 05/21/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III  Water and Feed Availability At

approximately 1045 hours, May 21, 2018, 

observed the following while

checking water and feed availability on livestock

humane handling task:  Holding pen no. 2 housing

approximately 25 heads of cattle and holding pen

no. 3 housing approximately 15 heads of cattle

have no access to feed. The left over hay from the

round bale in front of their holding pens are

beyond their reach. The aforementioned animals

are held in the holding pens longer than 72 hours

already. This is non-compliance of 9CFR313.2 (e)

which requires animals in all holding pens if held

longer than 24 hours, access to feed. The

aforementioned inhumane handling incident is

considered non-egregious because the condition

did not result in severe harm to the animals. 

Plant Manager Kelsey Lloyd is notified

accordingly.  She claimed to have fed  the

aforementioned animals earlier in the morning. 

She promptly forked the inaccessible hay and

make them accessible to the aforementioned

animals.

CLOSED

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI351

008481

5N-1

08/15/2018 08/15/2018 04C02 Livestock

Humane

Handling

313.2 On 08/15/18 while conducting ante mortem

inspection in the ante mortem pens, 

and I encountered the following humane

handling noncompliance:  no access to feed in all

3 ante mortem pens.  While there was a roll of

hay set outside of each pen, the hay was not close

enough for the cattle to reach it through the bars

of the pens. These cattle have all been on the

premises for more than 24 hours.  All animals

that  have been at the facility for more than 24

hours,  must have continuous access to feed.  I

notified Kelsey Lloyd, plant manager, of our

finding and advised her that I would be writing an

NR.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 83

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M19478 ABF Packing,

Inc.

AMH47

170739

19N-1

07/19/2018 07/19/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Category V - Suspect and Disabled (9 CFR 313.1

and 313.2): Category IV - Ante-mortem

Inspection (9 CFR 313.1 and 313.2): Today, at

1323, I, , performed ante

mortem on 13 head of cattle.  At that time, I

observed the plant crowd pen was overfilled with

11 head of cattle, and one 300 lb calf was flat on

the ground, with a cow standing over the calf’s

neck.  The pen was full to the point that no cattle

could  turn around or  move away from the

downed calf.  I observed the gate entrance to the

knock alley was closed. I notified two employees

at the knock box to open the crowd pen gate. 

After the gate was opened, I observed several

head of cattle step on the downed calf.  When the

cattle moved away from the downed calf, the calf

was able to stand but did not put weight on the

left rear leg.  I discussed this calf with 

and and determined this calf was

disabled when moved for ante mortem and was

slow moving into the ante mortem pens at 1117

hours.  The disabled calf was not separated from

the other cattle and moved to the suspect pen,

and this created a humane handling violation.  I

observed while had the

calf moved to a squeeze area and a plant

employee successfully stunned the calf.  I

immediately informed 

and 

 of the noncompliance

retrained the livestock employees on disabled

animals and pen conditions to minimize stress and

injury to livestock.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 84

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M19478 ABF Packing,

Inc.

AMH15

180859

07N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.2 HAT ACTIVITY:  CATEGORY VII: Observation for

slips and falls. HAT ACTIVITY:  CATEGORY IV:

Handling during ante mortem inspection Today,

August 7, 2018, at approximately 1140, I, 

 observed cattle presented for ante

mortem inspection.   I watched while plant

personnel moved cattle from off premise to the

ante mortem holding pen area.  The group of

twelve cattle moved about 20 feet into the

outside or second holding pen on official

premises.  To enter the knock box, cattle move

from the second holding pen to the first holding

pen, to the holding corral and into the knock

alley. The group of twelve cattle were moving

together in one direction, at a normal walking

pace in  the second holding pentoward the first

holding pen entrance.  I observed 4 to 5 head of

the lead cattle stop moving forward, and turn

away from the far, or first holding pen entrance.

The cattle leading the group of twelve turned

around, moved away from the first holding pen

entrance, and turned into the cattle that had

followed them. I observed while the cattle leading

the group turned approximately 180 degrees and

moved back through the other cattle.  At this

point, cattle stopped moving forward. Cattle

moved away from the returning cattle, stood still

or moved in different directions, turning away

from the entrance to the first holding pen.  I

observed a cow near the middle of the group lose

footing,  slip and fall to a prone position. Several

cattle stood around this cow when she fell, and

she did not try to regain her footing. I observed a

plant employee move cattle away from the

downed cow.  He moved eleven head of cattle

through the 2nd holding pen and into the first

holding pen.  I observed the downed cow rise and

stand, and move to the first holding pen with the

other cattle.  I informed 

of the noncompliance with

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 85

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

humane handling regulations 312.2. I had

previously documented less than ideal cattle

movement through the pens in MOI as listed: 

AMH2414081903G written 08/03/2018 

AMH5117082102G written 08/02/2018 

AMH3817085402G written 08/02/2018 

AMH3416071326G written 07/26/2018 

AMH5918072719G written 07/19/2018

M19478 ABF Packing,

Inc.

AMH49

150833

15N-1

08/15/2018 08/15/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS ACTIVITY VIII:  Effective stunning   Today at

approximately 1345 hours, I, 

witnessed an ineffective stunning

during slaughter at Est. M19478. I observed the

knocking employee use a captive bolt stunner on

 beef cow number 126.  The employee placed the

captive bolt stunner on the cow’s forehead

stunner and discharged the stunner.  I noted the

cow bellowed, raised its head, and remained

standing in the knock box.  The captive bolt

stunner did not cause immediate

unconsciousness.  I observed the employee picked

up a second captive bolt stunner, loaded it with a

cartridge and immediately knocked Cow 126 in

the forehead again.  This time the cow was

successfully stunned. The employee loaded an

additional stunner and gave a security knock

behind the poll. I informed 

 of the occurrence.  had the

head skinned and we examined the head.  I

identified two bolt impressions and penetrations

through the cow’s skull.  One of the bolts

penetrated the skull in the target location. The

path of the bolt was perpendicular to the skull.

The other bolt penetration was above the target

spot by approximately 1 inch and to the right of

the target spot by approximately 1 inch. I

immediately informed of the

noncompliance.

CLOSED

(b)(6) (b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 86

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M6555+P3

4794

Fayette

Packing

Company, Inc.

WSO23

090640

13N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 08:55 hours, 

 and I observed that there were animals

being held in a livestock trailer on the official

premises without access to water.  This is in

noncompliance with 9 CFR 313.2(e).  

 was notified of the

noncompliance.

CLOSED

M8327+V8

327

Southeastern

Provision LLC

UOF401

005252

2N-1

05/22/2018 05/22/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 1115, while performing humane

handling verification procedure, I observed no

water available in the 'outside' pen.  The

aforementioned pen is located at the truck off

loading ramp in the pen area.  At the time of

observation, approximately 20 animals were

corralled in the aforementioned, outside pen.  I

contacted 

and informed him of the noncompliance. 

Additionally, I informed 

, and Plant Manager Wayne Gilberts of the

noncompliance.    made water

available to the animals.

CLOSED

M8327+V8

327

Southeastern

Provision LLC

UOF191

406380

7N-1

06/07/2018 06/07/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 1330, while performing humane

handling verification procedures, I observed metal

shards, and other sharp metal points being

contacted by a bovine animal in the livestock

pens.  The metal was part of a wall which had

become damaged.  I contacted and

informed her of the noncompliance.

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 87

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8327+V8

327

Southeastern

Provision LLC

UOF091

006561

5N-1

06/15/2018 06/15/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0930, while performing humane

handling verification activities in the pen area,

and myself observed two bovine

animals to be slaughtered in a pen. Inside the

aforementioned pen with the two bovine animals

was various construction materials (broken bucket

with shard edges, spool of wire, baling twine,

metal materials with sharp edges, insulated cooler

wall materials leaning against the wall, a metal

gate laying on the ground, various wooden boards

of different sizes, wooden pallets).  I contacted

plant management personnel James Brantley and

, and

informed them of the noncompliance.  Mr.

Brantley moved the bovines to an adjacent pen. 

One of the two bovines became entangled in

baling twine as it was walking to the adjacent

pen.  The baling twine was drug to the adjacent

pen, leaving a trail of twine, then released from

the animal's back hoof.    informed

inspection personnel the animals had been

brought by a farmer and placed in the pen

overnight.

CLOSED

M8327+V8

327

Southeastern

Provision LLC

UOF091

006561

5N-2

06/15/2018 06/15/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0945, while performing humane

handling verification at the back side of the

holding pens, I observed a goose neck trailer filled

with 14 bovine animals.  The aforementioned

gooseneck trailer and bovines had been on site

since before the start of shift (0700), today.  No

water was available to the animals on the trailer

without water for approximately 3 hours.  

joined me.  We both confirmed

the animals had not been provided water.  I

contacted

 and informed

him of the noncompliance.  

instructed the driver to back up to a pen.  

unloaded the animals to a pen (with

water).

CLOSED

(b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 88

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8327+V8

327

Southeastern

Provision LLC

UOF210

606352

1N-1

06/21/2018 06/21/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0705 while performing Humane

Handling verification procedures in the pen

adjacent to the unloading chute, I observed no

water available to the cattle.  At the time of

observation, approximately 20 head of cattle were

in the aforementioned pen with no water.  I

contacted and informed her of the

noncompliance.  provided water to the

aforementioned animals.

CLOSED

M3L Mountain

States / Rosen

LLC

SUL151

206090

4N-1

06/04/2018 06/04/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At 10:40 while unloading the top deck of a

livestock trailer, lambs were allowed to run down

the ramp.  Many of the 187 pound lambs were

jumping when they reached the bottom of the

ramp and sliding into the alleyway when landing. 

Some of the lambs were falling down after their

jump and lambs behind them were crashing into

the fallen lambs creating a pile of lambs.  I heard a

dull snap and when the pile unwound, one lamb's

left rear leg was non-weight bearing and dangling

free.  It had fractured its leg in the pile up.  A

summer intern named was manning the gate

at the bottom of the ramp but did not attempt to

control the speed of the lambs running down the

ramp.  The normal 

was in the general vicinity of the alleyway and

also did not attempt to control the rate of  egress

of the lambs off of the truck at the time of the

incident.  The rest of the truck was unloaded more

calmly by keeping lambs in the alleyway so that

the lambs leaving the ramp had nowhere to run or

jump to.  

was notified that a

Non-compliance Record would be generated.

CLOSED

(b)(6)(b)(6) (b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 89

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M267 JBS Tolleson

Inc.

ECD171

108550

1N-1

08/01/2018 08/01/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV Ante-mortem Inspection On

Friday July 27, 2018 at approximately 0630 hrs

while performing Ante Mortem Livestock

Inspection on cattle from pen 27 on the south side

I noted the following regulatory non-compliance.  

I observed one area of the south pen with

protruding rusty jagged irregular edges of metal

located from the steel electrical structure in the

pen. There were two metal bars bent outward

from their original vertical position and were now

protruding with sharp irregular rusty edges. In

addition, the north side of the pen had a gap

between the cement floor and the vertical section

of the metal framework on the north side of the

pen where the framework had worn away leaving

rusty jagged edges. Both areas could potentially

cause animal injury if the animal came in contact

with them.  I placed a U.S. Reject Tag

B36800928 on the pen and had the responsible

plant employee move the cattle to another pen.  I

showed 

my findings and informed 

 that a non-compliance record

(NR) would be issued. The establishment failed to

meet the requirement of 9 CFR 313.1(a)

“Livestock pens, driveways and ramps shall be

maintained in good repair. They shall be free from

sharp or protruding objects which may cause

injury or pain to the animals.” 

CLOSED

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 90

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M267 JBS Tolleson

Inc.

ECD131

009392

4N-1

09/22/2018 09/24/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III Ante-mortem Inspection On

Saturday September 22, 2018 at approximately

0618 hrs while performing Ante Mortem Livestock

Inspection in the Cattle Pens, I noted the following

regulatory non -compliance.  I observed two

water troughs that were empty in Pen 19 and Pen

30. There were cattle being held in both pens. I

immediately took regulatory control action and

asked the responsible employee to please remove

the cattle from both pens and place them in a pen

where water was available for the animals. I

placed two U.S. Reject Tag B36800510, and

B36800728 on the pens. I stayed in the area while

the responsible plant employee moved the cattle

to another pen.  I showed 

 my findings and informed 

 that a

non-compliance record (NR) would be issued. 

The establishment failed to meet the requirement

of 9 CFR 313.2(e) “which requires that water is

available to livestock in all holding pens.”

CLOSED

M6454+P4

896+V6454

Elizabeth

Locker Plant,

Inc.

OAF111

506142

9N-1

06/29/2018 06/29/2018 04C02 Livestock

Humane

Handling

313.2 Hats Category III – Water and Feed availability

313.2 At approximately 4:38pm I observed one

beef animal in pen #2 with no access to water.

The plastic white tub used to hold water in that

pen was empty. I verbally notified 

 and plant owner Brian Hundley of

the noncompliance. The pen was retained with

USDA tag # B23947638 added

water to the white tub in my presence. This NR

is linked to NR # OAF0616043927N issued on

4/27/18.

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 91

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M6482 York Meats UPJ171

706491

5N-1

06/13/2018 06/15/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3),

313.15(b)(2)

(i),

313.16(a)(1),

313.16(a)(3),

313.16(b)(1)

(i), 313.2(f)

On 6/13/18 at approximately 0630, I, 

, along with 

observed the following Non-compliance.  The

employee in charge of stunning, , was

using a captive bolt device to knock an adult beef. 

Upon firing the captive bolt, the animal

immediately collapsed and appeared to be

properly stunned.   checked for eye

response before leaving the knocking area,

entering the slaughter floor to open the door to

release the animal from the knock box.  At this

time, the sounds of rhythmic breathing became

evident from the still-unconscious animal.  

 then returned to the knock box to restun

the animal using a 22-gauge rifle available for the

purpose.  The animal ceased breathing for about

30 seconds, but then returned to rhythmic

breathing.  Another employee then left the

slaughter floor to get a larger rifle from the

storeroom.  The animal continued rhythmic

breathing but did not show other visible signs of a

full return to consciousness, until the other

employee returned and knocked him a third time

with the larger rifle.  This time the animal stopped

breathing and did not show any further signs of a

return to consciousness.  From the first knock to

the final shot a total time of approximately five

minutes had elapsed; the establishment does not

have an approved Robust Systematic Approach for

Humane Handling.  then

called the District Office for determination of

possible suspension.  I tagged the knock box with

Retain Tag # A 9334070 at 0638 and informed

management they were not to proceed with any

more kills until we received word from District

Office.  After consultation with Frank Gillis, DDM

and , it was determined

that, because the animal did not show evidence of

a complete return to consciousness, no

suspension would be imposed.  I informed Plant

(b)(6)

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 92

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

Manager, Lawrence Mori, Jr., of the

determination, and removed my retain tag from

the knock box at approximately 0655.  However, I

informed Mr. Mori that a noncompliance report

would be issued for failing to render the animal

fully unconscious with a single shot, and not

having an adequate back-up device available.
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 93

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ501

207231

3N-1

07/13/2018 07/13/2018 04C02 Livestock

Humane

Handling

313.30 (a)(2) On 07/13/2018 at about 1003 H, I, 

 while performing HATS category

VIII, stunning effectiveness, observed the following

non-compliance.  As I observed market pigs being

moved into the stunning holding pen, I observed

that the holding pen was full of market pigs and

the caretaker was still trying to add more pigs to

the stunning holding area.  I observed one pig try

to leap onto another pig, and there was general

commotion, as evidenced by squealing pigs.  I

went outside of the stunning area to the run-up

chute, and I observed , use

the electric prod twice on one pig.  The pig

squealed when the hot shot was applied. The pen

was too crowded for the hog to move any further. 

I immediately stopped the plant employee.  

explained to me that he was not using the prod

that much.  I took a regulatory control action and

applied tag number B38098655 to the knock box,

until such time as the establishment could provide

me corrective actions to ensure that excessive use

of the hot shot did not occur in the future.  At

1040H, I communicated to 

 that Mr. Lau had given me the

following corrective action: 1. The electric prod

will be removed from the area. 2. 

, will monitor the movement of

animals to holding pen. 3. ,

will be retrained. I conveyed this to and

as I deemed the corrective action was acceptable,

he concurred that the corrective actions were

appropriate and I removed the tag at 1045H.  Mr.

Lau was advised that a noncompliance will be

issued, as the establishment failed to move the

animals using a prod device with a minimal

amount of excitement in accordance with 9 CFR

313.2(b).

(b)(6)

CLOSED

(b)(6) (b)(6)

(b)(6)(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 94

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ281

307171

7N-1

07/16/2018 07/16/2018 04C02 Livestock

Humane

Handling

313.2 On 7/16 18 at approximately 1215 hours, while I 

 was inspecting the  ante mortem

Inspection pens  along with  I found the

following non-compliance.  HAT Category III   I

observed that in pen #13  outside in the alleyway 

one Roaster sitting and there was no water

provided  in a water trough or any kind of

material. The Hog appeared to be limping while

walking. Ms.Sue Lau and Mr Ping Lau were

notified of our observation. The plant

management was informed that a noncompliance

would be issued  Around 1237 hours the Roaster

was moved to another pen, where there was

source of water. This NR is linked to a similar

NR # FBJ 2813071717N issued for the same cause

on  5/8/18  FSIS Directive 6900.2

Revision2 Category111 with the regulatory

requirements of  9CFR 313.2(e) states that water

is to be accessible to livestock in all holding pens

,and that animals held longer than 24 hours have

access to feed

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 95

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ111

107352

3N-1

07/23/2018 07/23/2018 04C02 Livestock

Humane

Handling

313.2 On 7/23/18 at approximately 0757 hours, while

inspecting the holding pens, I found the following

Humane Handling non-compliance. I observed

that the pen designated as the USDA suspect pen

did not have a source of water.  There were 2

suspect market hogs in the USDA suspect pen, and

those two market hogs had been in that pen since

approximately 0530 hours.  I informed the plant

employee working out in the pens, and the plant

employee immediately moved the two market

hogs into another pen that had a source of water. 

I then informed plant owners Ping Lau and Sue

Lau of my observations and the forthcoming

non-compliance. This is a non-compliance of the

regulatory requirements of 9 CFR 313.2(e), which

states that "Animals shall have access to water in

all holding pens and, if held longer than 24 hours,

access to feed."  This non-compliance is linked to

a similar non-compliance (NR# FBJ2813071717N)

with the same cause, which was documented on

7/16/18.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 96

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ170

607463

0N-1

07/27/2018 07/30/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On 7/27/18 at approximately 0930 hours, the

following humane handling non-compliances were

observed by , Dr. Sheryl

Beckett, DDM, and I, . 

While inspecting the holding pens, we observed a

group of market hogs being held in the alleyway

outside of the kill pen with no access to water. 

Pigs are held in this alleyway for up to 1 hour at a

time.  This is a non-compliance of the regulatory

requirements of 9 CFR 313.2(e), which states that

"Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed."  This non-compliance is linked to a similar

non-compliance (NR# FBJ1111073523N) with the

same cause (no access to water), which was

documented on 7/23/18. As we continued

inspecting the holding pens, we observed that

holding pens #11, #12, and #13 were in filthy

conditions with poor footing.  There were large

groups of roaster pigs in all 3 of these pens.  The

majority of all 3 holding pens contained deep

mud, which reached up past the bellies of the

roaster pigs as they moved through the pens. 

These three pens only had small areas of dry dirt

for the pigs to be able to get out of the deep

mud, and there was not enough room for all of

the roaster pigs to lay down in the dry areas of the

pens.  Additionally, the roaster pigs in pen #13

were crowded around the single water trough in

the pen, and some of the pigs were biting the tails

of other pigs, trying to get to the water.  I took a

regulatory control action and applied U.S. Reject

tag #B38098661 to pen #11, U.S. Reject tag

#B38098662 to pen #12, and U.S. Reject tag

#B38098665 to pen #13, to reject the three pens

in poor condition.  This is a non-compliance of the

regulatory requirements of 9 CFR 313.1(b), which

states that "Floors of livestock pens, ramps, and

driveways shall be constructed and maintained so

as to provide good footing for livestock." Plant

CLOSED

(b)(6)(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 97

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

owner Ping Lau then entered the holding pen area

and was informed of the forthcoming humane

handling non-compliances.

M360+P36

0

Smithfield

Packaged

Meats Corp.

DAM56

070725

17N-1

07/17/2018 07/17/2018 04C02 Livestock

Humane

Handling

313.1 Yesterday, July 16 2018, during verification of

water and feed regulation, I observed a squealing

market swine stuck on a protruding object in pen

230 by its lip at 1055 hours.  The animal was

stuck and bleeding for at least 10 minutes.  The

protruding object was 3/4 inch long with threads

with a blunt end at the bottom located along the

pipe that runs across the cement wall.  This pipe

has multiple protruding objects.  I looked for plant

personnel and found a black hat employee and

asked for the supervisor but the supervisor was on

lunch.  I explained to the employee that an animal

was stuck on a protruding object and was

bleeding and suffering pain and needed

immediate attention.  The employee told me they

would go look.  The employee took a shortcut

inside the pen area and I went to the pen through

the outside of the building.  The animal was now

free from the protruding object and bleeding from

the lip.  I instructed the employee that corrective

actions to prevent a recurrence are to be taken. 

The employee informed me that they would

inform the supervisor.  The plant performed

corrective actions by removing the hogs from that

pen and placing a repair tag on the pen. On

7/17/18 the plant had maintenance trim all bolts

in the pens that extended past the nut and also

retrained the pen/unloading employees on

possible ways pigs could get injured in the pens or

ramps. The training document was provided to

FSIS.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 98

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M548 Yosemite Meat

Company Inc.

VHM23

180625

06N-1

06/01/2018 06/06/2018 04C02 Livestock

Humane

Handling

313.2 On 06/01/18, at approximately 0900 hours, while

observing truck unloading of a load of market

hogs during Antemortem inspection, I observed

the following noncompliance From my vantage

point near the exit ramp outside the trailer – with

plate number 10351P and ‘South Dakota’ on the

license plate, I observed the establishment

employee unloading approximately 20 hogs from

the top deck of the trailer.  During unloading, I

observed approximately 8 of the hogs appear to

trip and fall as they were exiting the top deck

holding area.  These hogs were squealing loudly as

they landed heavily on their chins and chests

during the unloading process.  After all of the hogs

were guided out of the trailer without further

incident and without any apparent injuries, I

entered the trailer to get a closer assessment of

the cause and observed that there was a 13” step

separating the top deck holding area from the

next lower deck.  Unlike the other deck area on

the trailer, there was no ramp or step

transitioning the top deck to the lower deck which

caused the hogs to appear to trip and fall down

the 13” drop. I showed the deficiency to

 and

informed him of the forthcoming issuance of a

noncompliance for driving the animals off of the

13” drop without a proper transition such as a

ramp or step, and causing unnecessary excitement

and discomfort to the animals.  My findings

indicated a noncompliance with the regulatory

requirements of 9CFR 313.2(a).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 99

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M783+P78

3+V783

Harris Ranch

Beef Company

VNG27

150654

09N-1

06/08/2018 06/09/2018 04C02 Livestock

Humane

Handling

313.2 On 08 June 2018 around 12:30 pm, the chain

broke and the slaughter line stopped. Six cattle

were left standing in the serpentine leading to the

knock box for 1 hour and 10 minutes without

water during downtime. When animals are held in

any location for an extended period of time, that

location should be treated as a holding pen, and

water must be provided. Once I notified the 

 of the

noncompliance with 9 CFR 313.2(e), he

immediately instructed the employees to back the

cattle out of the serpentine and into a pen to

provide water. One animal was not able to be

backed out, and it was stunned 5 minutes later.

The establishment has not had a prior NR for 9

CFR 313.2(e) in the past 90 days.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 100

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2800+P2

800

Superior Farms RJO591

605222

1N-1

05/21/2018 05/21/2018 04C02 Livestock

Humane

Handling

313.2 Approximately at 1230 hours On Monday, May

21, 2018 while was

performing ante-mortem inspection of pen#5, lot

#131 on about 100 fair goats that were presented

for Ante-Mortem inspection, I observed that there

was no water available in the water trough in the

pen#5 which has only one water trough. I

immediately notified , holding

pens supervisor of this humane handling

non-compliance, he immediately took corrective

action by turning the water on to the tough and

providing water to the animals. This is the

noncompliance with 9CFR 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. There shall be sufficient room in the holding

pen for animals held overnight to lie down”. 

According to these animals

arrived today morning around 0500 hours. The

goats in pen#5 had no Access to water over seven

hours from 0500 hours to 1230 hours. This is a

sunny day of the month of May with outside

temperature being close to 75 degree F. The

establishment needs to take effective measures

for inclement weather which also includes

constant water availability for animals in holding

pens and also keeping the animals comfortable

during hot summer weather. This document

serves as a written notification of your failure to

comply with regulatory requirement(s) could

result in additional regulatory or administrative

action or suspension.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 101

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2800+P2

800

Superior Farms RJO020

906132

7N-1

06/26/2018 06/26/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At about 1050 hours, while performing Ante

Mortem Inspection of Lambs, Humane Handling 

Activity Tracking  (HAT)  Category IV, handling

animals during Ante Mortem Inspection, I have

observed  that plant employee  was  moving

about 365 lambs from Pen Number 2 into the

alley way.  I have observed that several lambs

were slipping and 4 lambs slipped and fell down,

and they got up and moved.  I took regulatory

control action and stopped the moving of

animals.  I have notified 

” of the noncompliance.  The

plant immediately identified because for animals

slipping as the floor was wet with manure under

the wooden shaving, they have put extra wood

shavings, and moved the rest of the animals from

the pen into the alley way, and I have not

observed any slips and falls.  This is humane

handling non-compliance as per 9CFR 313.1(b)

and 313.2(a).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 102

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD161

608232

8N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.1 On 08/27/2018 at approximately 1000 hours,

while performing an inspection of the

establishment’s livestock holding pens, driveways

and ramps (HATS Category IV, Ante-Mortem

Inspection), I observed a corner of the wire fence

panel in the west wall of Pen 9 that had a

protruding wire. The end of the wire was sharp

and protruded into the pen space approximately 2

inches, and was located approximately 2.5 feet

above the pen floor, and created a sharp and

protruding object hazard. This was a

noncompliance with Title 9 CFR 313.1(a). At the

time of this inspection there were no animals in

pen 9. I applied U.S. Reject tag B42126567 to the

pen 9 gate to prevent any animals from being

placed in the pen. In Pen 5, I also observe a wire

fence panel in the north fence of the pen, and the

top east corner of the fence panel,near the gate

post, was loose. The loose corner area of the fence

panel was also protruding into the pen space by

approximately 3-4 inches, which created a

protruding object and entrapment hazard, and

was a noncompliance with Title 9 CFR 313.1(a). At

the time of this inspection there were no animals

in pen 5. I applied U.S. Reject tag B42126566 to

the pen 5 gate to prevent any animals from being

placed in the pen. In Pen 4, I observed a piece of

razor wire protruded through the east pen fence

by approximately 6 inches into the pen space, and

located approximately 3 feet above the pen floor.

The razor wire had several very sharp pieces of

metal that could cause injury to animals in the

pen. I also observed a “2 by 8” wooden board

approximately 2 feet long, attached in a vertical

orientation to the middle area of the east wall of

pen 4, with nails only in the lower end holding it

to the fence. The high end of the board was

positioned outward away from the fence wall,

resulting in the board projecting into the pen

space by about a 30-45 degree angle, creating a

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 103

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

hazardous condition for any animals in the pen,

because the board could fall and land on an

animal if placed in the pen. This was a

noncompliance with Title 9 CFR 313.1(a).  At the

time of this inspection there were no animals in

pen 4. I applied U.S. Reject tag B42126748 to the

pen 4 gate to prevent any animals from being

placed in the pen. I inspected all the animals in

the pens, and did not observe any signs that could

indicate any animal was harmed by the hazards.

was notified of the noncompliance.  The

establishment took corrective action soon after

being notified, and after I verified the corrective

actions were adequate so that there would be no

hazards to the animals, I then removed the 3 U.S.

Reject tags from the pen gates.

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 104

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD462

009452

8N-1

09/27/2018 09/28/2018 04C02 Livestock

Humane

Handling

313.1 On 09/27/2018, at approximately 0800 hours

while inspecting the pens and alleyways (HATS

Category IV, Ante-mortem Inspection), I, 

 observed two areas of a livestock

panel metal rung that had corroded, became

broken, and protruded in the small

ruminant north pen space near the pen floor. This

pen is located just north of the beef lead-up chute.

There was also a nail in the same north pen that

had its head end protruding approximately an

inch outward into the pen space from a plywood

panel attached to the north wall of the small

ruminant north pen. There was a two-by-four

board attached horizontally to the inside surface

of the beef lead-up chute that was loose and

protruding enough to be a trip hazard for animals

being lead up the chute. These protruding and

sharp objects were hazards to animals. There were

no animals in the small ruminant north pen, or in

the beef lead-up chute, during this observation,

and no animals appeared to have been previously

injured by the sharp and protruding objects. The

findings of the sharp/protruding objects was a

regulatory noncompliance with Title 9 CFR 313.1.

I placed U.S. Reject tag B42126744 to the gate of

the small ruminant north pen , and closed the

gate. I also placed U.S. Reject tag B42126547 to

the entry door of the beef lead-up chute, and

closed the gate. 

was notified of

the noncompliance.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 105

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO251

607583

1N-1

07/30/2018 07/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On July 30, 2018 at approximately 1554 hours,

the following noncompliance was noted while

observing Category VIII – the Stunning

Effectiveness component of the Humane Handling

verification task. I observed Plant Manager Javier

Juarez Jr. performing Bob Veal calf stunning using

a power captive bolt stunner.  As he fired the

power knocker on a Jersey veal calf that he was

simultaneously restraining by the hind legs, the

calf moved its head to the left as the captive bolt

penetrated the skull at the right temporal area.

The calf fell down on both its hind legs and its

front right leg as they contracted immediately but

the calf’s left front leg remained extended and

touching the ground.  The calf’s head remained

upright as it pushed the rest of its body to the

right with its extended left front leg.  Immediately

Mr. Juarez attempted to reknock the calf as it was

still partially standing using the power knocker,

but after several unsuccessful attempts to position

the power knocker so as to deliver another stun,

he decided to immediately abandon the use of the

power knocker and use the handheld captive bolt

gun instead. He immediately grabbed the hand

held captive bolt just outside of the knock box

approximately 4 feet away and as he made his

way back to knock the calf with the hand held

knocker the calf vocalized.  At this time, Mr.

Juarez delivered an effective knock with the hand

held captive bolt to the calf’s head.  The calf was

immediately rendered insensible, stopped

vocalizing and collapsed.  I took immediate

regulatory control action and stopped any more

animals from being knocked.  I applied a

regulatory control action to the knocking area

with US Retain/Reject tag No. B38505989 and

informed Mr. Juarez of the noncompliance.  At

approximately 1630 hours, I removed the

regulatory control action after the establishment’s

corrective actions were reviewed, approved and

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 106

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

implemented.  The establishment was

noncompliant with 9CFR 313.15(a)(1) and 9CFR

313.15(a)(3) The establishment is currently

under a Verification Plan due to the

establishment’s failure to maintain or implement

required controls to prevent the inhumane

handling and slaughtering of livestock at the

establishment and to appropriately handle

animals in accordance with Title 9 CFR Part

313.15(a)(1), 313.15(a)(3), 313.15(b)(1)(ii) and

313.15(b)(1)(iii).   This noncompliance is being

associated with another noncompliance which

was observed and documented

(NR # JCO5221072030N) on 7/30/18 for failure to

prevent recurrence.
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 107

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO522

107203

0N-1

07/30/2018 07/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On 07/30/18, while observing the Category

VIII - Stunning Effectiveness component of

Humane Handling verification, I observed the

following incident At approximately 1000 hours,

I observed Javier Juarez Jr, production manager

performing calf stunning using a power captive

bolt stunner. While standing approximately 10

feet behind a calf outside the knock box, I

observed him position the standing calf in the

knocking area and fire the captive bolt gun but

instead of the calf dropping as expected, I saw

that the calf remained standing and heard Mr.

Juarez make an indiscernible noise and then

proceed to immediately fire the captive bolt gun

again.  This time, the calf immediately dropped to

the floor as if from an effective stun.  I

immediately proceeded to inspect the head of the

stunned animal and observed a 1 inch long

full-thickness strip of skin and hair as a result of

the mis-stun removed from the right temporal

area revealing the underlying skull.  The

underlying skull did not appear to have been

penetrated or damaged during the first stun

attempt.  The second knock was properly placed

and resulted in an effective stun. At this time, I

discussed with Javier Juarez Jr that livestock are to

be rendered insensible to pain by a single blow

and because of the mis-stun attempt, I took a

regulatory control action and applied a U.S.

Retain/Reject tag to the stunning area for the

mis-stun and informed him that this is a

noncompliance with the regulatory requirements

of 9CFR 313.15. The establishment provided an

immediate corrective action to better restrain the

animal so as to render the animal rapidly and

effectively insensible upon the first attempt.  At

this time regulatory control was released at

approximately 1008 hours and the establishment

resumed stunning operations.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 108

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9008+P9

008

Johansen's

Quality Meats

FBE031

508472

2N-1

08/22/2018 08/22/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 08/22/18, at approximately 1005 hours, while

performing a humane handling task, I observed

, push an

approximately 900 lb. black beef heifer into the

knock box. loaded the captive bolt

stunning mechanism with a stunner cartridge

aimed the captive bolt to the back of the

heifer’s head; however, upon administering the

blow the heifer shifted its head slightly.

Immediately after the blow, the animal went

down in the knockbox and was still visibly

conscious. The heifer was thrashing about,

rhythmically breathing, and the eye of the animal

was voluntarily blinking and tracking. 

quickly recognized the animal was still conscious,

loaded a .22 caliber rifle and fired a single round

to the back of the heifer’s head. The animal was

rendered unconscious at this time (approximately

20-25 seconds after the initial mis-stun). I

informed of the noncompliance at

approximately 1006 hours. Additionally, I

informed Mr. Darron Rosen, Plant Manager, of the

noncompliance at approximately 1009 hours. The

findings of this observation were regulatory

noncompliance with 9 CFR 313.15(a)(1) which

states “The captive bolt stunners shall be applied

to the livestock in accordance with this section so

as to produce immediate unconsciousness in the

animals before they are shackled, hoisted, thrown,

cast or cut...” due to failing to render the animal

unconscious immediately with the initial captive

bolt blow. Failure to comply with regulatory

requirement(s) may result in additional regulatory

or administrative actions as described in 9 CFR

500.4.

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 109

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9008+P9

008

Johansen's

Quality Meats

FBE411

708452

9N-1

08/29/2018 08/29/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 08/29/18, at approximately 1405 hours, while

performing a humane handling task, I observed

, push an

approximately 900 lb. black beef heifer into the

knock box. The heifer repeatedly tried to twist and

turn around in the knockbox before going down

and getting her head temporarily stuck in a

twisted position underneath herself and the

knocknox door leading into the kill floor. 

 calmly encouraged her to stand back up

and untwist herself. Shortly after, 

loaded the captive bolt stunning mechanism with

a stunner cartridge. aimed the captive

bolt to the back of the heifer??s head; however,

upon administering the blow the heifer thrashed

its head causing the captive bolt to discharge off

angle. Immediately after the blow, the animal

went down in the knockbox and was still showing

signs of consciousness. The heifer was

rhythmically breathing, voluntarily blinking with

strong corneal and palpebral responses and

tracking. quickly recognized the animal

was showing signs of consciousness, loaded a .22

caliber rifle and fired a single round to the front of

the heifer’s head. The animal was rendered

unconscious and insensible with this second stun

(approximately 20 seconds after the initial

mis-stun). I informed of the regulatory

noncompliance with 9 CFR 313.15(a)(1) at

approximately 1410 hours. Additionally, I

informed Mr. Darron Rosen, Plant Manager, of the

noncompliance at approximately 1430 hours. 

This noncompliance record (NR) is being

associated with NR# FBE0315084722N dated

8/22/18 for a similar root cause. The previous

corrective action was either not implemented or

was ineffective at preventing reoccurrence. Failure

to comply with regulatory requirement(s) may

result in additional regulatory or administrative

actions as described in 9 CFR 500.4.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 110

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M934 Charlie

DiMaria &

Sons

VMH48

140842

27N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.1 On Monday August 27, 2018, at approximately

1215 hours, while performing Ante-Mortem (AM)

inspection on a load of Steers that had been

placed in the Holding Pen, I observed the

following noncompliance: The cattle were being

moved out of the Holding Pen and were going at a

fairly fast pace (they were being handled

appropriately, but the were a little nervous) when

one slipped and fell just outside of the Holding

Pen.  As the cattle were being moved back into

the Holding Pen they were moving more slowly,

but another Steer slipped (but didn't fall) and a

third Steer slipped and fell in the same spot as the

first Steer.  Although the floors of the pens and

alleys are waffled to help prevent slipping, they

are showing some wear; they were also very dirty

and wet at the time of  AM inspection. This is a

noncompliance with 9 CFR 313.1(b) which states,

"Floors of livestock pens, ramps, and driveways

shall be constructed and maintained so as to

provide good footing for livestock." I informed

, of the

slipping and falling and the condition of flooring

and that the plant would be receiving a

noncompliance record (NR).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 111

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M934 Charlie

DiMaria &

Sons

VMH29

140910

07N-1

09/07/2018 09/07/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On Friday, September 7, 2018 at approximately

0800 hours, while observing Stunning and

Consciousness for a routine Humane Handling

Task the , observed

the following noncompliance: 

attempted to knock a Holstein Cow.  The cow

dropped immediately but when the SPHV

observed the cow in the Knock Box she observed

that, although the knock appeared to be in the

correct location, the cow was in sternal

recumbency, holding her head up, blinking and

was rhythmically breathing.  The SPHV continued

to observe the cow breathing while the plant

employee was switching out the charges in the

captive bolt gun.  Once he had reloaded the

captive bolt gun, he did not appear to be aware

that the cow was still showing signs of

consciousness.  She instructed the employee to

perform a second stun because the cow appeared

to still be breathing.  The employee tried for

approximately 10-15 seconds then reported that

he could not reach the cow to apply the second

stun.  The SPHV looked into the Knock Box and

observed that the cow’s head was now positioned

down and to the left and was apparently out of

the employee’s reach.  She then instructed 

 to release the cow from the Knock Box so

one of the Kill Floor employees could apply the

second stun.  As the cow was rolling out of the

Knock Box, was

instructed by the SPHV to apply a second stun to

the cow because it still appeared to be

rhythmically breathing.  and

 had difficulty reaching the appropriate

knocking location on the cow because she rolled

out with her head against the gate separating the

blood pit/shackling area immediately in front of

the Knock Box and the alley where the Rabbis and

Imams stand.  They were finally able to move the

CLOSED

(b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 112

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

cow’s head such that the second stun could

finally be applied by .  Once the SPHV

had verified that the cow was unconscious she

immediately stopped further slaughter and

notified of the incident and that

slaughter would be stopped until she was able to

contact the FLS and District Office.  The SPHV

place US Reject Tag #B41846592 to the Knock Box

to prevent further slaughter.  The plant was

allowed to clear the line of the carcasses already

knocked. Earlier that morning, at approximately

0715 hours, the SPHV was observing 

 being trained as per Item 3 of the plant’s

Humane Handling Verification Plan dated August

17, 2018.  applied a first stun on a

Holstein Cow which, although it appeared to be

placed appropriately, did not penetrate

completely.  The cow was still standing quietly but

she did have a shallow hole in her forehead.  

 then immediately applied a second stun

within 20-25 seconds which did render the

cow unconscious. These are noncompliances with

9 CFR 313.15(a)(1) which states, "The captive bolt

stunners shall be applied to the livestock in

accordance 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 manner

that they will be rendered unconscious with a

minimum of excitement and discomfort." and 9

CFR 313.15(a)(3) which states, in part,

"Immediately after the stunning blow is delivered

the animals shall be in a state of complete

unconsciousness and remain in this condition..." 

The SPHV notified and 

 that she would be

taking RCA and that the plant would be receiving

a noncompliance record (NR).

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 113

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M934 Charlie

DiMaria &

Sons

VMH24

090918

14N-1

09/14/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.2 On Friday September 14, 2018, at approximately

0610 hours, while performing Humane Handling

HATS Category III: Water Access and Category IV:

Ante-mortem inspection, I observed the following

noncompliance: As I was walking the alley

checking the cattle in their Pens, I noticed that the

water trough shared between Pens 6 and 7 was

completely empty and the concrete underneath it

was dry.  There were 30 Heavy Calves in Pen 6, 2

of which did attempt to drink from the trough;

Pen 7 was empty.  I informed 

 and Knocker, that there was no water in

the trough.  He verified there was no water in the

trough and informed me he would move the

Heavy Calves into Pen 3 which had water (as did

the rest of the Pens).  After moving the Heavy

Calves out of Pen 6 he turned on the water to

start filling up the trough. This is a

noncompliance with 9 CFR 313.2(e) which states,

in part, "Animals shall have access to water in all

holding pens..." I informed

, and that the plant

would be receiving a noncompliance record (NR). 

Because took immediate corrective

actions to fill up the water trough after moving

the Heavy Calves I did not need to take any

further regulatory control actions or tag the

affected Pens.

CLOSED

(b)(6) (b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 114

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M580+V58

0

A. Decoite

Packing House,

Inc.

ZRD042

006241

3N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On Wednesday, June 13th, 2018 at approximately

1335 hours, I ) and

 were checking for stunning

effectiveness (HATS VIII) and conscious animals on

the rail as part of the Livestock Humane

Handing task. As we stood outside the knock box

on the kill floor, a shot was heard being delivered

by a captive bolt apparatus and as we moved up

the staircase, we observed a heifer was propped

up on its sternum, blinking, holding its head up

and shaking. No vocalization was heard and

tracking of the eyes was not readily observed by

USDA. A captive bolt entry point was noted

rostro-lateral. The same captive bolt stunner was

then reloaded. Approximately 15 seconds passed

before a second knock could be delivered by the

captive bolt apparatus. The second shot did not

appear to have a significant effect

as the animal continued to blink and move its

head from side to side. The heifer was then rolled

out of the knock box and no loaded captive bolt

stunner was available. The previously used captive

bolt stunner was reloaded again and used to

render the animal unquestionably unconscious

after approximately another 10-15 seconds had

passed between the second and third stuns. The

animal was then hung on the rail and bled out

without incident but the knock box was

immediately tagged using USDA Rejected Tag

#B37212538 and further slaughter of additional

animals was prevented. 

 was notified that the establishment

was in violation of 9 CFR 313.15(a)(1) and that a

non-compliance would be issued. After

communication with the district office, it was

determined that based on the description of the

incident, the signs observed were not indicative of

a conscious animal. At approximately 1500

hours, USDA Reject Tag #B37212538 was removed

from the knock box and establishment

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 115

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

management was notified that they were free

to return to their normal slaughter operations.

M9252+P9

252+V9252

Bright Oak

Meats, Inc.

GHD20

170610

29N-1

06/29/2018 06/29/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(i)

At approximately 1145 on this day 06/29/18

 came to the office and

informed me ) that while

performing inspection tasks in the slaughter room,

he heard 

stunned a pig with a .22 rifle, the result was not

effective, the animal was still standing and

 squealing. A second shot was applied with the

bigger rifle.243; the animals were rendered

unconscious prior to sticking and bleeding

process. The estimated time between the first

knock and the second knock was approximately

10-30 seconds. The slaughter process was stopped

and an US rejected was applied on the slaughter

knocking box at 1200. Reviewing plant Robust

humane handling program indicates that the

knocker   had

been trained on how to properly knocking all

animals. The document was signed with

 signature on

03/02/2017. Plant failed to meet the HATS

Category VIII: Stunning Effectiveness and the

requirements of Regulation CFR 313.16(a);

313.16(b)(1)(i) You are hereby advised of your

right to appeal this decision as delineated by

306.5 and/or 381.35 of 9 CFR.

CLOSED

(b)(6)(b)(6) (b)(6)

(b)(6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 116

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9252+P9

252+V9252

Bright Oak

Meats, Inc.

GHD52

140743

11N-1

07/11/2018 07/11/2018 04C02 Livestock

Humane

Handling

313.2 While performing the Livestock Humane Handling

Task Category III Water and Feed availability at

approximately 1115, I, , noted that

two pens did not have water available for the

animals present. Pen 6 contained one steer. The

water bucket was upright with a dry bottom and

an undiluted pile of feces. Pen 2 contained 13

market hogs and sows. Two water buckets were

present in the pen. Both buckets were lying on

their sides and large pools of water were present

around them.  I immediately notified

 who

instructed an employee to fill the water buckets. I

then notified plant manager Ms. Denise Pohrman

of the forthcoming non-compliance.  No similar

non-compliances have been recorded in the past

90 days.

CLOSED

(b)(6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 117

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat

Inc.

CFJ491

309131

7N-1

09/17/2018 09/17/2018 04C02 Livestock

Humane

Handling

313.2 On 09/17/18 at approximately 0915 hours I, 

 observed the unloading of livestock.

The following noncompliance was noticed: The

livestock being delivered was a goat for slaughter

tomorrow. The transport vehicle was a pickup

with a canopy with the goat inside the cargo area.

The pickup was backed into the lower ramp

causing a step-down for the goat of approximately

three feet. The person delivering the goat had the

goat on a halter with a rope attached; the person

was pulling on the rope trying to unload the goat. 

This was observed by me and ; I

verbally informed the person handling the goat to

not pull it and to let it walk out on its own, 

 went to get the plant owner Mr. Ben

Meyer to make him aware of the noncompliance. 

After the goat was out of the back of the pickup, I

observed the handler pull the goat into a gated

area just outside the pens. Mr. Meyer spoke with

the handler regarding humane handling and

presented him with the establishment’s document

titled: Marks Meat Slaughter Schedule Agreement

which states in part “...Pulling, dragging, kicking,

or hitting of animals will not be tolerated. All

animals must be unload out of the trailer at their

own accord...” In addition this establishment has

a Robust Systematic Approach to Humane

Handling of Livestock. Paragraphs 2 and 3 of this

document discuss the pens and ramps, but do not

specifically mention handling as does the

Slaughter Schedule Agreement. Mr. Meyer was

verbally informed that a NR will be issued though

his corrective actions were already taken.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 118

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat

Inc.

CFJ511

609212

1N-1

09/19/2018 09/21/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 09/21/18 at approximately 0845 hours I, 

was verifying the Humane-Handling

Activities Tracking System (HATS) task for

Stunning Effectiveness, which was not met as the

beef was not rendered immediately unconscious. 

Mr. James Serlin, Plant Owner was performing the

knock while training a 

. The captive bolt was used with

a backup .22 mag loaded and ready for use. The

captive bolt knock was ineffective and caused

vocalization. I observed the beef still standing then

Mr. Serlin immediately used the backup firearm,

which was within about 2 to 3 seconds after the

mis-stun. I noticed the firearm and retreated to a

safe area, I heard one shot, and then turned to see

the beef down in the knock box. The second stun

attempt; first with the firearm was effective. Then

a second shot with the firearm, third totally, was

applied for security.  After that there was no eye

movement. When the beef was shackled and

hung, there were no signs of consciousness.   

Mr. Serlin was verbally informed of the

noncompliance and that a NR would be issued.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 119

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat

Inc.

CFJ381

709412

4N-1

09/24/2018 09/24/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category II Truck Unloading On September

24, 2018 at approximately 3:25pm 

observed a customer dropping off

lamb for slaughter the next day.  The animals

were brought in an enclosed wooden crate on a

flatbed truck.  witnessed the customer

open the door to the crate,  place a lasso around

an animals neck and proceed to pull the animal

against its will down the unloading incline and

into the pen where other sheep were waiting.  The

animal remained standing throughout the process

however was fighting being pulled.  The animal in

question was being forced to move by pulling and

the unloading was not done with a "minimum of

excitement and discomfort to the animal."  both

of which are in violation of 9 CFR 313.2(a).  A

review of records shows a similar non compliance

written on 9/17/2018 for the same root cause. 

Therefore this record is being linked to NR#

CFJ4913091317N and shows a trend of

non-compliance at this establishment.  Further

corrective actions are necessary beyond previous

attempts to ensure compliance with regulations

pertaining to the humane slaughter of animals.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 120

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9270+P9

270+V9270

Mt. Angel

Meat Co.

QYB401

307030

2N-1

07/02/2018 07/02/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

HATS Category VIII Stunning Effectiveness On

07/01/2018 observed the following

noncompliance.  At approximately 0800 the

establishment administered an inefficient

stunning attempt on a mature sheep. The

establishment stunner utilizes a hand held captive

bolt device (HHCBD).  The sheep moved its head at

the last second rendering the stunning attempt

ineffective.  The sheep remained standing and

shook its head with blood dripping from its right

nostril.  The establishment had a rifle at the ready

to be used as a backup but chose not to employ

it.  The establishment employee quickly reloaded

the HHCBD and administered a second stun that

rendered the animal unconscious.  The elapsed

time between stuns was approximately 8-10

seconds.    immediately notified

the Establishment owner Eric Feitz of the

noncompliance.  tagged the HHCBD

with U.S. Reject tab #B3535731935 and then

notified via phone.

CLOSED

(b)(6) (b)(6)(b)(6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 121

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M12448 Nakasone

Slaughterhous

e

GKK401

706360

4N-1

06/04/2018 06/04/2018 04C02 Livestock

Humane

Handling

313.1 On 6/4/2018 at approximately 0300 HRS, the CSI

was performing a Livestock Humane Handling

Review and Observation Task. While performing

this task, the CSI observed the following

non-compliance(s).   In holding pen "E", the CSI

observed a hole in the cement floor. This hole

measured approximately 3 inches in diameter and

approximately 2 inches deep.  The CSI

determined that this observation could possibly

cause injury to hogs being held in this pen if their

hooves should get stuck in this hole while being

held prior to slaughter. NOTE: No animals were

observed in this pen at the time.  The CSI attached

U.S. Rejected Tag # B37212930 to the gate of this

holding pen, then verbally and visually informed

Plant Manager Harry Nakasone of this

non-compliance immediately. The CSI also

informed Mr. Nakasone (verbally) that no animals

shall be placed in this pen until corrective actions

have been conducted by Plant Management and

the U.S. Rejected Tag has been removed by an

FSIS employee.  No immediate action was taken

by Mr. Nakasone but he verbally provided his

further planned/corrective action(s) which will be

to have the issue resolved in a timely manner and

that no animals will be placed in this pen until

repairs are complete.   Regulation(s) violated are 9

CFR 313.1 which states that "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 the

inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be

repaired."  A review of the establishment's NR

history shows that no similar or linkable NR's have

been issued to this establishment within the past

30 days.  Regulation(s) 9 CFR 313.1(a) has not

been met.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 122

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M1311 JBS Souderton,

Inc.

KID221

405293

0N-1

05/25/2018 05/30/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV: Handling During Ante Mortem

Inspection On Friday morning, 05/25/2018 at

06:40 I, , was performing

antemortem accompanied by two pens

employees. As the employees emptied Pen 31

they discovered that a blonde beef heifer had

reached its head through the railing next to the

blue water trough and had become trapped in

that position. The heifer was pulling back against

the railing in attempt to release itself and resisted

attempts to turn its head to an angle that would

allow it to be freed. . The employees

immediately notified the supervisor on duty about

the entrapped animal.  The heifer was stunned

with a hand held bolt device at 06:46am,

following the protocols of the Establishment’s

Human Handling Plan. I informed 

at that time that a Noncompliance Record would

be issued for deficiencies that created potentially

hazardous conditions for cattle housed in the pen.

Retain tag B42208577 was placed on the railing

adjacent to the waterer where the animal had

become trapped, and the gate for pen 31 was

locked in place by the establishment to block

access to the area until repairs could be made. 

Failure to ensure that the animals cannot become

trapped or injured in the holding pens represents

a potential hazard to the animals and a failure to

comply with § 313.1 Livestock pens, driveways

and ramps. (a) Livestock pens, driveways and

ramps shall be maintained in good repair.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 123

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M1311 JBS Souderton,

Inc.

KID101

706092

7N-1

06/27/2018 06/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Category 8 - Stunning Effectiveness I, 

was making routine observations for

stunning on Wednesday June 27, 2018.  At

9:06am  I observed the employee use the

pneumatic stunner on a black and white steer. 

The animal's head jerked downward when the

pneumatic stunner sounded, and the animal then

raised its head, turning it to the right so that it

was looking back over its right shoulder.  The

animal's eyes moved in a smooth natural motion,

directing its gaze from forward to  behind, fixing

its gaze on me briefly and then directing its eyes

forward again. During this brief time the

employee took up the  hand-held stunner that

was kept within easy reach and applied an

effective follow-up stun to the animal. I stopped

the line at this point and spoke to 

, who was just outside the stun room.  

 questioned the employee, who confirmed

that the first stun was ineffective and that he

immediately applied a second stun to the animal. 

No regulatory control tag was required.

(b)(6)

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 124

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4465 Nicholas Meat

LLC

KYM38

110525

31N-1

05/31/2018 05/31/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII Observation for Slips & Falls 

On Thursday, May 31st, 2018 at approximately

1130 hours I was conducting monitoring for

Humane Handling on the catwalk in the barn and

observed the following non-compliance. A group

of 19 beef cattle were unloaded into pen 5 and

then the gates were opened to allow them to walk

to pen 4.  While moving, I observed multiple cattle

(at least 6 were counted but more were seen at

the periphery of my vision) slip and in some

instances fall (hips hitting the ground).  These slips

occurred throughout the alleyway ranging from

the point in which the cattle turn around a corner

all the way up to the entrance of the pen.  The

floors appeared slick which contributed to the

cattle losing their footing. 

, was present during this event and

afterwards instructed barn employees to place

wood shavings in the alleyway.  I observed the

second set of beef cattle (13 total) from the same

truck be unloaded and move into pen 4.  Only 1

more animal slipped in an area of the alleyway

that did not have any shavings.  This is a violation

of 9 CFR 313.1.  Elliott Keller, Plant Manager, was

alerted to the situation and the non-compliance.

No RCA was taken because plant employees

immediately performed a corrective action.  In

addition, instructed barn employees to

move high strung beef cattle into closer pens as

opposed to the ones further away.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 125

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4465 Nicholas Meat

LLC

KYM20

150616

11N-1

06/11/2018 06/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

HATS Category VI Electric Prod and Alternative

Object Use On Monday, June 11, 2018 at

approximately 0915 hours was in the

USDA office in the barn when she heard a cow

bellowing. When she looked outside the window,

she saw a beef cow's head turned and stuck

between the knock box and serpentine. She

observed the plant employee use the prod twice

and the paddle several times on her back.  She

continued to listen and counted at least 15 total

uses of the paddle. I was doing ante-mortem in

the other side of the barn and when I went back

to the office, told me about the

situation. I proceed to check the cow, and

instructed the plant employee that the use of the

paddle was excessive. A few minutes passed and

 proceeded to the catwalk with

. She talked to about the issue as

they were facing the cat walk and observed the

same plant employee use the electric prod a total

of at least six times to try to move a different

beef cow into the stunning area. 

, was immediately alerted to the

situation and the non-compliance. This is a

violation of 9 CFR 313.2(a), 313.2(b) and

313.15(a) (2).  No regulatory control action was

taken because the barn employee's actions were

addressed by his supervisor.

CLOSED

Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 125

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4465 Nicholas Meat

LLC

KYM20

150616

11N-1

06/11/2018 06/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

HATS Category VI Electric Prod and Alternative

Object Use On Monday, June 11, 2018 at

approximately 0915 hours was in the

USDA office in the barn when she heard a cow

bellowing. When she looked outside the window,

she saw a beef cow's head turned and stuck

between the knock box and serpentine. She

observed the plant employee use the prod twice

and the paddle several times on her back.  She

continued to listen and counted at least 15 total

uses of the paddle. I was doing ante-mortem in

the other side of the barn and when I went back

to the office, told me about the

situation. I proceed to check the cow, and

instructed the plant employee that the use of the

paddle was excessive. A few minutes passed and

 proceeded to the catwalk with

. She talked to about the issue as

they were facing the cat walk and observed the

same plant employee use the electric prod a total

of at least six times to try to move a different

beef cow into the stunning area. 

, was immediately alerted to the

situation and the non-compliance. This is a

violation of 9 CFR 313.2(a), 313.2(b) and

313.15(a) (2).  No regulatory control action was

taken because the barn employee's actions were

addressed by his supervisor.

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 126

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4465 Nicholas Meat

LLC

KYM37

110854

03N-1

08/03/2018 08/03/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Category V – Suspect and Disabled and Category

VII – Observation for Slips and Falls On August 3,

2018 at approximately 0725 hours while

monitoring Humane Handling in the barn the

following non-compliance was observed: Barn

employees were moving cattle from pen 5 into

pen 1. When the barn employee walked into pen

5 the cows moved as a group out of the pen. One

cow had difficulty walking but tried to follow the

other cows. The cow with difficulty walking got

excited and tried to run but slipped, fell and its

back legs split apart when it hit the floor. Without

being prompted this cow attempted to get up

approximately four times in the alleyway between

pen 5 and pen 1. Every attempt resulted in the

cow slipping, falling and its back legs splitting

when it hit the floor. The floor hadn’t been

cleaned from the previous night and didn’t have

enough bedding to prevent the cow from slipping.

The barn employee slowly walked behind the

remainder of cows in pen 5 moving them into pen

1, forcing the other cows to walk past the disabled

cow, still failing to segregate the disabled animal.

When the other cows were moving around it the

disabled cow dragged herself from the alleyway

into pen 1. The other cows congregated around it

in pen 1.  No cow was observed stepping on the

disabled animal. For approximately 5 minutes no

attempt was made to segregate the disabled

animal. Later a barn employee moved some of the

other animals out of pen 1, but not all, forcing the

animals to walk in close proximity around the

disabled animal, again failing to completely

segregate the disabled animal. The barn employee

then attempted to get the disabled animal up

approximately 4 times using a rattle paddle, by

shaking it and lightly tapping the cow. This forced

the disabled animal to drag itself again as it

attempted to get up without success, due in part

to the slippery floors from lack of cleaning and

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 127

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

poor bedding.   The disabled cow eventually made

it out of pen 1 onto the other alleyway (in front of

pen 8) without getting up. At approximately 0740

hours the barn employees properly stunned and

rendered the disabled animal unconscious with a

hand held captive bolt. The non-ambulatory

animal was condemned as per regulations. No

regulatory control action was taken. 

, was notified on this

non-compliance. This is a non-compliance of 9

CFR 313.1(b) and 313.2(d)(1).

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 128

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4465 Nicholas Meat

LLC

KYM37

110854

03N-2

08/03/2018 08/03/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

Category VIII - Stunning Effectiveness On August

3, 2018 at approximately 1419 hours while

monitoring Humane Handling in the barn the

following non-compliance was observed: A slow

dairy cow was going to be stunned in pen 5. The

barn employees moved the cow to the corner up

against the wall and the held her in place with a

gate and another employee behind the cow, the

animal’s head was free from restraint. The

company employee used a hand-held stunner and

made a first stunning attempt which didn’t render

the animal unconscious. The cow walked out of

the area where it was being held and went to the

other side of the pen. I could clearly visualize the

injury caused by the first stunning attempt above

the right eye.  While the animal was standing

freely at the other side of the pen the barn

employee approached the cow and made a

second stunning attempt. The second stunning

attempt with the hand-held captive bolt rendered

the animal unconscious. A security stun was also

performed. After the cow was rendered

unconscious I verified again the head and two

distinct captive bolt injuries could be seen, one in

the middle of the forehead and another one above

the right eye. Since the establishment performed

immediate corrective actions no regulatory

control action was taken. 

, was notified of the non-compliance

with 9 CFR 313.15(a)(1) and 9 CFR

313.15(b)(1)(iii).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 129

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M4763+P4

763

P&N Packing

Inc.

UVF471

009170

4N-1

09/04/2018 09/04/2018 04C02 Livestock

Humane

Handling

313.2 On Tuesday, September 4, 2018, at approximately

0710 hrs, while performing Ante-Mortem

inspection at establishment 4763M, I observed

the following non-compliance:   A water bucket

located in pen # 5 had no water available for the

calves being held there.  This is a violation of

regulation 313.2(e).  At this time I informe

,

of this noncompliance.  Immediate corrective

action was taken by a plant employee and the

water bucket was filled.

CLOSED

M4999+P4

999

Pudliner

Packing

CGN12

080746

10N-1

07/10/2018 07/10/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0800 hours while I was

performing ante mortem inspection I observed the

following deficiencies in the outside holding pen: 

1.)There are holes and jagged edges where the

metal has deteriorated on the swinging gate

between the 2 pens. 2.)There are also holes and a

jagged edge on the lowest metal tubing near the

swinging gate. 3.0There is a small hole about 4

inches in diameter in the 4th metal tubing from

the top near the water supply. There is a

possibility that the degradation of the metal

tubing could cause animals held in these pens to

be injured. A check of the PIP found that these

deficiencies were not documented.  No tag

applied.  No animal injuries observed. 

was notified orally and in writing with

this NR of the noncompliance.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 130

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9369+P9

369

Alex Froehlich

Packing

Company

SOJ341

206440

6N-1

06/06/2018 06/06/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

June 6, 2018, at approximately 1112 hours while

performing humane handling verification activities

at Establishment 9369, I )

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. As the

Stunner made the first stunning attempt with the

captive bolt, the sow's large ears and head

movement prevented accurate placement. The

stunning attempt hit the head as evidenced by the

sow's sudden vocalization and the sow remained

standing. Establishment management took

immediate corrective action by re-loading the

captive bolt and delivering a second stun, which

made the sow insensible. Two holes were

observed in the skull after the skinning process

was complete. Mr. David Froehlich III, Plant

Owner, was notified of the Noncompliance and

the Establishment’s failure to adhere to the

regulatory requirements of 9 CFR 313.15(a)(1)."

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 131

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9400+P9

400

Cargill Meat

Solutions

WIL331

305533

0N-1

05/29/2018 05/29/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HAT Category VIII, Stunning Effectiveness   On

May 29, 2018 at approximately 1340 hours, while

 was verifying HAT Category

VIII, Stunning Effectiveness, at establishment

M9400, an establishment employee attempted to

stun a beef cow in the belly-restrainer in the

knock box with a hand-held captive bolt device.

The stunning attempt contacted the animal,

which was apparent by an abrasion on its head,

but did not cause unconsciousness. The cow

remained fully conscious and observant of its

surroundings, moved its head away from the

employee, and vocalized.  A second stunning

attempt was immediately placed, using a

hand-held captive bolt device, and rendered the

animal unconscious as evident by lack of any signs

of sensibility.  

, and 

 , was notified of the noncompliance with

9CFR313.15(a)(1).

CLOSED

M9400+P9

400

Cargill Meat

Solutions

WIL090

808293

0N-1

08/29/2018 08/29/2018 04C02 Livestock

Humane

Handling

313.2 On August 29, 2018 at approximately 07:15 Hours

while DDM Dr. Lilyestrom Lynda was verifying

Humane Handling at establishment number

M9400, one of the establishment employee was

observed moving a white cow and using whip with

a plastic bag attached. The employee was waving

the whip and he hit the cow on the face. The cow

flinched in response. 

  was notified of the noncompliance with

9CFR 313,2(B). This non compliance was

determined to be not egregious.

CLOSED

(b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 132

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9442+P9

442

Groff Meats

Inc.

UTC151

106550

1N-1

06/01/2018 06/01/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

HATS Category VIII - Stunning Effectiveness On

June 1, 2018, at 1028 hours while performing

humane handling verification activities at

Establishment M9442, I, 

observed the following Noncompliance. An

approximate 500 pound sow was standing freely

in the stun box. The stunner made the first

stunning attempt on the head, at which time the

sow squealed loudly and tossed its head causing

the stun device to lose contact. The sow then

stumbled with both hind legs as it turned around

in the stun box then sat down. No regulatory

control action was taken as I remained in the area.

The sow remained sitting quietly until

approximately 1039 when the second stunning

attempt with a firearm made the sow insensible.

Mr. Frank Groff, Plant Owner, was notified of the

Noncompliance and the failure to adhere to the

regulatory requirements of 9 CFR 313.30(a)(1) and

313.30(a)(3). This noncompliance record (NR) is

being linked to NR UTC2114045906N-1, dated

April 6, 2018.  Corrective actions of retraining on

stunning has either been ineffective or not

properly applied.

CLOSED

M9442+P9

442

Groff Meats

Inc.

UTC261

406211

5N-1

06/15/2018 06/15/2018 04C02 Livestock

Humane

Handling

313.2,

313.30 (a)(2)

HAT Category VI – Electric Prod Use Today,

Friday, June 15, 2018, at approximately 0915

hours while observing humane handling in the

pen area and I

observed an employee excessively use the

activated electric prod to move a market hog. The

employee tapped the hog with the activated prod

several quick times to get the hog to turn around,

at which time the hog squealed. The employee

then continued to use the activated prod in a

quick tapping fashion as the hog walked into the

stun box. The prod was activated thirteen times.

No regulatory control action was taken as Mr.

Frank Groff, Plant Owner, was notified and took

immediate corrective action. This is noncompliant

with 9 CFR 313.2 and 313.30(a)(2).

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 133

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9442+P9

442

Groff Meats

Inc.

UTC521

108542

9N-1

08/29/2018 08/29/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

HATS Category VIII - Stunning Effectiveness On

August 29, 2018, at approximately 1210 hours

while performing humane handling verification

activities at Establishment 9442, I,

 observed the following

Noncompliance. A roaster 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 a head then heart

stun. When the stunner made the first stunning

attempt behind the ear, the stun device did not

make proper contact with the hog as indicated

by the hog squealing loudly then it ran away

squealing to the other side of the stun box.  No

regulatory control action was taken as the stunner

took immediate corrective action by re-stunning

the hog on the head with the stun device, which

made hog insensible. He then proceeded with the

heart stun. Mr. Frank Groff, Plant Owner, was

notified of the Noncompliance and the

Establishment's failure to adhere to the regulatory

requirements of 9 CFR 313.30(a)(1) and

313.30(a)(3).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 134

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9482 Espey's Meat

Market

YHK161

307432

5N-1

07/25/2018 07/25/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

July 25, 2017, at approximately 0850 hours while

performing humane handling verification activities

at Establishment M9482, I 

 observed the following Noncompliance. The

Establishment moved an Market Hog  into the

stun box for stunning with a hand held captive

bolt. The Hog  was standing freely in the stun box.

As the Stunner made the first stunning attempt

with the captive bolt, the hog  moved its head.

The stunning attempt hit the head as evidenced

by the hog's  sudden movement away from the

stunner and a spot on the head where the captive

bolt hit, but the hog remained standing and

vocalized. The stunner took immediate corrective

action by re-loading the captive bolt and

delivering a second stun, which made the hog

 insensible. Mr. Joe Espey , Plant Owner, was

notified of the Noncompliance and the

Establishment’s failure to adhere to the regulatory

requirements of 9 CFR 313.15(a)(1).”

CLOSED

M9489 Werry's

Provision

KUL200

907311

6N-1

07/16/2018 07/16/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(i),

313.16(b)(2)

HAT CATERGORY Stunning Effectiveness At

approximately 0845 hours while and

myself were observing the first animal being

stunned I observed the following deficiency. A

plant employee calmly moved the animal into the

stunning area.The plant was not able to utilize the

head restraint because it was longhorn cattle. The

first shot did not render the animal unconscious

with the 22 caliber rifle. I observed the animal

trying to right itself. The person in charge of

stunning immediately retrieved a higher caliber

rifle(22 Magnum)per their robust humane

handling program. The subsequent shot did

render the animal unconscious. During post

mortem inspection I observed 2 holes in the head.

This is a violation of FSIS regulations 313.16(a)(1),

313.16(b)(1), and 313.16(b)(2). Mr. Werry was

notified orally and in writing with this NR of the

noncompliance..

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 135

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9489 Werry's

Provision

KUL471

007111

6N-1

07/16/2018 07/16/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.2(f)

HAT CATERGORY Stunning Effectiveness At

approximately 1100 hours while and

myself were observing a steer being stunned we

observed the following deficiency. I observed the

animal calmly being led into the stunning area.

The plant was able to utilize the head restraint.

The first shot with the captive bolt stun gun did

not render the animal unconscious. The stun gun

discharged and the captive bolt stuck in the

animals head. The animal remained standing. The

person in charge of stunning immediately

restunned the animal with the captive bolt as per

their robust humane handling program. The

subsequent shot did render the animal

unconscious. During post mortem inspection I

observed 2 holes in the head. This is a violation

of FSIS regulations 313.15(a)(1) and 313.13(2)(f). 

Mr. Werry was notified orally and in writing with

this NR of the noncompliance. Similar

noncompliance documented earlier in the day.

CLOSED

M9687+P9

687+V9687

Lee Bixler's

Country Meats

WDB56

070958

28N-1

09/28/2018 09/28/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water Availability On

September 28, 2018, at approximately 0745

hours while

 was performing a 30

day verification visit for a humane handling

suspension, she observed the following

noncompliance.  There was one small pig in a pen

with a tall water bucket that was not able to be

accessed by the pig due to it being unable to

reach the water in the tall bucket.  There was a

short black bucket in the pen but it was empty.

 Mr. Ken Stiely, Plant Owner, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.2(e) which requires animals have access to

water in holding pens.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 136

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9701 Holland

Brothers Meats

AMO27

060811

07N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS CATEGORY VIII: STUNNING EFFECTIVENESS 

On Tuesday, August 7, 2018, at approximately

7:00 AM, while performing a livestock humane

handling task and verifying for stunning

effectiveness on cattle, I observed the following

noncompliance. A Hereford Steer, was quietly and

calmly moved to the stunning box where an

establishment employee was prepared to use a

hand held captive bolt to stun the animal. Just as

the employee went to fire the captive bolt, the

steer moved its head slightly. When the stun was

made it did not render the animal unconscious.

The steer remained in a standing position and

alert, but did not vocalize. The stunner took

immediate corrective action by re-loading the

captive bolt and delivering a second stun, which

made the steer insensible. Upon observation of

the head immediately after the hide was removed,

it was observed that both stuns penetrated the

skull. Both Brock Holland and Mike Holland, Plant

Owners, were notified of the noncompliance and

the establishment's failure to adhere to the

regulatory requirements of 9CFR 313.15(a)(1).

CLOSED

M9704+V9

704

Springfield

Meat

Company

QGE081

108401

7N-1

08/17/2018 08/17/2018 04C02 Livestock

Humane

Handling

313.2 On August 17, 2018 approximately at 1150, while

I was performing a Humane Handling task in the

Livestock Holding area which is next to the Kill

Floor, I observed the following noncompliance.

While I was watching a Truck Driver unload 3

cows, I noticed the driver slapped a cow in the

face repeatedly to get it to turn around. I

immediately informed the Barn Supervisor, who

corrected the truck driver right away and at that

moment the truck driver began to move the cows

in a humane way. After observing the next 2 cows

being unload, I did not notice any further issues. I

informed the Plant Manager Keith Dewitt that this

was a noncompliance of  9 CFR 313.2

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 137

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9706 Baringer Bros.

Meats

CTF290

906351

2N-1

06/12/2018 06/12/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) Category VIII On June 12, 2018 at approximately

0830 hours while performing humane handling

verification activities, I 

 was with  when the

following noncompliance occurred: This

establishment uses a rifle to stun cattle. For safety

reasons, and I were behind a wall

during stunning but still listening to the stunning

process. While a black angus steer was in the

knock box, and I heard the first

shot. Instead of hearing the animal fall to the

ground, as is customary after shooting, I instead

heard normal breathing and snorting, not

consistent with an agonal breath after stunning. I

then heard a second gunshot and the 'All Clear'

from establishment personnel, signaling that

stunning was complete. and I

stepped out from behind the wall and confirmed

that the animal was insensible. Examination of

the skull revealed two full-thickness defects in the

forehead of the animal. This observation,

combined with what we heard after the first shot,

confirmed that the first stunning attempt did not

effect immediate unconsciousness. Mr. Jon

Baringer, Plant Owner, was notified of the

noncompliance and the establishment's failure to

adhere to the regulatory requirements of 9 CFR

313.16(a)(1). Similar non-compliances occurred

on 2/6/18  (CTF0309024706N) and

6/13/17 (CTF1307061514N).

CLOSED

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 138

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9784+P9

784+V9784

Leona Meat

Plant Inc

OMK51

120850

30N-1

08/28/2018 08/30/2018 04C02 Livestock

Humane

Handling

HATS Category VII Slips and Falls On August 28,

2018, at approximately 1030 hours while 

and DDM Dr. Lynda Lilyestrom

were observing the moving of a young beef by the

Plant employee into the stun box for stunning,

they observed the beef slip and fall as it turned

the corner from the pen alley way into the entry

to the stun box.   The beef slipped and fell onto its

abdomen on the stun box entry floor.   The floor

was concrete without any bedding on top, which

might help with slipping. No RCA was taken.  The

establishment placed wood chips for traction on

the floor.  Mr. Eric Faust, Slaughter Floor Manager

had been moving the beef and was informed that

this is non-compliant with the regulatory

requirements of 9 CFR 313.1(b).

CLOSED

M20760 USA Pork

Packers Inc

YKM52

100649

19N-1

06/19/2018 06/19/2018 04C02 Livestock

Humane

Handling

313.30(a)(4),

313.30(b)(3)

Category VI - Electric Prod/Alternative Object Use 

6/19/2018    1130 hours. On Tuesday June 19,

2018 approximately at 1130 hours when I was at

the slaughter floor watching the stunning

procedure I saw the following noncompliance: I

saw the stunning employee stunning a market

hog approximately 260 Lb. (Head-Heart electric

stunning) and after he applied the electric current

on the hog I noticed that the hog was not

rendered unconscious by vocalizing loudly. After

the hog was immediately moved to the shackling

table I noticed that he was vocalizing loudly, the

hog was not rendered unconscious after applying

the first stun. I saw the stunning employee

performing an immediate corrective action by

applying a second stun while the hog was on the

shackling table which was effective and rendered

the hog unconscious. I informed Junior Colon,

plant supervisor and Wayne Kreisl Jr, plant

manager with the noncompliance. The plant was

not compliant with 9 CFR 313.30 (a)(4) and 9 CFR

313.30 (b)(3).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 139

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M562 JBS Green Bay,

Inc.

QSM38

090717

20N-1

07/18/2018 07/18/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 9:45am on 07-18-18, while

performing HATS task VIII Stunning Effectiveness,

 observed the following

noncompliance associated with HATS category VI. 

 observed a stubborn dairy cow

refusing to go into the restrainer. The

establishment associate located at the top of the

lead-up attempted to get the dairy cow to go into

the restrainer by forcefully using the vibrating rod

on the cows back and rump. Unsuccessful, the

associate began using the “hot shot” on the dairy

cow, shocking the animal 2 times continuously for

approximately 15 feet. Still unsuccessful at getting

the dairy cow into the restrainer, the area

Supervisor used the “hot shot” 3 more times,

shocking the animal continuously for

approximately 15 feet. On the last use of the “hot

shot”, the dairy cow moved into the restrainer

and was rendered unconscious. 

 remained in the lead-up area to

observe the cattle being moved into the restrainer

to find that the associate at the top of the lead-up

continued to forcefully use the vibrating rod on

the backs and rumps of the cattle causing some to

jump or kick.  When the last dairy cow in the lot

arrived at the top of the lead-up, the associate

forcefully pushed the vibrating rod across the top

right side of the back/rump area causing the

animals hair to be removed. was

unable to verify at this point if the forceful use of

the vibrating rod on this animal had caused

anything more than hair removal. As 

was leaving the area to get a better

view of the carcass, 

 had arrived at the knocking area. All of

the observations and/or concerns were discussed

with , whom stated that she would

review the cameras. proceeded

to the trailing end of the electric carcass

stimulator in the blood pit to observe the

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 140

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

back/rump area of the animal for any markings

and/or injury. An approximate 4 inch bloody

scratch was observed where the vibrating rod had

been forcefully pushed across the back/rump area

of the animal. took an

immediate regulatory control action by stopping

the production line and informed area

 and 

 of the observations. After

verbal corrective actions were received, regulatory

control was relinquished and kept

the production line off, photographed the mark

on the animal and called all of the Harvest

department management personnel to the area.

(b)(6) (b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 141

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M952 BEF Foods, Inc. YUC121

307471

2N-1

07/11/2018 07/12/2018 04C02 Livestock

Humane

Handling

313.2 On July 11th around 6 am while performing part

of my Humane Handling task, I noticed that there

were 2 lots of  sows from Duplin Rosehill and

Goods that arrived on the official premises  July

10th that were still in the barn. There were also 3

sows  that were held due to vesicular lesions

that arrived July 9th. At that point I

asked  the team leader if he fed the

sows that were from the Goods, Duplin Rosehill

and the sows with Vesicular lesions from Zantingh

and Florence producers. He said that he had not

yet but he was going to soon. I went upstairs to

find the paperwork for the time that the sows

arrived on the premises. The paper work stated

5:40 am July 10, 2018 for the Goods load; 5:30

am July 10, 2018 for the Duplin RoseHill load;

9:50pm, July 9 2018 for the vesicular sow from

Florence; 12:12 July 9 2018 for the vesicular sows

from Zantingh. The record shows that these sows

were not fed until 6 am July 11. I informed James

that the establishment would receive an NR for

not being in compliance because those sows

previously mentioned above were on the premises

longer that 24 hours with out access to feed. He

said that the sows would be fed. I checked about

an hour later and I saw evidence of feed. 

The establishment is in violation of regulation CFR

313.2(e). The regulation states that Animals shall

have access to water in all holding pens and, if

held longer than 24 hours, access to feed.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 142

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M952 BEF Foods, Inc. YUC340

908101

7N-1

08/14/2018 08/17/2018 04C02 Livestock

Humane

Handling

313.1 On 8/14/18 at approximately 5:35am I, 

 was in the process of performing part

of the Livestock Humane Handling task. While

watching a sow walk onto the restrainer to be

electrically stunned, I observed that the bottle

sharp edges and corners of the metal drop gait

that closes behind the sow were completely

exposed. The rubber that normally covers that

part of the gait was absent. The bottle of the

metal drop gait has multiple sharp corners

exposed to the sows as the gait closes behind

them that routinely comes in contact with their

back or hind parts. I immediately took regulatory

control action by informing the plant

employee operating the gait that I would be

placing US rejected tag No.B41819857 restricting

it from use until the sharp corners and edges were

covered. The rubber was replaced and I removed

the tag at approximately 5:52am. Approximately

an hour later I informed 

 that there would be a

Noncompliance record issued for the particular

incident. The establishment is in violation of

31.1(d) Livestock pens and driveways shall be so

arranged that sharp corners and direction reversal

of driven animals are minimized.

(b)(6)

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 143

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M1816+V1

816

West Michigan

Beef Co. LLC

TMB40

140641

25N-1

06/25/2018 06/25/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category VI At approximately 1330 hours

while coming through the barn into the alley after

tagging some deadstock, the 

observed the following non-compliance. A

Holstein cow was down in the alley just outside

the personnel door to the slaughter floor with

several cattle in a separate gated section of the

alley between the PHV and the down animal. The

 opened up

the livestock side entrance door to the knocking

area of the slaughter floor and came outside to

handle the Holstein animal with a short prod in

his hand. All prods observed to be utilized at the

establishment are of the handheld battery

operated variety. Using vocalizations the animal

was unable to be coaxed to rise. added

use of the short prod to his handling regimen

making contact with the animal several times

along the torso and up near but appearing to be

behind the face of the animal. No vocalizations of

the cow or audible zaps of the prod were

discernible at this time, but the animal did appear

to react to the prod being used. With the animal

still remaining in the down position,

walked up the alley into the enclosed area where

the chute system begins and retrieved a different

longer prod. He then began to use the second

prod in the same fashion as the first prod to the

extent that the animal 

zaps of the

prod were also heard by the PHV during this

handling attempt then stopped

prodding the animal and briefly went inside onto

the slaughter floor. As he was coming back

outside, was heard communicating to

another employee that the cow wasn't going to

get up. Upon coming out to the down cow, 

 opened a gate going down the hill of the

alley and began shifting the position of the animal

in what looked to be to make space for the several

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 144

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

cattle further down the alley to be able to walk

past the down cow. However, during this handling

of the down cow, again utilized the

long prod with audible zaps to the extent that the

animal again vocalized. At this point, the PHV

spoke up requesting to halt the prod use on the

animal. made his way to the

slaughter floor and spoke to the 

where he provided him a summary of

what was observed and that a noncompliance

report would be issued. The requirements of

9CFR313.2(b) were not met.

M1816+V1

816

West Michigan

Beef Co. LLC

TMB15

050713

26N-1

07/25/2018 07/26/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII On July 25, 2018, at 0925

hours, while conducting ante-mortem inspection,

an ineffective stun was observed on a cow that

had become non-ambulatory inside the chute

leading up to the knock box. She was down on all

four legs, with one back leg wedged in-between

the metal guard rail. One attempt with the electric

prod was made, and the cow gave no indication

that she would rise from her position. The

employee entered the chute and administered a

knock with a hand-held captive bolt. The cows’

head remained upright, blood was coming out of

her nostril and she had normal eye responses

(blinking and eye movement), and consciously

moved her head. The employee took immediate

corrective action and stunned the animal again,

which rendered her unconscious. Ron

Vanderboom Jr., Plant Operations, was notified of

the non-compliance and that the requirements of

9CFR 313.15(a)(1) were not met. This

non-compliance is linked to

NR # TMB2312041330N for an ineffective stun

dated April 30, 2018.

CLOSED

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 145

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M1962+P1

962

Perry Way

Foods, LLC

LIN351

608042

7N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness.  At

0930 hours on 08/27/2018 

 and myself observed the following Humane

Handling noncompliance.  Two plant employees

were going to stun a down sow that had been

passed for slaughter as a U.S. Suspect.  One

employee restrained the sow with a hog snare and

the second employee fired the captive bolt gun. 

The shot sounded slightly muffled and the bolt

struck the sow between the eyes but did not

penetrate.  The sow was conscious and squealed

and had powder burns on the forehead.  It

strained against the snare trying to right itself and

had normal, tracking, rapid eye movement.  The

gun was reloaded, a second shot fired, and the

sow was rendered unconscious.  I notified 

of the noncompliance.  I

took a verbal control action and stopped the

slaughter process at the electrical stunning

station.  After corrective actions and preventative

measusres were received from 

, I removed my verbal control action and

slaughter operations were resumed.  I informed

 that a noncompliance

record (NR) would be forthcoming.

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 146

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M2574 Wolverine

Packing Co.

RPA141

008210

3N-1

08/03/2018 08/03/2018 04C02 Livestock

Humane

Handling

313.2 Category III – Water and Feed Availability 

Category IV – Handling During Ante-Mortem

Inspection At approximately 5:20am on August

3, 2018, I entered the barn to perform

ante-mortem inspection.  The barn employee was

still in the process of moving lambs into pens. 

There were no animals in the actual down-ramp

section of the unloading area, but there were

many animals in the long walk-way section of the

barn (along the entrance to pens 8-13) waiting to

be put into pens. The barn employee finished

moving the animals and closed the gate to this

area.  This area was very crowded, with many

animals unable to place all four feet on the

ground due to lack of space.  The animals were

also panting heavily.  The barn employee then

asked for ante-mortem inspection on all of the

front pens.  After I saw the crowded condition in

that long walk-way section (temporary pen), I

stated that I would only perform ante-mortem

inspection on pen #1 (in order to get the plant

started for slaughter), but immediately after that,

the animals needed to be re-located because they

were packed particularly tight.   About 15 minutes

later (after a few minutes of ante-mortem

inspection on pen #1 lambs and after the barn

employee was almost finished moving all of the

tightly packed animals out of that long walk-way

section), I noticed him dragging an animal from

that temporary pen area in the opposite way of

the pens.  I immediately looked at the animal

more closely and determined that he was

dragging a dead lamb (which had no visible

injuries).  I then asked the barn employee if all the

animals had walked off the truck normally, and he

said yes.  All of the animals were in pens at that

point.  Two pens were very tight with animals (but

not as tight as to the animals being literally on top

of each other), so that it would be very difficult for

animals in certain locations of the pens to

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 147

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

maneuver themselves to gain access to water. 

The above is a violation of 9 CFR 313.2(a) which

states: Driving of livestock from the unloading

ramps to the holding pens and from the holding

pens to the stunning area shall be done with a

minimum of excitement and discomfort to the

animal. Also, in violation of 313.2(e) which states:

Animals shall have access to water in all holding

pens. The above events were immediately

discussed with .  He was told

that a noncompliance report would be issued. 

There have been no similar noncompliances in the

past 90 days.

M10147+P

10147+V10

147

Countryside

Quality Meats,

L.L.C.

PVG171

406002

5N-1

06/25/2018 06/25/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III—WATER AND FEED

AVAILABILITY At approximately 1500 hour on

06/25/2018, while verifying livestock access to

water, I found “Humane Slaughter of Livestock”

noncompliance.  I observed 3 sheep held in a pen

did not have access to drinking water.  There was

no potential source of drinking water in the pen as

there was no pan or tray for water to be placed

in.  This finding illustrates noncompliance with 9

CFR 313.2 (e), due to an animal in a holding pen

did not have access to water. I notified 

 of the above described finding as soon as I

discovered it.  In addition, I immediately notified

 that the above findings would be

documented on a noncompliance record.  To

address this finding, establishment personnel

immediately placed a water pan in the pen and

filled it with water.  I verified access to water at

1520 hour. This document serves as notification

that continued failure to meet regulatory

requirements could lead to further regulatory or

administrative action.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 148

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M10147+P

10147+V10

147

Countryside

Quality Meats,

L.L.C.

PVG151

407033

1N-1

07/31/2018 07/31/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III—WATER AND FEED

AVAILABILITY At approximately 1355 hour on

07/31/2018, while verifying livestock access to

water, I found “Humane Slaughter of Livestock”

noncompliance.  I observed that a hog held in a

pen 1 did not have access to drinking water.  The

water trough in pen 1 was completely dry at the

time of my observation and there was no other

source of drinking water in the pen.  This finding

illustrates noncompliance with 9 CFR 313.2 (e), 

because an animal in a holding pen did not have

access to water. I notified of the

above described finding as soon as I discovered it. 

In addition, I immediately notified 

that the above findings would be documented on

a noncompliance record.  To address this finding,

establishment personnel immediately filled the

water trough in pen 1 with drinking water. In

plant inspection personnel documented a similar

noncompliance finding, on noncompliance record

PVG1714060025N/1, dated 6/25/2018.  To

address this noncompliance finding establishment

management instructed all employees that all

livestock must have access to water.  However,

this action has not prevented further findings of

humane handling noncompliance. This

document serves as notification that continued

failure to meet regulatory requirements could

lead to further regulatory or administrative action.

CLOSED

(b)(6)(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 149

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M10147+P

10147+V10

147

Countryside

Quality Meats,

L.L.C.

PVG211

008002

1N-1

08/21/2018 08/21/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III- Water and Feed Availability At

0702 went to the livestock areas to

observe the animals being held for today’s

slaughter. Just prior to performing Ante- Mortem

inspection along with Humane Handling activities,

I observed that there four swine in pen number 2

with no visible water available. In the process of

further inspection it appeared that the water in

the metal tank had been blocked from flowing

into the basin by bedding from the pens. I

informed 

and of the failure to

have water accessible to the swine being held in

pen number 2. At 0710 I observed 

 remove the blockage along with

the float valve that was determined to be causing

the water not to fill into the basin.  After the

corrective actions were verified, and water was

observed to be available, I explained to the

establishment manager that I would be

documenting noncompliance under Humane

handling Category III which is verifying the

requirement that water be available to animals at

all times.   Under this category, l verified that the

establishment is in noncompliance with 9 CFR

313.2(e). A similar *noncompliance report was

documented, on 07-31-2018 on *NR

PVG1514070331N/1.This noncompliance report

identifies the same basic root cause, and was

responded to 07-31-18 by stating; Explained to

new employee All animals need to have access to

water. He filled it. Also informed a few employees

to monitor the water levels better. The

implementation of this training/monitoring may

have proven ineffective for the current

circumstances. This document serves as written

notification that your failure to comply with the

regulatory requirements could result in additional

regulatory or administrative action.

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 150

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M10252 Berry & Sons

Rababeh Isl

Slau

ZEN521

207461

7N-1

07/17/2018 07/17/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV - Handling during Ante-Mortem

Inspection At approximately 9:05am on 7/17/18,

 was on the kill floor at a Halal

lamb slaughter establishment when the following

occurrence took place.  The barn at this location is

approximately 10 feet above the kill floor.  A lamb

was shackled on the rear foot and the ring at the

end of the chain was placed on the hook and rail. 

The lamb was then moved off the platform, where

it was hanging prior to the ritual cut being made.

 observed that the lamb fell and

landed on its feet on the kill floor.  The shackle

and chain was still attached to the lamb’s foot. 

The lamb was herded by a plant employee back

into the barn. observed no injuries

and watched the lamb walk normally back into

the pens.  He immediately halted any further

slaughter by rejecting the shackling area with US

Rejected Tag # B41853013.  He also notified his

, who was present in the

establishment.  After a discussion took place with

Mr. Yasseen Rababeh (Owner) at 9:20am, the US

Rejected tag was removed. The above occurrence

is noncompliant with 9 CFR 313.2(a) which states:

Driving of livestock from the unloading ramps to

the holding pens and from the holding pens to the

stunning area shall be done with a minimum of

excitement and discomfort to the animal.  Mr.

Yasseen Rababeh was notified that a

noncompliance report would be issued.  There

have been no similar noncompliances in the past

90 days.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 151

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21108 Gary's Meat BND26

090532

22N-1

05/21/2018 05/22/2018 04C02 Livestock

Humane

Handling

313.30(a)(3) On May 21, 2018 at approximately 0800 hours

while performing a Humane Handling Review at

Gary’s Meats Est. (M21108) which does not utilize

a Robust Humane Handling System with

   and

I along with and 

observed the following. While attempting

to stun the fifth sow, I observed 

, Stunner applied the

stunning wand to the head of the sow incorrectly

with only one electrode making contact to the

head of the sow.  The sow dropped to the floor

and vocalized once producing an ineffective stun.

 within

one second immediately stunned the sow again

with the electrical stunning wand rendering the

sow insensible to pain. then verified

by direct observation the second stun attempt

successfully rendered the sow insensible to pain.

 stopped

stunning procedures and took over stunning

responsibilities until he could retrain

. The miss stun is a Noncompliance with

9 CFR 313.30(a)(3) “The quality and location of

the electrical shock shall be such as to produce

immediate insensibility to pain in the exposed

animal.” Plant Manager Mike Smith was notified

of the situation and that a Noncompliance Record

would be issued. After reviewing Noncompliance

History there are no same cause Noncompliance

Records to associate at this time.

CLOSED

(b)(6)

(b)(6)(b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 152

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21352+V

21352

H & P Meats XIG340

906220

4N-1

06/04/2018 06/04/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

VIII. Stunning Effectiveness (9 CFR 313.16) At

approximately 0904 hrs this date,  

 observed the following non-compliance. 

attempted to stun a large sow using a 22 magnum

long rifle with CCI 22 magnum ammunition.   The

initial stun failed resulting in the sow showing

signs of consciousness by continuing to stand as

well as vocalizing.  

 immediately applied a second

application of the stun which resulted in

effectively rendering the hog unconscious.  At

this time a regulatory control action was initiated

by rejecting the knocking box with US

Reject/Retain tag B36837505 and the district

office was notified of the circumstance.  Through a

review of the establishments MOI file I 

 confirmed that had

determined on 5/26/18 that this establishment

did meet the criteria for having a Robust

Systematic Approach to Humane Handling and

Slaughter.  This information was relayed to the

District office which instructed IPP that because of

the establishments successful immediate

corrective action,  its recent history of successful

stunning and its maintenance and

implementation of a Robust Systematic Approach

to Humane Handling and Slaughter the failed stun

should be documented on an NR. At this point the

regulatory control action was discontinued by

removal of the aforementioned reject/retain tag

and the establishment was allowed to proceed. 

There was approximately 10 minutes down time

due to this action.  Both 

 and were notified

of the non-compliance,   the plants failure to meet

regulatory requirements and the actions to be

taken by FSIS  which was to document the

non-compliance here-in.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 153

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21352+V

21352

H & P Meats XIG160

907323

1N-1

07/31/2018 07/31/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

VIII. Stunning Effectiveness (9 CFR 313.16) At

approximately 0729 on 7-31-18 I observed the

following non-compliance. attempted

to stun a 800 lb. beef using a .22 mag rifle using

CCI .22 mag ammunition. The initial stun failed

resulting in the beef showing signs of

consciousness by continuing to stand as well as

tracking eye movement. 

 immediately applied a second

application of the stun which  resulted in

effectively rendering the beef unconscious and

insensible to pain. The beef remained unconscious

through the process of sticking, hoisting, and

bleeding. Through review of the establishments

MOI file it was determined that the plant operates

under a Robust Systemic Approach to Humane

Handling plan. Through discussion with 

it was determined that the plant applied

immediate and effective corrective actions

in response to the failed first attempt stun and is

operating and maintaining a Robust Systematic

Approach to Humane Handling. Therefore the

failed fist attempt stun will be documented as a

non-compliance record. Establishment owner

Pete Westmoreland was notified of the

non-compliance.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 154

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20608+P

20608

The Pork

Company

KVC491

309202

7N-1

09/27/2018 09/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 10:45am while performing

ante-mortem inspection, the following

noncompliance was observed: I was standing at

the holding pen in the barn waiting to finish

ante-mortem inspection. The holding pen was full

of hogs that needed to be moved to a pen at the

back of the barn. Once they were moved I was

going to finish performing ante-mortem

inspection. However, when the barn employee

opened the gate to move the pigs there was one

down laying on its side. The employee made a few

attempts to get the pig to stand up using a paddle

but was unsuccessful. Another employee then

came into the barn and saw that the animal was

unable to rise. He said to go ahead and put the

animal down. The employee who had attempted

to get the animal up got a captive bolt gun and

stunned the animal, but the stun was ineffective.

The pig immediately sat up but did not vocalize.

There was a mark on the pig’s head where the

bolt gun had been applied and the pig’s nose

started to bleed. While I was looking at the pig I

saw the barn employee doing something to the

bolt gun through my peripheral vision. He then

attempted to stun the pig a second time and the

pig was rendered unconscious. The barn employee

who said to put the pig down stood next to me

and saw the incident happen. I told him that I

would be documenting a NR because it took a

second attempt to render the pig unconscious. I

then went inside the plant and notified 

, and 

 of what had just occurred

and that the plant would be receiving a NR. The

plant’s failure to ensure that pigs are rendered

unconscious from the first stun has led to

noncompliance with 9 CFR 313.15(a)(1).

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 155

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20855 Chenoa Locker,

Inc.

SSH400

906051

5N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 1. Five hogs in one of the establishment pens

didn't have access to water. Establishment

employee move them immediately to different

pen with access to water. .2. A trailer backed up

to the loading shoot to unload 1 porcine for

slaughter. It was observed that the owner of the

animal slid the trailer gate open and entered the

trailer. The trailer floor is approximately 18-24

inches off the ground. At this time the animal

stopped at the back of the trailer. The owner

proceeded to pushed the animal off the trailer

with his foot into the loading shoot. When the

animal fell off the trailer it hit it's lower jaw, chest

and jowl area on the ground. The animal

immediately got up and walked into the holding

pen showing no signs of serious injury. This

incident took place fast enough that plant and

inspection personnel didn't have time to stop the

owner from pushing the animal.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 156

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M20855 Chenoa Locker,

Inc.

SSH421

106101

3N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At approximately 10:30 a.m. a Humane handling

inspection was conducted and two discrepancies

were identified.  The two Humane Handling Hats

Categories that are not in compliance is Category

II (Truck Unloading) and Category III (Water and

Feed availability).    1.  There were 5 porcine in a

holding pen and did not have access to any water.

This is not in compliance with regulation 9CFR

313.2. Upon notification of the noncompliance

plant personnel immediately moved the animals

into a pen that had water available. 2.  A trailer

backed up to the loading shoot to unload 1

porcine for slaughter.  It was observed that the

owner of the animal slid the trailer gate open and

entered the trailer.  The trailer floor is

approximately 18-24 inches off the ground. At this

time the animal stopped at the back of the

trailer. The owner proceeded to pushed the

animal off the trailer with his foot into the loading

chute.  When the animal fell off the trailer it hit

it's lower jaw, chest and jowl area on the ground. 

The animal immediately got up and walked into

the holding pen showing no signs of serious

injury.  This incident took place fast enough

that plant and inspection personnel didn't have

time to stop the owner from pushing the animal.  

This is not in compliance with regulation 9CFR

313.1.      Plant management was immediately

notified of the findings and that an NR would be

issued.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 157

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21572+P

21572+V21

572

Robert Winner

Sons, Inc.

ELD310

806310

1N-1

06/01/2018 06/01/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling HATS activity Category 8,

Stunning Effectiveness. At approximately 0900

hours, during the humane handling verification

observation, observed

the following noncompliance. She observed

 attempted to stun a Bull

in the forehead via captive bolt. The first attempt,

 captive bolted the bull’s head and

the captive bolt went into the bull’s head but did

not render the bull unconscious and bull remained

standing with no vocalization, 

immediately grabbed the second loaded captive

bolt gun that was right beside him and proceeded

to render the bull unconscious with the second

attempt with a forehead shot. Due to the

immediate preventive measure, the knock box

was not rejected. was verbally

informed of the noncompliance by   

This represents a noncompliance with 9 CFR

313.15(a) (1) the animals shall be stunned in such

a manner that they will be rendered unconscious

with a minimum of excitement and discomfort.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 158

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21530 Cabrito

Market, Inc.

EOK021

606592

7N-1

06/27/2018 06/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

On Wednesday 27, 2018 at approximately 1018

hours, while performing Humane handling

inspection, and observed

the following non-compliance: During the

observation of ante-mortem and

observed an employee driving the animals

up the ramp into the slaughter entry door; we

noticed that the employee was handling the

animals in a unhuman manner by making loud

noises, grabbing goats, (3 goats), from the head

and horns in an attempt to make the “horned

goats” walk through an overhead gate leading to

the stunning area. Compared to the size of the

horned goats driven and slaughtered at the time

of this incident, the overhead gate opening was

not raised high enough to allow the “horned

goats” an easy walk through the gate.  We

notified of the

noncompliance failed to meet the regulatory

requirement of 9 CFR 313.2(a) & 9 CFR 313.30(a)

(2) was not meet. As an immediate corrective

actions stopped the employee and

addressed this issue with the rest of the

employees who normally handle and drive the

animals. This document serves as a written

notification to 

as notified of this noncompliance.

CLOSED

(b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 159

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21595+P

21595

Mayar's Halal

Meat

Processing

KPD221

207241

3N-1

07/11/2018 07/13/2018 04C02 Livestock

Humane

Handling

313.2 On 07/10/2018, while performing Humane

Handling Verification Task at the

Sheep/Lamb/Goat knock Box holding pen, during

the lunch break I ) observed 21 lambs

confined with no access to water.  

was notified of the noncompliance and of

the forthcoming noncompliance record at

approximately 1322 hours.  was

reminded that according to the regulation,

animals shall have access to water in all holding

pens.  immediately released the 21

lambs into a pen with access to water. Animals

confined to a pen without access to water is a

noncompliance with the regulatory requirements

of 9 CFR 313.2(e).

CLOSED

M7041+V7

041

Beltex

Corporation

CID180

708362

7N-1

08/24/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.2 HATS category IV: Ante-mortem excitement and

discomfort; 313.2 (a). On 08-24-2018 at

approximately 1:35 pm 

 reported to me that she observed a loose

feral swine in the plant alley. She reported that

the feral swine ran considerably while in the

process of corralling and a plant employee caught

the animal by the hind legs in retrieving it from a

narrow cluttered area in the ware house. The feral

swine sustained excitement and discomfort in the

process of corralling it back to the pens. This is a

vilolation of the cited regulation. I discussed this

matter with plant manager Ms. Lisa Hernandez

and informed her that a noncompliance record

would be issued.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 160

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21780+P

21780+V21

780

Burt's

Meat &

Poultry

QTD471

006001

2N-1

06/12/2018 06/12/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0930 while performing a

Livestock Humane Handling Verification task for

truck unloading, I observed Mr. Kermit Burt, Plant

manager, unload cattle, hogs and sheep into the

ante mortem holding pens. One of the two beef

was moved into the knock box with its neck in the

neck catch; the normal restraints immediately

prior to rendering the animal unconscious. At

approximately 1000 I returned to the slaughter

area as slaughter operations had not begun and I

observed the same bovine restrained in the knock

box neck catch and water was not provided as

required by 9CFR313.2(e). I informed Mr. Burt of

the noncompliance and that I would be

documenting this in a noncompliance record. The

establishment took immediate corrective actions.

CLOSED

M22029 Taylors Meat

Processing

EKE550

707192

6N-1

07/25/2018 07/26/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On Wednesday, July 25, 2018, I

, at approximately 0920 hours while

performing HATS category VIII verification,

observed the following non-compliance at Taylor’s

Meat Processing. The initial stunning gunshot

that was administered to the last boar for

slaughter did not render the boar unconscious.

The boar remained standing and briefly vocalized. 

The employee responsible for stunning, Brandon,

had multiple rounds loaded in the gun so he was

able to take immediate action and the boar was

rendered unconscious with a second shot.   

Carolyn Taylor was notified of this

non-compliance. This is in non-compliance with

9 CFR 313.16(a)(1).

(b)(6)

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 161

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21799 Olson Meat

Plant

ACL090

906280

5N-1

06/04/2018 06/05/2018 04C02 Livestock

Humane

Handling

313.2 On 06/04/18 at approximately 1608 hours, while

observing stocking densities in the pens, I

observed Pen #6, overcrowded with market hogs

being held overnight to be killed on 06/05/18. I

requested the opinion o ,

IIC, regarding the stocking densities of Pen #6.

 agreed the pen was overcrowded. 

 estimated approximately 110-115 market

hogs were located in Pen #6. Approximately

1/4 - 1/3 of the hogs did not have sufficient room

to lie down. I took regulatory control action (RCA)

and tagged Pen #6 with U.S. Rejected

#B42074664. I notified 

of the noncompliance at approximately

1610 hours. and 

 relocated approximately 30 market

hogs from Pen #6 to an empty pen. The RCA was

relinquished at approximately 1615 hours. The

finding of this observation was regulatory

noncompliance with 9 CFR 313.2(e). Failure to

comply with regulatory requirement(s) may result

in additional regulatory or administrative actions

as described in 9 CFR 500.4.

CLOSED

(b)(6) (b)(6)

(b)(6) (b)(6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 162

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21799 Olson Meat

Plant

ACL421

608160

2N-1

08/02/2018 08/02/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On 8/2/18 at approximately 1330 hours while

observing the humane handling of hogs in the

holding pens, I observed the following humane

handling noncompliance. I observed an

establishment employee move approximately 80

hogs from holding pen #2 into the staging area

and into the stunning carbon dioxide chamber.

The employee was observed to be using the

electric prod initially before switching to rattle

paddles and hog boards to drive the animals in a

slightly faster than normal walk out of the pen

and into the alleyway. Pen#2 and the alleyway

concrete flooring was covered in a mixture of

water, feces, urine and wet dirt of varying

thicknesses ranging from approximately 1/16th

inch to 1⁄2 inch. During my observations, I

witnessed approximately 20 hogs slip and of the

20 that slipped, approximately 8 fell.  I

mentioned to the employee my concerns about

the conditions of the floors in the holding pen and

in the alleyways as well as the speed in which he

was driving the animals. One of the 

 was in the near

vicinity and was told of the humane handling

deficiency as well as the forthcoming issuance of a

non-compliance with 9CFR 313.1(b) and 313.2(a). 

 informed me that he would speak with

the establishment employee about slowing down

and that they would try to stay more on top of

keeping the pens and alleyways clean to assist

with better footing for the hogs.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 163

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M21799 Olson Meat

Plant

ACL351

609510

6N-1

09/06/2018 09/06/2018 04C02 Livestock

Humane

Handling

313.2 On 9/6/18 at approximately 1250 hours while

examining a suspect market hog during ante

mortem I observed that the USDA suspect pen did

not have accessible water for the non-ambulatory

suspect hog. I also observed that the "USDA

Suspect" sign was on the ground, covered in dirt

and feces with faded, illegible lettering; thus was

no longer clearly marked. I took a regulatory

control action and placed a USDA Rejected tag

#B42074686 to the suspect ante mortem pen and

immediately informed 

and 

of the deficiency and forthcoming

issuance of noncompliance with 9CFR 313.2

(e) and 307.2(a). filled the

accessible bowl of water as well as cleaned and

reprinted the lettering "SUSPECT" on the sign on

the USDA suspect ante mortem pen. The RCA was

relinquished at approximately 1420 hours.

CLOSED

M21799 Olson Meat

Plant

ACL361

409480

7N-1

09/07/2018 09/07/2018 04C02 Livestock

Humane

Handling

313.1 On 9/7/18 at approximately 0845 hours while

preforming ante-mortem inspection I, 

and observed 

 move approximately 85 market

hogs around in pen #4. moved the

animals at a normal walking speed but 

and observed at least 10 hogs

slip and 3 hogs slip and fall down. 

was informed of the deficiency and

forthcoming issuance of a non compliance with

9CFR 313.1(b). This noncompliance record is

being associated with NR#ACL4216081602N-1

dated 8/2/18 for a similar root cause. Continued

noncompliance could result in further

administrative or enforcement action.

CLOSED

(b)(6) (b)(6)

(b)(6) (b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 164

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M22095+P

22095+V22

095

Creston Valley

Meats

QOI581

006212

2N-1

06/20/2018 06/20/2018 04C02 Livestock

Humane

Handling

313.2 At 7:15 am while unloading a trailer of pigs

 pushed a sitting, conscious

pig across the floor of the trailer and over the

edge onto the floor of the pens. The pig had been

standing, but sat down, and the employee

immediately pushed it. While it was being pushed

the pig attempted to stand. It was pushed over

the edge of a trailer that was approximately 18

inches of the ground. It landed partially sitting on

its left hind side, but had its other 3 legs

underneath it. Pushing conscious animals is

prohibited and noncompliant with 9CFR

313.2(d)(2).

CLOSED

M22095+P

22095+V22

095

Creston Valley

Meats

QOI561

006002

6N-1

06/25/2018 06/25/2018 04C02 Livestock

Humane

Handling

313.1 HATS II: Truck Unloading. At 12:30 today I

observed 

unload two steers from a trailer. The trailer was

approximately two feet off the ground, and was

not equipped with a ramp. As the first steer

attempted to jump out of the trailer, it slipped in

manure, fell out of the trailer and landed hard on

its knees. It got up and walked away with no signs

of lameness. The second steer exited without

falling. This is noncompliant to 9 CFR 313.1(b).

There was no manager on the premises. After a

previous noncompliance for truck unloading for a

market hog was issued on 6/20/18, the

establishment stated that their corrective actions

would include using a ramp and having a manager

help or oversee trailer unloading. This

noncompliance is being linked to the NR issued on

June 20, 2018. Additional enforcement action

may be initiated if your proffered corrective

actions are not followed adequately to prevent

inhumane noncompliances to 9 CFR 313

regulations.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 165

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M22095+P

22095+V22

095

Creston Valley

Meats

QOI511

107581

3N-1

07/12/2018 07/12/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At 7:15am while performing a HATS Task Category

II Trailer Unloading, I observed the establishment

unloading a trailer with 12 sheep, one of which

was lying down in the middle of the trailer.  Plant

manager, Ryan Beyler, drove sheep from the back

of the trailer, which resulted in 3 of the sheep

stepping directly on the sheep that was lying

down. The establishment moved the animal once

USDA noted the noncompliance of 9 CFR

313.2(a).  He then continued unloading the trailer

and pushed sheep to get them to move, and in

two instances this caused them to slip and fall to

the floor of the trailer. Once a trailer enters the

premises it becomes part of the establishment,

and it is the establishment’s responsibility to

ensure that the animals inside are unloaded

humanely, without slipping and falling, and with a

minimum of excitement and discomfort as

outlined in FSIS Directive 6900.2 Rev 2 Humane

Handling and Slaughtering of Livestock. The

regulations regarding humane slaughter of

livestock can be found in 9 CFR Part 313. The

observed situation is noncompliant with 313.1(b)

“Floors of livestock pens, ramps, and driveways

shall be constructed and maintained so as to

provide good footing for livestock. Slip resistant or

waffled floor surfaces, cleated ramps and the use

of sand, as appropriate, during winter months are

examples of acceptable construction and

maintenance.” And 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 a minimum of excitement and

discomfort to the animals. Livestock shall not be

forced to move faster than a normal walking

speed.” I notified Ryan Beyler of the forthcoming

noncompliance. In the past month, there have

been two other noncompliances related to trailer

unloading at Creston Valley Meats, including

several instances where animals slipped and/or

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 166

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

fell while exiting the trailer. On 06/20/2018 (NR

QOI5810062122N/1) an employee pushed a

sitting, conscious pig out of a trailer, where it fell

to the pen floor. The establishment’s corrective

actions were to instruct employees not to push

animals, have a manager supervise unloading and

to procure a ramp to use on trailers. On

06/25/2018 (NR QOI5610060026N/1) a steer

slipped while exiting a trailer, and fell onto the

pen floor. The establishment’s corrective action

was again to procure a ramp. Also on 06/26/2018

MOI QOI4715063227I was written for a trailer

unloading incident where several cattle slipped

and fell while inside a trailer. As of this incident

the establishment has still not provided a ramp for

unloading. This noncompliance is being linked to

the above mentioned NRs on 06/20/2018 and

06/25/2018. Repetitive failure to prevent these

non-egregious occurrences may lead to further

enforcement actions.
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 167

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M22095+P

22095+V22

095

Creston Valley

Meats

QOI382

108270

6N-1

08/06/2018 08/06/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

On 8/6/2018 at approximately 15:55 hours while

performing a routine Livestock Humane handling

task and the Humane-Handling Activities Tracking

Systems (HATS) category VIII- Stunning

Effectiveness. I observed a non-compliance with

the title 9 Code of Federal Regulations (CFR)

313.15(a)(1) and 313.15(b)(1)(iii); as described

below. I watched 

restrain 1 conscious

lamb with his body inside the knock box. He

positioned the captive bolt stun gun on the head

and discharged the gun. At the moment of

discharge I saw the lamb move its body. I

observed prior to the second attempt a hole from

the discharged stun gun on the far right side of

skull. I observed the lamb still conscious, standing

on its own power and blinking instinctively. No

vocalization came from animal. immediately

applied a second captive bolt stun gun to the

lamb, rendering the animal unconscious. I took

regulatory control action (RCA); stopped the

stunning of anymore animals, and tagged

knocking chute with U.S. reject tag#B31784454. I

observed the head after the bleeding process and

confirmed that there are 2 holes from the captive

bolt stun gun. The first stunning attempt

placement was approximately 1⁄2 inch from the

center on right side of skull. The second stun

appeared appropriately placed in the center of

head; which was the stun that rendered that

animal unconscious. I informed

 of the stunning

failure at approximately 15:58 hours and that a

non-compliance would be documented, because

the first stunning attempt did not render the lamb

immediately unconscious, per 9 CFR 313.15(a)(1).

The establishment is also non-compliant with

313.15(b)(1)(iii), because knocking chute is

designed for large animals (i.e. cattle) and the

operator could not effectively apply the captive

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 168

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

bolt gun to render the animal unconscious in one

shot. The establishment management informed

me that would not be performing stunning

for the remainder of day. Simon Caleb (owner)

said he would have 1 employee work together

with captive bolt operator, using a shield to keep

the lambs under control

while the operator performs the stunning. At

16:01 hours, I released the knocking chute and

normal operations resumed.

M22095+P

22095+V22

095

Creston Valley

Meats

QOI181

208332

4N-1

08/23/2018 08/23/2018 04C02 Livestock

Humane

Handling

313.1 HATS VII: Slips and Falls. At 8:15 am on August 23,

2018, I watched the load

one cow into the knock box. A second cow

attempted to enter the knock box, and the

employee waved an apron in its face. The second

cow ran backwards, slipped in manure on the

floor of the loading chute, and landed on the

ground on both front knees. As it fell, it hit its

nose and began to bleed. The cow continued to be

excited, and it slipped to its knees again in

manure, and also slipped and fell to the ground on

its rump, while in the loading chute leading to the

knock box. I notified plant manager Ryan Beyler of

the noncompliance. He took the corrective action

of washing the manure out of the loading chute.

Once the pens and loading chute were clean of

manure, no additional cows slipped or fell. No

similar noncompliances have been recorded in the

previous 90 days.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 169

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M27300 LRN

Processors, Inc.

MXN58

150601

13N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On June 13, 2018, at approximately 1230 hours, I,

, was observing stunning

and sticking at the stunning platform, verifying

stunning effectiveness and that the animals

remained unconscious as part of my routine

Humane Handling tasks, and observed the

following noncompliance. I observed the knocker

attempt to stun a small Holstein calf; the captive

bolt gun went off with a soft muffled sound, and

the impact caused the calf to drop to its knees,

but did not produce immediate insensibility. The

calf’s head was still up and was obviously alert

and conscious, with ears up, eyes open, and

reacting to its surroundings.  The knocker took

immediate corrective actions and within a few

seconds administered a second knock that was on

target, which rendered the calf insensible. 

Noticing that and Plant

Manager Dora Solis were present on the kill floor,

I informed them that there was a humane

handling noncompliance for an ineffective stun

that failed to produce immediate

unconsciousness. I placed U. S. Rejected tag No.

B43364507 on the entry to the stunning area and

instructed the QC they could finish with the

animals that were already hanging.  I would

require the plant’s corrective actions prior to

resuming slaughter. At approximately 1322 

 informed me of the plant’s corrective

actions of replacing the knocker for the day with a

more experienced employee, and would

thoroughly inspect the captive bolt guns and use a

fresh box of bullets.  Finding these corrective

actions to be satisfactory, I removed the U. S.

Rejected tag. 9 CFR 313.15(a)(1) requires that

“the captive bolt stunners shall be applied to the

livestock in accordance 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

CLOSED

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 170

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

a manner that they will be rendered unconscious

with a minimum of excitement and discomfort”.

M27440 Valley Beef,

Inc.

VEJ471

006551

1N-1

06/11/2018 06/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At 0930 on 11 June 2018, 

observed the following incident while

performing the Stunning Effectiveness component

of a Humane Handling verification at M27440. 

 was standing at the front of the knock

box, out of direct line of sight of the animals but

able to view the animals through a crack in the

door.  A large Jersey calf (approximately 6 months

old) was knocked once with a penetrating captive

bolt gun by the routine 

  The animal remained standing and

conscious, did not vocalize or appear distressed

(thrashing about, rearing, etc.).  A second stun was

applied with the back up captive bolt gun

approximately 20 seconds after the first stun,

without prompting from SPHV.  This knock

rendered the animal insensible, as confirmed first

by the stun man and then by . The

first stun was approximately 2 inches laterally

displaced from the correct location on the skull. 

The second stun was in the center of an "X'"

drawn between the ears and lateral corners of the

eyes was

notified of the impending non-compliance at

approximately 0940. The operator is currently

under a Verification Plan for a humane handling

incident occurring 30 May 2018.  The operator

does have a robust humane handling program

that was revised in response to the May event. 

There have been no related non-compliances

issued for this establishment in the last 6 months. 

Large calves are not additionally restrained with

the knock box intended for adult cows.

(b)(6)

CLOSED

(b)(6) (b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 171

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M27364+V

27364

Edgefield

Prime Meat

Company

TSH250

607192

7N-1

07/26/2018 07/26/2018 04C02 Livestock

Humane

Handling

313.2 On 7-26-2018 at 0630 upon arriving at the

establishment, I witnessed animals and started

the days Ante-Mortem inspection. There was not

any water available for the animals in the holding

pens. There were three animals in three different

pens. One hog in pen #4 with a container but

empty. One beef in pen #5 with a container but

also empty. The last beef in pen #6 had no

container and no access to any water. I notified

 and of the issues and

water was placed inside the pens immediately.

Regulation 9 CFR 313.2(e), which requires that

water be available to livestock in all holding pens,

and that animals held longer than 24 hours have

access to feed, was not met and resulted in a

non-compliance. The animals were not held at the

establishment for more than 24 hours so food was

not needed.

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 172

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M31559 Rantoul Foods,

LLC

DRJ451

505063

1N-1

05/31/2018 05/31/2018 04C02 Livestock

Humane

Handling

313.2 Category IV- Ante-mortem Inspection Category IInclement Weather On May 31, 2018 at

approximately 1115 I, and Intern

 entered the barn in order to perform

ante-mortem inspection of recently delivered

hogs. We observed hogs exhibiting signs of heat

distress in pens 19 through 25 (approximately

75% to 80% of hogs in each pen were panting and

open mouth breathing). All barn employees were

on their lunch break and all sprinklers were off.

Hogs in pens 26 to 31 did not look in distress

(Most likely because they were unloaded earlier

and I observed the sprinklers to be fully

functioning during my previous trip to the barn

around 0920). 

showed up around 1120 and I directed his

attention to the condition of the animals in pens

19 through 25. He immediately sent his employee

to turn the sprinklers on and animals stopped

panting and breathing with open mouth shortly

after the sprinklers were on. After the lunch break

I found Plant Manager Mike Welu and informed

him that I would issue non-compliance record

with regard to the incident. Every prudent

establishment is expected to minimize animals

discomfort during unloading, moving and holding

animals before slaughter. In case of hot weather

animals should be protected from heat exhaustion

and heat distress (The air temperature outside the

barn was in the mid-80s during inspection).

Therefore this was non-compliance with section

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 a

minimum of excitement and discomfort to the

animals.” This non-compliance record serves as a

warning that further violations of humane

handling regulations for hog slaughter may lead to

more serious enforcement actions.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 173

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M31561+V

31561

Maple Ridge

Meats LLC

PMM01

140956

18N-1

09/18/2018 09/18/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 1242 hours on September 18,

2018, the following noncompliance was

found. While returning from lunch, I ,

entered the offloading area with plant employee

 observed in the center pen 2

sheep and 2 swine with no water access in this

pen. Upon notification, the plant employee

immediately provided water to the animals.

, was

immediately notified verbally and in writing of

this noncompliance. This is noncompliant with 9

CFR 313.2(e).

CLOSED

M21265+P

21265+V21

265

Smucker's

Meats

RYI4913

083407

N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water and Feed Availability  

 On Wednesday, August 8, 2018, at approximately

1310 hours, , observes

the following noncompliance in the live pen area;

there were two cattle that were not in the holding

pen area, cattle were in the far back alley way and

did not have access to water. Currently, there

were three cattle in stun chute area. There was

water location in the holding pen area. A review of

the establishment anti-mortem paper shows these

cattle was inspected for anti-mortem at 0545

hours, August 8, 2018. Mr. Jay Smucker was

informed of the observation. Establishment

management has received oral and written

communication concerning this noncompliance.

Previous NR number RYI1013054603N/1, dated

May 3, 2018, and plant action that was not

implemented or effective in preventing recurrence

of the noncompliance.  This is a violation of 9 CFR

313.2(e) that stated, “Animals shall have access to

water in all holding pens and, if held longer than

24 hours, access to feed.” Continued failure to

comply with regulatory requirement could result

in additional enforcement action described in 9

CFR part 500.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 174

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M31866M

+P31866+V

31866

Woodson

County Prime

Meats Pro

HHK291

509511

8N-1

09/18/2018 09/18/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

At approximately 0908 hours on September 18,

2018, while conducting humane handling

verification under HATS Category VIII (Stunning

Effectiveness), I ) observed

the following non-compliance during slaughter

operations. A establishment employee used a 410

gauge shotgun to stun a Holstein steer. After the

initial stunning shot, the animal lifted its head and

dropped its hind quarters and leaned heavily

against the side of the chute away from the

knocker. The animal remained conscious based on

my observation of it's heavy breathing and

blinking eyes. The establishment employee

immediately took a second shot and the animal

dropped below my line of site as the

establishment employee(s) then went to their

backup weapon, a .22 caliber magnum rifle. After

the animal dropped below my line of site I was

unable to properly determine if the actions of the

employee failed to produce an unconscious

animal after the second shot or the additional

shots were merely safety knocks. Based on these

observations, I notified Tim Genoble, Plant

Manager of the stun failure violation immediately

after it was determined the Holstein steer was

unconscious and insensitive to pain. The above

described event is non-compliant with 9 CFR

313.16 (a) (1) & (3). I verbally notified Mr.

Genoble that an NR would be issued.

CLOSED

M18988A+

P18988A+

V18988A

Ebels Family

Center, Inc.

BXK001

007582

4N-1

07/17/2018 07/24/2018 04C02 Livestock

Humane

Handling

313.2 OPEN

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 175

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M18988A+

P18988A+

V18988A

Ebels Family

Center, Inc.

BXK561

007002

4N-1

07/24/2018 07/24/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III-Feed and Water Availability At

approximately 1115 on 07/24/2018 the following

humane handling noncompliant condition was

observed: Four bovine animals were held on site

for more than twenty four hours and were not fed

as was evident by a lack of feed or feed residue in

and around the pens. The animals were located in

pens #1 and #2. The four animals were observed

by IPP while doing ante-mortem inspection of

bison on 07/23/2018 at approximately 0930. The

establishment had changed their slaughter

operation start time for 07/24/2018 to 1200

instead of their normal start time of 0730. Since it

was so close to the start of slaughter operations

the animals were not fed due to the increased

likelihood of carcass contamination. This is a

violation of 9 CFR 313.2(e) which states that all

animals will have access to feed if held at the

establishment longer than 24 hours. Continued

failure to meet regulatory requirements may

result in enforcement actions as described in 9

CFR 500.4.

OPEN

M32158+P

32158+V32

158

The Royal

Butcher LLC

BXF101

507080

5N-1

07/05/2018 07/05/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III-Water and Feed Availability On

July 05, 2018, at 10:05 AM while performing ante

mortem inspection I observed 2 sheep in the pen

without water. This is a noncompliance with 9 CFR

312.2 (e), which states that “animals shall have

access to water in all holding pens.”  Royal

Larocque (plant owner) and 

 were notified verbally about

the noncompliance.  They supplied water to the

animals immediately.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 176

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M33845+V

33845

Moonlight

Meat

Processing Inc

PPQ120

707182

5N-1

07/25/2018 07/25/2018 04C02 Livestock

Humane

Handling

313.1 Hats category #3.07/25/2018 at

700am, Moonlight Meat Processing Inc . When

arriving at the establishment I, walked

around the establishment to observe the animals

in the pens. There were 8 small hogs in one pen

and they had been held overnight and at this time

there was no water in the pens.  The

establishment fail to comply with Hats category

#3 water and feed availability. Anna Bays,Plant

owner was notified of this noncompliance.

CLOSED

M33971+V

33971

McNees Meats

and Wholesale

LLC

LWA43

100707

23N-1

07/23/2018 07/23/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III- Water and Feed Availability. 

On 7/23/2018 at approximately 850 hours while

performing ante-mortem inspection in the barn

on an incoming shipment of live cattle being

unloaded the following non-compliant condition

was observed by when walking through

the barn. The Pen 3 and Pen 4 (dry) water

containers were observed placed on top of the

pens. Pen 4 contained 4 lambs and pen 3

contained 6 lambs. The lambs contained in pen 3

did not have ample room to lay down. No other

means of access to water was observed provided

for pens 3 or 4. No regulatory action was taken

because moved all of the

lambs to a larger pen and provided them access to

water after notified Mr. McNees of the

observation. The above non-compliant condition

is a violation of 9 CFR 313.2(e). notified

Mr. McNees of the violation and informed Mr.

McNees (Owner) that a Non-compliance Record

(NR) would be documented to record the

observations made today. There have been no

similar non-compliances issued in the past 90

days.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 177

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34056+P

34056+V34

056

Olsen Farms

Meats

XIC591

306082

8N-1

06/28/2018 06/28/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On June 28, 2018 at approximately 1145 hours, I,

 while performing a routine

Humane Handling task HATS Category VIII,

Stunning Effectiveness at Est. 34056 Olsen Farm

Meats found the following noncompliance. 

During the knocking of the fourth beef steer, while

using all appropriate restraints, 

 shot the steer with a .357

caliber pistol with .357 bullets. The steer moved

its head at the last second causing the bullet to

enter the steer at the center of the head below

the eyes in the top of the nose area.  The beef did

not vocalize but remained standing with blood

flowing from his nose, the steer moved his

head back and forth but had no other reaction.

 immediately reaimed

his .357 caliber pistol, paused no more than 10

seconds for the beef to stop moving and

immediately refired his gun hitting the steer at the

correct target placement.  The steer immediately

dropped and was rendered insensible. 

 was

immediately called and informed of the

noncompliance. I performed an inspection of the

head to confirm the bullet placement and

confirmed that the first shot hit the nose and

the second shot hit in the center of the correct

target zone. I informed Owner Kira Olsen and

 of the

non-compliance.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 178

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34056+P

34056+V34

056

Olsen Farms

Meats

XIC191

607472

7N-1

07/27/2018 07/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On July 27th, 2018 at approximately 11:30 am,

while performing a routine Livestock Humane

Handling Task HATS Category VIII, Stunning

Effectiveness, at Est. 34056 Olsen Farm Meats, I,

 observed the following

noncompliance. A steer remained sensible after

the first attempt to knock it using a captive bolt

stunning gun. The steer remained standing in the

chute and lifted its head; he did not vocalize or

move wildly. ,

using the loaded and ready 0.357 caliber rifle,

immediately rendered the steer insensible. 

Although the steer had not been caught in the

head gate, he was calm and did not perform

evasive moves in the chute. His head and body

remained still when the initial blow was delivered;

he did not back away or move side-to-side. The

captive bolt gun placement was in the correct

anatomical position and the angle, perpendicular

to the skull surface, appeared correct. Inspection

of the skull confirmed appropriate placement of

the initial captive bolt shot. The steel bolt had

penetrated the skull but did not penetrate the

brain adequately to render insensibility. The

captive bolt gun had been loaded with a blue

“heavy load” cartridge, in accordance with the

manufacturer’s instruction manual. Based on my

observations of the steer in the chute at the time

of the shot and of the physical evidence, the root

cause of this noncompliance was malfunction of

the stunning equipment and not inadequate

restraint. This is noncompliant with 9 CFR

313.15(a). and

 were notified verbally of

the noncompliance and owner Kira Olsen was

notified in writing.

CLOSED

Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 178

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34056+P

34056+V34

056

Olsen Farms

Meats

XIC191

607472

7N-1

07/27/2018 07/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On July 27th, 2018 at approximately 11:30 am,

while performing a routine Livestock Humane

Handling Task HATS Category VIII, Stunning

Effectiveness, at Est. 34056 Olsen Farm Meats, I,

 observed the following

noncompliance. A steer remained sensible after

the first attempt to knock it using a captive bolt

stunning gun. The steer remained standing in the

chute and lifted its head; he did not vocalize or

move wildly. ,

using the loaded and ready 0.357 caliber rifle,

immediately rendered the steer insensible. 

Although the steer had not been caught in the

head gate, he was calm and did not perform

evasive moves in the chute. His head and body

remained still when the initial blow was delivered;

he did not back away or move side-to-side. The

captive bolt gun placement was in the correct

anatomical position and the angle, perpendicular

to the skull surface, appeared correct. Inspection

of the skull confirmed appropriate placement of

the initial captive bolt shot. The steel bolt had

penetrated the skull but did not penetrate the

brain adequately to render insensibility. The

captive bolt gun had been loaded with a blue

“heavy load” cartridge, in accordance with the

manufacturer’s instruction manual. Based on my

observations of the steer in the chute at the time

of the shot and of the physical evidence, the root

cause of this noncompliance was malfunction of

the stunning equipment and not inadequate

restraint. This is noncompliant with 9 CFR

313.15(a). and

 were notified verbally of

the noncompliance and owner Kira Olsen was

notified in writing.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 179

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34056+P

34056+V34

056

Olsen Farms

Meats

XIC321

108441

3N-1

08/10/2018 08/13/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On August 10, 2018 at approximately 1200 hours,

I, while performing a routine

Livestock Humane Handling Task HATS Category

VIII, Stunning Effectiveness, at Est. 34056 Olsen

Farm Meats observed the following

non-compliance. A steer remained sensible after

the first attempt to knock it using a .357 caliber

rifle with 357 bullets.  The steer remained

standing and arched his neck and put his nose in

the air then lowered his head with his eyes

looking around. The steer did not vocalize but had

blood pouring from his nostrils. 

 immediately reaimed the

.357 caliber rifle, aimed and shot the steer, which

dropped and was immediately insensible.  The

steer had been placed in the head gate and all

appropriate restraints were used. Inspection of

the steer skull showed the first shot was directly

between the eyes hitting the sinuses.  The second

shot was approximately 2 inches higher and in the

target zone. This is noncompliant with 9 CFR

313.16(a) which states: The firearms shall be

employed in the delivery of a bullet or projectile

into the animal in accordance with this section so

as to produce immediate unconsciousness in the

animal by a single shot.......................the animal

shall be shot in a manner that they will be

rendered unconscious with a minimum of

excitement and discomfort. 

 and Owner Kira Olsen were informed

that an NR would be written.

CLOSED

M33927+P

33927+V33

927

Nelson's Meat

Processing, LLC

BUX471

006120

6N-1

06/06/2018 06/06/2018 04C02 Livestock

Humane

Handling

313.2 On 6/6/2018 at approximately 1015hrs while

verifying HATS category III, the following

noncompliance was found. There was one beef  in

pen # 1 with no available water. was

notified of the noncompliance and had the

noncompliance corrected immediately. . This is

not in compliance with 9 CFR 313.2(e). This

noncompliance will be discussed in the weekly

meeting.

CLOSED

(b)(6)

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 180

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M33927+P

33927+V33

927

Nelson's Meat

Processing, LLC

BUX121

206020

8N-1

06/08/2018 06/08/2018 04C02 Livestock

Humane

Handling

313.2 On 6/8/ 18 at approximately 8:15 am while

verifying HATS category lll, the following

noncompliance was found. There was 4 swine’s in

pen #1 and there was 2 swine’s in pen#2 with no

available water and feed availability. 

was notified of the noncompliance and had the

noncompliance corrected immediately. This is not

in compliance with 9CRF 313.2(e). A similar

noncompliance was written on 06/06/18

BUX4710061206N/1 and association of these

noncompliance will be discussed in the next

weekly meeting. The preventive measure have

either not been implemented or have not been

effective. Continued linkage could result in further

regulatory action as described in 9CFR 500.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 181

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34265 Naturally New

Mexico Food

Products LLC

TJS321

208251

0N-1

08/09/2018 08/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HAT Category VIII: Effective Stun- Captive bolt 9

CFR 313.15(a)(1) On Thursday, August 09, 2018

at approximately 0937 hours while performing

Humane Handling Task the following

noncompliance was observed; failure to

effectively stun. A new employee, failed

to render a sheep unconscious and insensible to

pain on the first attempt with a hand held captive

bolt. The sheep was bleeding from the hole in the

left side of it’s head and remained standing. The

immediate corrective action consisted of 

 whom was located near

to the Knock box, getting a bullet and applied an

immediate second knock.  The sheep was

successfully stunned evidenced by it being

rendered unconscious and insensible to pain. 

 and 

r were notified that an NR

would be issued. The establishment failed to

meet the regulatory requirements of 9 CFR

313.15(a)(1) The captive bolt stunners shall be

applied to the livestock in accordance 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 manner that

they will be rendered unconscious with a

minimum of excitement and discomfort. 

Continued failure to comply with Regulatory

Requirement (s) could result in additional

regulatory or administrative actions per 9 CFR

500.4. Documented by 

CLOSED

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 182

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34660 Tran Meat

Corporation

XVC281

006090

1N-1

05/31/2018 05/31/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water/Feed Availability;

Regulation 9 CFR 313.2(e), Regulatory Control Tag

#B36347441. On May 31, 2018 at approximately

0800 hours, while performing Ante mortem

Inspection (HATS Category IV) at Establishment

34660, Tran Meat, I observed the following

noncompliance. The water supply for feral hog in

holding pen not provided.  Also at 1200 hour, I

observed a calf on the transportation trailer

without any access to the water, the plant

manager claim that the calf will be moved to

different area on the plant with water

accessibility, however at 1400 hour, the calf was

still being held for slaughter on the transportation

trailer without any access to the water.  The plant

manager was notified immediately, and moved

the trailer to an area with water supply accessible

for the calf. I took Regulatory Control of holding

pens and tagged with tag # B36347441 at the

entrance to the pen. Water supply to pens with

feral hogs was provided, and I removed the tag.

The establishment failed to comply with 9 CRF

313.2(e) “Animals shall have access to water in all

holding pens”. This document serves as written

notice that your failure to comply with regulatory

requirements could result in additional regulatory

or administrative action.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 183

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34699 Cox Butcher

Shop

TDU081

207470

6N-1

07/03/2018 07/06/2018 04C02 Livestock

Humane

Handling

313.1 On 7-3-18 at 0700 as I inspected the empty

holding pens I noticed several places that the wire

panels that are welded to the walls had pulled

lose and could become a hazard for injury to

bovine. I notified and Adam Cox of CFR

313.1 Livestock pens, driveways and ramps. (a)

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 the inspector, cause injury or pain to

the animals. Loose boards, splintered or broken

planking, and unnecessary openings where the

head, feet, or legs of an animal may be injured

shall be repaired.

CLOSED

M34543 Brewer Meats DFN151

606381

9N-1

06/19/2018 06/19/2018 04C02 Livestock

Humane

Handling

313.2 On June19, 2018 at approximately 1300 hour,

while performing HATS category (III) verifications, I

observed approximately 40 head of sheep in

holding pen #11.  The pen contained one water

trough located in the corner, and it was found to

be completely dry.  These animals had no free

access to water, and several sheep were observed

with their heads extended over the trough and

breathing heavily.  Regulation 9 CFR

313.2(e) requires livestock to have access to water

in all holding pens.  After requesting that a plant

employee locate a member of management, I

showed and discussed my observations with 

  I verbally notified her

that a humane handling noncompliance would be

issued.  A plant employee used a water hose to fill

the trough with water.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 184

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M31578 Trenton

Processing

Center, Inc.

LKK591

206052

2N-1

06/22/2018 06/22/2018 04C02 Livestock

Humane

Handling

313.30(a)(3) HATS Category VIII Stunning Effectiveness While

observing electrical stunning at establishment at

M31578 at approximately 10:30 am on 6/22/18

the following noncompliance was observed:  The

last 8 market swine for the day were dirt raised

Berkshire weighing over 350 pounds. The first

hog had been electrically stunned, head and

heart, and was about to be shackled and hoisted

when the FLS’ heard the barrow vocalize. No other

signs of consciousness were exhibited. The

stunner immediately re-stunned the animal.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 185

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M40169 Salazar Natural

Meats, Inc.

NHK09

170949

07N-1

09/06/2018 09/07/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On Thursday, September 6, 2018 at

approximately 1130 AM, I, 

performed a routine Livestock Humane

Handling task.  I specifically performed Category III

Water and Feed Availability and Category IV

Handling During Ante-Mortem Inspection.  Upon

inspection of the holding pen area of the

establishment I found one swine in the back

holding pen with no access to water.  The normal

watering container contained brown feces.  This

prevents the animals from having access to water. 

The requirements of 9 CFR 313.2(e) have not been

met.  No tag was issued.  I also observed red metal

wire twisted around the pen. The two ends of the

twisted metal wires were protruding into the

interior of the pen measuring approximately 2-3

inches in length.  These were noted to be lining all

inside aspects of the pen and there were

approximately 5-10 of them.  A secondary grey

metal wire was noted to be twisted around the

pen.  The two ends of these twisted metal wires

were protruding into the interior of the pen

measuring approximately 1 foot in length.  These

were noted to be lining all inside aspects of the

pen and there were approximately 5 of them.  The

grey metal wire was also noted on the ground on

the inside of the pen.  The metal wires found on

the ground measured approximately 2 feet in

length and there were approximately 5 of them. 

The condition of these pens appear likely to injure

animals due to the pens not being maintained in

good repair.  The requirements of 9 CFR 313.1(a)

have not been met. No tag was issued. I informed

Mr. Lucas Salazar, establishment owner, of the

noncompliance.  CA: 1) Removed dirty water

and refilled water bucket with fresh water

2) Removed wires from the ground and bent wires

noted on the pens so they did not stick out

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 186

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M40041+P

40041

Marksbury

Farm Foods,

LLC

NRW04

130935

12N-1

09/12/2018 09/12/2018 04C02 Livestock

Humane

Handling

313.2 On 09/12/2018 at approximately 0704 at

Marksbury Farms Foods LLC Establishment

#M40041 while performing Ante-Mortem

inspection observed no water in

pen #4 which is HATS category #3

immediately  notified 

 and Plant Manager

Leonard Harrison of this Non-Compliance 9CFR

313.2(e).Water Trough was filled with water and

slaughter allowed to resume.

CLOSED

M40246 Loretto

Butcher Shop

BZE151

308370

7N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 August 7, 2018 HATS category III: water and feed

availability.  The following non-compliance was

observed by the SVMO while performing the

Livestock Humane Handling task at approximately

0945 hrs. EDT at Loretto Butcher Shop (M40246),

Loretto KY: A bovine declared for Federal

Inspection was found in a holding pen without

access to water. An empty, heavily fecal

contaminated bottom portion of a 25 gallon (?)

plastic drum approximately 12 inches in height

was in the corner of the holding pen. HATS

category IV: ante-mortem inspection.  A second

non-compliance observed:  Two boards were

found in disrepair in the barn. In the alleyway

leading to the kill floor, a top board was found

broken and protruding into the alleyway; white

hair was sticking to the projection from an animal

previously in the barn (no white haired animals in

the barn today). A second bottom board was

observed disconnected from the posts with a

corner resting on the floor, protruding somewhat

into the alleyway with multiple rusty nails on the

backside exposed. The above observations were

brought to the attention of Plant Manager Joe

Mattingly, who was likewise informed of the

forthcoming non-compliance record.

CLOSED

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 187

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M44791 Doublebrook

Farm LLC

VUF231

008573

1N-1

08/31/2018 08/31/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At around 1115, the IIC witnessed the

establishment attempt to stun a large swine

(400lb) with a captive bolt in accordance with

their humane handling protocol.  When

administering the blow, the swine dropped to the

ground, but when they went to shackle, the swine

regained consciousness and stood up.  At this

point, the establishment tried to use the

secondary captive bolt, but could not get a good

placement as the pig was moving its head.  The

establishment then decided to use the electrical

stunner, which is usually reserved for swine under

380lb.  Application of the electrical stunning was

successful and the swine did not regain

consciousness throughout the shackling, hoisting,

or bleeding.  This all occurred within 5 minutes. 

This is in violation of 9 CFR 313.15(a)(1) which

requires immediate unconsciousness from a single

blow when using a captive bolt device to stun

animals for slaughter. This serves as notice of the

non-compliance and that future incidences may

result in further regulatory action.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 188

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M44801+P

44801

Halal

Transaction of

USA, LLC.

XJW491

005462

3N-1

05/23/2018 05/23/2018 04C02 Livestock

Humane

Handling

313.1,

313.30 (a)(2)

AN HUMANE HANDLING REVIEW WAS

PERFORMED TODAY BY 

ALONG WITH STATE 

AND . IT WAS DETERMINED

FROM THIS REVIEW THAT THE FOLLOWING

DEFICIENCIES EXISTED: 1-METAL WIRING IN

SEVERAL PLACES IN HOLDING PENS WERE

PROTRUDING WITH SHARP EDGES INTO THE AREA

WHERE ANIMALS WALKED THROUGH. 2- (4)

METAL BARS ON NORTHSIDE OF ANIMAL

WALKWAY LOCATED JUST BEFORE ANIMAL

ENTRANCE DOOR TO KNOKBOX, WERE CORODED

LEAVING BARS WITH NUMEROUS SHARP EDGES. 

3- BOTTOM AREA OF STAINLESS STEEL WALL

COVERING ON NORTHSIDE OF KNOCKBOX  IS

CORRODED REVEALING SEVERAL SHARP EDGES. 

4-METAL ON FLOOR OF KNOCKBOX IMMEDIATELY

WHERE ANIMALS ENTER IS LOOSE AND

CORROSIVE. ALSO

OBSERVED PLANT EMPLOYEES RUNNING OF

ANIMAL TO KOCKBOX AND THE

FOLLOWINGISSUES WERE OBSERVED; EMPLOYEE

GRABBED 3 ANIMALS BY THE HIND LEGS TO PLACE

THEM INTO KNOCKBOX AREA. EMPLOYEE WAS

OBSERVED USING A PADDLE AND/OR AN

ELECTRIC PRODDER AND WAS CONCERNED

ABOUT TRAINING OF EMPLOYEE IN THE USE OF

THESE ITEMS. PLANTS HUMANE HANDLING

PAPERWORK LIST A WEEKLY CHECK OF PLANT

FACILITY FOR HUMANE HANDLING ISSUES AND

TASK WAS COMPLETED AND MARKED AS OK

WITH NONE OF THE ISSUES STATED ABOVE BEING

FOUND.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 189

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M44824+V

44824

Western Meat

Processing, Inc.

XTB141

307491

9N-1

07/18/2018 07/19/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 1345 hours, I,

was in the livestock pens observing

humane handling, when I observed a Holstein cow

in pen # 7 in sternal recumbency.  Plant Manager

Fidel Ibarra stated that he was going to euthanize

the animal as it was non-ambulatory disabled and

would not rise.  Approximately 5 minutes after

Mr. Ibarra informed me of his plans to euthanize

the animal, I witnessed her rise and follow the

cows from pen 6 as they walked past her into the

turnout pen for the evening.  After she stood,

Mr. Ibarra instructed 

 to immediately move the cow

from the turnout pen to the chute leading up to

the knock box before she went down again. Once

the cow reached the alleyway that leads to the

crowd pen prior to the chute, Mr. Ibarra assumed

control of the animal and moved the cow through

the crowd pen into the beginning of the chute.  As

the cow entered the chute, she stopped almost

immediately and refused to move forward any

further.  Mr. Ibarra was behind the cow gently

tapping the cow on the rump with a hot shot that

was not activated in an attempt to get her to

move forward.  After several attempts to get her

to move, Mr. Ibarra used the activated hot shot

once to get the cow to continue up the chute. 

The cow managed to take approximately 3 steps

forward before her front feet slipped out from

under her and she fell to her knees.  She

immediately stood back up and managed to walk

the rest of the way up the chute to the knock box

with no further incident.  Once the cow entered

the knock box, I was able to note that the chute

was covered in a thick layer of wet feces almost

completely obscuring the cement of the entire

chute leading to the knock box.  Mr. Ibarra had

entered the establishment after the cow was

knocked and did not return to the pens, so I

immediately informed 

(b)(6)

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 190

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

 and of the

forthcoming noncompliance. The above cited

noncompliance is in violation with 9 CFR 313.1(b).

Failure to comply with regulatory requirements in

9 CFR could result in adulteration or

contamination of product and insanitary

conditions and could result in additional

regulatory or administrative actions as described

in 9 CFR.

M44910+P

44910+V44

910

Abattoir

Associates Inc.

JCH170

809321

4N-1

09/14/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

September 14, 2018, at approximately 0900

hours while performing humane handling

verification activities at Establishment 44910, the

following Noncompliance was observed by IPP.

The Establishment had a beef cow in the stun box

for stunning with a hand held captive bolt.

The cow was standing in the stun box with its

head captured in the head squeeze. As the

Stunner made the first stunning attempt with the

captive bolt, the beef cow moved its head. The

stunning attempt hit the head as evidenced by

the cow's sudden movement away from the

stunner but the cow remained standing. The

stunner took immediate corrective action by

delivering a gunshot with an already loaded and

available 410 shotgun, which made the beef

cow insensible. Examination of the skull afterward

revealed 2 separate holes which was consistent

with the initial ineffective captive bolt stunning

attempt and the subsequent gunshot. Mr. Jay

Young, Plant Owner, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1)."

CLOSED

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 191

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M44911+P

44911+V44

911

Kinikin

Processing

PNQ01

150950

11N-1

09/10/2018 09/10/2018 04C02 Livestock

Humane

Handling

313.2 On 09/10/18 at 0710, while examining the

establishment’s practice of Humane Handling

Category III Water and Feed Availability for of

animals; I, 

observed the following deficiencies in the holding

pen area of the establishment: An elk in the

center holding pen with no access to water.

Normal watering container was trampled on the

floor in the pen. The establishment was asked to

supply water to the animal, and they gave the elk

water. Owner Jennifer Prock stated she had given

the animal water the previous evening. All other

holding pens had water at start of operations. At

0810, three holding pens with pigs in each pen

were observed without access to water. Holding

pens had water in the pens at the start of the day.

Pigs were given more water, but continued to turn

over the water containers. Establishment’s current

watering system is not adequate to maintain

access to water in the holding pens. These are a

Category III Noncompliance which states “Water

and Feed Availability (9 CFR 313.2): Under this

category, IPP record their verification of the

establishment’s compliance with 9 CFR 313.2(e),

which requires that water be available to livestock

in all holding pens, and that animals held longer

than 24 hours have access to feed.”  The water

requirement was not met by Est. 44911 Kinikin

Processing. 

was notified of the watering in the pens and

corrective action began immediately. All animals

were given water. Note: that the USDA, 9CFR

313.2 (e )  FSIS Humane Handling regulations

states: that animals must have access to water in

all holding pens. was notified

verbally and in written form with this NR Not

official control actions were taken at this time due

to immediate corrective actions.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 192

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M9199+P9

199

SCR

International

Corp.

DZD251

106442

7N-1

06/27/2018 06/27/2018 04C02 Livestock

Humane

Handling

313.1 While performing the Live Stock Humane

Handling verification task this morning at approx.

10:30 AM the following noncompliance was

observed.  My Was

out by the pens while a truck was unloading hogs

when he noticed a 6’’ wide gap from the ramp to

the unload dock. The employee didn’t notice the

gap and was driving hogs down the ramp. My

supervisor had them stop unloading the animals

and let the employee know about the gap. The

employee had the truck driver back the truck up

closer to the ramp and push the ramp to the

unloading dock to remove the gap. My supervisor

then went to let me know what he had observed.  

No regulatory control action was given because

employee took immediate action to remove the

gap between the ramp and unloading dock before

unloading anymore animals. I notified Ms. Yanling

Liang (Plant Manager) of the noncompliance's and

of the plant’s failure to meet regulatory

requirements 313.1 (a).

CLOSED

M44950+P

44950+V44

950

Schrader

Farms Meat

Market

JKL451

207262

4N-1

07/24/2018 07/24/2018 04C02 Livestock

Humane

Handling

313.30(a)(1) HATS Category VIII - Stunning Effectiveness This

morning at 0945 hrs. while observing the

electrical stunning of a swine in the knock box in

the slaughter department at Schrader Farms Meat

Market M44950 the following non-compliance

was noted. Upon the first stunning attempt, the

swine jolted but did not drop to the ground. The

employee lost contact with the electrodes and the

swine began vocalizing loudly. The animal was

then stunned effectively as evidenced by the

swine collapsing into unconsciousness after which

it was hung, stuck, and bled without returning to

consciousness. US Retain Tag #B42171078 was

applied to the knock box and the plant was

informed of the noncompliance. The

establishment’s inability to render the swine

insensible to pain is not in compliance with the

regulation cited in block 6 above.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 193

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M44993+P

44993

Musa Halal

Slaughter

House, LLC

JAQ351

308590

2N-1

08/02/2018 08/02/2018 04C02 Livestock

Humane

Handling

313.2 While performing ante-mortem inspection at

approximately 1405 hours, I observed the

following noncompliance. A beef cow was being

transported from the holding pen to the stunning

area. Two employees were chasing the animal and

the animal was running back and forth from the

holding pen to the stunning area numerous times

and was struggling to turn around in the narrow

runway. The animal was not calm,was excited and

was forced to move faster than a normal walking

speed. I immediately notified the owner Mr.

Hammad Ahmad of the noncompliance. 9 CFR

313.2 Handling of Livestock (a) states:  "Driving of

livestock from the unloading ramps to the holding

pens and from the holding pens to the stunning

area shall be done with a minimum of excitement

and discomfort to the animals. Livestock shall not

be forced to move faster than a normal walking

speed." 

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 194

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M44998 Green Pasture

Meats Inc.

HTJ171

006551

2N-1

06/08/2018 06/12/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII - Stunning Effectiveness "On

June 8, 2018, at 1120 I ) was

observing stunning effectiveness at Establishment

44998 and observed the following

Noncompliance. The Establishment moved a

beef cow into the mobile stun box/squeeze chute

for stunning and restrained it in the headlock. I

was able to move 30 feet away from the chute

which is outside the mobile unit and protect

myself in front of the truck, out of line of the shot.

Protocol is after all stuns I am able to see the

stunner put the firearm down. The first stunning

attempt with a .410 caliber hand gun hit the

animal as evidenced by it recoiling backwards and

rolling its eyes upwards. However, the animal

remained standing and moved its head around in

a controlled manner.  Because the stunner did not

take immediate corrective action to re-stun the

cow, I told the stunner to re-stun the cow.  After I

moved to an area of protection (30 feet away), the

stunner then retrieved a bullet from the truck in

front of the mobile stun box, re-loaded the hand

gun, and re-stunned the animal with the hand

gun, 

ute, with U.S. Rejected tag #B19886819, which

was removed after consultation with the District

Office resulted in the decision for a

Noncompliance Record.  

, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.16(a) (1).”

CLOSED

(b)(6)

(b)(6) (b)(4)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 195

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M1061 Happy Valley

Processing Inc.

JYP481

009101

8N-1

09/18/2018 09/18/2018 04C02 Livestock

Humane

Handling

313.1 On 9/18/18 at approximately 11:00 am, a hog

escaped from the alley way of the holding

pens through an opening in the employee

walkway that was left open by an employee. This

is in violation of 9 CFR 313.1(a) Livestock pens,

driveways and ramps 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, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be repaired.

, replied that he would

implement a wooden gate over the opening in the

employee walk way as the plants corrective

action. As well as give further training to

employees on operating the new gate system.

CLOSED

M45208+V

45208

ASC Lockers,

LLC

XDY591

207471

9N-1

07/19/2018 07/19/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 1011 hours, while performing

HATS Category VIII, Stunning Effectiveness, in the

outdoor pens, observed

the following non-compliance: The establishment

employee attempted to stun a lamb with a .22

long rifle in the first gated alleyway in the outdoor

pen.  The first stunning attempt was ineffective

and the lamb remained conscious.  The lamb

remained standing and had blood coming from its

nose.  The establishment employee stated he shot

too low, recocked the rifle and immediately and

effectively rendered the animal unconscious on

the second attempt with the same .22 long rifle. 

 and reviewed the

lambs head and observed one shot was

approximately half way between, and less than

half inch, below the eyes. The second shot was

approximately half an inch above.  

verbally notified the establishment employee and

Mr. Aaron Koch, Establishment Owner, of the

non-compliance and the forthcoming

non-compliance record.  After discussing the

incident with the employee and owner, stunning

was allowed to resume.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 196

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45208+V

45208

ASC Lockers,

LLC

XDY151

309332

0N-1

09/20/2018 09/20/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 0617, while performing HATS

Category VIII, Stunning Effectiveness, I observed a

plant employee attempt to shoot at a beef in the

holding pen, within the establishment, at ASC

Locker. The animal fell to the floor on its right

knee, and after a couple of seconds, got back up

as the blood started to flow from the left nostril.

The employee immediately took a second shot

and successfully rendered the animal unconscious,

explaining to me, that the animal had moved at

the last second and was why he missed. Long, 22

caliber rifle shells were being used at the time. I

notified Aaron Koch, Establishment owner, who

was standing by the overhead, livestock entrance

door at the time, that his employee had failed to

effectively shoot the animal on the first try and a

report would be issued for the non-compliance.

 Since corrective action was effectively performed,

stunning was allowed to continue with the

remaining five beef in holding. No additional,

ineffective shots were observed. During a meeting

at 1120, I informed Shawn Koch, Plant Manager,

that his killfloor employee had failed to effectively

shoot the first beef on the first try, and that a,

non-compliance would be issued. We discussed

the employee mentioning, how the animal had

moved his head during the shot. This is not in

compliance with 9 CFR 313.16 (a) A similar

noncompliance with the same root cause was

observed on 7/19/18, in which, 

observed the ineffective stunning of a lamb using

a rifle on the first try. Noncompliance report,

XDY5912074719N was issued. ASC response to

this report stated: “Retrained employee regarding

dispatching procedures. Observation of procedure

since incident has been fully successful.” 

Preventative measure to correct ineffective

stunning, appear to have been ineffective or may

not have been implemented.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 197

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46707+P

46707

Hartland

Abattoir Corp

FMZ19

080856

22N-1

08/22/2018 08/22/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Livestock Humane Handling Category

VIII - Stunning Effectiveness At approximately

09:00 am, the following noncompliance was

observed. A captive bolt stun was applied to head

of a market swine. The captive bolt hit the swine

but it remained standing and vocalized. The

establishment took immediate corrective actions

to apply a second captive bolt stun, which

rendered the swine unconscious. The swine then

remained unconscious throughout the bleeding

process.  I informed Establishment Owner

Christine Britt of the noncompliance. This is

noncompliant with 9 CFR 313.15(a)(1) Review of

the past 3 months showed no similar

noncompliance.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 198

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45261 FM Meat

Products

Limited

Partnership

LXG171

709121

4N-1

09/14/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII: Observations for Slips and Falls

9 CFR 313.1(b) At approximately 0720 hours

while I , was performing a

humane handling verification for HATS Category

VII at M45261 the following noncompliance was

observed: Twenty five Animals were presented for

antemortem inspection in a side pen. The flooring

of the pen is constructed of smooth concrete and

contained a thin layer of moist cattle feces. As the

animals were being moved in the pen, three

animals were observed to slip (portions of the leg

other than the foot were observed to make

contact with the ground).  Additionally, at least

three additional animals were observed to skid

(continue to move forward under the force of

their momentum even though they tried to brake

with their feet) while moving in the pen.  Skid

trails were observed in the feces. 

was notified of the

noncompliance.  She immediately corrected the

noncompliance by instructing employees to move

all of the animals from the side pen into another

pen.  The new pen contained waffled/slip resistant

flooring that provided adequate flooring  and

footing for the animals.  No animals were

observed to slip once moved to the new pen.  No

U.S. reject tag was applied to the side pen as it

would not be used to house any further animals

that day.  The above noncompliance fails to meet

the regulatory requirements of 9 CFR 313.1 (b). 

This document serves as written notification that

your failure to comply with regulatory

requirement(s) could result in additional

regulatory or administrative action.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 199

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45272+V

45272

Real Meats LLC NWJ09

120844

16N-1

08/16/2018 08/16/2018 04C02 Livestock

Humane

Handling

313.1 On 16 August 2018, while performing a Livestock

Humane Handling Task, the following

noncompliance(s) were observed: There were

loose and protruding nails located throughout the

entire Feral Hog pen structure.  There was a

decomposing carcass of a Feral Hog in the Center

pen holding area There is insufficient drainage for

the holding pen located on the Left. The pen floor

is extremely saturated with water and unsuitable

for the storage of animals.   US Retained Tags

B43383959 and 960 were applied to the Left side

and Center pen holding areas. Plant Manager

Joey Long was informed of the noncompliance(s).

CLOSED

M45321 Upper Iowa

Beef LLC

BYF200

909341

4N-1

09/14/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water/Feed Availability- (9 CFR

313.2(e).  This morning at approximately 0655 I

was in the barn prior to performing ante-mortem

inspection at establishment #45321M.  A group of

8 cattle that were brought the night prior were

locked up by the alley leading into the knock box. 

Inside this pen was a drum cut in half that holds

approximately 25-30 gallons of water.  When I

observed this drum, it was found completely

empty of water.  These 8 head of cattle had no

access to water, which is non-compliance with 9

CFR 313.2(e).     The company immediately sent

these 8 head of cattle to the knock box after

ante-mortem inspection was performed.  

was told that an NR

would be issued.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 200

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8+V8 Iowa Premium,

LLC

VSH570

807241

4N-1

07/11/2018 07/14/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On Wednesday July 11, 2018, I, 

, was performing a HATS Category IV

task, antemortem inspection, at establishment

M8 when I observed a noncompliance. When the

cattle were removed from pen 24 for observation

in motion, I noticed one of the central gates

between pen 24 and 19 was ajar. There was a

steer between the pens that had gotten under the

metal grating that spans the gap between pens

over the manure pit. He was trapped between two

grates and had a large rubber mat on top of the

grating. He was struggling to escape and

vocalizing. Eventually he freed himself from the

between the grating, however he was still trapped

in the manure pit, which has walls approximately

4 feet high on either side. At this time I observed

fresh abrasions, lacerations, and hair loss along

the spine and tail head. He was still showing signs

of excitement and vocalizing. Three fence bars

were cut in pen 17, the shallowest area of the

manure pit, in an attempt to free the trapped

animal. He was unable to free himself of the

manure pit and the company decided to

humanely euthanize him. He was successfully

knocked with a handheld captive bolt device. This

is in violation of 9 CFR 313.1(a) and 313.2 (a). I

informed of

the impending noncompliance. Once the animal

was removed from the manure pit, the gates that

access the grating between pens 24 and 19 were

chained and locked closed.

(b)(6)

OPEN

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 201

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8+V8 Iowa Premium,

LLC

VSH270

908050

2N-1

08/01/2018 08/02/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

On August 1, 2018 at approximately 3:00 PM, I,

 was performing a

HATS category VIII task, stunning effectiveness, in

the barn of establishment M8 when I observed a

noncompliance. I observed the designated

knocker reach down with the handheld captive

bolt device and attempt to deliver a knock to the

forehead of a steer in the knock box. The animal

moved its head caudally at the moment the

captive bolt device went off and caused a small

penetrating wound on the center of the forehead

of the animal and did not render the animal

insensible. The animal remained conscious and

was still standing, breathing, and was evading

further contact with the knocker. The knocker

immediately then grabbed the backup cartridge

driven captive bolt stunning device rendered the

animal unconscious with a knock that was

approximately 1 inch ventral to the initial knock. I

took a verbal regulatory control action and

stopped the line. I  then informed skinning line

 of the noncompliance

and after verbal corrective actions and preventive

measures were in place I removed my regulatory

control action and allowed the line to resume. I

informed 

 of the issue and informed

them a noncompliance would be forthcoming.

The is noncompliant with 9 CFR 313.15(a)(1) and

313.15 (b)(1)(i).

CLOSED

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 202

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8+V8 Iowa Premium,

LLC

VSH481

308330

7N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

On August 7, 2018 at approximately1:15 PM, I,

 was performing a

HATS category VIII task, stunning effectiveness, in

the barn of establishment M8 when I observed a

noncompliance. I observed the

designated stunning employee reach down with

the pneumatic captive bolt device and attempt to

deliver a knock to the forehead of a steer in the

restrainer. The pneumatic captive bolt device

went off without making full contact to the

skull and caused a small penetrating wound on

the center of the forehead of the animal and did

not render the animal insensible. The animal

remained conscious and was still standing,

breathing, and was evading further contact with

the designated stunning employee. The stunning

employee immediately grabbed the backup

cartridge driven captive bolt stunning device

and rendered the animal unconscious. I took a

verbal regulatory control action and stopped the

line. I then informed 

 of the noncompliance and after verbal

corrective actions and preventive measures were

in place I removed my regulatory control action

and allowed the line to resume. I informed

 and

 of the issue and informed them a

noncompliance would be forthcoming. This

noncompliance is associated with NR

VSH2709080502N/1 dated 08/01/2018 as the

preventative measures proffered by the

establishment in response to the previous NR was

either not implemented or were not effective.

CLOSED

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 203

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M8+V8 Iowa Premium,

LLC

VSH421

508260

8N-1

08/08/2018 08/08/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

On August 8, 2018 at approximately1:20 PM, I,

 was performing a

HATS category VIII task, stunning effectiveness, in

the barn of establishment M8 when I observed a

noncompliance. I observed the designated

stunning employee reach down with the

pneumatic captive bolt device and attempt to

stun the forehead of a steer in the restrainer. The

pneumatic captive bolt device audibly

discharged making contact to the skull and caused

a small penetrating wound on the center of the

forehead of the animal approximately 1 cm in

diameter and did not render the animal

unconscious. The animal remained conscious and

was still standing, breathing, and was evading

further contact with the knocker. The stunning

employee immediately used the pneumatic

captive bolt stunning device to administer

a second stun and rendered the animal

unconscious. I took a regulatory control action,

tagging the knock box with U.S. Reject Tag

B41200804. I then informed 

 of the noncompliance and after immediate

verbal corrective actions and preventive measures

were in place I removed the regulatory control

action and allowed the line to resume. I informed

 of the issue and informed him a

noncompliance would be forthcoming. This

noncompliance is associated with

NR VSH4813083307 dated 08/07/2018 as the

preventative measures proffered by the

establishment in response to the previous NR was

either not implemented or were not effective.

CLOSED

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 204

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46822+P

46822

M. L.

Mitchell & Son

Meat

Processing

VCN441

209332

6N-1

09/26/2018 09/26/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 08:15 AM on 09/26/2018 at

M.L. Mitchell and Son (TA46822).  While

performing the HATS category 8, stunning

effectiveness, the Instructor from Jarvis was

showing the employees on how to use a captive

bolt (.25R – 6.3mm R caliber with the 4.0 grain

cartridge) and the following non-compliance was

observed. The instructor used the captive bolt on

the 1st cow of the day and the cow was stunned

but not rendered unconscious (the cow did not

vocalize or collapse, the head looked up and the

eyes were blinking and looking around).  The

instructor immediately reloaded and used the

captive bolt again which was successful. 

Regulatory control was taken on the Knock box

with U.S. Rejected tag # B38054267. The IIC had

the head skinned to inspect the captive bolt

knocks and one hole was above the eyebrow line

and one hole was about an inch above it. Kristi

Mitchell (Plant Owner) was immediately notified

of the non-compliance and the failure to comply

with 9 CFR 313.15(a)(1).  Plant owner gave verbal

corrective actions prior to the U.S. Rejected

tag # B38054267 being removed.  The corrective

action were to, dismiss the Instructor, continue

with the use of their robust system and use the

rifle, gun shot, for the rendering of the animal

unconscious until they get a better understanding

of the captive bolt and then start with small

animals and work up to cattle.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 205

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP260

705193

0N-1

05/24/2018 05/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 5/24/2018 at approximately 1200 hours, I, 

 observed the HATS category

of stunning effectiveness for the Livestock

Humane Handling task. I observed a water buffalo

cow require a second stun with a handheld

captive bolt device to properly stun the animal,

after the first knock didn’t produce full

unconsciousness. After the first stun, the cow was

still rhythmically breathing and flicking its ears;

there was no vocalization, or righting reflex.  As

the stunning employee took immediate corrective

action to properly stun the animal with a second

knock per the establishment’s written humane

handling protocol, and the establishment has a

written, robust systematic approach to human

handling, the act was not deemed egregious.  I

notified of the

noncompliance, and tagged the knock box with

US Reject tag No. B6139606 in accordance with 9

CFR 315 (c) until the establishment could provide

corrective actions to ensure that the first knock is

effective and that this issue would not occur

again.  The failure of the initial knock to produce

immediate unconsciousness is in violation of 9

CFR 313.15 (a) (1) and 352.10 (a) (5).   The

establishment proffered the corrective actions of

re-training the stunning employee in proper

placement of the captive bolt device, and taking

more time to ensure the first knock is effective.  In

addition, when knocking water buffalo, a second

employee will be available to assist with proper

head positioning.  The knock box was released

after the establishment provided adequate written

corrective actions at approximately 1300.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 206

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45392 TTJ Packing

Inc.

HNN30

150935

14N-1

09/14/2018 09/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 2:00pm, while observing HATS

Category V- Suspect and Disabled and Category

VIII - Stunning Effectiveness, I observed the

following noncompliance.  The stunner operator

attempted to stun the only cow left in the barn, a

non-ambulatory disabled cow in sternal

recumbency condemned on Ante-mortem

inspection.  The cow was moving her head

around, avoiding the stunner operator; however

the operator took his time for placement of the

shot with the hand-held captive bolt gun. The first

shot sounded muffled, however, I saw that the pin

extended from the gun, hitting the cow in the

forehead.  The cow remained conscious and in

sternal recumbency, crawled approximately 2 feet

from the stun site, and tossed her head.  The

back-up captive bolt gun was immediately

accessed and the operator used it to render the

cow insensible on the second shot.  There were

two wounds penetrating the skin and one wound

penetrating the skull on the forehead. No

regulatory control action was taken due to the

immediate and effective corrective actions

 was notified of the noncompliance.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 207

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M19290+P

19290+V19

290

Working H

Meats, LLC

NAW49

090957

11N-1

09/06/2018 09/06/2018 04C02 Livestock

Humane

Handling

313.2 On September 6, 2018, at approximately 0823

hours, I , while performing livestock

humane handling, I noticed that pen 7 had no

water. The establishment employee was walking

behind me and immediately picked up the water

hose and began filling the tub with water. The

establishment employee stated the he continues

to fill the tub, but the pigs keep kicking it over. I

looked in the pen on the ground and noticed it

was wet around the tub, also this tub is not secure

or grounded. The pigs were in no distress upon my

viewing. I continued to walk down the pathway

and came across pens 5 and 3 with no water. The

establishment employee followed me and began

filling these tubs as well. These tubs were secure

and grounded to the pens, and there was no

visible sign of water on the ground around the

tubs. The pigs were lying down resting and did not

appear to be in distress.  I went and found the

owner, Terrie Hardesty, and began explaining

what I found. I stated to Terrie Hardesty that this

would be documented as a Noncompliance per

9CFR 313.2 (e).  Terrie Hardesty stated that she

put a work order in to have pen 7 secure and

grounded to the pen; therefore, Terrie stated that

the establishment employee would continuously

check the pen for water and no other pigs would

be placed in pen 7.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 208

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M19290+P

19290+V19

290

Working H

Meats, LLC

NAW50

120906

06N-1

09/06/2018 09/06/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII--Stunning Effectiveness On

September 6, 2018, at approximately 1155 hours,

I observed a hog being stunned with the captive

bolt.  The hog squealed after being stunned and

remained in a standing position.  The plant

employee immediately grabbed the .22 rifle and

stunned the hog a second time.  The hog was

rendered unconscious with the second stun.  Once

the head was removed from the carcass, I

examined the head and found two holes, one

approximately 7-8 mm in diameter located in the

center of the head between the ears and a second

hole, approximately 2-3 mm in diameter slightly

below and to the left of the larger hole. Terrie

Hardesty, plant owner, was notified of this

noncompliance.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 209

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M48095+P

48095

Walke

Brothers Meat

Processing

XXG290

907271

7N-1

07/17/2018 07/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3),

313.16(b)(1)

(i)

At approximately 0910 hours while doing post

mortem on the kill floor a shot was fired outside

in the knock box area.  Upon finishing post

mortem I washed my hands and equipment.

 Approximately two minutes had elapsed from the

time I finished post mortem washed my hands

and equipment and had the opportunity to check

on the animals in the knock box.  The knock box is

to the right of the door as you exit.   In the knock

box, a large Hereford steer was on his stomach

and it appeared that the large Hereford steer was

still breathing, but was bleeding from a head

wound from the blast of the .410 shotgun.   At

this point I checked for eye reflex to ensure a good

stun.   The animal's eyes were reactive to touch, it

had some vocalization and was still breathing.  

The person in charge of the knock box came

outside and asked if the animal was still

alive. I advised him that he was not insensitive to

pain and that it needed knocked again.   At this

point he retrieved a 12 gauge shotgun and

rendered the animals insensitive.  The

employee stated that he knew he should have

used the bigger gun on the larger animal.   Up

until that point the .410 gauge shotgun had been

used on all animals including this steer.   The

previous animals of the day were all much

smaller.     Once the steer was rendered

insensitive to pain, I used U.S. Rejected Tag

B37047556 on the knock box.   At this point I

advised , of the situation

and that this would result in a noncompliance for

Humane Handling.   The aforementioned incidents

are in noncompliance with  9 CFR 313.16(a)(1), 9

CFR 313.16(b)(1)( i  ) and 313.16(a)(3). After

notifying management I informed 

of the noncompliance.

CLOSED

(b)(6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 210

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M48095+P

48095

Walke

Brothers Meat

Processing

XXG431

008430

7N-1

08/07/2018 08/07/2018 04C02 Livestock

Humane

Handling

313.1,

313.30 (a)(2)

At approximately 1000 hours while monitoring

HATS Categories VI and VII a trailer with 2

longhorn steers from Hoffman Longhorns pulled

into Walke Brothers Meat to the back of the

facility and backed up to the side door,  Due to

the length of the horns the 2 longhorn steers

would need to be killed and dragged in through

the larger side door.   The steers were separated in

the trailer and the steers could not get past the

small gate area to get to the back of the trailer

where they could be effectively killed.   The owner

of the beef continued to shock the animals even

though there was limited space for the animals to

get to the rear.   The employee in charge of the

pens had already advised the owner that he would

need to stop shocking the beef as they were under

inspection.   As I continued to watch, the

gentleman who owned the longhorns shocked the

one steer in front again and the steer fell onto its

side making the other beef fall to its stomach.  He

shocked the one that fell to its stomach one more

time.   The above issues are noncompliant with 9

CFR 313.1 and 9 CFR 313.30   At this time I

advised the owner of the steers that he needed to

stop shocking the animals and that I was going to

retrieve the owners to advise them that they

would be getting a noncompliance for slip and fall

as well as shocking the animals excessive shocking

for his actions.  Even though it was not an

establishmentemployee, the animals were on

their official premises.   After taking regulatory

action I then left a message with .   I

then lost reception of my phone for a short period

and since is at a conference called my

direct supervisor, to keep

him apprised of the situation.     

was immediately advised of the noncompliance.  

The corrective action of the plant was to ask the

owner of the longhorns to leave the premises and

not to return as this is a liability for them.    

CLOSED

(b)(6) (b)(6) (b)(6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 211

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

Slaughter through normal procedures was

resumed at approximately 1040 hours. No US

Reject/ US Retained tags were used as the trailer

was private property of a client.

M45422+V

45422

Messina Meats BEJ121

806161

3N-1

06/13/2018 06/13/2018 04C02 Livestock

Humane

Handling

313.1 On 06/13/18 at approximately 0950 hours while

preforming humane handling task, I observed the

following noncompliance. I observed the metal

mesh (“hog fencing”) of the middle holding pen

(pen # 1) had 1 broken prong along the north

fence line and 2 broken metal prongs on the gate

of the same pen. In a separate holding pen

adjacent to the aforementioned (pen# 1), inside

the hog barn, there were 3 additional broken

metal prongs on this pen’s (hog pen #1) gate. In all

cases, the broken sections left pieces of sharp

metal sticking out towards alley/walk ways and

inside the pens themselves which may result in

injury or pain to the animals. I immediately took

regulatory control action (RCA) and tagged the

affected pens with U.S. Retained #B42074640 and

#B43368898 respectively. I notified Mr. Nunzio

Femino, establishment owner, of the

noncompliance at approximately 0955 hours. A

Plant Employee, cut and placed electrical wire

over the rough cut edges of all the affected

fencing of both pens. Mr. Femino stated that this

was a temporary fix until the cut metal prongs

could be filed down, possibly over the weekend.

Humane handling conditions were restored and

the RCA was relinquished at approximately 1015

hours. These observations were a regulatory

non-compliance with 9 CFR 313.1(a).

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 212

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45422+V

45422

Messina Meats BEJ011

807560

5N-1

07/05/2018 07/05/2018 04C02 Livestock

Humane

Handling

313.16(b)(1)

(iii), 313.2(f),

313.30(a)(3),

313.30(b)(2)

This report documents failure of the

Establishment to follow written humane handling

procedures and effectively render an animal

insensible according to Agency requirements. On

7/5/18 at approximately 1050 hours, while

preforming a humane handling verification task at

Messina Meats, est #45422, I

 observed an establishment

employee electrically stun a ewe with an electrical

stunning device that should have rendered the

ewe insensible at the end of the current cycle.

However, after getting the probes positioned

correctly behind the ears and applying the

recommended current, the animal went down in

the stunning box, turning its body such that the

operator was unable to maintain the proper

position of the probes, resulting in an incomplete

initial stun. The employee removed the ewe from

the restraint box, checked for insensibility and

correctly observed the animal rhythmically

breathing with directed eye movement. He took

immediate corrective action by reaching for and

effectively applying the back up captive bolt,

which rendered the animal insensible. In

accordance with 9CFR 313.50( c), I took

regulatory control action by placing the USDA

Reject tag #B43368865 to the knock box. I then

notified Nunzio Femino, Plant Owner/Manager of

the humane handling failure, and informed him

that I would be contacting the Alameda District

office of this incident. Additionally, I told Mr.

Femino that I would be issuing this humane

handling non compliant, and waiting for direction

from the Agency  on further action. The

establishment is currently under verification plan

for an ineffective stun on a hog.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 213

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46433 SeraTec Inc. VGF271

206182

3N-1

06/23/2018 06/23/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(ii)

On June 23, 2018, at approximately 1110 hours,

during ante-mortem inspection, 

observed that the air pressure gauge on the air

compressor was not operable. Said air compressor

is the primary air supply for the compressed air

device used for stunning the calves

informed 

) of this regulatory

noncompliance at approximately 1120 hours

stated that he has spoken with the plant

manger about the inoperable air gauge, and it was

supposed to be fixed by now. 

stated that he will direct one of the employees to

remove the operable air pressure gauge from the

old air compressor in the records room to replace

the inoperable air pressure gauge on the air

compressor in use. The facility failed to have an

operable air pressure gauge on their compressed

air device to ensure constant and consistent air

pressure to the handheld stunning device,

therefore creating a regulatory noncompliance. 

There has been no recent similar regulatory

noncompliance therefore this noncompliance

record will not be linked as repetitive.

CLOSED

M45471+P

45471

New Angus,

LLC

VUE571

209242

0N-1

09/20/2018 09/20/2018 04C02 Livestock

Humane

Handling

313.1 On 9/20/2018 was doing AM Duties

prior to operations and separated a heifer with a

10 inch incision on her brisket from Pen 20. 

When I arrived to complete the AM, I examined

the heifer and verified the wound was fresh.  I also

found a 2 inch sharp steel edge protruding out of

the upper corner of the drinking fountain in Pen

20. At this time the pen was empty and I tagged

the gate with US Retain #B22023441 and notified

the of the

noncompliance with 9 CFR313.1(a).

CLOSED

(b)(6) (b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 214

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M48108+P

48108

Julius

Falkavage LLC

HDJ201

010342

5N-1

09/20/2018 10/25/2018 04C02 Livestock

Humane

Handling

313.2 On 9-20-2018 at about 7:30 AM while performing

a Humane Handling task I observed a

noncompliance of 9CFR313.2e HATS category III

Water and Feed Availability. A barrel of water in

the holding pen that contained 5 head of cattle

was full of contaminated water which was

undrinkable. It contained floating feces firm in

nature about 4 inches in diameter and 8 inches

long as well as other partially dissolved chunks of

feces which made the water barrel appear more

like a manure storage vessel. The water was

undrinkable and appeared to have been that way

quite some time. Upon notification of the

undrinkable water Manager Ryan Falkavage did

nothing to correct the issue.

CLOSED

M51187 Pataskala

Meats

PPH420

805272

2N-1

05/22/2018 05/22/2018 04C02 Livestock

Humane

Handling

313.2 On May 22, 2018, while at the establishment

during USDA processing, I performed a livestock

humane handling verification. I entered the barn

at 0850 hours and following non-compliance was

observed. There were approx. 22 lambs and

goats within the main holding pen.  There were

two hogs located in the middle smaller pen and

one hog located in another small holding pen.

There was no water available in any of the pens.

The main pen had an empty water container

within the pen. There was not a water

bucket/holder within either pen that contained

the hogs. I notified 

of the observation.

Establishment employee immediately filled the

empty main water container that was empty. He

placed a bucket within the pen of the single hog

and filled it. He then moved the other two hogs to

a different pen that contained water. This

observation is non-complaint with 9 CFR 313.2(e)

stating “Animals shall have access to water in all

holding pens and, if held longer than 24 hours,

access to feed.”

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 215

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45572+P

45572

Ozark Meats

Inc

LJF3410

081929

N-1

08/29/2018 08/31/2018 04C02 Livestock

Humane

Handling

313.2 At the time of my observation approximately 30

minutes before the scheduled start of operations,I

observed in the northeastern holding pen, three

Angus steers standing on the concrete floor. I

observed one steel water trough available for the

animals. The water trough is capable of holding

approximately 8 gallons of water which was not

sufficient for the number of animals being held.

The water trough was only about 1/3 full of water

and heavily contaminated. I also observed in the

northwestern pen, five medium sized hogs with

only one steel 8 gallon water trough only about

1/3 full of water and heavily contaminated. The

pen size is sufficient for the number of animals

being held to lie down and also move around

freely however, the pen holding the three steers

was cramped for the size of the pen.  During my

observation, it was determined that the

establishment was not meeting the regulatory

requirements of 9 CFR 313.2(e). Upon 

 arrival, both he and 

 were notified of the noncompliance.

CLOSED

M45585+P

45585+V45

585

Butcher

Block &

Smokehouse,

Inc.

DTK430

905033

0N-1

05/30/2018 05/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) While verifying HATS task category VIII-Stunning

Effectiveness of cattle with on

05/30/3018 at approximately 0755 we observed

the following noncompliance.  The establishment

utilizes a hand-held penetrating captive bolt to

stun cattle.  The first stunning attempt with the

captive bolt behind the poll was unsuccessful at

rendering a young bull unconscious.  The bull fell

but attempted to return to a standing position. 

The captive bolt operator loaded the captive bolt

with a readily available charge and successfully

rendered the animal unconscious with a second

shot to the forehead.  This is noncompliant with 9

CFR 313.15(a)(1).  Plant Manager Anthony Austin

was notified of the noncompliance.

CLOSED

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 216

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP411

307241

0N-1

07/10/2018 07/10/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0710, 

and ; under HATS category

III- Water and Feed Availability, observed that the

hogs held overnight in Pen #4 and the Chute Pen

(approximately 30 hogs in each pen) had no

access to water.  The faucet supplying the nipple

type waterers was turned off.  Upon noticing

this noncompliance, turned

the faucet on and ensured water was supplied. 

Additionally, at approximately 10:10am, the line

was stopped; and no further hogs were

slaughtered until after lunch.  At the time the line

stopped, hogs were loaded in the chute.  

 had informed that the lunch

period would be lengthened.  At 11:00am,

 under HATS Category III- Water and Feed

Availability, observed that approximately 12 hogs

were still loaded into the chute and squeeze pen,

with the gate closed and no access to

water.  There were no employees in the barn as all

had gone to lunch.  Hogs were being held without

access to water.  found 

 at lunch and informed her of the

noncompliance.  She immediately had the hogs

backed out of the chute and removed from

the squeeze pen, providing hogs with water.  This

is a noncompliance with 9 CFR 313.2(e) for failure

to provide access to water. A similar

noncompliance was documented on 4/24/18 on

NR #DJP4714044024N/1.  The establishment's

further planned actions were not implemented or

were inadequate to prevent recurrence of

noncompliance regarding provision of water to

held animals.

(b)(6)

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 217

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45729+P

45729+V45

729

Westcliffe

Meats

UGM03

120606

06N-1

06/06/2018 06/06/2018 04C02 Livestock

Humane

Handling

313.2 On 6-6-18 at 07:12 while conducting human

handling ante mortem inspection I CSI observed

the following: There were to beef in the front pen

with no water available. One beef in the back pen

had water in a 10’ high plastic container but it

was determined the water was not clean it

contained grass hay and dirt making it a brownish

green color. The side pen contained one beef and

had no water available. I immediately instructed

plant personal to get water for the animals and

went inside facility and ask plant owner Mr. Miller

to meet me outside by pens. I should Mr. Miller

my finding and explained I would be writing a

noncompliance. I then explained to Mr. Miller that

the system he is currently using to water the

animals is not working and he should change it

and future violations would result in further

disciplinary action including me holding up

slaughter and contacting DO for further

instruction. Mr. Miller stated that he understood. 

All animals had access to water by 07:22 and

Slaughter was allowed to start

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 218

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M48144 Abe's Kosher

Meats LLC

CFR471

506032

9N-1

06/29/2018 06/29/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII: Stunning

Effectiveness                                                                

    At approximately 1027 hours on June 29,

2018, I, was observing the knock

box as part of a daily humane handling task. I

observed a plant employee place the captive bolt

on the skull of a restrained dairy cow. I heard the

captive bolt fire, but not as loud as usual,

indicating a misfire. The plant employee removed

the captive bolt from the skull, but I noted that

while there was a small amount of blood and hair

on the piston, not as much of the piston had

entered the skull as usual. After removal of the

piston from the skull, I noted the eyes following

the movement of the plant employee. I told the

company employee to administer another knock,

because the animal was not unconscious. The cow

seemed calm, as there was no vocalization,

kicking or excessive head movement. The plant

employee removed the shell and reloaded the

same captive bolt gun. With the second knock the

cow was successfully rendered unconscious about

45 seconds to 1 minute later after the first knock

attempt. I noticed the second knock also sounded

like a misfire. After the second knock, no eye

movement was noted. When the plant employee

touched the eye, there was no blinking. A third

and fourth safety knock were administered by the

plant employee. I placed Reject Tag B40096400

on the knock box. I notified

 that a humane handling incident had

occurred at the knock box. Afterwards, I left the

slaughter floor and informed the 

, that a humane handling incident had

occurred. She allowed the line allowed to

continue operating, so the carcasses already on

the line could be finished. called

, who

informed with the Denver

district about the incident. Plant co-owner, Hillel

CLOSED

(b)(6)

(b)(6) (b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 219

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

Shamam, and Plant Manager, Keven Patterson,

were notified they would be receiving a

non-egregious non-compliance for humane

handling. The company has stated they will have

a different person continue knocking for the day.

While the person performing the knocking duties

was trained, that was not the person assigned to

that task for the day. The person knocking is

somewhat new to the company and was not

aware there was a backup gun to use, instead of

taking time to reload the first gun. Furthermore,

that employee will receive retraining. The

company will remove the current box of shells

from use and open a new box of shells. Going

forward, they have stated they will have a written

list and inform USDA IPP daily about who will be

the plant person assigned to the knock box duties.

If a different person is observed in the knock box

position, the company will stop their operations

until the assigned person resumes the position or

an explanation is offered about the replacement

staff change. The company has also stated they

will purchase a 3rd captive bolt gun to serve as a

second backup and make all trained company

personnel aware of having a backup gun. 

 and I observed the skinned skull. There

appeared to be three holes overlapping on the

center of the skull above the eyes. The bottom

hole was only 1⁄4 to 1⁄2” deep, while the other two

holes were full thickness penetration of the skull. 

After receiving the corrective actions and

preventive measures, the Reject tag was removed

at approximately 1130 hours and the company

was allowed to continue operations

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 220

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M48161+V

48161

Eggert

Slaughtering,

Inc.

SBF191

908232

7N-1

08/27/2018 08/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 8/27/18 at approximately 0835 hours, I,

, was performing a Humane

Handling Category VIII (Stunning Effectiveness)

Task. An establishment employee attempted a

head stun on a beef steer in the restrainer by

discharging the captive bolt on the poll area of the

steer. After the captive bolt was discharged, it

appeared to have no effect on the animal, as the

steer remained standing and fully conscious. The

initial shot from the captive bolt sounded muffled.

I observed blood in-between the eyes on the face

of the steer. The steer did not vocalize during this

time. The establishment employee immediately

reloaded the captive bolt device and applied an

effective stun, rendering the animal unconscious. I

tagged the knock box with U.S. Reject tag NO.

B36822268. During post mortem inspection, I

viewed the skull and observed two holes had

penetrated the pole area of the skull. This is a

noncompliance with 9 CFR 313.15(a)(1). I

informed Establishment President, Mr. Keith

Eggert, of the noncompliance and issuance of the

noncompliance record. Mr. Eggert provided verbal

corrective and preventive measures, and I

removed the U.S. Rejected tag and slaughter

operations resumed.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 221

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45856+V

45856

Prime Pork LLC ODB44

090832

31N-1

08/31/2018 08/31/2018 04C02 Livestock

Humane

Handling

313.2, 313.5 While conducting Ante-Mortem inspection and

observing HATS Category IV - Handling During

Ante-Mortem Inspection, I observed the

following noncompliance with HATS Category

VI - Electric Prod/Alternative Object Use.  At

approximately 9:05am, while standing on the

catwalk, I observed an employee driving a group

of hogs from the pen into the alleyway leading to

the CO2 stunner.  The employee was using a

plastic bat continually batting the last hog as it

was running.  Although the employee had to jog

to keep up with the hog, he continued to force it

into a pace faster than a normal walk.  As soon as

I observed this, I pointed it out to

 who immediately went to the

employee and discussed the issue with the

employee.  When I came down from the catwalk, I

discussed the issue with and told him

that I would document the situation on an NR.    

I tagged the alleyway leading to the stunner with

U.S. Reject Tag # B45723932.  This situation is

noncompliant with 9 CFR 313.2(a), 313.2(b), and

313.5(a)(2). called a meeting with the

barn personnel, then requested to work

individually with the employee driving the hogs.  I

removed the U.S. Reject Tag to allow movement

of hogs and the corrective actions be completed.

CLOSED

M48195 Farmer's Pride OBC290

806072

5N-1

06/25/2018 06/25/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On 6/25/18 at 0917, while performing humane

handling task, the following noncompliance was

noted.  The plant designee used a 22 caliber rifle

to stun a hog.  The shot to the head did not create

immediate unconsciousness.  Blood was seen

coming from the hog's nostrils, but the hog was

still standing and vocalizing.  The plant

took immediate effective corrective action and

fired a second shot to the hog's head that

immediately created insensibility. Mr. Marlin

Whitman, plant owner, was informed of the

noncompliance that would be issued for violation

of 9CFR 313.16(a)(1).

CLOSED

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 222

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M34554 Wilson Farm

Meats, Inc.

ORQ23

150759

02N-1

07/02/2018 07/02/2018 04C02 Livestock

Humane

Handling

313.30(a)(1) On 07/02/18, at approximately 9:15am, while

observing HATS category VIII (Stunning

Effectiveness); I observed the following

noncompliance.  The establishment personnel

were in the process of slaughtering the final

animal of the day which was a small roaster

swine.  The animal was smaller than what is

normally slaughtered at the facility.  Due to the

animal being smaller, establishment personnel

held the animal upside down by the hind feet

instead of stunning the animal in a standing

position .  The stunner operator, utilizing a

scissors-type electrical stunning wand, placed the

electrodes on the head of the roaster swine. 

Immediately upon placement of the prong-like

stunning electrodes, the animal vocalized in pain

and began to wiggle around in the employee’s

hands.   Since the animal still remained conscious

after the first unsuccessful attempt, the stunner

operator immediately replaced the electrodes on

the hog's head, and effectively rendered the hog

insensible.  I tagged the knock box with US Reject

Tag # B33511460.  This is noncompliance with 9

CFR 313.30(a)(1).   ,

was notified of the noncompliance.  On

07/03/2018 a meeting was held with 

 and .  The immediate

corrective action as stated by is to

not slaughter any more of these smaller animals

until the proper equipment, procedures and

training are in place.  These smaller animals may

be slaughtered in the future, however, proper

equipment would be in place and written

procedures created as well as the proper training

for plant personnel. At 10:50 am on 07/03/2018

I removed the US Reject Tag from the knock box.

CLOSED

(b)(6)

(b)(6)

(b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 223

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45919+P

45919

Circle C Farm

Abattoir &

Butcher Shop,

LLC

QWL07

120848

09N-1

08/09/2018 08/09/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) While doing a routine inspection for the PHIS

Humane Handling task on 8/09/18 at

approximately 1:00 PM an noncompliance was

observed. On the 7 hogs of 10 that were slaughter

during this date, the establishment slaughter guy

did not produced immediately unconsciousness to

the hog after the first shot during antemortem.

The animal was being stunned by gun shot when

it moved it head just as the shot was being

applied. The hog went down and immediately

tried to stand up getting up with the front

legs. The establishment employee immediately

applied a second shot to the hog where the hog

was made to be insensible. This is a

noncompliance with the 9 CFR 313.16(a)(1) that

state: 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 before it is

shackled,hoisted, thrown, cast, or cut.

The establishment owner Mr. Manuel Cruz was

notified for this noncompliance.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 224

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45928+P

45928

Central

Missouri

Meat &

Sausage

CRN221

607121

9N-1

07/19/2018 07/19/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III- Water Availability On July 19th

at approximately 15:05 hours while performing a

routine Humane Handling Verification Task, I 

 observed the following

noncompliance.  In the west pen, swine that were

being held for the following day’s inspected

slaughter did not have access to water. I observed

the nipple type waterer in the pen was turned off,

and there was no other source of water for the

livestock in the pen. I immediately notified an

establishment employee of the noncompliance

and the establishment employee turned the water

on. I verbally notified Establishment Owner Cory

Hawkins of the noncompliance and that a

Noncompliance Record would be issued. This is a

failure to meet the regulatory requirements of 9

CFR 313.2(e); all livestock must have water at all

times. After reviewing the records for the previous

90 days, no associations can be made at this time.

CLOSED

M45945+P

45945

Home Place

Pastures

WLT23

090840

02N-1

08/01/2018 08/02/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII Stunning Effectiveness: At 2:50 p.m. on

the kill floor, establishment employees were

attempting to stun a hog in the knock box. On the

first attempt to stun the animal the employee

applied the captive bolt gun to the animals head.

As the employee squeezed the trigger on the

captive bolt the hog moved its head and the

captive bolt pin struck the top of the animals

head.  Immediately plant employees noticed eye

tracking, prompting them to do the immediate

corrective actions put in place. The second

attempt to stun the animal was immediate and

effective and rendered the animal insensitive.

Plant owner Marshall Bartlett was on the premises

when the non-compliance occurred and was

allowed to resume slaughter after a verbal

corrective action was given.  This document serves

as a written notification that your failure to

comply with regulatory requirements could result

in additional regulatory or administrative action.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 225

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M45945+P

45945

Home Place

Pastures

WLT56

130806

30N-1

08/30/2018 08/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII Stunning Effectiveness: At 1:30p.m. On

the kill floor, establishment employees were

attempting to stun a goat in the knockbox. On the

first attempt to stun the animal the employee

applied the captive bolt gun to the back of the

animals head and squeezed the trigger on the

captive bolt. After the first stun attempt the goat

vocalized and the plant employee immediately

followed with another stun attempt with the

captive bolt gun. The second stun was immediate

and effective  rendering the animal unconscious. 

U.S. Rejected tag NO. B43321577 was applied to

the knockbox and establishment management

was notified of the non-compliance.

CLOSED

M45948 Ida-Beef LLC AKL171

008241

7N-1

08/16/2018 08/16/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HAT Category VIII (Effective Stunning) On

Thursday 8/16/18 @ approximately 1600, I 

observed Mr. Tom Claycomb, the

plant manager attempted to stun a dairy cow with

a hand-held captive bolt. The first knock was

ineffective. The captive bolt fired and contacted

the cow, and it was in effective, as the cow

remained in standing position in the restraint box.

Mr. Claycomb applied an immediate second

effective knock that rendered the cow

unconscious and remained unconscious through

bleeding. Mr. Claycomb related the cause to that

(the cow moved its head, as he did not use the

head restraint, as he should have). As an

immediate corrective action Mr. Claycomb

replaced by the plant’s primary stun operator.

Following this incident, I observed the stunning of

several head of cows, with no issues or concern.

This non-compliance report (NR) issued to

document the establishment failure to comply

with 9 CFR 313.15(a)(1).

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 226

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M791C Clemens Food

Group, LLC

QCF381

405341

8N-1

05/18/2018 05/18/2018 04C02 Livestock

Humane

Handling

313.1, 313.5 HATS CATEGORY VII--STUNNING At

approximately 0945 while verifying the humane

stunning of livestock, I observed chemical; carbon

dioxide stunning noncompliance.  I found that the

drive gate that pushes hogs into the west carbon

dioxide gas stunning chamber, which was being

used to stun hogs at the time of my observation,

was in disrepair.  The plastic panel fastened to this

gate had an approximately 6 inch X 6 inch X 6

inch approximately triangular shaped hole in it. 

This hole was near the center of the drive gate and

approximately 1.5 feet off the floor.  The edges of

this hole were rough but not sharp or jagged.  This

finding illustrates noncompliance with 9 CFR

313.5 (b) (2) and 313.1 (a), because there was a

hole in a device used to mechanically drive

animals that could entrap an appendage and

injure an animal. At approximately 1045 hour

after reviewing humane handling regulatory

requirements, I took a regulatory control of the

west side carbon dioxide gas stunning chamber

with reject tag B37602068.  I immediately notified

 of my actions and my

findings.  To address this finding, establishment

personnel immediately began repairing the drive

gate.  At approximately 1125 hour 

 notified me the

repair was complete.  I then

immediately re-inspecting the drive gate.  I found

the gate in good repair and I immediately released

the regulatory control action.

CLOSED

(b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 227

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M791C Clemens Food

Group, LLC

QCF380

608382

4N-1

08/21/2018 08/24/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III On August 21, 2018 at

approximately 0514 hours; 

observed a humane handling Non-Compliance in

the barn. While performing Ante-Mortem

activities, observed that the alley

way in the North-East Corner of the barn,

alongside unloading dock 4 had been turned into

a pen for hogs that had just been unloaded. Since

the barn was full, and all pens occupied by other

hogs, the establishment elected to use the alley

way as a pen. observed that there

was no water available in the pen for the hogs.

 was asked why there was

no water available; she was unaware that there

pigs being held there. She immediately started

filling the blue tubs with water, and put them in

the alley way pen. then reported that the hogs

were done unloading at approximately 0458

hours.   was notified of the

Non-Compliance. This is a Non-Compliance with

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. There shall

be sufficient room in the holding pen for animals

held overnight to lie down.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 228

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46010 North

Cascades Meat

Producers

Cooperative

IGN231

708082

8N-1

08/28/2018 08/28/2018 04C02 Livestock

Humane

Handling

313.1,

313.16(a)(2),

313.2

At approximately 8:15 after ante mortem

inspection while moving the cattle from the

holding pens to the stunning area The two

beef steers in the upper pen started running to

avoid the handlers as they were attempting to

open the gate. The cattle slipped several times

and ran to the corner where the gate was located

and as the handlers then tried to get the gate

open the steers turned and tried to run the other

direction. One fell to its knees and the other fell

onto its chest. This is in violation of 9 CFR

313.16(a)(2) The floors in the barn are smooth

concrete with a small amount of shavings. The

cattle were unable to maintain sure footing in this

area. This is in violation of 9 CFR313.1(b) The

handlers decided to place rubber matts down to

prevent further slips and falls. was

verbally informed that a written Non Compliance

Report would be issued. A review of the

establishments non compliance history does not

show a similar NR written I the past 90 days.

CLOSED

M46070+P

46070

Marble City

Meats LLC

KLE310

708402

4N-1

08/23/2018 08/23/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On 8-23-2018 at 12:45 PM, I 

was observing slaughter of the first hog. The

animal was loaded in the knocking box and while

observing the stunning (gunshot) the first shot

was off and did not render the hog unconscious

(miss stun) A second shot was placed and was

effective. was notified of the

Non Compliance with 313.16(a)(1). I notified

immediate supervisor and tagged the knocking

box with tag number B30314650 and suspended

slaughter until further notice. It was stressed to

 the importance having a

effective stun.

CLOSED

(b)(6) (b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 229

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46085+P

46085

Stevens

Abattoir Inc.

CXM12

140746

30N-1

07/30/2018 07/30/2018 04C02 Livestock

Humane

Handling

313.1 Category: Water and Feed Availability While

conducting a humane handling inspection at

Stevens' Abattoir at approximately 8:10am the

following non compliance was observed. The

animals that were held overnight did not have

access to water. No regulatory control action was

taken due to Darren, the owner, immediately

filling the water trough with water. Plant owner,

Darren Stevens, was notified of this non

compliance and failure to comply with 9 CFR

313.1.

CLOSED

M51306+V

51306

Powell Meat

Company LLC

MCU21

140828

06N-1

08/06/2018 08/06/2018 04C02 Livestock

Humane

Handling

313.2 On August 6th at approximately 0730 hours while

I, , was performing a human handling

task in the pens I observed the following

non-compliance.  While observing conditions to

the steer in pen 3, I noticed there was no water

available.   According to the human handling

verification category III titled " Water and Feed

Availability in 9 CFR 313.2 it states: "Under this

category, IPP record their verification of the

establishment's compliance with ( CFR 313.2(e),

which requires that water be available to livestock

in all holding pens, and that animals held

longer than 24 hours have access to feed."  I

immediately notified of

the situation.  He informed me that the steer had

only been there approximately 10 minutes and

put a tub of water in the pen directly.  I verbally

informed that I would be

documenting this non-compliance on an NR.  No

USDA Reject/Retain tag was applied because I

remained in the area while the animal was

watered.

CLOSED

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 230

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M51306+V

51306

Powell Meat

Company LLC

MCU09

110825

15N-1

08/15/2018 08/15/2018 04C02 Livestock

Humane

Handling

313.2 HATS category III water and feed availability. On

August 14th at approximately 0730 hours while

performing a human handling I, ,

observed the following non-compliance.  There

were 3 pigs in holding pen 3 that had no water

source at all.  There was no bucket or tank in the

pen to supply any water.  The 3 pigs in holding

pen 4 had an over turned water tank and the 4

pigs in holding tank 5 had an empty water tank.  I

immediately notified 

who observed the situation.  I informed 

 the regulation 9 CFR 313.2(e) states

that “Animals shall have access to water in all

holding pens and if held for longer than 24 hours,

access to feed.”  immediately got

all the animals water.  I informed Plant Owner

Travis Powell that I would be documenting this

non compliance on an NR.  This NR is being linked

to NR MCU2114082806 dated 8/6/2018 for

similar cause.

CLOSED

M51309+V

51309

Texas Packing

Co.

OLR241

607082

7N-1

07/27/2018 07/27/2018 04C02 Livestock

Humane

Handling

313.1 On July-27-2018, at approximately 0605 hours

while performing Ante-Morten of cattle two alley

gates were observed to have broken rail pipes on

one gate and broken lower hinge on the second

gate. Livestock was restricted from the cattle

alley gates, both gates were rejected at 0605

hours using USDA Reject/Retain tag # B37690093.

 and

 were notified of the non-compliance

and that a NR would be issued. Both gate were

repaired,USDA inspected and released at 0630

hours. This is a violation of 9CFR 313.1

CLOSED

(b)(6) (b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 231

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46139+V

46139

Cypress Valley

Meat

Company 1,

LLC

UIV561

206050

7N-1

06/06/2018 06/07/2018 04C02 Livestock

Humane

Handling

313.1 On 6/6/18 at approximately 1100 hours while

performing a Humane Handling Assessment, the

following noncompliance was observed by

: A steer was driven into the

knocking box where it was observed to slip and

fall prior to being knocked.  The knocking box has

a smooth surfaced beveled steel wall that

protrudes approximately 12 inches into the

middle of the knocking box floor; which is only

approximately 26 inches wide in total and a

smooth concrete floor.  This design restricts the

animals ability to support itself.  Mr. Benny Jones

and Mr. Chris Shaw, Co-Plant Managers, and

 were notified

of this noncompliance.  US Reject tag #B42001479

was applied to the knocking box at approximately

1117 hours and these same gentlemen were

informed they could not utilize the knocking box

for cattle thereafter until the issue was resolved. 

A review of records revealed no recent

noncompliances to be associated with this NR.

CLOSED

(b)(6)(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 232

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46139+V

46139

Cypress Valley

Meat

Company 1,

LLC

UIV071

208432

8N-1

08/28/2018 08/28/2018 04C02 Livestock

Humane

Handling

313.2 On 8/28/2018 at approximately 0945 hours while

performing a Routine Humane Handling Task

using the Review and Observation component for

HATS Activity Category II Truck Unloading the

following was observed.  A rather large bull was

being unloaded by a single 

 assisted by two nonemployees. 

There are side gates that close perpendicular to

the side of the trailer creating an enclosure for the

back of the trailer for offloading. This trailer had

fenders that allowed a gap, approximately 10-12

inches, between the trailer and the side gate.  The

plant employee was utilizing a rattle paddle to

encourage the beef to exit the trailer.  The bull

exited the trailer, then turned around and

re-entered the trailer multiple times.  The

employee then switched to a battery powered

electric prod and lightly tapped the bull on the

round.  The bull offloaded, again turned around

and found the gap between the trailer and the

side gate, put his head through the gap and

appeared to be trying to push his way through

this area to exit.  One of the nonemployees was

standing on this fender and was observed to kick

the animal in the head, approximately 2 times to

prevent the animal from getting loose and

potentially causing the man bodily harm.  As I

called out to the employee and requested that all

attempts to unload be halted,  the bull re-entered

the trailer.  I instructed the employee to simply

stop what he was doing and leave everything as it

was.  He voiced understanding.  I informed Mr.

Chris Shaw, Co-Plant Manager, that I was going to

inform my supervisor of this noncompliance for

review by him and slaughter floor production

already in progress could be finished but that

stunning operations were rejected.  US Reject Tag

B42001474 was applied to the knocking box.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 233

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46172+P

46172+V46

172

JM Watkins,

LLC

IGT281

009052

4N-1

09/24/2018 09/24/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 9/24/18 at approximately 0710 hours, I, 

 was performing a Humane

Handling Category VIII (Stunning Effectiveness)

Task. An establishment employee attempted a

head stun on a beef steer in the restrainer by

discharging the captive bolt in the poll area of the

steer. After the captive bolt was discharged, it

appeared to have no effect on the animal, as the

steer remained standing and fully conscious. The

steer did not vocalize during this time and did not

appear agitated. The establishment employee

immediately reloaded the captive bolt device and

applied an effective stun, rendering the animal

unconscious. The establishment employee

administered a security stun to the forehead of

the steer after the effective stun.  I tagged the

knock box with U.S. Reject tag NO. B38122836. 

During post mortem inspection, I viewed the skull

and observed three holes had penetrated the

skull, two holes in the poll area and one in

between the eyes. This is a noncompliance with 9

CFR 313.15(a)(1). I informed Establishment Owner

Brandon Clare of the noncompliance and issuance

of the noncompliance record. Mr. Clare provided

verbal corrective and preventive measures, and I

removed the U.S. Reject tag and slaughter

operations resumed.

CLOSED

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 234

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46233+P

46233

University of

Wisconsin

River Falls

KHE461

209281

3N-1

09/13/2018 09/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 9/13/18 at approximately 1110 hours, I,

 was performing a Humane

Handling Category VIII (Stunning Effectiveness)

Task. An establishment employee attempted a

head stun on a beef steer in the restrainer by

discharging the hand-held captive bolt on the face

of the steer. After the captive bolt was discharged,

it appeared to have no effect on the animal, as the

steer remained standing and remained conscious.

I observed the steer to have a bloody nose from

the initial stun attempt. The steer did not vocalize

during this time. The establishment employee

immediately reloaded the captive bolt device and

applied an effective stun, rendering the animal

unconscious. I tagged the knock box with U.S.

Reject tag NO. B38122841. During post mortem

inspection, I viewed the skull and observed two

holes had penetrated the skull, one hole in the

pole area and one in between the eyes, just below

line between the eyes. This is a noncompliance

with 9 CFR 313.15(a)(1). I informed Mr. Steve

Watters, Plant Manager, and 

, of the noncompliance and issuance of

the noncompliance record provided

verbal corrective and preventive measures, and I

removed the U.S. Reject tag and slaughter

operations resumed.

CLOSED

(b)(6) (b)(6)

(b)(6)
Table: Noncompliance Reports in Response to FOIA2019-017 13:11 Tuesday, June 4, 2019 235

EstNbr EstName NR# Insp_Date

NonComp_

date Task TaskName Regs Description Status

M46269 CMR

Processing LLC

OBU10

180915

24N-1

09/24/2018 09/24/2018 04C02 Livestock

Humane

Handling

313.2 While performing the Ante-mortem tasks, 

noticed a pen holding one animal that was

awaiting processing. Further examination revealed

that there was absence of water for the animal. 

The plant manager was notified and instructions

were given to make water available at all times for

the animals. The absence of water in a pen

housing animals is a violation of 9 CFR 313.2 ( e) 

9 CFR 313.2 (e) 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 in the holding pen for animals held

overnight to lie down.

OPEN

M46334 Plymouth

Meats, LLC

GPB390

806241

4N-1

06/14/2018 06/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.2(f)

Category VIII – Stunning Effectiveness At

approximately 0900 hours I observed the

following noncompliance: I observed an

employee attempt to stun a hog with a captive

bolt in the head. When the shot was issued the

animal arched, stiffened and went down. The eye

that was visible was still open and the animal

appeared to still be conscious. Then the animal

attempted to rise up and stand on its feet. The

employee took immediate corrective action and

issued a second captive bolt shot to the head.

With the issuing of the second shot the animal

went down and remained unconscious and was

dead. This is a noncompliance and is a violation of

9 CFR 313.2(f) & 313.15(a)(1). I notified Plant

owner Katie Adkins of this situation immediately.

CLOSED

(b)(6)