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MERCY FOR
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ANIMALS Recelved in USDAFSIS

July 10, 2017

JUL 11 2017
FOIA Office

Via email: fsis. foia@usda.gov

Freedom of Information Act Officer
USDA, Food Safety and Inspection Service
Room 1140, South Building

1400 Independence Ave., SW Leben.
Washington, DC 20250

RE: FOIA Request—Noncompliance Records (NRs) and Memoranda of Interview (MOIs) for PPIA
Violations

Dear FOIA Officer:

This is a request for public records made by Mercy For Animals (MFA) pursuant to the Federal Freedom of
Information Act (FOIA), 5 U.S.C. § 552 et seq. This request satisfies the written request requirement
pursuant to 7 C.F.R. § 1.5(a). If this office is not the appropriate place for this request, please forward the
request to the correct office or individual, and inform us when doing so.

MFA requests that you please provide any and all records relating or referring to:

¢ All Noncompliance Records (NRs) and supporting records from NRs for noncompliance to good
commercial practices regulations (9 CFR § 381.65) {ISP Code 04C0S) under the Poultry Products
Inspection Act for the months of April, May, and June 2017.

* All appeals of NRs for noncompliance to good commercial practices regulations (9 CFR § 381.65)
{ISP Code 04C05) under the Poultry Products Inspection Act; such records include, but are not
limited to, requests for appeal, responses and written (electronic or otherwise) communication
regarding appeals, determinations, decisions or denials, and amended NRs as a result of such
appeals.

¢ All Memorandums of Interview (MOls) and supporting records from MOls for noncompliance to
good commercial practices regulations (9 CFR § 381.65) (ISP Code 04C0S) under the Poultry
Products Inspection Act for the months of April, May, and June 2017.

If you believe that certain portions of records are subject to an exemption under FOIA, please redact any
such portions with direct reference to the claimed exemption, and produce all non-exempt portions of
those documents. See 5 U.S.C. §552(b).

Fee Waiver

MFA is a nonprofit organization dedicated to preventing cruelty to farmed animals and promoting
compassionate food choices and policies. As a 501(c)(3) nonprofit organization, Mercy For Animals does
not have a commercial, trade, or profit interest in the information requested, and thus is not requesting
“trade secrets and commercial or financial information obtained from a person and privileged or
confidential”, or any other information exempted pursuant to 5 U.S.C. § 552(b).

A waiver of search, review, and duplication fees is warranted here, because disclosure of the requested
records meets the two-part public interest test in that “it is likely to contribute significantly to public
understanding of the operations or activities of the government and is not primarily in the commercial
interest of the requester.” 5 U.S.C. § 552(a)(4)(A){iii). 8oth the legislative history and administrative and



judicial interpretations of FOIA make clear that the “fee waiver provision is to be liberally construed in
favor of waivers for non-commercial requesters.” Schoenman v. F.B.1., 604 F, Supp. 2d 174, 192 (D.D.C.
2009); see also McClellan Ecological Seepage Situation v. Carlucci, 835 F.2d 1282 (9th Cir. 1987).

The request at issue satisfies the legal requirements of a mandatory public interest fee waiver under bath
5 U.S.C. § 552{a)(4)(A)(iii) and EPA’s implementation of the same set forth in 40 C.F.R. § 2.107. MFA has
the ability to contribute to the public’s understanding of the operations of the government, specifically
the agency's activities relating to the oversight of discharge sources. MFA is particularly well suited to
distribute information regarding this topic to concerned citizens and others on a national scale through its
website, social media, newsletter, and e-newsletter. :

Furthermore, the records covered by this request are not publicly posted or otherwise published. The
information they contain would contribute significantly to the public understanding of humane and public
health issues at major U.S. slaughter facilities, as wellas the evidence relied upon by the agency in
reaching decisions regarding the treatment of poultry.

MFA has sufficiently met the criteria for a public interest fee waiver for this records request, because it
does not have a commercial interest in the requested records and it is ina unique position to synthesize
the information contained in the requested records and disseminate it in order to further public
Understanding of the plight of farmed animals and the government's role in the meat industry.

If, however, the waiver is denied and the request will involve more than two search hours or more than
100 pages of documents, and the fees will exceed twenty dollars ($20.00), please notify us immediately by
telepione before the request is processed, so we may decide whether to pay the additional fees or to
appeal the denial of the request for waiver. °

We look forward to your response within twenty business days, as required by law under the FOIA. 5
U.S.C. § $52(a){6)(A)(i). If you have any questions regarding thie request, please contact Vandhana Bala at
or|

The records and any related correspondence should be sent to;
Vandhana Bala
c/o Mercy For Animals
8033 Sunset Blvd., Ste 864
Los Angeles, CA 90046

On behalf of Mercy For Animals, thank you very much for your time and attention.
Sincerely,

( Pakomrb__

Vandhana Bala
General Counsel