COIR 201%- C0012,

MERCY FOR
— 8033 Sunset Blvd, Ste 864 GD 866.632.6446
Vaal tos Angeles, CA 50046 Mereyforanimalsora

ANIMALS

Oct. 4, 2017 Received in USDA/FSIS.
Via email: fsis.foia@usda.gov

Freedom of Information Act Officer OCT 05 2017
USDA, Food Safety and Inspection Service

Room 1140, South Building FOIA Office

1400 Independence Ave., SW
Washington, DC 20250

RE: FOIA Request—Memorandunms of Interview (MOIs) for HMSA 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).

MFA ests that please provide any and all records relating or referring to:
. il Memotheh Interview (MOls) and supporting records concerning humane
hagdling and slaughter regulations (9 C.F.R. § 313) (ISP Code 04C02) under the Humane
Methods of Slaughter Act forthe months of July, August, and September 2017.

If you believe that certain portions of records are subject to an exemption under FOIA, please
redact any such portions with direch 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 501(c)(3) nonprofit organization dedicated to preventing cruelty to farmed animals and
promoting compassionate food choices and policies. MFA 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 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). Both 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 both 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. Disclosure of the requested information will contribute to the public’s
understanding of the operations of the government, specifically the agency’s activities relating to
the oversight ot 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 well as the evidence relied
upon by the agency in reaching decisions regarding the treatment of farmed animals.

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 telephone 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, § 552(a)(6)(A)(i). If you have any questions regarding this request, please contact

Vand¢hana Bala at (GH 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,

(Parton b__

Vanchana Bala
General Counsel
Mercy For Animals

i


Sharpe, Mary Frances - FSIS

From: Stefanie Wilson mo)
Sent: Wednesday, October 4, 2017 3:28 PM

To: fsis.foia@usda.gov

Subject: FOIA Request

Attachments: MOls July August September 2017.pdf

Dear FOIA Officer,

Please see the attached FOIA request from Mercy For Animals.

Thank you.

Sincerely,

Stefanie Wilson

Administrative Law Attorney

| Identify As: She/Her/Hers
(>) 6) |

ANIMALS

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