-

USDA 

United States Department 

-

of Agriculture 

Food Safety and 

Inspection Service 

1400 Independence 

Avenue, SW. 

Washington, D.C. 

20250 

August 20, 2021 

TRANSMITTED VIA ELECTRONIC MAIL 

Ms. Rachel O'Flaherty 

Paralegal 

Lewis and Clark Law School 

10015 SW Terwilliger Blvd. 

Portland, OR 97219 

(b) (6)

@lclark.edu 

RE: 2021-FSIS-00266-F 

Humane Handling NRs and MOIs 

Dear Ms. O'Flaherty: 

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

April 1, 2021, to the U.S. Department of Agriculture’s Food Safety and Inspection 

Service (FSIS). You requested a copy of all Noncompliance Records and Memoranda 

of Interview related to humane handling and slaughter for the months of January, 

February, and March of 2021. We received your request in our office on April 2, 2021. 

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

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

Planning, Analysis, and Risk Management (OPARM). FSIS’ search began on April 2, 

2021. Our search includes responsive records in FSIS’ control on that date. 

We have located 166 pages that are responsive to your request. After a thorough 

review, we have determined that portions of these documents are exempt from 

disclosure under (b)(4) and (b)(6) of the FOIA, 5 U.S.C. § 552, as amended. 

Accordingly, this request is granted in part. 

Exemption 4 of the FOIA protects “trade secrets and commercial or financial 

information obtained from a person [that is] privileged or confidential.” 5 U.S.C. § 

552(b)(4). This exemption covers two distinct categories of information in federal 

agency records, (1) trade secrets, and (2) information that is (a) commercial or financial, 

and (b) obtained from a person, and (c) privileged or confidential. In this instance, the 

agency is withholding confidential commercial information such as specific businessrelated equipment. The information was submitted to USDA by a business. We have 

determined that these records contain commercial or financial information that is 

customarily treated as private by the business submitters. Therefore, the information is 

considered confidential. 

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

6, 5 U.S.C. § 552(b)(6). Exemption 6 protects information that would constitute an 

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

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

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

 

G2 

t 

U.S. 

Administrator 

Paul Kiecker 

Department of Agriculture 

Washington, DC 20250

Room 1170, South Building 

1400 Independence Avenue, SW. 

Food Safety and Inspection Service 

-3700 

FSIS.FOIA@USDA.GOV 

regulations, please contact Michael Dutt at 202-

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

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

release your personal privacy information, such as home addresses, telephone numbers, or Social 

available, is releasable to the public under any subsequent FOIA requests. However, FSIS does not 

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

720-4058 or via email at Michael.Dutt@usda.gov. If 

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

Services (OGIS). Please visit 

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

FOIA Director/ FOIA Public Liaison at 202-720-8215 or via email at April.Harrid@usda.gov. 

https://www.archives.gov/ogis/mediation-program/request-assistance 

Enclosure: Attachment 

Office of Public Affairs and Consumer Education 

Acting Director, Freedom of Information Act Staff 

April D. Harrid 

Sincerely, 

Thank you for your interest in FSIS programs and policies. 

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

166 pages 

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

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