An Equal Opportunity Provider and Employer

Food Safety and 

Inspection Service 

1400 Independence 

Avenue, SW. 

Washington, D.C. 

20250 

 

 

October 14, 2021

 

TRANSMITTED VIA ELECTRONIC MAIL

 

Emily Klemperer

General Counsel

Farm Sanctuary

@farmsanctuary.org

 

 RE: 2020-FSIS-00110-F 

 04C05 Inspection related records 

 

Dear Ms. Klemperer:

 

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

December 12, 2019, to the U.S. Department of Agriculture’s Food Safety and 

Inspection Service (FSIS), dated December 12, 2019, in which you requested, all 

04C05 inspection task records for non-compliance related to the humane treatment 

of poultry under the PPIA, including NRs, and MOI’s as well as Memoranda of 

Information, Letters of Concern, and Letters of Cause issued during the period from 

April 17, 2019 through the date this request is processed. (April 17, 2019 - 

December 16, 2019) FSIS received your request on December 16, 2019. 

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 and the Office of Field Operations. 

FSIS’ search began on December 17, 2019 and includes responsive records in our 

control on that date. 

For this release, we have located 174 pages that are responsive to your request. After 

a thorough review, we have determined that portions of the records 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). The 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 line speeds, headcounts and production volume. 

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.

(b) (6)
Emily Klemperer

Page 2 

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

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

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

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

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

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

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

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

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

determined have become or are likely to become the subject of subsequent requests for 

substantially the same records or have been requested three or more times. For records that meet 

this criterion, FOIA requires the agency make copies of these records available for public 

inspection in an electronic format. See 5 USC 552(a)(2)(D) and 7 C.F.R. 1.2. FSIS has 

determined that the records provided in response to the (a)(3) portion of this request meet the 

requirements for public inspection in an electronic format. As such, FSIS will post these records 

to its public reading room within 45 days of the date of this amended final response letter.

 

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

in writing, and it must be received electronically no later than 90 days from the date of this letter. 

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

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

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

as well as reasons supporting your appeal. 

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

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

and reference FOIA No. 2020-FSIS-00110-F. 

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

your appeal to: 

Paul Kiecker

Administrator

U.S. Department of Agriculture

Food Safety and Inspection Service 

1400 Independence Avenue, SW. 

Room 1170, South Building

Washington, DC 20250-3700 

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

available, is releasable to the public under any subsequent FOIA requests. However, FSIS does 

not release your personal privacy information, such as home addresses, telephone numbers, or 

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

 
Emily Klemperer

Page 3 

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

regulations, please contact Keith Komosinski at 813-919-0531 or via email at 

keith.komosinski@usda.gov. If you have general questions about FSIS’ FOIA procedures or 

regulations, please contact me, the FOIA Director/FOIA Public Liaison via email at 

Dexter.Johnson@usda.gov. 

 

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

Services (OGIS). Please visit https://www.archives.gov/ogis/mediation-program/requestassistance for information about how to request OGIS assistance in relation to a FOIA request.

 

Thank you for your interest in FSIS programs and policies. 

 

Sincerely,

 

 

 

Dexter Johnson 

Director, Freedom of Information Act Staff

Office of Public Affairs and Consumer Education

 

Enclosure: 174 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

For