An Equal Opportunity Provider and Employer

May 27, 2021

TRANSMITTED VIA ELECTRONIC MAIL

Emily von Klemperer

General Counsel

Farm Sanctuary 

3100 Aikens Road 

Watkins Glen, NY 14891

evonklemperer@farmsanctuary.org

RE: FOIA-2019-00298

 04C02 Inspection Task Records

 

Dear Ms. von Klemperer:

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

dated April 17, 2019, to the U.S. Department of Agriculture’s Food Safety and 

Inspection Service (FSIS), in which you requested a copy of 04C02 inspection task 

records relating to humane handling, from October 1, 2017 to April 17, 2019. You also 

requested that FSIS post all inspection task records for non-compliance related to the 

humane slaughter of livestock under the Humane Methods of Slaughter Act (HMSA). 

We received your request in our office on April 17, 2019. 

On December 29, 2020, you amended this request to a list of Noncompliance Reports 

and Memorandum of Interview without descriptions, from October 1, 2017 to April 17, 

2019. On January 8, 2021, after receiving our final response, along with the records 

satisfying your amended request, you determined you wanted to keep the original scope 

of the request. Thus, this amended final response addresses the scope of your original 

April 17, 2019, request.

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

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

Planning, Analysis and Risk Management, the Office of Investigation, Enforcement and 

Audit and the Office of Field Operations. FSIS’ search began on April 19, 2019. Our 

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

We have processed an additional 1,569 pages that are responsive to your requests. 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). The exemption covers two distinct categories of information in federal 

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

Food Safety and 

Inspection Service

1400 Independence 

Avenue, SW.

Washington, D.C.

20250
Emily von Klemperer

Page 2

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

withholding confidential business information, such as Hazard Analysis and Critical Control Point 

information, equipment information and proprietary processing procedures, which are 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 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 no later than 90 days from the date of this letter. Your appeal 

should include copies of your original requests and this response, as well reasons supporting your 

appeal. The envelope should be plainly marked to indicate that it contains a FOIA appeal. If you 

decide to appeal, please send 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

FSIS.FOIA@USDA.GOV

Please be advised that your FOIA requests, 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.

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

regulations, please contact Ethan Pickrell at 202-260-8912 or via email at Ethan.Pickrell@usda.gov. 

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

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

Page 3

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/request-assistance

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,

April D. Harrid

Acting Director, Freedom of Information Act Staff

Office of Public Affairs and Consumer Education

Enclosure

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