USDA 

United States Department -- of Agriculture 

Food Safety and 

Inspection Service 

1400 Independence 

Avenue, SW. Ms. Erin Sutherland 

Washington, D.C. Staff Attorney 20250 Animal Welfare Institute 

900 Pennsylvania Ave., SE 

Washington, DC 20003 

erin@awionline.org 

Dear Ms. Sutherland: 

January 18, 2022 

TRANSMITTED VIA ELECTRONIC MAIL 

RE: 2022-FSIS-00005-F 

04C05 Inspection related records 

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

dated October 1, 2021, to the U.S. Department of Agriculture’s Food Safety 

and Inspection Service (FSIS). You requested records regarding all 04C05 

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

poultry under the PPIA, including Noncompliance Records (NRs), and 

Memorandums of Interview (MOIs), issued from July 1 to September 30, 2021 

and any remaining records in FSIS’s possession related to the humane 

treatment of poultry under the PPIA, including Memorandum of Information, 

Letters of Concern, and Letters of Cause, issued from July 1 to September 30, 

2021. We received your request in our office on October 5, 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 Field Operations and Office of Planning, Analysis and Risk 

Management. FSIS’ search began on October 5, 2021 and includes responsive 

Please be advised that the Inspection Task data sought can be located on the FSIS 

website at the following link: https://www.fsis.usda.gov/science-data/data-setsWe have located four (4) pages that are responsive to your request. After a 

thorough review, we have determined that a portion of the records are exempt 

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

Accordingly, this request is granted in part. 

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 

records in our control on that date. 

visualizations/inspection-task-data. 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

Erin Sutherland 

Page 2 

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. 2022-FSIS-00005-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. 
 

 

 

G2 

t 

Services (OGIS). Please visit 

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

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

Sincerely, 

Thank you for your interest in FSIS programs and policies. 

request. 

For 

Enclosure: 4 pages 

Office of Public Affairs and Consumer Education 

Director, Freedom of Information Act Staff 

Dexter Johnson 

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