Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 1

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45134+P

45134

Birdsboro

Kosher Farms

Corp.

FKJ581

405140

6N-1

05/02/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On May 2, 2019 at approximately 1200 hours,

after lunch I, , was informed that the

company was currently slaughtering truck number

3.   I used one of the line inspector’s phone to

contact confirm

that during the morning antemortem inspection

he had only inspected two chicken trucks and one

truck containing ducks.  I reviewed the Poultry

Inspection-Lot Tally Sheet located at the line

inspectors station #1 to confirm that the company

was slaughtering a third truck. The current truck

did not have the benefit of antemortem

inspection.  I took immediate regulatory control

and shut off the evisceration and both kill lines.  I

informed that

the third truck currently being slaughtered was

not inspected.  After confirming, his kill

department pulled the truck out of the unloading

bay.  The cages that had been removed but had

not been slaughtered were inspected by 

while I inspected the partial truck chickens

(approximately 2/3 full).  Background: The

production schedule for Thursday, May 2, 2019

provided by the plant indicated that three trucks

of chicken were to be slaughtered.  At

approximately 0600 hours performed the

scheduled daily antemortem inspection on the

two chicken trucks found at the inspection site. 

Later when the third truck arrived, plant personnel

failed to alert FSIS IPP.  This failure did not provide

IPP the opportunity to perform antemortem

inspection as required by 9 CFR 381.70(a) and 9

CFR 382.65(b) prior to slaughter activities.  

 was verbally informed of the

non-compliance.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 2

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL311

805133

1N-1

05/31/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) At 0746 hours on 05/31/2019 I was notified by

 there were four cadavers hanging on

the Line 4 pre-sorter rack.  notified

me that he went over to investigate the Line 4

pre-sorter station with as they

had both noticed the pre-sorter light on. 

notified me that when he got to the

station there were already three cadavers hanging

on the rack and the pre-sorter was just pulling off

the fourth.  The cadavers had been moved to a

condemn barrel where I examined them.  Four

carcasses had no evidence of any cut marks, had

purple heads and necks and red to pink skin. 

There was also one carcass with a miscut (cut on

the back of the neck) and had evidence of not

being sufficiently bled out such as reddening of

the skin, neck and head.  had

notified me that had radioed

for and he said he

was “working on it.” I went to observe at

the pre-sorter station and at 0758 hours I

observed the pre-sorter pull off another cadaver

with no evidence of a cut mark.  I requested 

 to go back to live hang and investigate.  I

then stopped the kill line and requested for a

supervisor to come to pre-sorter station. 

notified me that they were

already taking corrective actions, but did not

specify the exact actions taken.  

then came and told me that they had

already stopped hanging and were taking

corrective actions.  I allowed them to restart the

line to run the birds out. The line was stopped for

approximately 2-3 minutes.  

reported to me that prior to 

coming to speak to me, he and 

had met at the stunners and noticed the line

was stopped.  did not observe

anyone working on the machinery or attending to

the area at the time.  

 also arrived at the stunner and

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (4)(b) (6) (b) (6) (b) (4) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 3

EstNbr EstName NR# Date Task TaskName Regs Description Status

asked what was going on.  Shortly after

restarting the line, I then observed a gap on Line

4.  At approximately 0808 hours I observed birds

back on at the pre-sorter station.  From

approximately 0809 to 0813 I observed six more

cadavers.  Four cadavers had no cut marks at all

and two had very superficial cuts to the skin with

no evidence of the carotid artery being cut.  I

immediately stopped the kill line again and

request for a supervisor. At 0816 hours I notified

 of the forthcoming

noncompliance.  I notified 

that a cluster of birds came through even though

he had previously indicated to me that they had

stopped hanging.  I explained that whatever

measures he put in place was not sufficient to

prevent birds from going into the scalder alive. He

assured me that they were not hanging but

needed the line to be running to work on the

machinery.  I notified to tag live

hang to ensure no more birds could be hung and

requested that he notify supervision that they are

not allowed to hang until corrective actions are

provided in writing.  I allowed them to start the

line back up at this time.  The line had been

stopped for approximately 4 minutes.  At

approximately 0818 hours I observed another gap

in the line.  From our discussion at the time it was

unclear why there were two gaps in the line with

birds in between if live hang was said to be

stopped the supervisor’s directions.  

notified me that he observed maintenance

attending to the machinery only once the kill line

was started back up at approximately 0817

hours.  At approximately 0900 hours 

 presented me with

corrective actions in writing stating that

procedures were reviewed with the back-up knife

employee and the knife machinery was adjusted. 

At approximately 0905 hours the kill line

was released by to production.

(b) (4) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (4) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 4

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL170

411540

7N-1

11/07/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On 11/4/2019 at approximately 0025 hours I, 

was observing the carcasses prior to the

pre-sorters on Line 1 and 2 and began seeing

cadavers emerging from the picker room.  

Between 0025 hours and 0040 hours, while

observing at the area of the pre-sorter station for

Line 2, I observed fourteen cadavers. Twelve of the

carcasses displayed signs of a classical cadaver,

with bright red skin and dark red/purple swollen

heads and no evidence of a neck cut.  The other

two carcasses had bright red skin with dark

red/purple swollen heads but had very superficial

cuts on the necks which did not sever any major

blood vessels, indicating the carcasses were

insufficiently bled out.  

notified me that the kill line during this time

had been slowed to bpm and technicians

were working on the auto-kill machine.  At 0040

hours and 0042 hours while observing in the

pre-sorter area on Line 2, I again observed two

more classical cadavers on Line 2. At 0047

hours, while observing at the Line 2 pre-sorter

station, I observed a cadaver coming out of the

picker room on Line 1.  I went to the pre-sorter

station at Line 1 and as I inspected the cadaver on

the line, I observed that the pre-sorter employee

on Line 1 had filled the hanging rack and

condemned barrel beside the Line 1 pre-sorter

station with cadavers.  I sorted the carcasses on

the hanging rack and the condemned barrel, and I

counted nine cadavers with no evidence of any

cuts, and sixteen carcasses that had their heads

removed, that displayed physical signs of

cadavers, with dark red necks and bright red skin. 

At 0050 hours when I returned to Line 2 pre-sorter

station, I observed the pre-sorter employee had

removed four more cadavers from the line and

placed them on the rack adjacent to the Line 2

pre-sorter station.  At 0056 hours, while observing

at the Line 2 pre-sorter station, I observed three

more cadavers with no neck cuts on Line 2.  At

OPEN

(b) (6) (b) (6) (b) (4)(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 5

EstNbr EstName NR# Date Task TaskName Regs Description Status

this time, I notified 

that I was taking a Regulatory Control Action and

he was to stop shackling on Line 2 until I received

written corrective actions for the cluster of

cadavers I was observing.  I notified that

I would be documenting a noncompliance for the

cluster of cadavers, loss of process control and

ineffective measures being taken to mitigate the

circumstances of auto kill machine malfunctions.  

From 0025 hours to 0056 hours, between Lines

1 & 2, I observed a total of 49 cadavers.  As

carcasses continued to come through on the kill

line as it emptied, I observed one cadaver each at

0059 hours and 0100 hours on Line 2 at the Line 2

pre-sorter station.  At this time, I left the kill floor

to notify of my findings. I

instructed to continue

watching the lines and notify me of her findings. 

From 0101 hours to 0112 hours, 

observed fifteen cadavers on Line 2 at the Line 2

pre-sorter station before birds were cleared off

Line 2.  At 0116 hours, Superintendent Danyl

Locks provided me with written documentation

proffering the plant’s corrective actions as follows:

“kill line will be set at bpm and half line

would be hung until the situation could be

effectively addressed. Visual checks will be

performed throughout this testing process. Once

the necessary adjustment have been confirmed,

production will resume at normal speed.” He also

verbally notified me that an extra back up cutter

would be added to the line for a total of two

back-up employees for Line 2.  At this time, I

released Line 2.  At 0118 hours, 

notified me and that he

observed five cadavers with no cuts on Line 1

while observing from the Line 2 pre-sorter

station.  proffered

that he would put in place the same corrective

actions on Line 1 as was placed in Line 2.  After

corrective actions were in place, 

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (4) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 6

EstNbr EstName NR# Date Task TaskName Regs Description Status

observed only one more cadaver with no cut at

0151 hours on Line 2 at the Line 2 pre-sorter

station. After lunch (0215-0300 hours), I again

observed cadavers on both Lines 1 & 2 from the

Line 2 pre-sorter station.  From 0304 hours to

0335 hours (at 0304 – two birds, then one each at

0309, 0312, 0316, 0331, 0335 hours) for a total of

seven cadavers on Line 2.  From 0321 hours to

0330 hours (one cadaver each at 0321 and 0330

hours) I also observed two cadavers on Line 1. 

During this period from 0300 hours to 0335

hours, Line 2 was running at bpm and Line 1

was running at bpm.  At this time, I asked the

Establishment for further corrective actions.  The

Establishment elected to go back to their

proffered written procedures of bpm and only

filling half the line. 

called maintenance at this time to

further address the auto-kill machine. At 0349

hours, I observed one cadaver on Line 1 while

observing from the Line 2 pre-sorter station.  At

this time the Establishment elected to run the

lines full, but at bpm. At 0445 hours, I

observed one cadaver on Line 1 from the Line 2

pre-sorter station.  At 0446 hours, I again

observed two cadavers on Line 2 from the

pre-sorter station.  At this time, notified

me that they repositioned their back up cutter

personnel.  At 0449, the Establishment elected to

increase their line speed to bpm with the line

full.  At 0501 hours, I observed two cadavers on

Line 2 at the Line 2 pre-sorter station. At 0527

hours, the Establishment elected to increase their

line speed to bpm.  At 0532 hours, 

observed one cadaver on Line 1 while

observing from the Line 2 pre-sorter station. From

0535 hours to 0550 hours (one cadaver each at

0535, 0536, 0538, 0548, 0550 and two cadavers

at 0537 hours) observed a total of

seven cadavers on Line 2 from the Line 2

pre-sorter station. At 0556 hours, 

(b) (4) (b) (4) (b) (4) (b) (6) (b) (6) (b) (4) (b) (4) (b) (4) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 7

EstNbr EstName NR# Date Task TaskName Regs Description Status

observed one cadaver on Line 1 while observing

from the Line 2 pre-sorter station. At this time, the

Establishment elected to reduce the line speed to

bpm.  At 0602 hours, observed

two cadavers within 2 minutes on Line 2 from the

Line 2 pre-sorter station.  At this time, further

corrective actions were proffered by the

Establishment.  They decided to hang birds on

four shackles and skip one shackle at a line speed

of bpm.  Due to the observation of cadavers

throughout the entire shift and the inability to

maintain effectiveness of the corrective actions, I

notified the Establishment that the procedures

currently in place must be maintained for the

remainder of shift. No further cadavers were

observed for the remainder of the shift.  Between

Lines 1 & 2, I had observed 98 cadavers during the

night shift.

(b) (4) (b) (6) (b) (4)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 8

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL170

511350

7N-1

11/07/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On 11/4/2019 while observing at the Line 2

pre-sorter station, at 2223 hours, 

observed three cadavers on Line 1 and at 2224

hours, observed one cadaver on Line

2. Between 2226 hours and 2246 hours (at 2226,

2236, 2240, 2246 hours), while observing at the

Line 2 pre-sorter station, and I,

observed four cadavers on Line 1

informed 

of our findings. Shortly after, Supervisor Alexander

notified me that the technicians were working on

the auto-kill machine to adjust the cutting

mechanism.  Between 2251 and 2255 hours,

 and I observed six cadavers on Line 1

while observing from the Line 2 pre-sorter

station.  At this time 

notified me that Line 1 had been slowed to 

bpm, Line 2 was slowed to bpm and the

Establishment would begin skipping shackles. 

notified me that an

extra back up cutter had been added and that he

also had placed employees after the stimulator,

before the scalder, to ensure no live birds enter

the scalder.  Birds which had been missed by the

machinery and back-ups were removed and taken

back to live hang and any birds with questionable

cuts had their heads removed.  No further

cadavers were observed until the time that the

plant decided to stop slaughter operations on Line

1 at 0000 hours.  Between Lines 1 and 2, FSIS

inspection personnel observed 14 cadavers during

the night shift. Following discussion with 

 notified of

the forthcoming noncompliance on 11/5/19.  In

addition, on 11/5/19, notified

 of the forthcoming

noncompliance. This Noncompliance Record is

linked to PHIS NR BXL1704115407N/1.

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (4) (b) (4) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 9

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL351

711010

5N-1

11/05/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 0820 hours (during the Day

Shift) on 11-5-19, observed two

cadavers on the Kill Line for Line 2 at the area

prior to the pre-sorter station.  went

to the USDA office in Plant 1 to call 

to inform her about the cadavers she

observed.  As was walking back to

the kill floor from the USDA office, she noticed a

third cadaver on line 2 while walking in the area

prior to the pre-sorter station.  All three cadavers

observed by had bright red skin and

had no neck cuts. At approximately 0835 hours

, observed that the

grey condemned barrel next to the pre-sorter

station for Line 2 was approximately 2/3 full.

Upon closer examination, we observed that all the

visible birds (6-7 total) in the barrel were cadavers

based on the bright red skin of the body, neck and

head (carcasses with neck and head visible).  At

approximately 0840 hours and I went

to the scalder/picker room in Plant 1. 

arrived

shortly thereafter in the scalder/picker room.

 asked me if

everything was OK.  I informed 

that observed

cadavers on Line 2 while at the pre-sorter area on

Line 2.  In addition, I informed Department

 of the grey condemned barrel

containing the numerous cadavers.  

did not respond to what I had

said and left.  

returned a short time later, and at 0845 hours in

the presence of ,

observed on Line 2 kill line a live bird

with its eyes blinking and looking around as it

entered the scalder.  The bird that entered the

scalder had no neck cut.  Shortly after further

investigation, I observed one cadaver leave the

Line 1 scalder at approximately 0850 hours and

another cadaver leave the Line 2 scalder at

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 10

EstNbr EstName NR# Date Task TaskName Regs Description Status

approximately 0852 hours. Neither of these birds

had neck cuts and I then proceeded

to observe both Kill Lines at the area before the

pre-sorter stations for Line 2.  Between 0853 and

0910 hours we observed two more cadavers on

Line 1 and seven more cadavers on Line 2. None

of the birds had neck cuts

 was present for most of these

observations but left at approximately 0908

hours. At approximately 0910 hours I informed

 who was standing

between the Line 1 and Line 2 Leukosis Check

stations that I needed to inform 

 that the plant would be receiving

a noncompliance for the cadavers and that I

needed the plant’s Corrective Actions.  

radioed for 

but he did not return to the area

at that time.  At approximately 0912 hours while

and I were in the area of Line 2

pre-sorter station, 

informed us that the plant would be adding two

more back-up cutters after the break. I asked

if the plant had any plans to

reduce the line speed or implement other

corrective actions. informed me

that he would ask his supervisor.  Prior to

observing the kill line at approximately 0830

hours, I checked the line speed of both Lines 1 & 2

at the Plant 1line computer control room and

both were set at bpm.  As I was returning to

Plant 2, I saw and

informed him of the cadavers and forthcoming

noncompliance.  Between lines 1 & 2, FSIS

inspection personnel had observed 20 cadavers

and 1 live bird prior to scalder during the day

shift. This Noncompliance Record is linked to

PHIS NR# BXL1705113507N.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (4) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 11

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL420

511250

7N-1

11/07/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On 11/5/2019 at start-up in Plant 1 on night shift,

while observing carcasses shackled on the line at

the Line 2 pre-sorter station, at 2224 hours 

 observed one cadaver on Line 1, at 2230

hours one cadaver on Line 2, and at 2233 hours,

four cadavers on Line 2.  notified

of his findings.  

 continued to observe birds from the Line

2 pre-sorter station and observed eight cadavers

between 2234 and 2236 hours on Line 2.  I, Dr.

Mehta, joined and we observed

thirteen cadavers between 2237 and 2240 hours

from the Line 2 pre-sorter station. Between

2233 hours and 2240 hours, we observed

twenty-seven cadavers.  During the above interval,

was on the radio notifying

supervisors of the repeated cadavers.  At this time,

I asked if he could call

 to

find out what corrective actions were being

taken.  At 2240 hours 

informed me that he was going to stop

slaughtering on Line 1 and Line 2. 

proceeded to live hang and verified that live hang

had stopped hanging on Line 1 and Line 2. While

the chickens that were previously on the shackle

line processed out and I continued

to observe from the Line 2 pre-sorter station.

Between 2241 hours and 2249 hours, we

observed five cadavers on Line 1 and six cadavers

on Line 2.  At 2255 hours, I notified 

of the forthcoming noncompliance due

to a cluster of cadavers as well as not effectively

ensuring birds did not continue to enter the

scalder alive once live hang was stopped.  Birds

started to emerge from the picking room again at

2256 hours.  provided the

following corrective actions that were made while

there was a gap in the line between 2249 hours

and 2256 hours: the auto-kill machinery was

adjusted, two back up cutters were in place for

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 12

EstNbr EstName NR# Date Task TaskName Regs Description Status

both Lines 1 & 2, and birds would be hung on

every other shackle until the situation could be

effectively addressed. At approximately 2300

hours I proceed to verify the corrective actions. I

went into the “picking room” to observe the birds

coming out the stimulator.  

and were present with me. 

While observing the birds for proper cuts and

signs of consciousness, I observed two birds on

Line 2 blinking, turning their heads and flapping

their wings. I observed superficial cuts on their

necks and showed . At this

time, euthanized the two

birds. I then proceeded to the “blood room.” I

observed that there were two back up cutter

employees per line. I also observed the lead

person adjusting the Line 2 guide bar for the

auto-kill machine. On both lines, I observed

multiple birds going around the guide bar and

missing the auto-killer. The two back up cutters

on each line were diligently working to ensure

these missed birds were cut.  Lastly, I checked the

line speed and both lines were going 110 bpm. 

Between Lines 1 & 2, FSIS inspection personnel

had observed 38 cadavers and 2 live birds prior to

scalder during the night shift.  No further cadavers

were observed until Plant 1 ended operations at

lunch time at 0215 hours.  This Noncompliance

Record is linked to PHIS NR BXL1705113507N/1

and PHIS NR BXL1704115407N/1.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 13

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7089+P7

089

Tyson Foods

Inc

FHB492

209531

0N-1

09/09/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) P7089, Tyson Foods Inc; Regulation 9 CFR

381.65(b) On Monday, September 9, 2019, at

approximately 1715 hours, while in the

evisceration department I observed 4 cadaver

carcasses (i.e., The skin of the carcass or neck was

darker than normal and cherry red to purple, the

neck cut was absent, and birds displayed swollen,

enlarged blood-engorged heads with

blood-colored necks) inside the establishments

condemn barrel beside the rehang table. The plant

supervisor was notified and observed the

carcasses. observed the carcasses and

confirmed the carcasses had died by other means

than slaughter. I left the evisceration department

and went to the killing department of the

establishment at 1738 hours. While observing the

back-up killer, I noticed an ongoing loss of process

control as evidenced by observing two more

cadaver carcasses without cuts to their necks on

the kill line before entering the evisceration

department. The back-up killer was unable to

keep up with birds missed by the automatic

cutter, which resulted in more cadavers seen in

the picking room. Also observed the kill line speed

was birds per minute (BPM), which was

higher than the usual line speed of BPM. The

plant supervisor observed the cadavers and stated

that two back-up killers would be present for the

remainder of the shift. The establishment is not

following good commercial practices, as

evidenced by birds dying other than by slaughter

or not being bled out properly, which represents

noncompliance with 9 CFR 381.65(b).

CLOSED

(b) (6) (b) (4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 14

EstNbr EstName NR# Date Task TaskName Regs Description Status

M751+P10

49

Pitman Farms

Inc. (Moroni

Turkey

Processing)

MMK44

140817

28N-1

08/28/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On August 28, 2019 at approximately 1234

 along

with

were making observations at the

entrance to the scald vat during a Food Safety

Assessment.  At approximately 1235 the first live

bird entered the scald vat.  The bird had a

superficial/ineffective cut low on it’s neck, near

the base of it’s beak, it was rhythmically

breathing, flapping its wings, blinking, holding its

head in an uplifted position and looking from side

to side.  and observed

the bird exit the scald vat and appeared consistent

with a cadaver (red colored skin, head red and

engorged with blood) and they observed an

establishment employee remove the bird from the

shackle.  The second live bird entered the scald vat

at approximately 1238 and appeared the same as

the description of the first live bird that entered. 

Observations of the second live bird exiting the

scald vat were also the same as made by 

 and   Establishment

management

was given verbal notification that a Good

Commercial Practices noncompliance would be

issued through 

 on the above

observations.  This is a noncompliance with

381.65(b), which requires that poultry be

slaughtered in accordance with good commercial

practices in a matter that will result in thorough

bleeding of the carcasses and ensure that

breathing has stopped prior to scalding.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 15

EstNbr EstName NR# Date Task TaskName Regs Description Status

M751+P10

49

Pitman Farms

Inc. (Moroni

Turkey

Processing)

MMK22

160832

29N-1

08/29/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On August 29, 2019 at approximately 1022 hours

 and

 were directly observing

the entrance of the scald vat during a Food Safety

Assessment due to concerns with proper bleed

out of finished product.  Live birds (blinking,

flapping wings vigorously, rhythmically breathing,

arching neck with head lifted and looking from

side to side, with visible superficial ineffective cuts

to one side of the neck) were observed entering

the scald vat at approximately 1025, 1033, 1034,

1037 and 1039 hours.  The carcasses were also

observed by 

exiting the pickers with a bright red coloration

(indicating a cadaver), red head and cuts were

confirmed as previously observed.  At

approximately 1044 hours 

 was notified of a loss of

process control and asked to stop hanging until

corrective actions could be proffered.  It was also

explained that the noncompliance record would

be issued through 

  At approximately

1118 hours proffered the

following corrective actions: 1.      A second

backup killer will be present at all times during

slaughter 2.      An in-depth training will be done

with all the backup killers and documentation will

be provided the morning of August 30, 2019. 

 was informed the proffered

corrective actions were acceptable and the

establishment could resume slaughter operations.

This is a noncompliance with 381.65(b), which

requires that poultry be slaughtered in accordance

with good commercial practices in a manner that

will result in thorough bleeding of the carcasses

and ensure that breathing has stopped prior to

scalding. This noncompliance is associated with

noncompliance record MMK4414081728/1N

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 16

EstNbr EstName NR# Date Task TaskName Regs Description Status

dated August 28, 2019 in which previous

preventative measures either were not

implemented or were ineffective.

P1137 Tyson Foods,

Inc.

YBO241

611070

1N-1

11/01/2019 04C05 Poultry Good

Commercial

Practices

Created in error. CLOSED

P1241 Tyson Foods,

Inc.

MGJ31

070509

09N-1

05/09/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) Between 05:40 and 06:00, 

observed seven or eight chicken carcasses

on the evisceration line and a condemn barrel that

contained chickens that were various shades of

red indicating that either they were poorly bled

out or had not had not been killed properly, i.e.

cadaver.  She immediately stopped the line,

notified an evisceration lead person, then notified

who immediately went to the

New York room to observe the chickens that were

to enter the scalder.  observed

three live breathing chickens between the back-up

killer and the entrance of the first operational

scalder, during this time the New Your Line was

not running.  The chickens would have entered

the scalder had not

taken a regulatory control action.  

discussed the establishment’s failure to maintain

good commercial practices with 

stated that the at the kill machine

had malfunctioned and that the back-up killer was

unable to keep-up.  To prevent any live chickens

between the killer and the first scalder from

entering the scalder, placed an

employee before the first operational scalder to

decapitate the remaining chickens on the New

York line ensuring that none of them entered the

scalder alive.  He then directed the maintenance

department inspect and repair the

killer. Operations resumed after the killer was

repaired.

(b) (6)

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 17

EstNbr EstName NR# Date Task TaskName Regs Description Status

P1243 Perdue Foods,

LLC.

XLB161

307011

7N-1

07/17/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 1341 hours, while performing

the Good Commercial Practices task, I observed

the following noncompliance.  I walked outside to

observe the DOA bin and saw an approximately

2.5 feet by 2 feet pile of birds both dead and alive

at the end of the conveyor belt that moves birds

from the live hang area to the DOA bin area. The

conveyor belt was full of both dead and live birds

as well.  The conveyor belt was jumping and not

moving forward or backward.  There was no one

at the site.  As I started to go find a supervisor,

two establishment employees arrived and started

sorting the birds into dead and live birds.  I

observed some of the live birds being pulled out

had gasping breaths as they were being suffocated

by the birds on top of them.  I continued on into

the live hang area to find a supervisor, I observed

an approximately 3 feet by 3 feet pile of dead and

live birds at the other end of the conveyor belt. 

Since the conveyor belt was not operating, birds

continued to fall on top of this pile.  The live birds

contained in both of these piles were left to die

from suffocation because other birds were

continuing to fall and pile up on top of them. 

There were approximately 15 birds both dead and

alive in the drains around this area of live hang. 

There were also approximately 40 birds walking

around under the live hang platform.  I took

regulatory control of the live hang area by

stopping the further movement of birds into the

live hang area.  I allowed birds which were already

in the live hang area to continue through the

process as the temperature was hot in this area.  I

informed 

 of

the noncompliance with the regulation above.  

 stated that the cause of the pile up

of birds was inattention and to prevent this from

reoccurring, an employee will be stationed at both

ends of the conveyor at all times.  I accepted this

preventative.  I removed regulatory control at

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 18

EstNbr EstName NR# Date Task TaskName Regs Description Status

approximately 1352 hours after all birds had been

sorted and removed from the conveyor, the ends

of the conveyor, and the live hang area including

the drains and under the platform and the

conveyor was once again operational.

P1307 Mar-Jac

Poultry-AL

KIL3013

052007

N-1

05/03/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 15:50, I was informed by a CSI

that she had observed chickens on line 2 with

extremely red necks and even some with heads

attached that were red and showed signs of

improper bleeding.  I immediately went to

observe chickens on line 2, and observed

numerous chickens which fit the description that

the CSI described.  At 16:00, I proceeded to the

scalding area to observe chickens entering the

scalder.   I observed the line for approximately 2-3

minutes, during which time I saw four chickens

enter the scalder with their eyes blinking and their

necks arched, which indicated that they were

alive.  I concluded that the establishment's

process was out of control.  I immediately went to

the live hang room, and took regulatory control 

action by instructing the employees to stop

hanging chickens on line 2.  I then notified the

Live Hang Supervisor of my findings.  I went to the

auto rehang area to look for the chickens that had

entered the scalder alive, and observed the back

up rehanger remove six chickens from the line

that were a deep red color and place them into

the condemn barrel.

CLOSED
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 19

EstNbr EstName NR# Date Task TaskName Regs Description Status

P146 Tyson Foods,

Inc,

EJJ5420

012522

N-1

01/22/2020 04C05 Poultry Good

Commercial

Practices

381.65(b) On January 22, 2020 at approximately 1907 hours

while performing the Good Commercial Practice

(GCP) Task I observed the following deficiency in

the Kill Room area. The kill line #1 was not in

operation and several birds (17) were observed

not breathing and deceased with their heads

submerged in the water in the stunner cabinet. 

The birds were immediately presented to 

. The cause of

death was by means other than slaughter. r

was verbally notified of the

noncompliance in regards to 9 CFR 381.65(b). The

establishment removed the affected birds from

the line in the presence of USDA staff. Continued

noncompliance could result in additional

regulatory or administrative action(s) as described

in 9 CFR 500.4.

CLOSED

P1480 Tip Top

Poultry, Inc.

JBA481

909381

2N-1

09/12/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) OPEN

P18860 Sing Wah Live

Poultry Mkt

Inc

XPD471

109471

2N-1

09/12/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On September 12, 2019 at approximately 12:30

while performing a good commercial practices for

poultry slaughter task  I observed the following: 

The employees in the killing room had put four

poultry carcasses into a barrel to be put into the

scalder, that were still moving and were not dead.

  This is in violation of CFR 9 381.65(b).  I had the

employees immediately remove the poultry and

put them back into the cones until they were no

longer moving.   I  notified and showed the owner

the violation.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 20

EstNbr EstName NR# Date Task TaskName Regs Description Status

P21234 Perdue Foods

LLC

XGI050

501082

7N-1

01/27/2020 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 1121 hours, while performing a

Good Commercial Practice Task on 1/25/2020, I,

 observed the live hang

placing DOAs back on the

slaughter line. I stopped him immediately, and

explained to him that this is not acceptable.

According to Poultry Product Inspection Act (PPIA)

Section 453(g)(5), a poultry product is adulterated

if, among other circumstances, it is in whole, or in

part, the product of any poultry which has died

otherwise than by slaughter. Therefore, he was

placing adulterated product on the line. I

informed 

of this issue and

told them that I would be documenting it in a

noncompliance. This document serves as a written

notification that your failure to comply with

regulatory requirement may result in additional

regulatory or administrative actions.

OPEN

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 21

EstNbr EstName NR# Date Task TaskName Regs Description Status

P2186 GEORGE'S

FOODS, LLC

YJO551

501383

1N-1

01/31/2020 04C05 Poultry Good

Commercial

Practices

381.65(b) On 01/30/2020 beginning at ~17:23 through

~21:50, there was a trend of birds dying otherwise

than by slaughter.  The following GCP

noncompliance and mistreatment of poultry was

observed. At 17:23, I, 

performed a GCP task check in the kill room.  A 2

minute check was performed, and during this time

10 birds were not stunned after exiting the

stunner, 7 birds missed the kill blade, and at least

1 bird missed or nearly missed by the backup

cutter.  I immediately notified who

followed up with   At ~17:30

informed me that they raised the water level of

the electrical stunner so birds would not miss the

stun step. At 17:45-18:18, 

documented that the kill line was starting and

stopping frequently which led her to investigate

further.  Between 17:55-18:05 in evisceration, the

evisc lead was seen performing the following

actions: carrying a cadaver with head attached

into kill room; carrying a second cadaver from the

rehang table towards the sorting lines; carrying

one cadaver in one hand and three cadavers in the

other hand towards kill room.  At 18:10, a floor

employee was seen pushing a full condemn barrel,

with at least two purple cadavers on top, from

salvage. At 19:17 I instructed to

perform a GCP check on the kill floor, telling her

to look for missed stuns, missed cuts, and backup

cutter performance.  At 19:31, she performed the

check and observed 11 missed stuns in 2.5

minutes; 6 of which occurring in the first minute. 

At 19:37 a condemn barrel next to the rehang

table was seen filled with cadavers.  An employee

informed us that 2.5 barrels of cadavers had

already been condemned before break in the

rehang area alone. At 20:56, and 

observed 10 cadavers on the floor by the

rehanger’s feet and the condemn barrel was

overflowing with primarily cadavers.  Also, at least

one cadaver was seen in each of the 5 condemn

CLOSED

(b) (6)(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 22

EstNbr EstName NR# Date Task TaskName Regs Description Status

barrels in the sorting area. performed

an additional GCP check on the kill floor at 20:59

and observed 12 birds miss the stunner in 2.5

minutes as well as more than 40 chicken heads

piling on the floor next to the backup cutter.  A

final GCP check by and was

performed at 21:27, counting 9 birds missing the

stunner in 2.5 minutes. At 21:38-21:42, 

 and myself observed 5 cadavers

coming off the picking line; 3 had no cut and 2

had their heads cut off, but did not bleed out

adequately, still resulting in cadavers.  I spoke

with at ~21:45, who told me they were

raising the water level of the stunner for a second

time.  At this point, slaughter ended

approximately 8 minutes later. Despite

consistent intervention, observation, and

corrective actions by the establishment, birds

continued to die by means other than slaughter

throughout the night, leading me to conclude the

establishment had lost control of the process. 

was notified on 01/31/2020 that

the event would be documented as a

noncompliance.  Based on the information

provided above, this event is noncompliant with

9CFR 381.65(b), poultry must be slaughtered in

accordance with good commercial practices in

such a way that results in thorough bleeding of

the carcasses and ensures that breathing has

stopped prior to entering scalder.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 23

EstNbr EstName NR# Date Task TaskName Regs Description Status

P325 Tyson Foods,

Inc.

YDM58

220939

20N-1

09/20/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On September 20, 2019, at approximately 1655

while was walking through

the Evisceration department, the following

noncompliance was observed.  noticed

that the condemn barrels were filled to capacity

at the rehang station and was going to make sure

they were being emptied as frequently as needed. 

Upon further inspection, multiple cadavers were

noted with intact heads and necks.  She then

began investigating further into the barrels.  In the

two barrels that were at the rehang station, there

were 25 cadavers with the same findings.  During

this investigation, two more birds with the same

findings were removed from Evisceration Line 1. 

came to the rehang

station while the birds were being investigated by

.  It was determined that all the birds

with intact heads and necks entered the

evisceration floor and therefore entered the

scalding vat still breathing (cadavers), which

represents an out of control process that results in

adulterated product.  It was determined all the

birds that had intact necks and heads were

removed from Evisceration Line 1.  

directed the hanging pen to stop hanging birds

while they investigated the situation. 

Establishment management determined that the

new employee working as a backup cutter was

the root cause in addition to the cutting blade

being maladjusted.  At approximately 1717, .

 discussed the noncompliance

and concerns.  stated for preventative

measures they were going to adjust the cutting

blade and place an experienced team member at

the back up cutter location because the root

cause team member presently in the location has

never performed the job until today.  At

approximately 1720, went to the

picking room to verify the measures were in place

CLOSED

(b) (6) (b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 24

EstNbr EstName NR# Date Task TaskName Regs Description Status

and observed no experienced team member at the

back up cutter position.  took a

regulatory control action and had stop

hanging birds on that line until they could have

their corrective measures in place.  At

approximately 1725 relinquished

control to the establishment once the extra team

member was in place in the back up cutter

position. It was discussed with that this

does not meet the regulatory requirement to

slaughter poultry in accordance with good

commercial practices that result in thorough

bleeding to ensure breathing stops before

scalding, and that these cadaver birds are

considered adulterated.  This document serves as

written notification of the establishment’s failure

to meet the regulatory requirements of 9 CFR

381.65(b).  This Noncompliance Report serves as

written notice that continued failure to meet

regulatory requirements can lead to enforcement

actions described in 9 CFR 500.4.  

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 25

EstNbr EstName NR# Date Task TaskName Regs Description Status

P325 Tyson Foods,

Inc.

YDM27

101230

14N-1

12/14/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On 12-13, 2019 at approximately 1725 hours

while performing a Good Commercial Practices

task in the Live Hang Receiving Area, I observed a

bird laying on the ground underneath the roller

bed where empty cages leave the bird dump exit. 

Upon further observation, the bird appeared to be

immobile, head down in the litter, lying flat on the

ground.  I proceeded to the Live Hang Room and

summoned 

 to the scene.  

proceeded to remove the bird from underneath

the Roller Bed.  Upon further examination of the

bird it was obvious that it was dead from blunt

force trauma.  The carcass had sustained a 4 in. by

6 in. rectangular full thickness tear into its

abdominal cavity exposing a 6 in. loop of semi

moist intestine dangling from the opening.  One

could assume that it had succumbed in the last

couple of hours.  , and Plant

Manager, Mr. Brian Shankle were notified of the

forthcoming noncompliance. ,

 and I observed the Roller Bed

for its integrity and noticed that there is a 6 in. by

3 ft. opening in the Roller Bed platform as the

cages exit the Bird Dump.  As a possible root cause

this bird may have escaped from its cage during

the dumping process, then killed by a rolling cage

crossing the surface of the roller bed and dragged

through the previously mentioned opening.  As a

corrective action indicated that he

would have Maintenance weld a metal plate in

place to prevent reoccurrence.  This document

serves as written notification of the

establishment’s failure to meet the regulatory

requirements of 9 CFR 381.65(b) and serves as

written notice that continued failure to meet

regulatory requirements can lead to enforcement

actions described in 9 CFR 500.4. Plant

management is expected to employ proper

handling methods consistent with good

commercial practices.  It is important for the

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 26

EstNbr EstName NR# Date Task TaskName Regs Description Status

establishment to treat poultry in a manner that

prevents needless injury and suffering in order

that a commercially marketable, unadulterated

product may be produced as described in 9 CFR

381.65. As stated in 9 CFR 381.65(b) in Support of

Good Commercial Practices: “Poultry must be

slaughtered in accordance with good commercial

practices in a manner that will result in thorough

bleeding of the carcasses and ensure that

breathing has stopped prior to scalding”. The

establishment is reminded that NRs for

noncompliance with 381.65(b) and MOI for GCPs

when finalized are posted for public review on the

FSIS website and that the information associated

with NRS and GCPs can be FOIA requested by

individuals from the general public.  The

establishment is also reminded they are

responsible for providing their own MOI responses

through PHIS. Copies of this NR/MOI will be

distributed to the Establishment, the USDA

inspection file, and the District Veterinary Medical

Specialist per Directive 6100.3.  The issue will also

be discussed at the next weekly meeting. 

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 27

EstNbr EstName NR# Date Task TaskName Regs Description Status

P44947 Two Brothers

for Wholesale

Chicken, Inc.

TRR201

008562

3N-1

08/23/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On Friday, 08/16/2019, at approximately

1015am, while performing a directed Good

Commercial Practice PHIS task to verify the

establishment was following GCP guidelines as

written in 9CFR 381.65(b), 

observed the following: In the live holding

/killing floor area, three young chickens were in a

barrel, however, they were still moving and had

not been fully bled out. Retain tag #B42078637

was placed on the barrel. 

 was immediately

notified of this non-compliance with 9 CFR

381.65(b). IIC was also notified regarding this

non-compliance and a corrective action was

prompted, The workers placed the chickens into

the cones, so they would bleed out appropriately.

The retain tag was removed and slaughter

proceeded.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 28

EstNbr EstName NR# Date Task TaskName Regs Description Status

P4602A NEW MARKET

POULTRY, LLC

YCG521

007560

9N-1

07/09/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On July 9, 2019 at 0728 hours, I, 

) while in

the office of the Inspector In Charge was

summoned to the second inspection station of

evisceration line 1 by an online food inspector

(FI-7).  The FI-7 exhibited to me a “true cadaver”

removed from the line and placed on a holding

shackle for my inspection.  The heavy hen carcass

had an attached head and no evidence of a

slaughter incision across the throat area indicating

it had not been bled before entering the scalding

water.  I informed and

 of this finding. 

Later, at approximately 0738 hours while

performing postmortem inspection at evisceration

as part of giving a different FI-7 a work

break, I personally removed a different true

cadaver.  This heavy hen carcass was an intense

“cherry” red generally across the whole of the

body typical of identified cadaver birds.  The head

was removed before the first cervical vertebra

with an intact trachea and blood vessel lesions

presenting a torn rather cut appearance with

uneven, jagged skin draped over the site of

decapitation.  I judged this presentation to evince

that a second chicken had not died by slaughter

prior to entering the scalding water.  I presented

this cadaver to 

 and informed 

 of the noncompliant findings. 9

CFR 381.65 (b) requires that “poultry must be

slaughtered... in a manner that will result in

thorough bleeding of the carcass and ensure that

breathing has stopped prior to scalding.”

(b) (6)

CLOSED

(b) (6) (b) (6) (b) (6) (b) (4) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 29

EstNbr EstName NR# Date Task TaskName Regs Description Status

P4734 New Lee's Live

Poultry Market

Inc.

XKD560

501132

0N-1

01/20/2020 04C05 Poultry Good

Commercial

Practices

381.65(b) On Monday, 01/20/2020, at approximately 6:20

am, while performing a directed Good

Commercial Practice PHIS task in order to verify

the establishment was following GCP guidelines as

written in 9CFR 381.65(b), I observed the

following: In the live holding /killing floor area,

workers were immediately putting birds into the

barrel after the knife cut instead of into the

bleeding cones. Several birds were moving inside

the barrel; three were able to flip out of the barrel

onto the floor. Retain tag number B41435252 was

placed on the barrel. was

immediately notified of this non-compliance with

9 CFR 381.65(b). The 13 birds inside the barrel

were condemned. Retain tag #B41435252 was

removed. ordered workers to place the

chickens into the cones after the knife cut so they

would bleed out appropriately.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 30

EstNbr EstName NR# Date Task TaskName Regs Description Status

P509 Koch Foods

LLC

IPG522

209591

1N-1

09/11/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 9:20 pm at Koch Foods

(P-00509), there was a failure of the automatic

knife in the poultry killing line resulting in many

birds that entered the scalder inadequately bled

and a few that entered the scalder alive. The

automatic knife was not adjusted properly to

produce an adequate killing cut across the carotid

arteries that left many birds inadequately bled

and some birds breathing when they entered the

scalder. The automatic knife made instead a

shallow cut behind the beak that did not cut the

carotid arteries to produce death by blood loss.

Further, the killing line could not be stopped by

the back-up cutter on the killing line once the

failure became apparent to her. The killing line

was stopped by a supervisor and two back-up

cutters made back up cuts to the birds prior to the

neck puller. The plant removed and disposed of all

birds that exited the scalder after the killing line

was stopped. The issue of the control of the killing

line by the backup cutter was addressed in an

August 13, 2019 weekly meeting with plant

management where an increase in cadavers and

back up cutter control of the process was

discussed. After making repairs to the automatic

knife and testing the knife on a small number of

birds, the line was restarted at

 approximately10:30 pm with two back-up

cutters. Further observation of the killing line

around 11:30pm showed both back-up cutters

were making too many follow-up cuts on the birds

after the automatic knife. IPP observed one bird

around 11:45pm that had been missed by

automatic and backup cutters and stopped the

line, so a backup cut could be made. I took control

of the line and had the speed reduced to birds

per minute while further adjustments were made.

At around 11:50 pm the speed was returned to

 birds per minute when it was observed that

the backup cutters were able to maintain control

of the slaughter process in an acceptable manner.

CLOSED

(b) (4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 31

EstNbr EstName NR# Date Task TaskName Regs Description Status

This incident is non-compliant with 9 CFR 381.65

(b) Poultry must be slaughtered in accordance

with good commercial practices.

P517 Mar-Jac

Poultry-MS

QOO16

041136

29N-1

11/26/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On November 26, 2019, at approximate 2040,

while performing GCP verification for the

Southside picking line (line #2), 

observed a systemic failure in the picking room,

which resulted in an out of control process.

Specifically, approximately three live birds were

observed entering the scald tank because the

backup killers, even with additional help, could

not keep up with the amount of birds missed by

the kill machine. Also observed were conscious

and alert birds with their heads raised, exiting the

kill area, with no further intervention between

them and the scalder. Regulatory control was

taken by instructing management to stop hanging

on the back dock for the affected line. 

 was notified of this

noncompliance verbally and in writing with this

NR. This represents a failure to meet regulation

381.65(b).

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 32

EstNbr EstName NR# Date Task TaskName Regs Description Status

P5787 Pilgrim's Pride

Corporation

DEB212

207132

2N-1

07/22/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) P5787, Pilgrim’s Pride at Natchitoches; Regulation

9CFR381.65(b); On Sunday, July 07, 2019 at

approximately 2200 hours, I, 

 observed the following while

performing Good Commercial Practices

verification task:  fourteen (14) breathing birds

entering the scalder, within a one minute window.

The necks of these breathing birds were cut on

one side only, some cuts as short as half inch,

other cuts as distal at the ear. These young

chickens are deemed alive and sensible because

their necks are not limp but tensed and arched,

some with beaks opening and closing trying to

breathe, others with eyes wide open, and flail as

they come in contact with the scalder water. I

summoned at the pre-scalder

to see for himself the breathing birds entering the

scalder.  Together, we saw at least 3 more

breathing young chicken enter the scalder in a

matter of ten seconds. Upon seeing the

aforementioned, 

immediately instructed a plant worker to adjust

the kill/slitter machine. After a minute or two,

 and I walked back to the

pre-scalder and found no more breathing bird

enter the scalder.    This is a non-compliance of

9CFR381.65(b).

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 33

EstNbr EstName NR# Date Task TaskName Regs Description Status

P5787 Pilgrim's Pride

Corporation

DEB110

408100

9N-1

08/09/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) At 0206, while performing the stunning

effectiveness component of the good commercial

practices procedure, I approached the back-up

cutter station on line 2.  The back-up cutter on

line 2 nodded and waved to me and I nodded and

waved to him.  I positioned myself to best observe

stunning effectiveness and started my stopwatch. 

While observing for stunning effectiveness, I

observed a bird that was not stunned that the

back-up cutter cut the neck to ensure

exsanguination and, thus, unconsciousness before

the bird entered the scalder.  The second bird

after the one just described was not stunned and

its legs were not hung evenly in the shackle.  The

employee moved the trailing leg so that it was at

the bottom of the shackle loop even with the

leading leg.  By the time the back-up cutter had

gotten the trailing leg hung evenly with the

leading leg, the bird had started to pass behind

the metal partition that is perpendicular to the

wall that has an opening through which the line

passes as it continues over the blood trough on

the way to the scalder.  The back-up cutter

grabbed the bird’s head with his left hand (he was

holding a knife in his right hand) and held on to it

while the line kept moving, thus ripping the head

from the fully-conscious bird.  I observed the

back-up cutter throw the bird’s head into the

drain that is on the east side of the line 2 back-up

cutter station.  Shortly after I observed the animal

welfare incident described above, 

 came to the area and I asked to speak

with him in 

Office.  I described what I had observed

to and 

 and informed them that I would issue a

noncompliance report.  instructed .

to take the back-up cutter to the

personnel office because that was an animal

welfare issue. This is a noncompliance with 9 CFR

381.65(b).

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 34

EstNbr EstName NR# Date Task TaskName Regs Description Status

P5787 Pilgrim's Pride

Corporation

DEB580

911110

1N-1

10/31/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) #237 On October 31, 2019 at approximately

1031, there were at least 200 birds, the majority

of them dead on arrival birds (DOAs), lying on the

floor of the live hang area.  Most of this pile

contained DOAs with some live weak birds among

then.  I counted at least 20 birds in this pile that

were still alive though moribund being buried

under/smothered among the DOAs.  I notified the

, to stop hanging

birds until this pile could be properly sorted and

any live birds removed from among the DOAs. 

 The pile was sorted and the plant resumed

hanging birds at approximately 1039.  The DOAs

continued throughout the day but were more

successfully sorted by the establishment.  One

DOA was removed from line 2 inspection

station 2 by an USDA inspector.  I confirmed the

bird was a DOA and condemned it.  DOAs should

not be hung in the live hang area and allowed to

be conveyed into any processing areas.  The

weather had turned cold overnight and these

chickens died by means other than slaughter. 

While it appeared most of the DOAs had died

prior to arrival into the live hang area, the weak,

moribund birds were thrown onto the same pile

as the DOAs thereby endangering them to die by

being smothered among the DOAs (died by means

other than slaughter).  This is non-compliance of 9

CFR 381.65(b) whereas poultry must be

slaughtered in accordance with good commercial

practices.  Chickens dying by means other than

slaughter create an insanitary condition and are

adulterated in non-compliance of 9CFR 381.65(a)

and 9 CFR 416.4(d).      

CLOSED

(b) (6) (b) (6) (b) (4)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 35

EstNbr EstName NR# Date Task TaskName Regs Description Status

P5787 Pilgrim's Pride

Corporation

DEB180

412062

6N-1

12/26/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) NR# 278 At approximately 0355, while

performing the stunning effectiveness component

of the good commercial practices procedure, I

walked over to line 1 and observed the backup

cutter pull the head off of a conscious bird

without using a knife. I then observed the backup

cutter throw the head into the drain. After he did

this, he turned around to make sure no one saw

him.  When he saw that I was standing there, I

shook my head, letting him know I saw him.  I

then went to the office of 

 and notified him

of the noncompliance.  then left his

office and went straight to the backup cutter to

inform him of the animal welfare issue. This is a

noncompliance with 9 CFR 381.65(b)

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 36

EstNbr EstName NR# Date Task TaskName Regs Description Status

P6505 Norman W.

Fries, Inc.

BBA101

511380

8N-1

11/08/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On Wednesday 11/06/2019 at 2323 while I was

with on line 2, I was called by 

 and to the

Evisceration area where noticed 2 full

barrels of Cadavers next to line 2 and 1 full barrel

next to line 1, and tagged them with

USDA Tag number B38137008, on looking at the

birds they were red to purple with congested neck

and no cuts were observed on their necks giving

an appearance of typical cadavers, I notified 

 of the issue,

they said there was an issue with the kill machine

that was fixed, but while we were there, we

noticed more cadavers coming on to lines 1&2.

The number of cadavers was too many to count

but roughly there were over 300 birds. Live

chickens entering the scald tank and dying by

means other than slaughter is not according to

PPIA and Agency regulations requiring that live

birds to be handled in a manner consistent with

good commercial practices. Previous MOIs were

issued by and for the same issue

on 07/25/2019 and 09/19/2019 respectively

indicating a system failure to control this process

and ongoing pattern or trend is developing.

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 37

EstNbr EstName NR# Date Task TaskName Regs Description Status

P687 House of

Raeford

XRA111

712380

4N-1

12/04/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) Around 1030 hour on 12/4/19, ,

can to me inside in plant USDA-FSIS Office,

, stating that there

were piles of birds backed up on the conveyor belt

all the way to the entrance to the live hang area

(inside) and that they were fallen off the conveyor

on the cement floor some estimated 8 plus feet

below. When I arrived at live hang I observed a

very tall pile of dead chickens piled at the end of

the hanging table on either side as workers were

gathering the dead chickens. stated she

had already seen 6 barrels of dead chickens by

that time. We continued to the cage dump area

where I observed the 

, whom I had just seen in hanging area,

was now straddling the incline conveyor belt sides

going to live (that is high above the ground). He

was pulling chickens out of the (stuck) pile just in

front & to right of the cage dump. He was

straddling several feet from the cage dump

conveyor onto of metal sides of the incline

conveyor leading to the hanging area. I also

observed an employee picking up chickens off the

ground, carrying 2 -3 in each hand held by the

leg(s). They looked like were perhaps dead. But I

was too high up to confirm. Plant

Manager – Randy Crapps was present at the time

of my observation in which I expressed this was a

GCP concern. At the time I could not understand

why so many chickens, why or how the pile

occurred. I returned to live hang to which I noted

the birds were still being put in the condemn

barrels. I touched some to feel they were warm

like a live chicken and noted to Plant

Manager – Randy Crapps some of the dead

chicken that had fresh injury; showing him

approximately 5 in all. Some of the chicken

midways and to the bottom of the tall pile were

cool to touch, Some with and some without rigor

mortis. Total as witnessed by IPP, approximately

15+ full (yellow) condemn barrels dead chickens

(b) (6)

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 38

EstNbr EstName NR# Date Task TaskName Regs Description Status

were collected due to this incident. Gathering

and assessing the situation, I did notice a cage

door carried from the live hang room. It was

reported that this was a factor in this GCP

occurrence; that it fell off one of the cages into

the cage dump. The other information gathered

was that the cage dump operator continued to

dump chickens on top of each other. Also, when I

went back outside to finish my observations, I

stopped the cage dump operator from dumping

chickens when the chickens were approximately

halfway across the cage dump conveyor. I

subsequently notified Day Shift Receiving

Supervisor and Day Shift First Processing Manager

of this finding; concerned the operator may injury

or kill more chickens by dumping chickens on top

of chickens. Around 1330-hour 

 and Plant Manager – Randy

Crapps was verbally notified would be

documented as noncompliance.

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 39

EstNbr EstName NR# Date Task TaskName Regs Description Status

P7264+V72

64

Sanderson

Farms, Inc.

VLB510

912530

6N-1

12/04/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On Wednesday December 4, 2019 at

approximately 1205 hours while doing a

walkthrough under the hanging dock (USDA) .

 observed (4) live young chickens in

the(DOA’s) bin that contained some dead- onarrival (DOA’s) chickens. was

notified of this finding. stated that the

birds found were decapitated and disposed of

properly and a welfare retest was performed. The

preventive was that all birds will be decapitated,

failure to do so will result in disciplinary action a

training will be performed. The establishment

failed to comply with the following regulatory

requirement: 9 CFR 381.65 (b) states, “Poultry

must be slaughtered in accordance with good

commercial practices in a manner that will result

in thorough bleeding of the carcasses and ensure

that breathing has stopped prior to scalding.

Blood from the killing operation must be confined

to a relatively small area. This document serves

as a written notification of your failure to comply

with regulatory requirements could result in

additional regulatory or administrative action per

9 CFR 500.4.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 40

EstNbr EstName NR# Date Task TaskName Regs Description Status

P7769 Farbest Foods,

Inc.

EDF382

001122

0N-1

01/20/2020 04C05 Poultry Good

Commercial

Practices

381.65(b) On Monday, January 20, 2020 at approximately

20:45 hours, I, proceeded to the

CO2 stunning area after reported that

the CO2 stunner had malfunctioned, and live birds

were being dumped onto the hanging belt.  She

reported that a large number of live birds were

falling from the belt onto the floor and employees

had placed several live turkeys into large yellow

combos prior to leaving the area for break. Upon

arrival, I found two yellow plastic combos

completely full of live birds.  Each combo held

approximately 25 young turkeys stacked in 2-3

layers. The other live birds had been placed into

stack cages.  I found 

 and 

 in the CO2 control

room and told them of the intentional stacking of

live birds by plant employees and the imminent

suffocation of birds.  and .

instructed plant employees to remove

the birds and place them into stack cages.  All

birds in the lower half of each combo were

deceased, approximately 10-12 head per combo. 

 asked a plant employee if all birds had

been alive at the time of placing them into the

combos.  The employee responded affirmative

with a nodding of the head informed

me that all suffocated birds would be condemned

and that the plant would conduct a training

meeting with live receiving employees at the end

of the shift.  Subsequently, the CO2 stunning

equipment was repaired, and normal operations

resumed. I informed the plant was in

noncompliance with regulation 9 CFR 381.65(b)

Good Commercial Practices for Poultry Slaughter

and a NR would be issued.  This incident

represents a loss of process control due to the

large number of live birds involved and several

establishment employees intentionally stacking

live birds on top of one another resulting in the

suffocation deaths of multiple turkeys.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2020-110 10:12 Friday, February 21, 2020 41

EstNbr EstName NR# Date Task TaskName Regs Description Status

P9030 New American

Poultry

NRF591

607103

1N-1

07/31/2019 04C05 Poultry Good

Commercial

Practices

381.65(b) On July 25, 2019 at approximately 1:00pm while

performing my online inspection duty's I noticed

two KF chickens that had failed to be cut proper

allowing for the birds to properly bleed out before

entering the scold water. This was evident to there

generalized dark cherry red coloring to there

entire carcass signifying that it had not been

properly bleed. The first KF cadaver carcass had no

cut to its throat and about 30 seconds apart from

the first KF chicken cadaver carcass the second

cadaver passed my inspection shower there was a

cut but no bleeding at all. At about 2:15pm while

performing my online inspection duty's I noticed

two squabes that had failed to be cut proper

allowing for the birds to properly bleed out before

entering the scold water. This was evident to there

generalized dark cherry red coloring to there

entire carcass signifying that it had not been

properly bleed. The first squab had a small cut on

its throat completely insufficient for proper

bleeding. the second squab came about a minute

after the first one and was showing the same

characteristics of the first. I notified of

the birds. said they will retrain the cutters for

corrective action. This is a direct violation of Good

Commercial practices 9 CFR 381.65(b) which

states that poultry are to be slaughtered in a

manner that ensures that breathing has stopped

before scalding, so that the birds do not drown

and that slaughter. I immediately notified the

plant owner Howard Chan and showed him the

four cadavers squabs and informed him of the

non-compliance with 9 CFR 381.65(b).

CLOSED

(b) (6) (b) (6)