May 2, 2019

 DELIVERED VIA EMAIL

Ms. Deborah Press 

American Society for the Prevention of Cruelty to Animals

600 Pennsylvania Ave. SE, Suite 450

Washington, DC 20003

RE: FOIA-2018-00062

Humane Treatment of Poultry Records 

Dear Ms. Press:

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

October 31, 2017, to the U.S. Department of Agriculture’s Food Safety and Inspection

Service (FSIS). You requested access to Noncompliance Records, Memorandums of 

Interview, Letters of Cause, and Letters of Concern for noncompliance related humane 

treatment of poultry under the Poultry Products Inspection Act, January 1 – September 30, 

2017. We received your request in our Office on October 31, 2017. 

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 following 

divisions: Office of Planning, Analysis and Risk Management. FSIS’ search began on 

November 21, 2017. Our search includes responsive records in FSIS’ control on that date.

We have located 427 pages that are responsive to your request. After a thorough review, 

portions of some pages are exempt from disclosure under (b)(4)/(b)(6) of the FOIA, 5 

U.S.C. § 552, as amended. Accordingly, this request is granted in part.

Some responsive records contain confidential, commercial or financial information, which is 

exempt from disclosure under FOIA Exemption 4, 5 U.S.C. § 552(b)(4). Disclosure of this 

information may cause substantial competitive harm to the person from which this 

information was obtained. Further, disclosure of this information may impair the 

government’s ability to obtain necessary information in the future. 

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.

You may appeal this determination within 90 days from the date of this letter. Your appeal 

should include copies of your original request and this response, as well as a discussion of 

the reasons supporting your appeal. The envelope should be plainly marked to indicate that 

it contains a FOIA appeal. If you decide to appeal this determination, please send your 

appeal to: 

Food Safety and 

Inspection Service

1400 Independence 

Avenue, SW.

Washington, D.C.

20250
Ms. Deborah Press 

Page 2

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

 An Equal Opportunity Provider and Employer

Carmen Rottenberg

Administrator

Department of Agriculture

Food Safety and Inspection Service

1400 Independence Avenue, S.W.

Room 1170, South Building

Washington, D.C. 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.

If you have any questions about the way this request was handled, or about the USDA’s FOIA 

regulations, please contact Brian Eiler at 202-690-1787or via email at Brian.Eiler@usda.gov. If you 

have general questions about FSIS’ FOIA procedures or regulations, please contact our FOIA Public 

Liaison, Arianne Perkins, at 202-690-2760 or via email at Arianne.Perkins@fsis.usda.gov.

Additionally, you may contact the Office of Government Information Services (OGIS) at the National 

Archives and Records Administration to inquire about the FOIA mediation services they offer. The 

contact information for OGIS is as follows: Office of Government Information Services, National 

Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, 

e-mail at ogis@nara.gov; telephone at 202-741-5770; or facsimile at 202-741-5769.

Thank you for your interest in FSIS programs and policies. 

Sincerely,

Arianne M. Perkins

Director, Freedom of Information Act Staff

Office of Public Affairs and Consumer Education

Food Safety and Inspection Service

Enclosure