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15 M11033 Waygood Custom Meat LLC MAE21150

80323G

23AUG2018 04C02 Livestock

Humane

Handling

Open HATS Category VIII – Stunning Effectiveness (9 CFR

313.15). On August 23, 2018 at approximately

11:35am, I, , observed the

following while performing the humane handling

task at WayGood Meats (Greenfields). As I walked

from the kill floor to the knock-box, I noted a

steer had been driven into the knock-box and was

standing calmly. The establishment personnel

knocked the steer laterally of the appropriate

knocking area just over the right eye; the knock

was ineffective. The establishment personnel

immediately used the backup hand-held knocking

gun and, in the same area as the first knock,

attempted to knock the steer; the second knock

was ineffective. The establishment personnel

reloaded the first gun and, in the same area as

both prior knocks, attempted to knock the steer;

the third knock was ineffective. The establishment

personnel reloaded the back-up hand knocker

and, in a position more medial than the previous

attempts and closer to the appropriate knocking

area, attempted to knock the steer; this knock

was effective. During the repeated attempted

knocks, the steer was not distressed but was alert,

responsive, and completely conscious. All three

knocks penetrated the skin and the third knock

left metal fragments embedded in the skull. After

the fourth knock, the steer had no signs of

consciousness and was hoisted and bled normally.

After verifying unconsciousness on the rail, 

 tagged the knock-box under my

instruction. I inspected the skull and found that

three of the knock-holes (the first three) were

clustered together over the right eye in the orbit

bone; the fourth and last knock-hole was in the

center of the skull in an appropriate area to

render an animal unconscious. All knocks

penetrated the skull. In conclusion, there were

three attempted knocks there were insufficient in

causing unconsciousness and the fourth and final

(b)(6)

(b)(6)
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attempted knock resulted in total

unconsciousness. The establishment does not

maintain a written robust approach to humane

handling. There is no association required due to

no previous humane handling non-compliance

records existing for this plant.
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50 M17564 Indiana Packers Corporation MLO51100

75231G

31JUL2018 04C02 Livestock

Humane

Handling

Finalized USDA and

 met with 

and 

to discuss USDA's observation at

the CO2 On 7/30/18, 

observed animals exiting the East Butina

with reflex movements and some were showing

signs of regaining consciousness.  The

establishment employee at the shackle table

administer effective security knocks with a hand

held captive bolt gun on the animals that were

showing signs of regaining consciousness and

notified CO2

  After approximately 10 minutes,

animals continued to exit the East with

reflex movements and security knocks were being

applied.  I went to 

and informed him of my

observations.  Shortly after that, several people

entered the CO2 area including CO2 

  After informing

 of the issue, corrective actions were made to

the East , opened all the valves and

increased the dwell time.  The corrective actions

were effective; no more animals were exiting the

 with reflex movements or signs of

regaining consciousness. USDA expressed the

importance of performing corrective actions in a

timely manner at the .  insured

USDA that this issue will be addressed. 

expressed concern of animals being allowed to

accumulate at the end of the shackle table.  There

is a risk of the animals regaining consciousness

since there is no security knock and no stick

wound to allow them to bleed out.  Also, USDA

are identifying carcasses on the kill floor that are

not bled out properly, this may be due to increase

stun to stick time of the animals that are

accumulating at the end of the shackle table.  

 will look into the issue and have it

(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)(4) (b)(4) (b)(4) (b)(4)
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addressed. There were no other concerns or

questions.  The meeting adjourned at 11:45 AM.

90 M19002 Boe Farms CWA42130

95924G

24SEP2018 04C02 Livestock

Humane

Handling

Finalized ROBUST SYSTEMATIC APPROACH VERIFICATIONS

TASK: Establishment name and number: BOE

FARMS (M19002) Date Task was

performed:   September 24, 2018 by       

Determination:  “Yes” (Robust) - Establishment

management was notified of these facts Attending

establishment personnel response, if any: NONE

50 M20856 Eureka Locker, Inc. GGG03070

61306G

06JUN2018 04C02 Livestock

Humane

Handling

Finalized I had a meeting with the plant owner (Lori

Warfel), to discuss the upcoming  "Odd Hour

Inspection Procedure for TA Establishments". I

printed and gave her a copy of the email from 

as well as a copy of the example

report. The owner stated that she would read the

information.

50 M20856 Eureka Locker, Inc. GGG24120

63227G

27JUN2018 04C02 Livestock

Humane

Handling

Finalized I had a meeting with the owner and gave her a

copy of FSIS Notice 34-18 ASSESSMENT AND

VERIFICATION REVIEWS OF AN OFFICIAL

LIVESTOCK ESTABLISHMENT'S ROBUST

SYSTEMATIC APPROACH FOR HUMANE HANDLING

AND SLAUGHTER. I also gave her a copy of

Attachment 3 from FSIS Directive 6900.2

ELEMENTS OF A ROBUST SYSTEMATIC APPROACH

TO HUMANE HANDLING AND SLAUGHTER. With

these documents she will be able to re-evaluate

her Humane Handling & Slaughter Program and

adjust it if needed.

(b)(6)

(b)(6)
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50 M20856 Eureka Locker, Inc. GGG54120

85208G

08AUG2018 04C02 Livestock

Humane

Handling

Open This meeting is to inform you that Odd Hour

Inspection will be occurring at Eureka Locker

beginning next month, September 2018. This Odd

Hour Inspection will occur approximately once

every quarter on various days. Inspection will be

verifying the same criteria as is done during hours

of operation. Water& feed (when needed)

availability, pen conditions, livestock holding and

handling, as well as unloading will be some of the

things monitored. Plant management can be

present during inspection if they want.   Odd

Hour Inspection Procedure for TA Establishments:

  There is to be a minimum of one (1) Odd Hour

Inspection per month at cull cattle/veal

establishments and one (1) Odd Hour Inspection

per quarter at all other establishments, as

assigned by the Front Line Supervisor (FLS), unless

the FLS determines that more or fewer are needed

for a particular establishment.

                                                Criteria FOR

performing Odd Hour Inspections: Establishments

where: Animals are unloaded outside approved

hours of operation. No or minimal Humane

Activity Tracking System (HATS) time is recorded

for truck unloading. Animals are frequently held

overnight or over the weekend. Phone calls have

been received from the general public suggesting

that inhumane handling was witnessed during off

hours. There is suspicion that disabled animals

are delivered after regular hours.    Criteria for

NOT performing Odd Hour Inspections: 

Establishments where: There are never animals

present outside of approved hours of operation. 

There is an unsafe location or environment that

will compromise In-Plant Personnel (IPP) safety.
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50 M20856 Eureka Locker, Inc. GGG15090

94305G

05SEP2018 04C02 Livestock

Humane

Handling

Finalized This morning, 09/05/2018, between

5: & 6:00a.m., I conducted an Odd-Hour Humane

Handling Inspection. During my observations, one

beef and five hogs came to the plant in two

separate deliveries. I seen no non-compliances or

problems that would require plant attention. A

copy of the report that I forwarded to my

, is with this MOI. If you

have any questions, feel free to ask me or my

supervisor.

25 M20863 JNB, Inc. PNA23090

90422G

22SEP2018 04C02 Livestock

Humane

Handling

Finalized The week of 9/17/2018 terr 9/21/18 at 6:10am I

preformed extra duties for Hat Categories at

EST.20863. Stunning 45min , conscious animals

on the rail none on conscious for 1 hr. I review the

records the that the designate monitor is checking

every 5 sow, I observed the Supervisor cleaning

the 22 magnum and the stunners daily, I reviewed

 the SOP plan.

25 M20863 JNB, Inc. PNA35140

90325G

25SEP2018 04C02 Livestock

Humane

Handling

Finalized The week of 9/24/2018 through 9/28/18 at

6:10am I preformed extra duties for Hat

Categories at EST.20863. Stunning

45min , conscious animals on the rail none on

conscious for 1 hr. I review the records the that

the designate monitor is checking every 5 sow, I

observed the Supervisor cleaning the 22 magnum

and the stunners daily, I reviewed the SOP plan.

25 M20863 JNB, Inc. PNA38140

95325G

25SEP2018 04C02 Livestock

Humane

Handling

Finalized The week of 9/24/2018 through 9/28/18 at

6:10am I preformed extra duties for Hat

Categories at EST.20863. Stunning

45min , conscious animals on the rail none on

conscious for 1 hr. I review the records the that

the designate monitor is checking every 5 sow, I

observed the Supervisor cleaning the 22 magnum

and the stunners daily, I reviewed the SOP plan.

(b)(6)
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25 M21207 Lorentz Etc. Inc. RTB491209

2324G

24SEP2018 04C02 Livestock

Humane

Handling

Finalized M21207 Lorentz Meats September 18, 2018;

1615 hours Establishment management in

attendance: Plant Manager Rob Lorentz, 

, 

USDA personnel in attendance: 

 At approximately 1615 hours, I

spoke with , , and 

regarding the information that was conveyed to

me by and . At

approximately 1540 hours, was on the

slaughter floor performing postmortem inspection

when she heard a single animal-like bellow. She

immediately moved towards the stunning area for

a better look. As she arrived at the area, she saw

an establishment employee deliver another

captive bolt stun to a hanging bovine. She did not

see signs of consciousness. immediately

placed USDA Reject tag #B23521619 on the

restrainer (knock box) and contacted ,

who then contacted me. was not

present on the slaughter floor during this time. I

asked establishment management what they had

observed of the incident. conveyed

the same information that did. She also

arrived at the stunning area as the establishment

employee delivered the second captive bolt

stunning. She did not observe signs of

consciousness. Although the sound appeared to

emanate from the stunning area, she could not

state definitively that the hanging bovine had

made the bellowing sound. M21207 Lorentz

Meats has a robust humane handling program.

We discussed details of the establishment’s robust

program. Specifically, stunning equipment is to be

maintained and tested daily, stunning personnel

are to check for signs of consciousness before

releasing the animal from the restrainer, and two

working stunners are available when as animal is

slaughtered. I asked establishment management if

the equipment had been maintained. They replied

(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: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 8

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that the equipment had been checked that day

and was in working order. However, after this

incident, the equipment was checked again. One

of the captive bolt stunners had a worn gasket

that was not seated properly when the equipment

was taken apart. However, when the equipment

was put together, the gasket was likely seated

properly. Management was unsure what role this

played. Additionally, they plan to retrain stunning

employees about the important of ensuring the

bolt is properly seated. Laster, 

informed me that she told late last

week that the captive bolt appeared to sound

different to her. I followed up with management

on September 20 at who said they are revamping

their maintenance procedures to document more

thoroughly, and to add velocity testing. I asked if

the establishment employee had checked for

signs of consciousness and whether the captive

bolt had been placed correctly. They replied that

the employee always checks, and he is an

employee that demonstrates extreme routine as

he works. I later checked the captive bolt holes

and observed that both holes were located

laterally within one-inch of the desired location,

but was not exactly where it needed to be. The

ideal placement would have been in the middle of

the two stunning holes. I followed up with

management on September 19 who told me that

the management performed additional training

with the stunning employee. Establishment

management also informed me they plan to

retrain a second employee to assist the stunner in

monitoring for signs of

consciousness. Management's goal is to empower

employees who are in the area to assist the

primary stunner in monitoring signs of

consciousness. I asked remove the

retain tag after the discussion on September 18,

(b)(6) (b)(6) (b)(6)
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and she removed the tag at approximately 1630

hours.
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05 M22095 Creston Valley Meats QOI491506

0227G

27JUN2018 04C02 Livestock

Humane

Handling

Finalized On 6/26/2018 at 7:20 am I spoke with M22095

plant manager Ryan Beyler. I asked him if the

plant was going to provide corrective actions for

the incident on 6/25/18 when a steer slipped and

fell out of a trailer and landed on its knees in the

pens. He told me he could not provide me with

corrective actions because “it was 100% out of

our control.” He stated that since the trailer used

was a personal trailer, they had no control over its

cleanliness and the steer slipped in the manure in

the trailer. He stated there was nothing the plant

could do to prevent the situation. I reminded him

that, according to Agency policy, once a trailer

arrives at an establishment, it is considered part of

the premises. He stated he knew that but

reiterated that it was out of the plants control and

they weren’t responsible for the issue. At the end

of the conversation he stated he would call the

plant owner, Simon Caleb, later in the day and ask

him if he wanted to write up any corrective

actions, but unless that happened they would not

be providing anything. At 10:15 I called the plant

owner Simon Caleb to discuss the matter with

him. I explained that, according to Agency policy,

the trailers and animals on the establishment’s

premises are the establishment’s responsibility

and the animals must be handled humanely. He

stated that in his opinion slipping and falling

down was not inhumane. I discussed that

regulations requires that the establishment

provide good footing for the animals. He stated

that was “hogwash”. He stated that the regulation

was stupid and needed to be changed. He stated

that I am trying to get him shut down, and I am

impeding on his business. He stated that in the big

plants when cattle run up the chutes they slip and

fall. I discussed that cattle should not be moved

faster than a normal walking speed. He stated it

was impossible to prevent animals from slipping

and falling 100% of the time. He stated that the
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slipping and falling was out of his control because

it was a personal trailer and he couldn’t do

anything about it, and everyone brings a different

trailer. I asked him if he was going to provide

corrective actions for the incident on 6/25 and he

stated the only way they could prevent it from

happening again was to buy only animals that

were shown at fairs, because they could be led

out of a trailer on a lead rope. He stated he would

talk to Ryan, and see if Ryan thought there was

anything they could write up. I asked about the

ramp that was offered in their corrective actions

for the incident on 6/20. He stated they would

still be getting a ramp, but he did not have a

timeline because he had to talk to Ryan first. He

asked to meet with , and stated I am

misinterpreting the regulations and being too

harsh on the establishment. Also occurring

today, at 7:50 am I watched M22095 unload a

trailer of four beef cattle. The trailer was

approximately 2 feet off the ground and was not

equipped with a ramp. No employees entered the

trailer, and the plant manager Ryan Beyler was

present. Two cattle came up to the edge of the

trailer, and balked at seeing the drop. The

first animal prepared to jump, but its back legs

slipped on the debris inside the trailer, and it fell

down hard on its belly, on the edge of the trailer,

with its front two legs hanging off the front edge,

and its back legs down in the trailer. It got its back

legs underneath it, stood up on its front legs, and

walked out of the trailer with no signs of injury.

The second animal jumped and slipped while

jumping, but did not fall down. The third

animal jumped, slipped, and fell on its belly in the

same way with its front legs hanging out of the

trailer. The fourth animal slipped and fell while

jumping, but only fell on its back knees, not its

belly. At 2:00 pm I spoke with Simon Caleb

about the incident. I described the incident and

(b)(6)
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asked what actions the plant would take. He again

stated that there was nothing they could do to

prevent it from occurring, but he also stated they

would get a ramp made, but he could not give any

date when that would be implemented.

05 M22095 Creston Valley Meats QOI531107

5413G

13JUL2018 04C02 Livestock

Humane

Handling

Open

05 M22095 Creston Valley Meats QOI081608

2721G

21AUG2018 04C02 Livestock

Humane

Handling

Finalized At 10:30 in the morning on 8/10/2018, I watched

the unloading of one cow. Plant manager Ryan

Beyler was present, but the truck hauler unloaded

the cow. The cow was not moving out of the

trailer, so the hauler got in, grabbed the cow’s tail,

and twisted it hard to the side in order to cause

discomfort so the cow would exit the trailer. The

hauler maintained the tail twitch for the length of

the trailer. This action is not allowed under 9CFR

313.2(a) “Driving of livestock from the unloading

ramps to the holding pens and from the holding

pens to the stunning area shall be done with a

minimum of excitement and discomfort to the

animals”. I spoke with plant manager Ryan

Beyler about the incident. I explained that

twisting the tail is not allowed because it causes

pain and discomfort to the animal, and I referred

him to 9CFR 313.2(a).  I also reminded him that

even though the person unloading the cow was

not employed by the establishment, since the

trailer was on the establishment’s premises, they

are held responsible for the humane treatment of

the animals, and the actions of the people

unloading them. He said that he was not aware

that twisting the tail was inappropriate, since it is

not explicitly referred to in the regulation, but he

would make sure it did not happen again.
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25 M244W Tyson Fresh Meats, Inc. BTD461408

2429G

29AUG2018 04C02 Livestock

Humane

Handling

Open Today, August 28th, I, Dr. Heather Bopes

discussed the grate flooring in the sub pen with

, and 

due to two recent incidents.     1. On Aug. 27th,

while conducting individual inspection on the

disabled hogs around 12:30pm, 

made me aware of a hog with a bloody front foot.

The hog was unloaded from the skid-loader and

turned sharply on the grate, which caused the

toenail of to come off. The hog was breathing

heavily but did stand and walk away from us

during my close up examination. The company

elected to condemn the hog due to the extended

(2 hours) wait time until the hog could be captive

bolt stunned for slaughter.     2. Today, while

performing individual inspection on the disabled

hogs at 6:15 am, I observed a hog lying

recumbent and breathing heavily on top of the

grate flooring. On closer examination the toenail

of of the rear right foot was missing and with a

moderate sized pool of blood. The toenail was

spotted in the drain directly under the bloody

grate. The hog was reluctant to stand and the

company elected to condemn the hog. When

asked, the team members did not remember the

hoof missing or any bleeding when they loaded

the hog into the skid-loader to transport it from

the truck chute to sub pen. The grate flooring is

constructed to allow water and manure to fall

into a trench drain when cleaning drive alleys and

pens. It has square openings that are

approximately 1.25-1.5” wide, which could be

enough space for the large center toenails to

become caught. Our expectation is that livestock

pens and flooring are constructed in a manner to

prevent injury or pain to animals. I notified 

 that I would be documenting our

conversation in an MOI.

(b)(6)

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

(b)(6)

(b)(4) (b)(4)
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25 M2460 Cimpl's, Inc. PMB26170

70512G

12JUL2018 04C02 Livestock

Humane

Handling

Finalized At approximately 2:15 p.m. , I 

 was notified by that, while verifying

HATS Category I (Inclement Weather),

temperatures in the barn appeared to be reaching

and potentially exceeding 

 I proceeded to the barn area, notified

 and requested

temperatures using an establishment calibrated

thermometer. notified 

 The temperature in

Pens 15 and 17 were approximately 

.  Upon further observation, I noted a

single cow in Pen 6 (Red Angus) and a single cow

in Pen 7 (Jersey).  Neither of these pens is covered

and, at the time of the observation, there was

little to no shade present in either pen.  All

temperatures noted below were measured using

an establishment calibrated thermometer.  

Holding Pen 6:  The area with the least amount of

sunlight in Pen 6 measured 

.  The area with the most amount of

sunlight in Pen 6 measured 

.  noted the establishment

had placed the Red Angus cow in holding Pen 6

approximately 20 minutes prior. Holding Pen 7: 

The temperature of Pen 7 measured

 noted the establishment

had placed the Jersey cow in holding Pen 7 at

approximately 8:30 a.m.. Both the cow in Pen 6

and in Pen 7 had severely elevated, rapid shallow

respiratory rates (each greater than 60 breaths

per minute).  Following temperature

measurements of Pen 6 and Pen 7, 

and Nik Harkias (Plant Manager) noted the

animals would be immediately moved to a pen

with shade.  At the time these concerns were

observed, there were at least 3 covered pens

empty in the barn with measured temperatures

below (Pen 3, 16, and

(b)(6)

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

(b)(6)

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

(b)(4) (b)(4) (b)(4) (b)(4) (b)(4)

(b)(4)
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18).   I discussed with Mr. Harkias and 

 that the establishment’s Animal Welfare

Manual states that in extreme heat conditions of

greater than changes will

be necessary to the holding pattern of cattle so

that they do not develop clinical signs associated

with heat stress.  I reminded the establishment

that 9 CFR 313.2 requires that animals be handled

with a minimum amount of excitement and

discomfort.  The establishment should take into

consideration ambient temperature, ventilation,

and access to shade when making decisions on

which holding pens to place animal(s) in so that

discomfort to the animal(s) is minimized in

extreme heat conditions.

(b)(6)

(b)(4)
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25 M2580 IBR Group Inc XWI26070

95618G

18SEP2018 04C02 Livestock

Humane

Handling

Finalized M2580 IBR Group September 17, 2018 at 1330

hours Meeting attendees: Plant Manager

Guillermo Marquez, CSI 

At approximately 1330 hours on

September 17, 2018 I spoke with Plant Manager

Guillermo and regarding the less

than perfect humane handling event that

occurred on September 13, 2018. On that day, at

approximately 0940 hours on the kill floor at

establishment M2580, I observed an

establishment employee use a plastic stick to hit a

bison once in the center of the face. The bison

turned his face away slightly, but did not

otherwise react to the stick. This bison was being

slaughtered under voluntary Federal inspection.

The establishment employee was located on the

catwalk above the pen and was using a five-foot

by half-inch plastic stick to assist the turning and

movement of the animal to the restrainer. At

that time, I immediately told Mr. Marquez to have

the employee stop hitting the buffalo in the face.

Mr. Marquez spoke to the employee and the

employee stopped. The animal moved into the

restrainer without further incident. In the

meeting on September 18, 2018, we discussed

that there are anatomical areas that are more

sensitive than other areas (e.g. face, ears, and

genitalia) and caution needs to be taken not to

inflict pain in those areas. Mr. Marquez declined

to delve further into specific humane handling

regulations or examples of poor handling. I gave

Mr. Marquez a copy of FSIS Directive 6900.2

Humane Handling and Slaughter of Livestock. I

recommended Mr. Marquez read the regulations

and examples in the directive as they can provide

a lot of information, even though the directive is

written to provide instruction to USDA personnel.

(b)(6)

(b)(6)

(b)(6)
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25 M2580 IBR Group Inc XWI57080

92520G

20SEP2018 04C02 Livestock

Humane

Handling

Finalized On 09/18/2018 while performing a 30 day

Humane handling verification review visit

resulting from a HH NOS at establishment M2580

IBR Group Inc. and while verifying HATS categories

VIII Stunning Effectiveness & IX Conscious Animals

on the Rail, I, , observed plant

manager, Guillermo Marquez attempt to stun a

beef steer with a captive bolt device at 0930

hours. The device discharged and appeared to

render the beef steer insensible. Mr. Marquez

appeared to check for eye reflex before releasing

it from the knock box.  The beef was immediately

hoisted by the rear legs. There were breathing

sounds appreciated audibly and then visually

eyelid blinking was appreciated. The breathing of

the beef was then appreciated visually as the

animal’s sides moved in and out, correlating with

the audible breathing. I checked for an eye reflex

and the animal blinked in response to my finger

stimuli. At the same time, Mr. Marquez had stuck

the beef to bleed and had twice used an electrical

stimulizer to facilitate bleeding. The bleed site

appeared to be a poor stick due to the lack of

blood leaving the animal’s body. I notified Mr.

Marquez that the beef was showing signs of

returning to consciousness, Mr. Marquez applied

a second captive bolt which did not change the

demeanor of the animal and I verbally notified

Mr. Marquez again. Mr. Marquez applied a third

captive bolt which also did not change the

demeanor of the beef as it continued to eyelid

blink and breathe rhthymically. Mr. Marquez

informed me he would be using a .44 mag gun,

 and I left the room and re-entered after

the shot was heard. The beef continued to eyelid

blink and rhythmically breathe, we left the room

again and after the 2nd gun shot we re-entered

the slaughter room and observed the animal to be

lacking any signs of consciousness; he was

hanging limp, not breathing nor blinking. The

(b)(6) (b)(6)
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knock box was rejected while the situation was

determined to be an event to be recorded in an

MOI. The animal was determined to be showing

signs of returning to consciousness, but not

showing signs of being conscious; the reject tag

was removed. During the exit meeting at

approximately 1215 hours on 09/18/2018, I

shared with Mr. Marquez that my impression was

that the act of using the captive bolt device and

recognizing signs of consciousness or returning to

consciousness could be improved at the

establishment. We also discussed some

differences between time to return to

consciousness in electrically stunned hogs and

captive bolt stunned cattle. We also briefly

discussed sticking a beef for bleeding purposes;

Mr. Marquez was going to continue to look for

resource/educational materials on this. I provided

the following resources to Mr. Marquez in print

and briefly reviewed them with him: ·         How

to Determine Insensibility (Unconsciousness)in

Cattle, Pigs, and Sheep in Slaughter Plants(Revised

November 2015) by Temple Grandin Dept. of

Animal Science Colorado State University FSIS

PHV Refresher Training: Consciousness And

Stunning FSIS Small Plant Help Desk 

https://www.fsis.usda.gov/wps/portal/fsis/topics/

regulatory-compliance/svsp/sphelpdesk NAMI 

https://www.meatinstitute.org/ 

https://www.uwrf.edu/FacultyStaff/5701401.cfm 

Gun manufacturer reps – may contact for

additional outreach and training. 

https://www.bunzl.com/ 

http://www.jarvisproducts.com/index.htm

(b)(6)
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35 M320M Smithfield Fresh Meats Corp. VWK18100

63814G

14JUN2018 04C02 Livestock

Humane

Handling

Finalized On June 5, 2018, at approximately 1145 hours,

while performing humane handling inspection

under HATS category IV “Handling During

Ante-Mortem Inspection” I 

 observed the following incident. I

identified a disabled hog in pen 8C.  The hog was

unable to rise, gasping, and had tremors in the

hind limbs. Multiple other hogs in the pen were

stepping on and over this disabled hog. I took a

regulatory control action and showed the hog to a

plant employee, who shooed the other hogs in

the pen away and then went to get a cart to move

the hog to the recovery pen.  The employee did

not return immediately.  After a few minutes, the

other hogs had returned and were again stepping

on and over the nonambulatory disabled hog,

which appeared distressed and unable to move

away.  There were no other plant employees

present on that side of the barn to notify so I went

to the drive way to find additional assistance. The

hog was then immediately euthanized and

removed from the pen.  While there were no

establishment employees responsible for driving

hogs over this disabled hog, this situation

demonstrates there are opportunities to better

protect disabled animals under the current

system. Hogs identified as stressors/disabled

should be immediately protected from being

stepped on or otherwise distressed, even if no

animals are currently being driven in that area. I

am linking this MOI to MOI VWK5909052329G,

from a Meeting with Establishment Management

on May 25, 2018 where it was noted that the

plant failed to prevent a disabled hog from being

run over by another hog.

(b)(6)
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80 M34799 Fares Halal PCJ210906

0312G

12JUN2018 04C02 Livestock

Humane

Handling

Finalized On June 12, 2018 at 10:00am,

performed the Livestock Humane Handling

Verification task at M34799 (Mecca Halal) in

Culpeper, VA.  All animals had access to water.  A

push broom and a shovel were found on the floor

of the barn in the aisle adjacent to pen #1.  Only

one goat was roaming loose, but these

implements could be a tripping hazard to

animals.  The piece of metal gate lashed to the

fencing of pen #1 was loosely attached and nearly

fell on top of a lamb when the goat pushed its

way through.  This could also potentially be

documented as a hazard.  As has frequently been

noted, the side yard is extremely muddy.  No slips

and falls were observed, but this situation will be

monitored through sanitary dressing of the

animals.

(b)(6)
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Code TaskName Status MOI Agenda

25 M3W Swift Pork Company GJC381605

3523G

23MAY2018 04C02 Livestock

Humane

Handling

Finalized This is to document observations in the yard

between 2345 and 0000 (night shift of

05/22/2018) and conversation with 

and regarding an incident.  

While performing antemortem inspection I noted

a strong smell of bleach while in the area of pen

8B.   I went to investigate in the area of the

chemical room adjacent to pen 14.  I observed a 

white flow of liquid from the area of the chemical

room , through pen 14 to the drain in the pen.  It

appeared the substance was leaking from under

the locked door of the chemical room and was the

source of the bleach odor.  I asked

 to turn on the overhead water in the pen

and move the pigs out of the pen.  

came to the area and was shown the situation. 

After discussed with and

maintenance, he stated there was a leak in the

bleach line and pigs would not be placed in pen

14 until the leaking pipe was fixed.  

 said maintenance would put in a drain so

chemical room overflow would go elsewhere and

not drain into the pen.  He said the opening at the

floor in the wall between the chemical room and

pen would be closed so chemicals could not drain

into the pen.

(b)(6)

(b)(6)

(b)(6)

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

(b)(6)

(b)(4)
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25 M3W Swift Pork Company GJC520508

0424G

24AUG2018 04C02 Livestock

Humane

Handling

Finalized At approximately 2:30pm I, 

 was observing the loading of the south CO2

stunner while observing HATS category VIIIStunning Effectiveness.  I noted that the

automatic gate sliding the hogs into the gondola

had multiple holes in it with pieces of plastic

protruding from the holes.  After observing several

rotations, I noted that the protruding plastic

pieces did not appear to bother the hogs or cause

injury to the hogs. I notified 

of this observation.  He immediately

contacted the maintenance department.  He

informed me that a new plastic part of the gate

had already been ordered; however it had not yet

arrived at the establishment for installation.  

proposed that during the next company

break, the maintenance crew would turn the

plastic around, creating a smooth surface on the

hog side of the gate.  9 CFR 313.5 requires that

power activated gates be fabricated that they will

not cause injury; and all equipment involved in

anesthetizing animals shall be maintained in good

repair.

(b)(6) (b)(6) (b)(6)
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90 M40246 Loretto Butcher Shop BZE421408

2507G

07AUG2018 04C02 Livestock

Humane

Handling

Finalized August 7, 2018 While performing the Livestock

Humane Handling task at Loretto Butcher Shop

(M40246), Loretto KY, the SVMO observed a large

barrow weighing approximately 500lb. and a

mature sheep, together in a holding pen. The

animals in question lacked access to water as the

bottom portion of the plastic drum being used as

a water trough was empty. The animals had been

declared for custom exempt slaughter; the

establishment was doing both Federal Inspected

slaughter and custom exempt slaughter this day. 

That being said, Directive 5930.1 Revision 4

states: Under 21 U.S.C. 610(b), slaughterers of

livestock must comply with the Humane Methods

of Slaughter Act (HMSA). The HMSA applies to the

slaughter of cattle, calves, horses, mules, sheep,

swine, and other livestock. (Poultry slaughter is

not included.) The HMSA applies at custom

exempt facilities. Also, the FMIA (Federal Meat

Inspection Act) requires custom exempt

operations to handle animals humanely, i.e.

animals have access to water in the holding pens. 

Therefore, the issuance of this MOI is based upon

the fact the animals observed above were

declared for custom exempt slaughter; otherwise

this observation would have been documented in

a non-compliance record.
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90 M44779 Faulkner Meats VMV13080

51724G

24MAY2018 04C02 Livestock

Humane

Handling

Finalized May 22, 2018 The Livestock Humane Handling

task was performed at approximately 1400 at

Faulkner Meats, Taylorsville, KY. Two market

swine were observed in the alleyway without

access to water. FSIS Directive 5930.1 Rev 4

states “Under 21 U.S.C. 610(b), slaughterers of

livestock must comply with the Humane Methods

of Slaughter Act (HMSA). The HMSA applies to the

slaughter of cattle, calves, horses, mules, sheep,

swine, and other livestock. (Poultry slaughter is

not included.) The HMSA applies at custom

exempt facilities.” As the establishment performs

custom exempt and federal inspection slaughter,

this MOI was issued as the animals in question

had not been declared for federal inspection. This

continues a recent trend in water availability in

the holding pens. MOIs were issued for

observations made May 1, 2018 and May 8, 2018.
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90 M44779 Faulkner Meats VMV27130

65308G

08JUN2018 04C02 Livestock

Humane

Handling

Finalized June 8, 2018 The SVMO made the following

observations at approximately 1400 EDT while

performing the Livestock Humane Handling task

at Faulkner Meats (M44779), Taylorsville, KY: A

pen holding three calves was found to have an

approximately 3 inch floor covering of liquid

manure and hay (inedible) and no access to

water; a pen holding a large boar (roughly 500 lb.)

was found to have a liquid manure floor covering

and no access to water; and a pen holding

numerous lambs (TNTC) was found to be

overcrowded--there was insufficient room for the

lambs to lie down. The animals in question had

not been presented for federal inspection; the

establishment performs both custom exempt and

federal inspection slaughter activities. Directive

5930.1 Revision 4 states that the HMSA, The

Humane Methods of Slaughter Act, applies to

custom exempt slaughter activities, thus the

issuance of this MOI and not a non-compliance

record. This continues a recent trend in water

availability in the holding pens.  The

establishment is reminded of the title 9 CFR 313.1

and 313.2 regulations which state in part that,

"livestock pens, driveways and ramps shall be

maintained in good repair"; "Floors of livestock

pens, ramps, and driveways shall be constructed

and maintained so as to provide good footing";

and "Animals shall have access to water in all

holding pens and, if held longer than 24 hours,

access to feed. There shall be sufficient room in

the holding pen for animals held overnight to lie

down." The establishment is encouraged to

address the condition of the holding pens to

prevent the creation of insanitary conditions and

reduce the likelihood of slips and falls causing

harm to the livestock.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 26

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90 M44779 Faulkner Meats VMV13070

72811G

11JUL2018 04C02 Livestock

Humane

Handling

Finalized July 10, 2018 Faulkner Meats (M44779),

Taylorsville, KY performs both custom exempt and

federal inspection slaughter activities. The

following observations were made by the SVMO

at approximately 1200 hrs. EDT: A holding pen

containing three mature boars weighing 500+

pounds each was found without access to water;

the bottom of a plastic drum being used as a

water trough was laying on its side in the pen.

Additionally, a holding pen containing hogs of

various sizes  had soupy manure/bedding covered

flooring and another holding pen containing

calves and goats had sloppy manure/hay covered

flooring.. The animals had not been declared for

federal inspection. However, Directive 5930.1

Revision 4 states custom exempt facilities are

subject to the HMSA (Humane Methods of

Slaughter Act). Also, the Federal Meat Inspection

Act (FMIA) requires custom exempt facilities to

handle animals in a humane manner. The

regulations are specific pertaining to water access

in the holding pens (9 CFR 313.2(e)) and the

maintenance of flooring (9 CFR 313.1(b)). This

continues a trend in water availability in the

holding pens. The establishment is receiving this

MOI in lieu of a non-compliance record as the

animals had not been presented for federal

inspection.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 27

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90 M44779 Faulkner Meats VMV30110

95713G

13SEP2018 04C02 Livestock

Humane

Handling

Finalized September 13, 2018 While performing the

Livestock Humane Handling task the SVMO made

the following observation at Faulkner Meats

(M44779) Taylorville KY: At approximately 1030

hours EDT a truck was found to be parked at an

angle to the unloading chute, creating an

approximately 12 inch gap at the widest point

between the chute and the truck. Plant personnel

first unloaded goats, then proceeded to unload

cattle. A Jersey animal was observed to fall when

a front limb fell into the gap, and then became

recumbent. Plant personnel were instructed to

stop. A second, sight impaired bovine proceeded

to walk over top of the down Jersey, then down

the chute. The Jersey managed to get up and

proceed down the chute. The sight impaired

bovine reversed direction, came up the chute and

fell into the gap, becoming entrapped between

the chute and the truck; the bovine began

vocalizing and thrashing about. After some time,

plant personnel placed a rope about the neck of

the entrapped bovine and attempted to drag the

conscious bovine out of the gap and back onto

the unloading ramp. In the process of trying to

free the animal, the unloading ramp collapsed and

the animal fell approximately three feet to the

ground. The establishment does not have a

Robust Systematic Approach to Humane

Handling. The SVMO placed U.S Rejected Tag No.

B19963403 on the unloading area and U.S.

Rejected Tag No. B19963404 on the knock box

and contacted the District Office for further

guidance. Establishment owner Mitchell Warren

was informed of this regulatory control action. 

After the taking of the regulatory control action

and discussion with chain of command, Mr.

Warren informed personnel all animals on the

truck, as well as all animals in the barn, as being

custom exempt. Directive 5930.1 Revision 4

states “that slaughterers of livestock must comply
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 28

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Code TaskName Status MOI Agenda

with the Humane Methods of Slaughter Act

(HMSA). The HMSA applies to the slaughter of

cattle, calves, horses, mules, sheep, swine, and

other livestock. (Poultry slaughter is not included.)

The HMSA applies at custom exempt facilities.”

The custom exempt status of the animals is the

basis for the issuance of this MOI. A copy of

Directive 5930.1 Revision 4 was delivered to the

establishment.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 29

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85 M45272 Real Meats LLC NWJ43130

83215G

15AUG2018 04C02 Livestock

Humane

Handling

Finalized August 15, 2018 At approximately 0850, while

verifying the establishment’s implementation of

their humane handling program at the stunning

area, I observed plant personnel attempt to stun a

bison with a .223 caliber rifle.  The stun hit, but

did not render the animal unconscious as the

bison still remained standing and was seen

jumping and trying to get out of the chute. A

second stun attempt was immediately discharged

with the same rifle, but also failed to render the

bison unconscious, as it continued to stand and

jump in the shoot and turn its head looking at its

surroundings. A third stun attempt was then

discharged from the same rifle, and the bison

dropped and was observed to be rendered

unconscious. This does not follow their

verification plan they have set in place stating that

a larger caliber rifle would be used as a back-up,

and the larger rifle was observed on the table next

to the plant personnel administering the stuns. I

placed a “U.S. Rejected” tag (#B36840091) on the

entrance to the stunning area and then 

was located to alert him of the situation and

that regulatory control action had been taken to

stop further stunning of exotic animals under

voluntary inspections. The Atlanta District Office

was notified of the incident and determined that

the establishment would be issued a Notice of

Reinstatement of Denial of Service for voluntary

slaughter of exotic animals.  I verbally notified 

 of the decision to deny service. 

 SPHV

(b)(6)(b)(6) (b)(6)
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25 M45629 Andy's Meats Inc. DJP391207

5617G

17JUL2018 04C02 Livestock

Humane

Handling

Finalized On July 9th, while observing HAT category II, truck

unloading between the time period of 1450 and

1550 hours, and on July 10th, while observing

HAT category IV, antemortem, at 0710 am, I

, made the following observations

and discussed the findings with establishment

representatives, 

, , 

    The temperature on July 9th was

approximately and humid. 

One truck was unloading upon my arrival at 1450

hours and a second truck was parked on

premise.   Hogs on the first truck unloaded

without any major issues, although there was

some piling at the truck entrance.   The driver

continued to unload hogs as the barn employee

was moving animals into the pens, and we noted

hogs piling up at the drive alley entrance, causing

some temporary wedging of animals with animals

vocalizing loudly.   We noted the animals on the

second truck were exhibiting open mouth

breathing and panting.   Upon movement into the

holding pens the animals collapsed onto the floor

in lateral recumbency, with continued panting.  

The animals were placed into the pens with

minimal free space, as I noted pen 4 had all hogs

lying down and two hogs standing with minimal

free space left.   In the pen behind #4, I noted one

hog in lateral recumbence, hyperemic in color,

open mouth breathing with increased respiratory

rate.   As the handler moved the last load of

animals into this pen, he observed the hog (as the

other hogs jostled for space, again a full pen), and

did spray the animal with a nearby hose.  He

stated he would spray the other animals after

unloading was completed.  The temperature in

the barn felt a bit cooler than the outside ambient

temperature and the fans were on, but with the

animals stocked at pen capacity (no free cement

observed), signs of heat stress were still

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

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

(b)(4)
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apparent.   I checked a couple water nozzles and

there was water available, although the flow

seemed to be limited.   During AM on July 10th,

it was observed that the water was turned off for

all nipples (three on one line) for pen 4 and the

pen directly behind pen 4.  3/6 nipples (on the

same water line) were off in the large pen that is

directly adjacent to the unloading dock.   There

was one recumbent hog observed on AM, that did

rise, however when the SPHV came out to look at

the hog, it was in sternal recumbence and the

establishment choose to euthanize the hog.    

After AM was completed, , 

, , and I talked

about the observation of heat stress during the

truck unloading on July 9 and lack of water access

observed the morning of July 10.  The

establishment does not have a written animal

welfare program, or a SOP for handling animals in

inclement weather.   We talked about spreading

the animals out-allowing them to cool off, having

water hoses available, making sure all the water

nipples work and unloading in small groups,

especially during times of extreme heat.  We

talked about the humane handling regulations

and handling animals with a minimum amount of

excitement and discomfort. The establishment

should take into consideration ambient

temperature, ventilation, pen density and access

to water when making decisions on stocking pens

so that discomfort to the animals is minimized in

extreme heat conditions.

(b)(6)

(b)(6)

(b)(6) (b)(6)
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Code TaskName Status MOI Agenda

25 M45629 Andy's Meats Inc. DJP060008

0201G

01AUG2018 04C02 Livestock

Humane

Handling

Finalized On July 9th, while observing HAT category II, truck

unloading between the time period of 1450 and

1550 hours, and on July 10th, while observing

HAT category IV, antemortem, at 0710 am, I, 

made the following observations

and discussed the findings with establishment

representatives, Mr. Shawn Ramirez-live animal

handler, and 

. The temperature on July 9th was

approximately and humid.

One truck was unloading upon my arrival at 1450

hours and a second truck was parked on premise.

Hogs on the first truck unloaded without any

major issues, although there was some piling at

the truck entrance. The driver continued to

unload hogs as the barn employee was moving

animals into the pens, and we noted hogs piling

up at the drive alley entrance, causing some

temporary wedging of animals with animals

vocalizing loudly. We noted the animals on the

second truck were exhibiting open mouth

breathing and panting. Upon movement into the

holding pens the animals collapsed onto the floor

in lateral recumbency, with continued panting.

The animals were placed into the pens with

minimal free space, as I noted pen 4 had all hogs

lying down and two hogs standing with minimal

free space left. In the pen behind #4, I noted one

hog in lateral recumbence, hyperemic in color,

open mouth breathing with increased respiratory

rate. As the handler moved the last load of

animals into this pen, he observed the hog (as the

other hogs jostled for space, again a full pen), and

did spray the animal with a nearby hose. He

stated he would spray the other animals after

unloading was completed. The temperature in the

barn felt a bit cooler than the outside ambient

temperature and the fans were on, but with the

animals stocked at pen capacity (no free cement

observed), signs of heat stress were still apparent.

(b)(6)

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

(b)(4)
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I checked a couple water nozzles and there was

water available, although the flow seemed to be

limited. During AM on July 10th, it was observed

that the water was turned off for all nipples (three

on one line) for pen 4 and the pen directly behind

pen 4. 3/6 nipples (on the same water line) were

off in the large pen that is directly adjacent to the

unloading dock. There was one recumbent hog

observed on AM, that did rise, however when the

SPHV came out to look at the hog, it was in

sternal recumbence and the establishment choose

to euthanize the hog. After AM was completed,

, , ,

and I talked about the observation of

heat stress during the truck unloading on July 9

and lack of water access observed the morning of

July 10. The establishment does not have a

written animal welfare program, or a SOP for

handling animals in inclement weather. We talked

about spreading the animals out-allowing them to

cool off, having water hoses available, making

sure all the water nipples work and unloading in

small groups, especially during times of extreme

heat. We talked about the humane handling

regulations and handling animals with a minimum

amount of excitement and discomfort. The

establishment should take into consideration

ambient temperature, ventilation, pen density

and access to water when making decisions on

stocking pens so that discomfort to the animals is

minimized in extreme heat conditions.

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

(b)(6)
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25 M45856 Prime Pork LLC ODB02160

90121G

21SEP2018 04C02 Livestock

Humane

Handling

Finalized On Tuesday, 18 September 2018, at

approximately 1730 hours, Mr. Orv Molan, Plant

Operations Manager, and his staff came to

 and to inform us

that the final lot of the day, lot #1926 consisting

of 159 hogs in pen #9, had been slaughtered

without ante-mortem inspection being

conducted. He asked us what actions he needed

to take to rectify the situation. I then informed

Mr. Molan that all products associated with Lot

#1926 would need to be identified and tagged to

prevent them from being sent into commerce

without proper ante-mortem inspection and that

all products associated with this lot of hogs would

need to be cut-up, denatured and taken out of the

plant to be rendered. Shortly after our discussion

 and verified the

product was identified, segregated, and clearly

marked as “on hold”. Mr. Molan subsequently

informed us we could immediately begin the

process by cutting-up the 17 swine that remained

on the slaughter line (2 additional carcasses were

condemned earlier for a total of 19 carcasses in

all) and all the associated viscera and offal for this

lot located in the cooler that same day. This was

promptly accomplished and verified. The

following day (19 September, 2018), six (6)

additional carcasses were added to the group of

140 placed on hold (140 carcasses remained in

Lot #1926 after disposal of the 19 carcasses the

previous day). These 6 additional carcasses were

mixed in with the carcasses positively identified as

in lot #1926 and had tattoos ending with the

number “6” and could not be positively

differentiated from those in Lot #1926. These

carcasses were from rail-outs for trimming

slaughtered on the 18th and placed back on the

line throughout the processing of Lot#1926

because 6 of the carcasses in the original Lot had

partially incomplete tattoo markings from

(b)(6)

(b)(6) (b)(6) (b)(6)
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Code TaskName Status MOI Agenda

trimming or were otherwise not completely

identifiable. The plant was insistent on ensuring

that no uninspected carcasses would enter into

commerce. These additional carcasses were kept

with the affected Lot #1926 carcasses in the

cooler and were cut, denatured and disposed for a

grand total of 146 carcasses sent to rendering that

day. This was accomplished and verified by 

and . A HACCP

Corrective Action letter was given to 

 on 19 September by 

. After review I asked Mr.

Molan to revise the response and identify and

quantify the amount of product destroyed that

day on the Corrective Action Letter. This was

accomplished and provided to 

by on 20 September, 2018. MS

, verbally verified the

implementation of the corrective actions listed in

their “Corrective Actions” dated 9/20/18: - Pen

card holders have been ordered and will be

attached to the outfeed gates of each pen to place

pen cards signed and verified by USDA

ante-mortem inspection that must be verified by

plant staff before releasing any livestock for

slaughter. In the interim, until the pen card

holders arrive, only approved employees may

release livestock from pens ONLY if a copy of a

USDA approved, signed pen card is in their

possession. Attachments: - Prime Pork Corrective

Actions Response dated 9/20/18 signed by 

 - A scanned copy of the original Pen card

for Pen 9 lot #1926

(b)(6)

(b)(6)

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

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

(b)(6) (b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 36

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

90 M45945 Home Place Pastures WLT54150

61627G

27JUN2018 04C02 Livestock

Humane

Handling

Finalized At approximately 2:20 p.m., IPP observed

establishment employees attempt to stun a hog in

the knockbox. The employee stunned the hog

with a captive bolt gun and then dropped the hog

out of the knockbox. After the hog was let out it

regained its footing and attempted to walk across

the kill floor. The establishment employees

corralled the animal to attempt to stun it again.

The employee discharged the captive bolt gun 4

times with 3 of the discharges making contact

with the animal and the 3rd attempt missing the

animal entirely. The 4th attempt was effective to

render the animal unconscious.  Immediately the

establishment employees were told to stop

activities on the kill floor and the U.S. Rejected

Tag NO. B43321574 was attached to the

knockbox. This establishment does have a written

Robust Systematically Approach to Humane

Handling plan at the writing of this MOI.

90 M45945 Home Place Pastures WLT38140

60828G

28JUN2018 04C02 Livestock

Humane

Handling

Open On 6/28/18 at approximately 2:00 p.m., IPP

observed establishment employees attempt to

stun a sheep in the knockbox. The employee

stunned the sheep with a captive bolt gun and

then dropped the sheep out of the knockbox.

After the sheep was let out of the knockbox it

regained its footing and attempted to walk across

the kill floor. The establishment employees

corralled the sheep to attempt to stun it again.

The employee discharged the captive bolt gun 6

times into the animal making contact but the stun

was not effective until the 6th attempt. The 6th

attempt was effective to render the animal

unconscious. The establishment employees were

told immediately to stop activities on the kill floor

and the U.S. Rejected Tag NO. B43321575 was

attached to the knockbox.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 37

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

15 M46023 Wyoming Legacy Meats, LLC SDU40140

74027G

27JUL2018 04C02 Livestock

Humane

Handling

Finalized Animals were slipping during ante mortem

inspection. The floor was slick with feces.  The

floors need to be as such to prevent animals from

slipping while walking in the pen. Establishment

response.  Establishment will be making changes

to the pen floors this weekend.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 38

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M4999 Pudliner Packing CGN41080

80902G

02AUG2018 04C02 Livestock

Humane

Handling

Finalized On July 31st, 2018, at 0820 hours, as 

 was observing stunning effectiveness, he

observed the egregious mis-stunning of a market

swine in the stun box.  The market swine was

standing freely in the stun box and an

Establishment employee attempted to stun the

swine with a hand held captive bolt.  

heard the captive bolt discharge, the hog squealed

and recoiled back to the other end of the stun

box, but the hog remained standing and alert. 

The stunner made a second attempt with a .22

caliber rifle.  heard the second attempt,

the hog squealed again and recoiled back to the

other end of the stun box.  observed

blood running down the snout of the hog and the

Establishment employee handed the rifle to the

Establishment owner.  The owner then made a

third stunning attempt with the .22 caliber rifle

which was effective in producing unconsciousness

throughout the shackling and sticking process. 

Upon post mortem inspection, I, 

 observed the three distinct holes in the

skill to verify that the animal had been hit three

times.   instructed establishment

management and employees to halt further

slaughter operations and tagged the stun box with

U.S. Rejected tag # B37530118, to stop the

slaughter process.   I informed Mr. Andrew

Pudliner Sr., Establishment owner, of the multiple

stunning attempts needed to effect

unconsciousness in a swine and informed him

that due to the seriousness of this matter, an

immediate regulatory control action was taken

and that I was alerting the Philadelphia District

Office of the egregious situation.  The

Establishment does not have a Robust Systematic

Approach to Humane Handling.

(b)(6)

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

(b)(6)

(b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 39

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

90 M54271 Beef & Bacon Custom Processing LLC AWN40090

65308G

08JUN2018 04C02 Livestock

Humane

Handling

Finalized In attendance: ,

, Dr. Wes Spurrier – Owner/OperatorHATS

Category Subject of Meeting: Humane Handling

Incident VIII -  Stunning Effectiveness On June

5, 2018, at 07:56 hours, while performing the

Humane Handling Task, I observed an incident at

Beef & Bacon Custom Processing in which a single

shot with a .22 Rifle delivered to a hog did not

produce immediate unconsciousness.  The animal

fell on its side after the initial shot, at which time

an establishment employee administered a

stabbing cut into the animal’s neck to allow the

animal to bleed out.  Immediately after the

animal was stuck, it rose to its’ feet.  The hog was

alert, with tracking eye movements and conscious

vocalization and there was blood draining from

the wound in the neck.   A second shot was

delivered after approximately 15 seconds and

effectively rendered the animal unconscious.  The

stunning area was immediately Rejected using

U.S. Reject/Retain Tag B42268006 and the owner

of the establishment, Dr. Wesley Spurrier, was

notified of the noncompliance.  The establishment

does not currently have a Robust Systematic

Approach to Humane Handling.

(b)(6)(b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 40

Dist

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Task

Code TaskName Status MOI Agenda

05 M548 Yosemite Meat Company Inc. VHM00110

74220G

20JUL2018 04C02 Livestock

Humane

Handling

Finalized At Approximately 1200 hours on 7/17/18, I, 

was watching stunning and

consciousness on the rail in back kill for

approximately 30 minutes.  During that time, I

observed a total of 5 hogs reviving while on the

bleed line that needed to be knocked with a

captive bolt by establishment employees.  After

witnessing the fourth such incident, I spoke with

 and informed

her of my observations.  spoke with 

and was informed that he

believed the issue was with the employee in

charge of sticking being tired.  The establishment

elected to switch the employees, and another

began sticking. Even after the employee switch, a

fifth hog was noted reviving that needed to be

knocked before the lot was finished and the back

kill employees went on break. Since this instance

occurred, each time I watch consciousness on the

rail, I have noted at least one hog reviving.  

                On 7/19/18 at approximately 1145

hours, I again watched stunning and

consciousness on the rail.  As soon as I began

observing, I immediately noted a hog reviving on

the line.  In this instance there was an issue with

the line, causing it to be stopped, giving the hog

approximately 45 seconds to a minute longer

than average to bleed out on the line, so that by

that time the hog reached the catwalk it had

exsanguinated.  Do to the layout of the

establishment, you are given a longer than

average time to identify reviving hogs and take

corrective action. That being said it is the

establishment’s responsibility to consistently

render animals unconscious with a single

application of the chosen stunning methodology.

The apparent increase in hogs reviving while on

the bleed line is an issue of concern and has the

potential to transition into a much more serious

issue. It has also been noted that when the

(b)(6)

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

(b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 41

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

establishment employee observes an animal that

needs to be knocked, the employee takes a knife,

one of the two captive bolt guns kept in back kill,

climbs the ladder, and then knocks the animal. 

Most establishments have two captive bolt guns

supplied specifically for the uncommon instances

when one of the captive bolt guns does not fire

properly, so that another is readily available. 

Although this establishment does have a second,

it is not readily available to the employee

knocking the animal. This too is an issue of

concern with the potential of becoming more

serious.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 42

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

15 M6173 Masami Foods, Inc. CCC520907

2425G

25JUL2018 04C02 Livestock

Humane

Handling

Open On July 24, 2018, at approximately 11:34 am, I,

,

observed the following event while performing

humane handling observations for consciousness

on the rail: I saw a market hog stiffening on the

rail. Upon further observation, the hog began to

try and regain its upright position. This was not

side to side thrashing; it was purposefully lifting

its head in line with the back trying to right itself.

The front legs were stiff and lifting as well, not

thrashing uncontrollably. When I looked below at

the hogs head, the eyes were focused (were not

fixed and dull), actively looking at the employee

next to it, bright and attentive, and the pig began

gasping for breath. I stated to the employee at

head drop station ) “We have a conscious

pig on the rail and needs to be knocked

immediately”. The employee then got down from

his station to perform the knock. As the employee

was getting down from the head station the

urgently instructed the

employee to get the ladder and climb up to knock

the hog. The captive bolt did not fire on the first

two attempts (bolt did not fire after the employee

re-cocked the captive bolt both times), employee

did not attempt to reload the captive bolt gun,

and the third attempt (bolt fired correctly)

resulted in the hog’s body dropping to a state of

total flaccidity and unconsciousness, with eyes

fixed. I then informed of the

incident and he told me to place a reject

tag # B32115813 on the stunning conveyer. 

Note: The line speed was slowed from the regular

 to about 

 5-7 regular employees were missing with

less experienced employees filling in. Last ROS

was February 6, 2018

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

(b)(6)

(b)(6) (b)(4)

(b)(4)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 43

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

90 M7356 Harmon Brothers Meats, Inc. IJK4705055

530G

30MAY2018 04C02 Livestock

Humane

Handling

Finalized May 29, 2018 The Livestock Humane Handling

task was performed at approximately 1100 EDT at

Harmon Bros. Meats, Warsaw, KY. The following

observations were made by the SVMO in the

holding pens: A pen containing approximately 34

sheep/lambs/goats was found to be without

access to water. One lamb was found in a

moribund state-lateral recumbent;

non-responsive-and had to be humanely

euthanized. A pen of mature sheep held

overnight had insufficient room for all animals to

lie down. A holding pen floor was covered in a

soupy manure/inedible hay mixture; no animals

were in the pen at the time. The animals

observed had not been declared for Federal

Inspection. The establishment conducts both

custom exempt and federal inspection slaughter

activities.  Directive 5930. 1 revision 4 states in

part, “Under 21 U.S.C. 610(b), slaughterers of

livestock must comply with the Humane Methods

of Slaughter Act (HMSA). The HMSA applies to the

slaughter of cattle, calves, horses, mules, sheep,

swine, and other livestock. (Poultry slaughter is

not included.) The HMSA applies at custom

exempt facilities.” As the animals had not been

presented for federal inspection, the above cited

Directive justifies the issuance of this MOI in place

of a non-compliance record. The establishment is

reminded the holding pens are to be maintained

in good repair and are to have adequate footing

to prevent slips and falls. Not only does the

observed condition of the holding pen contribute

to insanitary conditions, it increases the likelihood

of slips and falls. The establishment is

encouraged to recall a recent meeting with the

Jackson District Office chain of command in which

such observations were a topic of discussion.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 44

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

90 M7356 Harmon Brothers Meats, Inc. IJK4006062

322G

22JUN2018 04C02 Livestock

Humane

Handling

Finalized June 21, 2018 Harmon Bros. Meats (M7356),

Warsaw KY performs both custom exempt and

Federal Inspection slaughter activities. Directive

5930.1 Revision 4 states " [U]nder 21 U.S.C.

610(b), slaughterers of livestock must comply

with the Humane Methods of Slaughter Act

(HMSA). The HMSA applies to the slaughter of

cattle, calves, horses, mules, sheep, swine, and

other livestock. (Poultry slaughter is not included.)

The HMSA applies at custom exempt facilities."

While performing the Livestock Humane Handling

task the SVMO observed a holding pen containing

13 sows/large hogs without access to water; the

pen had a cattle size water trough laying on its

side and a half-moon shaped trough empty. The

establishment is once again reminded that

livestock is to have access to water, drinkable

water, at all times. Either corrective actions for

previous incidents are ineffective or are not being

implemented to prevent recurrence. The animals

observed while performing this task had not been

declared for Federal Inspection, thus the basis for

this MOI versus a non-compliance record.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 45

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

90 M7356 Harmon Brothers Meats, Inc. IJK4105074

010G

10JUL2018 04C02 Livestock

Humane

Handling

Finalized July 9, 2018 While at Harmon Bros. Meats

(M7356) Warsaw, KY, the Livestock Humane

Handling task was performed at approximately

1215 hrs. EDT.  Observations made by the SVMO

included the following: A holding pen of market

swine/roaster pigs in the barn since last week was

found to have a soupy manure covered floor, a

small quantity of questionable drinkable water,

and one pig with an orbital wound—appears to

have lost an eye and the surrounding tissue

traumatized. A holding pen of mature sheep in

the barn since last week (or longer) was found to

have several sheep ambulatory disabled amongst

the normal population. Some were observed

carrying limbs to the point of being tripod; some

crippled to the point of being barely able to rise

and walk. An empty holding pen was observed

with a clogged drain thereby creating a “manure

pond” in the pen and into the adjacent alleyway. 

The observations were brought to the attention of

Plant Manager Roy Palmer. The establishment is

reminded of Title 9 CFR 313.2(d)(1) which states

“Disabled animals and other animals unable to

move shall be separated from normal ambulatory

animals and placed in the covered pen provided

for in §313.1(c).” Also, Title 9 CFR 313.1(b) states

“Floors of livestock pens, ramps, and driveways

shall be constructed and maintained so as to

provide good footing for livestock.” The soupy

manure floor covering not only increases the

likelihood of slips and falls; it creates insanitary

conditions, as does the ponding in the alleyway. 

The establishment performs both federal

inspected and custom exempt slaughter activities.

The animals observed today had not been

declared for federal inspection. However, Directive

5930.1 Revision 4 requires custom exempt

facilities to comply with the Humane Methods of

Slaughter Act (HMSA). The Federal Meat

Inspection Act (FMIA) requires custom exempt
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 46

Dist

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Task

Code TaskName Status MOI Agenda

facilities to handle animals humanely as well.

Since these animals had not been declared for

federal inspection, the establishment is receiving

this MOI in place of a non-compliance record. This

continues a recent trend in similar observations

and noted in MOIs dated April 19, 2018, May 11,

2018, May 30, 2018, and June 22, 2018.

90 M7464 F.B. Purnell Sausage Co., Inc. CMN22100

80409G

09AUG2018 04C02 Livestock

Humane

Handling

Finalized August 9, 2018 While performing the Livestock

Humane Handling task at Purnell Sausage Co.

(M7464), Simpsonville KY,the following

observation was made by the SVMO at

approximately 0935 hrs. EDT: Plant personnel

were observed driving sows from the holding pen

into the sweep apparatus which leads to the

restrainer where the sows are electrically stunned.

Due to too many sows being driven into the

sweep, several sows were observed upon the

backs of others, sows were scrambling about the

sweep, loud vocalization, and one sow observed

falling from the back of another, landing lateral on

the floor. Title 9 CFR 313.30(a)(2) states , “The

driving or conveying of the animals to the place of

application of electric current shall be done with a

minimum of excitement and discomfort to the

animals. Delivery of calm animals to the place of

application is essential to ensure rapid and

effective insensibility.”

, as well as 

were notified of this observation. The

issuance of this MOI is to inform the

establishment, thereby granting due process. If

this incident had escalated to the point of animals

being driven over other animals, or numerous

animals falling to the floor, or had animals been

pushed as, in effect, being dragged, the minimum

documentation would have been a

non-compliance record. If animals had been

driven over a “down” animal, the potential for a

more serious regulatory action exists.

(b)(6) (b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 47

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

05 M783 Harris Ranch Beef Company VNG42150

60215G

15JUN2018 04C02 Livestock

Humane

Handling

Finalized At 1:00 pm on Friday 6/15/18 

for Harris Ranch Beef

Company, and I met to discuss the incident with

the distressed heifer from yesterday 6/14/18. In

the afternoon of 6/14 plant employees noticed

that a heifer lay down and stood up again a few

times in the pens. She then lay down and would

not get up again and plant employees thought she

might be calving. They cooled her with running

water from a hose and sent an employee to

contact me. When I arrived at the pens I

determined that the heifer was convulsing, not

having contractions. After verifying with me that

the animal was in distress, agreed that the

heifer should be humanely stunned in the pens. At

the time of my arrival he had already radioed for

the captive bolt guns to be brought to the pens,

however it took several more minutes for the guns

to arrive. By the time the captive bolt guns

arrived, the heifer had died of natural causes. In

our discussion, agreed that the guns could

have been brought more rapidly and that the

establishment could improve in that area. He said

that the guns were available in the CTR, which is

very close to the pens, but the person in charge of

the guns was not in the CTR at the time, and the

two knockers could not stop what they were

doing to bring the guns to the pens.

(b)(6)

(b)(6) (b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 48

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Task

Code TaskName Status MOI Agenda

50 M791C Clemens Food Group, LLC QCF31070

64801G

01JUN2018 04C02 Livestock

Humane

Handling

Finalized I met with 

and on Friday

6/1/2018 in the pen area of the barn and told

them of my determination that M791C had a

robust systematic approach to humane handling. I

also relayed observations and concerns that were

identified during a visit on Wednesday May, 30th,

2018 by CDO, DVMS, . These

observations/concerns relayed to and

 were: 1) number of hogs driven at

any one time, 2) the sorting boards falling on a

hog by the loading dock, 3) the hole in the

push/drive gate going into the stunner (from

 NR – most specifically the

un-expeditious response time to fix the panel), 4)

the fact that had to ask and

me if it was OK to stick the hog that was shackled

and insensible but involuntarily kicking at the

stick stand after having been stunned in the

suspect/subject pen (other than not sticking it

because of safety concerns he should have known

that it was OK to stick it), 5) observations that

hogs euthanized are not further bled (and that

this was not uncompliant with any reg and OK as

long as they don’t return to sensibility). took

my words seriously and indicated that these

issues (especially # 1) and 2) would be addressed. 

On 6/5/2018 I spoke briefly with and

told him that I had noticed a significant reduction

in the number of hogs being moved from the pens

and to and through the serpentine. I told him that

movement of hogs seemed to be much smoother

and efficient.

50 M791C Clemens Food Group, LLC QCF27050

81623G

23AUG2018 04C02 Livestock

Humane

Handling

Finalized Disregard this "MOI". MOI created in error/by

mistake and system unable to delete.

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

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 49

Dist

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Task

Code TaskName Status MOI Agenda

50 M85B Swift Pork Company GYM19230

82008G

08AUG2018 04C02 Livestock

Humane

Handling

Finalized I was completing ante-mortem inspection at

approximately 22:50 hours on 08/08/18 including

a pen tag for  row#31-36.  I found that while there

was a padlock at the top of the gate, the chain

was not wrapped and the pen was not locked. 

The hogs were not being run and the gates were

closed so there is no regulatory non-compliance. 

However establishment SOP programs state pens

will be locked until USDA inspection is complete. 

 checked with a barn employee and

immediately placed the lock on the gate.  The pen

tag was signed to release the hogs for slaughter at

23:02 hours after consulting with 

  I informed an MOI would be created.

15 M9252 Bright Oak Meats, Inc. GHD49170

74702G

02JUL2018 04C02 Livestock

Humane

Handling

Finalized Earlier in the day, a non-compliance was recorded

for the use of two shots in order to render a large

hog unconscious (documented on a separate HH

task by and 

discussed the situation and the plant's

preventative actions to prevent future recurrence.

 had already discussed the incident

with the employee who was stunning (one of the

lead slaughter employees) regarding his rationale

in using the smaller caliber rifle and they both

agreed that only the larger rifle will be used from

this point forward. They will be updating their

robust HH plan and be conducting refresher

training to slaughter floor employees. also

discussed possible further enforcement actions

should this become a recurring event.

(b)(6)

(b)(6)

(b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 50

Dist

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Task

Code TaskName Status MOI Agenda

60 M9482 Espey's Meat Market YHK310909

3619G

19SEP2018 04C02 Livestock

Humane

Handling

Finalized On Wednesday, September 19, 2018 at 0915

hours, as was observing

stunning effectiveness, he observed the egregious

mis-stunning of a market swine in the stun box. 

The market swine was standing freely in the stun

box when an Establishment employee attempted

to stun the market hog, behind the ear, with a

hand held captive bolt.  As the captive bolt

discharged, the market swine squealed and

recoiled back to the other end of the stun box, but

the hog remained standing and alert.  The first

stunner reloaded the captive bolt and handed it to

another employee who made a second stunning

attempt in the front of the animal’s head.  As the

captive bolt discharged, the hog squealed again

and recoiled back to the other end of the stun

box.  The second stunner reloaded the captive

bolt and made a third attempt in the front of the

animal’s head which was effective in producing

unconsciousness throughout the shackling and

sticking process.  Upon post mortem inspection,

 observed the three distinct areas,

which were impacted by the captive bolt, to verify

that the animal had been hit three times.   

 instructed Establishment management

and employees to halt further slaughter

operations and tagged the stun box with U.S.

Rejected tag #B20481405, to stop the slaughter

process.  ,  informed Mr. Joe

Espey, Establishment owner, of the multiple

stunning attempts needed to effect

unconsciousness in a market hog and informed

him that due to the seriousness of this matter, an

immediate regulatory control action was taken

and that I was alerting the Philadelphia District

Office of the egregious situation.  The

Establishment operates under a Robust

Systematic Approach.  Within the previous six

months, there was one Humane Handling

Noncompliance Record, for mis-stunning, on July

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

(b)(6)

(b)(6)
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 51

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

25, 2018.  The establishment had a back-up .22

magnum rifle available on the slaughter floor, as

detailed in their Robust Plan, but chose to reload

the captive bolt instead.  I recommend that the

Establishment be given a Notice of Intended

Enforcement instead of a Notice of Suspension.
Table: MOIs in Response to FOIA2019-017 11:04 Wednesday, April 17, 2019 52

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Task

Code TaskName Status MOI Agenda

15 M960 Greater Omaha Packing Co., Inc. PEE381505

4221G

21MAY2018 04C02 Livestock

Humane

Handling

Finalized At approximately 1435, I, began

observation of the knocking procedure for my

HATS task and witnessed the following: a single

steer was pushed too far forward on the belly belt

and allowed to walk out onto the shackling

conveyor belt.  At this time, it lost its balance, and

fell into the catch cage at the bottom of the belt

and immediately got back up from the ground. 

After several attempts from establishment

employees to stun with inline captive bolts (no

discharges were made), at approximately 1437

the animal became agitated, ran the cage out of

its normal location, and proceeded to run with

panic in the fenced area surrounding the knock

box.  At this point, two employees with inline

captive bolts proceeded to continue attempting

cornering it with no success.  When the animal

came near the fence line, a third employee, also

with an inline captive bolt, attempted to line up a

shot, also with no success.  I heard one captive

bolt discharge, but due to the animal running

underneath dripping carcasses and accumulating

blood on its head up to the point, I was unable to

discern if contact with a captive bolt had been

made.  This continued for several minutes, until

approximately 1442 when the animal ran back up

the conveyor belt, at which point one of the

employees lined up a shot with an inline captive

bolt.  The shot was misplaced, and resulted in the

bolt becoming lodged in the animal’s skull.  The

animal was bright, alert, responsive, and

continued to look and move around.  It took 30

seconds to 1 minute for the corrective stun to be

placed, which resulted in satisfactory

unconsciousness.  Throughout the entire

encounter, the animal did not vocalize.  At this

point, I informed 

that I was taking regulatory control by placing my

reject tag on the alley.  GOP does operate under a

robust humane handling policy at this time.

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