Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 1

EstNbr EstName NR# Date Task TaskName Regs Description Status

M332 FPL Food ACA051

411321

5N-1

11/15/2018 04C02 Livestock

Humane

Handling

313.2 HATS category 4:  Handling during antemortem

inspection.  CFR 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. On November

15,2018, at approximately 1220, while

performing antemortem inspection at

Establishment M-332, FPL Food, I 

, observed the following noncompliance.  FPL

employees and were unloading

cattle (lot #1831851)  from a truck into the

Holding Pen.  I asked the employees to segregate

a bull into the suspect pen (Pen 0).  All the cattle

were taken from the Holding Pen except the

suspect and a Holstein cow that wouldn't leave his

side. The bull and cow were herded toward the

Suspect Pen and pulled the gate open to

allow entry.  He then stood behind it to be able to

close it. The suspect and cow were trotting into

Pen 0 when ran forward pushing the

gate. The gate hit the Holstein in the left shoulder

so hard she fell completely down to the concrete

floor. fell as well. Both got up unhurt.

 caused excitement and discomfort to the

cow.  The Holstein was put in Pen 9 with the rest

of her lot. I immediately notified 

, and he told me he notified .

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 FOIA2019-143 10:47 Wednesday, March 20, 2019 2

EstNbr EstName NR# Date Task TaskName Regs Description Status

M332 FPL Food ACA141

011582

1N-1

11/21/2018 04C02 Livestock

Humane

Handling

313.1 9 CFR 313.1(a)  Livestock pens, driveways, and

ramps shall be maintained in good repair.  They

shall be free from sharp or protruding objects

which may, in the opinion of the inspector, cause

injury or pain to the animals.   On November 21,

2018,  at approximately 10:50 AM, while

inspecting the Tub Pen, at Establishment M-332,

FPL Food, I, observed the

following noncompliance.  A metal panel lining

the inside of the Tub was pulled loose at the

bottom with its corner edge protruding 3-4 inches

into the pen where it could cause pain and injury

to the animals.  I took regulatory control action

US Retained/Rejected tag # B37 086373 and

tagged the gate to the entrance to the Tub Pen.

 of FPL Food was

notified  immediately. He hammered the metal

edge flat so it was no longer protruding into the

pen, and I removed the tag.

CLOSED

M482 St. Croix

Abattoir

NAA56

111019

04N-1

10/04/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On October 4, 2018, at approximately 10:15am,

while attempting to knock the fourth animal (a

goat) of the day, the 

, ineffectively knocked the animal

with a captive bolt device. The animal was still

upright, moving and bleating (vocalizing) after the

first stunning attempt.  

, immediately handed the stunning

employee the back-up captive bolt device. The

stunning employee administered a second

stunning attempt, which was effective. The firm

does not have a robust humane handling

program. was notified by

 that a NR would be issued for this

incident. The firm failed to meet 9 CFR 313.15

(a)(1) and (3); and 313.15 (b)(1)(iii) and (iv).

CLOSED

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

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 3

EstNbr EstName NR# Date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA00

111200

20N-1

12/20/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3),

313.30(b)(3)

On December 20, 2018, at approximately

10:40a.m., observed the

following incident: The establishment's 

, attempted to stun the second

pig of the day, using the electrical stunner. As per

the establishment's stunning protocol, 

applied the electrical stunner probes behind the

ears of the pig and then to the chest of the pig.

The pig started to thrash around, but 

observed the pig's eyes tracking and one blink

 notified 

, who was in the knocking area, of the

pig's movement. As Acting 

went to assess the sensibility of the animal, the

pig rose up on all four feet and moved its head.

Immediately, obtained the back-up

knocking device, the 5 inch captive bolt stunner,

which was in the knocking area and applied an

effective knock to the pig. informed

 and 

 that a NR would be issued.

Plant management immediately removed the

electrical stunner from the knocking area and

started using the captive bolt stunner to knock the

remaining animals. The establishment failed to

meet 9 CFR 313.30 (a) (1): The electric current

shall be administered so as to produce, at a

minimum, surgical anesthesia, i.e., a state where

the animal feels no painful sensation. The animals

shall be either stunned or killed before they are

shackled, hoisted, thrown, cast, or cut. They shall

be exposed to the electric current in a way that

will accomplish the desired result quickly and

effectively, with a minimum of excitement and

discomfort. The establishment failed to meet 9

CFR 313.30 (a) (3): The quality and location of the

electrical shock shall be such as to produce

immediate insensibility to pain in the exposed

animal. The establishment failed to meet 9 CFR

313.30 (b) (3): Each animal shall be given a

sufficient application of electric current to ensure

OPEN

(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 FOIA2019-143 10:47 Wednesday, March 20, 2019 4

EstNbr EstName NR# Date Task TaskName Regs Description Status

surgical anesthesia throughout the bleeding

operation. Suitable timing, voltage and current

control devices shall be used to ensure that each

animal receives the necessary electrical charge to 

produce immediate unconsciousness.
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 5

EstNbr EstName NR# Date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA00

111200

20N-2

12/20/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3),

313.15(b)(1)

(iii),

313.15(b)(2)

(i)

On December 20, 2018, at approximately 3:05pm,

 observed the following incident: 

The establishment's ,

attempted to stun the 17th  pig of the day, using

the 5 inch captive bolt stunner. (The

establishment's electrical stunner had been

removed from use during a previous inhumane

stunning incident on this day, and the smaller (22

caliber) captive bolt stunners could not be used

due to a lack of stunner loads).  

attempted to stun the pig using the captive bolt

stunner, but was unable to get a clear shot. The

, was in the smaller

pen with the pig, trying to limit the animal's

movements by pushing it against the knocking

pen fence. The animal was still moving around

however, and the stunner employee had a difficult

time getting a clear shot.  attempted to

knock the animal using the captive bolt, but it was

not an effective stun. The pig started to thrash

around while standing on all four feet and was

squealing. Immediately, obtained the

back-up knocking device, the 5 inch captive bolt

stunner, which was in the knocking area. The

animal was moving too much to get a second

shot, so straddled the animal to limit

the animal's' movements and was then able

to apply an effective second knock to the pig. 

 informed 

 and to stop

all slaughter activities. applied US

Reject tag #B19323227 to the knocking box and

contacted her supervisor for further instruction, as

this was the second humane handling incident

observed at the plant today. The establishment

failed to meet 9 CFR 313.15 (a)(1): The captive

bolt stunners shall be applied to the livestock in

accordance with this section so as to produce

immediate unconsciousness in the animals before

they are shackled, hoisted, thrown, cast, or cut.

The animals shall be stunned in such a manner

OPEN

(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 FOIA2019-143 10:47 Wednesday, March 20, 2019 6

EstNbr EstName NR# Date Task TaskName Regs Description Status

that they will be rendered unconscious with a

minimum of excitement and discomfort. The

establishment failed to meet 9 CFR 313.15 (a) (3):

Immediately after the stunning blow is delivered

the animals shall be    in a state of complete

unconsciousness and remain in this condition

throughout shackling, sticking and bleeding. The

establishment failed to meet 9 CFR 313.15

(b)(1)(iii): The stunning area shall be so de- signed

and constructed as to limit the free movements of

animals sufficiently to allow the operator to locate

the stunning blow with a high degree of accuracy. 

The establishment failed to meet 9 CFR

313.15(b)(2)(i): Choice of instrument and force

required to produce immediate unconsciousness

varies, depending on kind, breed, size, age, and

sex of the animal. Young swine, lambs, and calves

usually require less stunning force than mature

animals of the same kind. Bulls, rams, and boars

usually require skull penetration to produce

immediate unconsciousness. Charges suitable for

smaller kinds of livestock such as swine or for

young animals are not acceptably interchanged

for use on larger kinds or older livestock,

respectively.
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 7

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19697+P

19697+V19

697

Chaudhry

Meat

Company, Inc.

ZCA241

111151

4N-1

11/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) informed

 and of a

Livestock Human Handling noncompliance at

1153 and the application of USDA Rejected Tag

#B35 200103. described the

noncompliance as a double stunning. He stated

the first attempt sounded weaker than normal.

 observed the adult beef cow (Mac

#396) and it was alert, blinking eyelids and

breathing with wound on the head from captive

bolt. Following the first attempt to stun, the plant

employee immediately took action to reload

captive bolt gun and made a successful second

stunning. Plant’s surveillance video confirms

 observations of the incidence. All stunning

procedures per establishment animal welfare

policy manual were followed. I discussed the

mishap with Mr. Wasim Chaudhry, President/ GM

and . They credit

the mishap to a defective round, possibly caused

by moisture. Management proffered the following

as their corrective action for this noncompliance;

Gun rounds will no longer be stored in an open

container on the kill floor; instead gun rounds will

be in a sealed container. I reviewed the plant’s

establishment animal welfare policy manual and

the captive bolt maintenance records. Documents

were acceptable. The USDA Rejected tag was

removed a 1255. This document serves as written

notification that your failure to comply with

regulatory requirements(s) could result in

additional regulatory or administrative action.

(b) (6)

CLOSED

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 8

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4265+P4

265+V4265

Locust Grove

Farm

XBA071

310512

5N-1

10/25/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII - Stunning Effectiveness On

October 25, 2018, at approximately 1410 hours

while performing humane handling verification

activities at Establishment M4265, I 

 observed the following

noncompliance.  The Establishment moved a

angus steer into the stun box for stunning with a

410 cal. shotgun.  The steer’s head was not locked

into the head gate.  As the Stunner made the first

stunning attempt with the 410, the steer moved

its head.  The stunning attempt hit the head as

evidenced by both the steer's sudden movement

away from the stunner and a spot on the head

where the gun shot hit, but the steer remained

standing and was vocalizing.  The stunner took

immediate corrective action by re-loading the 410

and delivering a second shot, which made the

steer insensible.  Mr. Dean Tripp, Plant Owner,

was notified of the Noncompliance and the

Establishment’s failure to adhere to the regulatory

requirements of 9 CFR 313.15(a)(1).

CLOSED

M8547+V8

547

Champlain

Beef Company

Inc.

PRO091

312121

8N-1

12/18/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III – WATER AND FEED

AVAILABILITY  On December 18, 2018 at

approximately 1200 hours, while performing

routine ante-mortem duties, the following

noncompliance was observed.  IPP observed

Canadian cattle being unloaded into a pen in

which the only water that was accessible was fully

frozen over, such that the animals could not

access it.  

 were both notified of this noncompliance

verbally and corrective actions were immediately

taken.  This is a direct noncompliance of 9 CFR

313.2(e).

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 9

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF351

110100

1N-1

10/01/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII  Stunning Effectiveness On

October 1st, 2018, at 1000 while walking towards

the stun box from behind the hog chute, I heard a

single shot from the pneumatic non-penetrating

captive bolt.  As I came around the corner of the

hog chute, I observed a formula fed veal calf

standing calmly on the black moving table, fully

conscious.  I then observed the employee

responsible for sticking immediately apply a

second stun using the back-up device (penetrating

hand-held captive bolt), which rendered the

animal unconscious.  The animal remained

unconscious throughout the bleeding process. I

verbally confirmed with the pen supervisor that

the initial shot from the pneumatic captive bolt

made contact with the animal, but failed to

render it unconscious.  I informed 

and of the above noncompliance

and examined the animal’s skull with them

present.  The hide was removed, and bruising and

a depression in the frontal bone, consistent with a

blow from the non-penetrating captive bolt, were

visible adjacent to the hole from the penetrating

captive bolt.    The failure to render an animal

insensible with a single stun is a violation of 9 CFR

313.15(a)(1).

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 10

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF500

812361

4N-1

12/14/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category III - Water and Feed Availability 

HATS Category VII - Slips and Falls On Friday,

December 14, 2018 at approximately 0700 hours I

observed the following humane handling

non-compliance’s in the pens at Gold Medal

Packing. A load of had been

unloaded onto the ramp and hallway area. The

drive sheet provided by the establishment listed

the number of calves in the load as 247 with the

“Max # Allowed” listed as 80 for the hallway and

50 for the ramp for a total of 130. According to

your humane handling program spacing of

animals is calculated to determine the maximum

occupancy for each pen area; which is shown on

your drive sheet. This excess of calves resulted in

an abnormal number of slips and falls as the

walking calves moved over and around the calves

that were lying down. In addition, between the

hallway and ramp there is a small space normally

used to store a pressure washer and unused water

barrels. With the hallway and ramp in an open

configuration with each other, this storage space

was open, and several calves were seen wandering

into this space which resulted in additional slips

and falls. According to your humane handling

program ramps and walkways should be free from

obstruction and anything that affects animal

footing. In addition to the slips and falls, calves

were crowded at the top of the ramp with the

nearest available water at the bottom end of the

ramp. In consideration of the crowding and

distance together, the calves at the top of the

ramp had no access to water. I notified plant

supervisor Luis Olivera of the forth coming

noncompliance. Calves were removed from the

area between the two pens (containing the

pressure washer) and the area was closed off. I

was informed by the plant supervisor that he

would discuss this issue immediately with plant

management.

CLOSED

(b) (4)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 11

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5300 Rhode Island

Beef & Veal

Inc.

VEL071

411362

1N-1

11/21/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling Category III: Water and Feed

Availability Today at approximately 2:45PM while

performing a livestock humane handling task in

the pen area, the following noncompliance was

observed.   Eleven pigs housed in an outdoor pen

were not provided water.  

, was notified and immediately

provided water to the animals. This is

noncompliant with 9CFR 313.2(e). 

, was notified of

this noncompliance verbally and with this notice.

Upon recent record review, no similar

noncompliance records have been generated to

reflect this finding.

OPEN

M5300 Rhode Island

Beef & Veal

Inc.

VEL361

112062

8N-1

12/28/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling Category III: Water and Feed

Availability This morning at approximately

10:30am while performing a livestock humane

handling task in the outside pen area, the

following noncompliance was observed:  Two

beef cows housed in an outdoor pen were not

provided water.  The slaughter floor supervisor

was notified and immediately provided water to

the animals. This is noncompliant with 9CFR

313.2(e). 

, was notified of this noncompliance

with this notice. Upon review of records, there are

no recent similar humane handling

noncompliance records.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 12

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5497+V5

497

Adams Farm

Slaughterhous

e LLC

FWJ361

412241

9N-1

12/19/2018 04C02 Livestock

Humane

Handling

313.30(a)(3) Humane Handling Category VIII: Stunning

Effectiveness This afternoon, at approximately

3:00pm, while observing the slaughter of swine to

ensure acceptable humane stunning methods, the

following noncompliance was observed by the

food inspector: The employee performing the

stunning applied the electrical stunning wand to a

large market swine in the appropriate anatomical

region and activated it. The animal moved as the

electrical stun was being applied and the wand

lost contact, causing the animal to move away

and vocalize loudly. Using the loaded back-up

captive bolt stunner, the same employee applied

an effective shot which was successful in

rendering the animal unconscious. This is in

noncompliance with 9CFR 313.30(a)3. The

slaughter floor manager was notified of the

noncompliance and that a noncompliance record

would be generated to reflect this finding.

CLOSED

M6354+P6

354+V6354

E.L.

Blood & Son,

Inc.

BNH58

101151

19N-1

11/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling Category VIII: Stunning

Effectiveness This morning, at approximately

8:10am, while observing the slaughter of swine to

ensure acceptable humane stunning methods, the

following noncompliance was observed: The

employee performing the stunning applied the

captive bolt stunner to a large market swine in the

appropriate stunning area and shot it. The pig

initially lost its footing but then began vocalizing

and stood again. Using the loaded back-up

stunner, the same employee applied a second

shot which was successful in rendering the animal

unconscious. This is in noncompliance with 9CFR

313.15(a)1. The slaughter floor manager was

notified of the noncompliance and that a

noncompliance record would be generated to

reflect this finding.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 13

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9840+V9

840

Windham

Butcher Shop

Inc.

BCD241

110570

6N-1

10/06/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII – Stunning Effectiveness (9 CFR

313.15 (a)(1)) Friday, October 5, 2018: at

approximately 5:15PM, the following

noncompliance was observed while performing a

routine Livestock Humane Handling task. I stood

behind a barrier as a Black Angus cattle was

secured into the knock box to be stunned. The

initial stun attempt was with a captive bolt gun.

The shot was ineffective as the animal remained

fully conscious. After I heard the sound of the

initial captive bolt shot, the animal vocalized

loudly. It sounded as if the animal was thrashing

back and forth on foot rather than dropping to the

floor. The establishment was at the ready. A

backup shot with captive bolt gun was

immediately applied, which successfully rendered

the animal unconscious. The animal did not regain

consciousness at any point after the second shot.

While examining the animal’s head, I observed

two separate and distinct wounds from the

captive bolt. I verbally issued a noncompliance

pending my written report to Mr. Dana Mains, Sr.

(plant owner) and . A

review of PHIS indicated there has been no similar

noncompliance documented within the past 90

days.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 14

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9840+V9

840

Windham

Butcher Shop

Inc.

BCD151

311331

4N-1

11/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

HATS Category VIII – Stunning Effectiveness (9 CFR

313.15 (a)(1) & (a)(3)) Wednesday, November

14, 2018: At approximately 10:45 AM, the

following noncompliance was observed while

performing a routine Livestock Humane Handling

verification task. I stood behind a garage door,

which served as a barrier between the kill floor

and the stunning area, while a slaughter employee

applied a captive bolt stunner to a lamb’s head.

Following the audible “pop” sound of the captive

bolt gun, the garage door was swiftly raised and

the slaughter employee immediately began

shackling the downed animal. However, the initial

stunning application was ineffective and the lamb

was not rendered fully unconscious. I observed

the animal transition from lying on its side to a

sternal position with its front legs extended

outward and its feet were planted firmly on the

floor. The lamb held its head in an upright

position and the tracking of eyes was observed. 

The establishment was at the ready. 

, immediately

applied a backup shot with a captive bolt gun,

which successfully rendered the animal

unconscious. The animal did not regain

consciousness at any point after the second shot. 

I verbally issued a noncompliance to 

 pending my written report. A 90-day

review of PHIS indicated a noncompliance of

similar cause was documented on 10/5/2018

(BCD2411105706N).

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 15

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20321+V

20321

Luce's Maine

Grown Meats

NKI050

911331

5N-1

11/15/2018 04C02 Livestock

Humane

Handling

313.2 While conducting a Livestock Humane Handling

task at app. 945 on 11-15-18, and walking

through the pens adjacent to the kill floor, I

observed that water in a drinking trough and

bucket placed in one of the pens holding a sow

(kept overnight at the est.) had frozen. I

immediately informed Mr. Luce, the plant owner,

of the noncompliance with 9 CFR 313.2 (e), which

requires that all animals held at the est. in holding

pens 'shall have access to water.' After reviewing

NRs issued within the last 90 days at the est., I

found one association with record no.

NKI3008084923N-1, dated 8-23-18.

CLOSED

M818+V81

8

J. H. Routh

Packing Co.

FYC000

910070

4N-1

10/04/2018 04C02 Livestock

Humane

Handling

313.2 While performing the ante mortem inspection

task in the barn on Thursday October 4, 2018 at

approximately 0623, observed that the

waterer in pen L was empty.  While there was a

bit of water in the bottom, this particular

apparatus is gravity fed and therefore water was

inaccessible to the pigs in that pen.  This is a

regulatory non-compliance in regard to the

following regulations: § 201.82 Care and

promptness in weighing and handling livestock

and live poultry. (a) Each stockyard owner,

market agency, dealer, packer, swine contractor

and live poultry dealer must exercise reasonable

care and promptness with respect to loading,

transporting, holding, yarding, feeding, watering,

weighing, or otherwise handling livestock, or live

poultry to prevent waste of feed, shrinkage, injury,

death or other avoidable loss. § 313.2 Handling

of livestock. (e) Animals shall have access to

water in all holding pens and, if held longer than

24 hours, access to feed.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 16

EstNbr EstName NR# Date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC560

510590

5N-1

10/05/2018 04C02 Livestock

Humane

Handling

313.2 While performing the ante mortem inspection

task in the barn on Thursday October 5, 2018 at

approximately 0623, observed that the

waterer in pen L was empty.  While there was a

bit of water in the bottom, this particular

apparatus is gravity fed and therefore water was

inaccessible to the pigs in that pen.  This is a

regulatory non-compliance in regard to the

following regulations: § 201.82 Care and

promptness in weighing and handling livestock

and live poultry. (a) Each stockyard owner,

market agency, dealer, packer, swine contractor

and live poultry dealer must exercise reasonable

care and promptness with respect to loading,

transporting, holding, yarding, feeding, watering,

weighing, or otherwise handling livestock, or live

poultry to prevent waste of feed, shrinkage, injury,

death or other avoidable loss. § 313.2 Handling

of livestock. (e) Animals shall have access to

water in all holding pens and, if held longer than

24 hours, access to feed.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 17

EstNbr EstName NR# Date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC341

311531

3N-1

11/01/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On Monday August 27, 2018 while performing the

ante mortem task the barn, 

observed several non-compliances which are

detailed below: A. Several pens of pigs were

filthy. According to 9CFR 307.2(a)  Other facilities

and conditions to be provided by the

establishment.  Satisfactory pens, equipment, and

assistants for conducting ante-mortem inspection

and for separating, marking and holding apart

from passed livestock those marked ‘‘U.S.

suspect’’ and those marked ‘‘U.S. condemned’’

(pens, alleys, and runways shall be paved, drained,

and supplied with adequate hose connections for

cleanup purposes). In reference to the dirty pigs;

there are several stages in the slaughter process

that can be an avenue of carcass contamination or

cross-contamination.  Because Salmonella are

carried primarily in the intestinal tract of swine,

contaminated fecal material initially on the

carcass or released during the slaughter process

are risks for Salmonella contamination (1,5).  In a

USDA study of 2 U.S. commercial slaughter

facilities, 91% of prescald carcasses were positive

for Salmonella (1,2). Not only were the majority of

carcasses contaminated with the bacteria, but

37% of carcasses contained between 1 and 3.9 log

CFU/100 cm2. Thus, there is opportunity for

cross-contamination to processing equipment or

other carcasses from exsanguination to

evisceration, such as dehairing and polishing

equipment, knives, and head removal (1,3).  Up to

69% of Salmonella contamination on a carcass is a

result of contaminated slaughter environment

(1,4).The pigs in the barn on that morning were

covered in fecal matter and I find the condition

concerning for 3 reasons: 1.  As previously stated,

this a pre-harvest risk to food safety 2.  Dirty pigs

do not allow for an acceptable ante mortem

inspection of pigs 3.  Quarterly establishment

reporting indicate that JHR raw Pork samples that

were analyzed further for   Salmonella were 81.8%

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 18

EstNbr EstName NR# Date Task TaskName Regs Description Status

vs.23.4% for Industry% Positive for Small

Establishments. In the warmer weather, I had

asked the barn staff to ask the 3rd shift person to

turn on the sprinklers to clean off the pigs prior to

ante mortem inspection.  In these instances, the

sprinklers serve two functions: cooling and

rinsing.  Of course there are challenges especially

in the colder winter weather which is why it is

pertinent that pens be clean for animals upon

arrival.  In prior instances where several animals in

a lot(s) were infected with Swine Erysipelas,  JHR

and the USDA SPHV were literally overloaded with

lesioned carcasses at mid-rail and at final rail that

were not all observed during ante mortem

inspection due to dirty pigs.  President Jeff Myers

has approached me and asked several times how

we avoid all the commotion and excess carcasses

on the rails in situations where Swine Erysipelas

had been observed either in the barn or on the kill

floor.  There are two scenarios here: 1:  Swine

Erysipelas is observed in the barn during ante

mortem and animals are segregated,

temperatures taken, and labeled as suspect

animals or if not, condemned OR 2.  Lesioned

animals are not observed in the barn and

unsuspectingly end up on either the mid or final

rail for veterinary disposition.  There are strict

regulations in 9 CFR regarding Swine Erysipelas

including: 309.2 Livestock suspected of being

diseased or affected with certain conditions;

identifying suspects;disposition on post-mortem

inspection or otherwise. (h) All hogs suspected on

antemortem inspection of being affected with

swine erysipelas shall be identified as U.S.

Suspects and disposed of as provided in § 311.5 of

this subchapter or paragraph (i) of this section. (i)

A hog suspected of being affected with swine

erysipelas may be set apart and held for

treatment under Program or other responsible

official supervision approved by the area

supervisor.  If at the expiration of the treatment
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 19

EstNbr EstName NR# Date Task TaskName Regs Description Status

period the animal upon examination is found to

be free from disease, it may be released for any

purpose. Otherwise, it shall be identified as U.S.

Suspect and disposed of as provided in § 311.5 of

this subchapter, or condemned and disposed of as

provided in § 309.13, whichever is appropriate.

309.9 Swine erysipelas. All hogs plainly showing

on antemortem inspection that they are affected

with acute swine erysipelas shall be identified as

U.S. Condemned and disposed of in accordance

with § 309.13. 311.5 Swine erysipelas. Carcasses

affected with swine erysipelas which is acute or

generalized,or which show systemic change, shall

be condemned. 311.6 Diamond-skin disease.

Carcasses of hogs affected with diamond-skin

disease when localized and not associated with

systemic change may be passed for human food

after removal and condemnation of the affected

parts, provided such carcasses are otherwise

healthy. References   1.  Pathogens of Interest to

the Pork Industry: A Review of Research on

Interventions to Assure Food Safety,  2013  Baer,

A.A., Miller, M.J., and Anna C. Dilger, A.C. Vol.12,

Comprehensive Reviews in Food Science and Food

Safety. 2.  Prevalence, enumeration, serotypes,

and antimicrobial resistance phenotypes of

Salmonella enterica isolates from carcasses at two

large United States pork processing plants. 2012

Schmidt J, Brichta-Harhay D, Kalchayanand N,

Bosilevac J, Shackelford S, Wheeler T, and

Koohmaraie M.  Appl Environ Microbiol. 3.  Natl.

Pork Board/ Pork Information Gateway factsheet. 

2002  Dickson J, Hurd HS, Rostagno MH. Tracking

the Salmonella status of pigs and pork from

lairage through the slaughter process in the

Republic of Ireland Duggan SJ, Mannion C,

Prendergast DM, Leonard N, Fanning S,

Gonzales-Barron U, Egan J, Butler F, Duffy G.

2010.. J Food Prot 73(12):2148–60. 4. 

Pre-harvest Food Safety as Integral Part of Quality

Assurance/Systems in the Pork Chain from “Stable
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 20

EstNbr EstName NR# Date Task TaskName Regs Description Status

to Table”, Blaha, T.G.   2001  In Proceedings of the

4th International Symposium on the Epidemiology

and Control of Salmonella and other Food Borne

Pathogens in Pork. B.  Over crowding on the

scale According to 9 CFR 313.2(a) Handling of

livestock.  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. JHR does have a written systematic

approach to humane handling (SAHH) plan.  The

SAHH plan is to effectively address four aspects of

a systematic approach that FSIS outlined in the

2004 Federal Register Notice and include in part

to design facilities and implement practices that

will minimize excitement, discomfort and

accidental injury to livestock, evaluate periodically

and respond to those evaluations.  To those

points; the scale is often overcrowded and the

gate used to squeeze pigs on to the scale which

suggests that there is no room for those animals

on the scale resulting in pigs piling and on top of

one another despite their origin and associated

behaviors.  Furthermore, often times there are

stressed and/or fatigued pigs in the group as well

which do not do well under those circumstances. 

JHR Barn employees and QC have been reminded

of this fact several times including the

establishment meeting February 21, 2018 as well

as in subsequent discussions this year and the

concern remains. In this particular incident

(crowding of the scale), no observable injuries

were noted; however, there are noncompliances

with 9 CFR 313 that IPP/SPHV are to act upon

even though the noncompliances are not causing

animals to be injured, to be in pain, or to be under

excessive excitement or discomfort.  As required

by 9 CFR 313.50, IPP are to inform establishment

management of such noncompliances.  The

IPP/SPHV are to verify that the establishment

takes necessary corrective actions and further
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 21

EstNbr EstName NR# Date Task TaskName Regs Description Status

preventive measures to achieve regulatory

compliance and prevent recurrence.  IPP/SPHV are

to take regulatory action if the establishment fails

to take such actions or to promptly provide the

inspector with satisfactory assurances that such

actions will be taken.  A subsequent

noncompliance is observed that derives from the

same or related cause, thereby indicating a failure

to continue effective implementation of

previously proffered corrective and preventative

measures. In conclusion, I can not grant your

appeal based on these facts and the concern will

need to be addressed.  This noncompliance was

also written in conjunction with #4 below.  C. 

Pigs slipping and falling in the scale area

According the 9 CFR 313.1(b) Humane Animal

Tracking Category VII:  Establishments are to

provide adequate footing in their livestock

facilities.  The IPP or SPHV are required to verify

that the establishment prevents livestock from

slipping and falling due to inadequate footing or

improper handling practices.  In addtion, they (IPP

or SPHV) are to take appropriate actions and

document a non-egregious inhumane

noncompliance as set out in Chapter VII if animals

are slipping and falling because of poor footing or

lack of slip resistant footing. 9 CFR section 313.1

states” (b) Floors of livestock pens, ramps, and

driveways shall be constructed and maintained so

as to provide good footing for livestock.  Slip

resistant or waffled floor surfaces, cleated ramps

and the use of sand, as appropriate during winter

months are examples of acceptable construction

and maintenance. The noncompliance was written

in response to slipping leaving the scale and NOT

for mats not being in place.  Slipping of animals

leaving the scale is not a new issue at JHR Packing

Co. and is the reason I had asked that the mats be

placed on the ramp and mid alley as the mats do

reduce the amount of slipping witnessed while in

the barn.  In conclusion, I can not grant your
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 22

EstNbr EstName NR# Date Task TaskName Regs Description Status

appeal based on these facts and the concern will

need to be addressed.  To reiterate, JHR does have

a written systematic approach to humane

handling (SAHH) plan.  The SAHH plan is to

effectively address four aspects of a systematic

approach that FSIS outlined in the 2004 Federal

Register Notice and include in part to design

facilities and implement practices that will

minimize excitement, discomfort and accidental

injury to livestock, evaluate periodically and

respond to those evaluations.  To date no other

solutions have been presented.

M6785 Bob Evans

Farms Inc.

NRL330

712071

9N-1

12/03/2018 04C02 Livestock

Humane

Handling

313.2 On 12/3/2018 at approximately 9:10am while

performing the ante-mortem portion of my

livestock humane handling task, I, 

 observed the

following noncompliance. While watching an

employee move the sows from the 

producer around in the pen, I noticed a

vocalizing sow who was previously up walking

around that became laterally recumbent (laying

on her side) due to being moved around by the

employee. The sow was not able to ambulate

herself due to multiple sows stepping on

and standing over her. The employee then walked

back over to the part of the pen to move the sows

off of the disabled sow. Once he was able to move

the sows away from her, she was not able to

stand up again and appeared to be severely

stressed. She remained laterally recumbent and

the plant elected to captive bolt stun her and

plant condemn her. This document serves as a

written notification that continued failure to meet

regulatory requirements can lead to enforcement

actions as described in 9 CFR Part 500.4.

CLOSED

(b) (6)

(b) (4)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 23

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7429+P7

429

Hampton Meat

Processing Co.,

Inc.

IPE5712

115714

N-1

11/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII-Stunning Effectiveness At

approximately 1220 I observed an employee use a

captive bolt on a large sow, weighing

approximately 700 pounds. The bolt did not

render the animal unconscious. The animal was

still standing, alert and moving its head around,

eyes blinking.The employee obtained a .38 caliber

rifle and delivered a second effective shot.  The

animal remained insensible thereafter. The

stunning area was immediately rejected and I

placed a U.S. Retained tag #B26104118 on to the

knock box. Then informed plant foreman, Paul

Yoder, and  of the NR.

CLOSED

M8082 Kirby & Poe

Slaughterhous

e

EXA170

912450

5N-1

12/05/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS VIII - Stunning Effectiveness On December

5,2018, at approximately 8:30 am, while

performing the Humane Handling Task, I observed

an incident in which a single shot with a .357/.38

rifle using .38 caliber shells delivered to a large

market swine did not produce immediate

unconsciousness as required by 9 CFR

313.16(a)(1). The animal vocalized and remained

in an alternating standing and semi-standing

position, alert and eyes blinking. A second

gunshot was delivered as soon as possible from

the same rifle and effectively rendered the animal

unconscious. The stunning area was immediately

rejected with US Reject Tag B18 931300 and

Owner/Operator Kelly Poe was notified of the

humane handling noncompliance and corrective

action(s) were implemented.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 24

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF340

710061

0N-1

10/09/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII: Observation for Slips and Falls;

9CFR313.1(b), On October 9, 2018 at approx.

1300 hours, while performing humane handling

task (unloading of livestock) at Establishment

04271, I , observed the following

noncompliance. When I entered the pen area I

observed an employee attempt to lead a Steer to

the ramp which goes to the slaughter area. The

Steer slipped and fell in the buildup of fecal on the

floor. The Steer raised  to it's legs and the

employee lead it to the slaughter area. I

immediately notified the 

 of the noncompliance and rejected

pen# 5, the runway (to slaughter), by placing US

REJECT tag B37604674 on pen # 5. I inform

 that no livestock may be unloaded or

moved into the area with build up of fecal

(causing slippery conditions) at approx. 1305

hours. had the fecal build up

removed from pens 4, 5, 6 and the ramp leading

to the slaughter. He then put straw on the floor to

provide good footing for the livestock. He had me

reinspect the area at approx. 1325 hours. I

determined that the actions taken eliminated the

slippery condition and provided good footing. I

removed the tag and released all areas

rejected. Then, I  permitted unloading of livestock

from the trailer.

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 25

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF591

110291

2N-1

10/12/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV: Handling During Ante-Mortem

Inspection; 9CFR313.1, On 10/12/2018, at

approximately 0800 hours, while performing

ante-mortem inspection at Establishment #04271,

Greise Brothers Packing, I , observed

the following non-compliances.   Pen #7 had 10

cattle in the pen. Separating pen #7 from Pen# 5

there is a wooden door. The bottom of the door is

broken causing a jagged bottom that may cause

injury to the livestock. I also observed the back

wall has metal fencing, underneath the metal

fencing there is a metal rectangular structure

(approx. 18in X 12 in. X 1⁄2 thick) protruding inward

to the livestock, there are broken sections of

concrete block placed under the metal fencing

and railroad crossties (split along the side) placed

beneath the metal fence. These conditions may

injure livestock if their  head or leg would get into

this area.  The floor has water and mud covering

an area of approx. 4ft X 14ft. This condition may

lead to slipping and livestock falling. I took

immediate control action by having the 10 cattle

removed and  rejecting pen#7 by placing

tag # B37604675 on the entrance gate.  Mr.

Greise was notified of the noncompliance.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 26

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF560

611440

6N-1

11/06/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV: Handling During

Ante-Mortem ; 9CFR313.2 (e), On 11/6/2018, at

approximately 0735 hours, while performing

ante-mortem inspection at Establishment #04271,

Greise Brothers Packing, I , observed

the following non-compliances: Pen#7 had

approximately 140 lamb and goat in this pen. This

was too many livestock in this area to permit

access to water located in the corner of the pen or

to lie down. This does not comply with

9CFR313.2(e), which states , “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”.  I notified Mr. Greise

and of this

non-compliance with 9CFR313.2(e ).  I took

regulatory control action by placing a US Reject

tag (B37604646) to the entrance to the pens to

prevent any further livestock from being placed in

this area. Mr. Greise had the livestock moved to

other areas to prevent crowding. He had the pen

cleaned and bedding (hay) was  put on the floor of

the unloading area to pen #7 and  to the ramp to

the kill floor. I reinspected the area at approx.

0945 hours and found the area acceptable. The

tag was removed and the area was released.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 27

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF330

912401

0N-1

12/10/2018 04C02 Livestock

Humane

Handling

313.1 Category III: Water /Feed Availability;

9CFR313.2(e), On December 10, 2018 at

approximately 0730 hours, while performing

ante-mortem inspection at Establishment 04271,

Greise Brothers Packing, I, , observed

the following noncompliance. Pen #6 had 6 lamb

in the pen and no water in the container. I notified

immediately that the lambs in pen #6 have no

water. He immediately had the water container

filled with water. Category VII: Observation for

Slips and Falls; 9CFR313.1(b), On December 10,

2018 at approximately 0750 hours, during

ante-mortem Inspection, I observed the walkway

leading to the kill floor knock box was covered

with ice. There was ice from the knocking box

approx. 10 feet in length up the ramp, which

created an extremely slippery condition. I notified

 of this condition. He immediately

covered the entire ramp area with hay to provide

good footing for the livestock. (Note: No US Reject

tags were used. All corrective actions were taken

immediately and in my presence). This NR is

being linked to NR CZF5606114406 dated

11/6/18 (this previous NR has not yet been

answered by establishment management).

CLOSED

M6526 Blue Ridge

Meats of Front

Royal

QEM14

081204

12N-1

12/12/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0905 hours on 12/12/18,

 and  observed

the following non-compliance in the holding pen

area; Pen #5, which contained five lambs, had no

water available for the animals.  There was a

receptacle for water but it was empty.  

 was notified of this

non-compliance and corrective action was

implemented immediately.  IIC observed a plant

employee fill the water container at

approximately 0910 hours, restoring compliance. 

The above cited observation serves as evidence of

your establishment's failure to comply with 9CFR

313.2(e).

CLOSED

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

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 28

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7415+P7

415+V7415

HOFFMAN'S

QUALITY

MEATS

YUN460

711091

0N-1

11/10/2018 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability At

approximately 0630 hours while performing

livestock ante-mortem inspection verification task,

prior to the beginning of the day's slaughter

operation, I observed ten swine in small livestock

pen number five with no access to water.  The

animals were asleep and showed no outward

signs of stress.  I asked an employee in the

immediate area to supply water to the affected

animals and no regulatory control was taken.  I

informed , of

the establishment's failure to meet 9CFR

regulations.

CLOSED

M10800 Shriver Meats SBN410

812000

5N-1

12/04/2018 04C02 Livestock

Humane

Handling

313.15(a)(3) HATS Category VIII: Stunning Effectiveness; 9 CFR

313.15(a)(3), On December 4, 2018 at

approximately 0830 hours, the following

noncompliance was observed at establishment

10800M. , observed

an establishment employee attempt to stun a

steer with the .25 caliber hand-held captive bolt

stunner when it abruptly moved its head causing

an inadequate strike to the head, therefore not

rendering the animal unconscious. The

establishment employee immediately

administered a second captive bolt blow and was

effective in rendering the animal unconscious as

determined by its falling to the floor. Mr. David

Shriver, owner, was immediately notified of the

noncompliance and the failure to meet the

regulatory requirements of 9 CFR 313.15(a)(3).

Mr. Shriver, owner, is notified thru this

noncompliance report of the establishments

failure to meet the regulatory requirements of 9

CFR 313.15(a)(3) and that continued failure to

meet the regulatory requirements could result in

additional regulatory or administrative action as

described in 9 CFR 500.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 29

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH571

411410

3N-1

11/03/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category II-Truck Unloading On November

3, 2018 at approximately 0915 hours while

observing truck unloading observed

the following noncompliance.  Hogs were being

unloaded in both docks #5 and #7.  The hogs on

the trailer in dock #7 were vocalizing loudly

drawing attention.  Upon observing the

unloading process it was noted that the driver was

having a difficult time getting a hog to go up the

ramp from the bottom section in the nose of the

trailer in order to exit the trailer.  then

observed the driver open the man gate beside the

ramp that went to the top deck and drive the hog

off an approximate 3 foot deck from the nose

onto the hogs in the belly of the trailer.  The hog

went off the drop off nose first.  The hog did not

appear to be hurt and it did not fall to the bottom

of the trailer.  None of the hogs in the bottom of

the trailer appeared to be hurt.  

immediately took a regulatory control action and

asked the Tyson team member to shut the gate

and stop the unloading process.  The driver was

asked to exit the trailer to address the

noncompliance issue. 

 was summoned to the area by

 to discuss her observations.  Mr. Bounds

immediately summoned 

 to the area as well to address

the truck driver.  The driver was not allowed by

Tyson to finish the unloading process, rather the

remaining hogs were unloaded from the trailer by

a trained Tyson team member without incident. 

 was notified both verbally and in

writing with this NR of the establishment's failure

to comply with the regulatory requirements of 9

CFR 313.2.

CLOSED

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

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 30

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH481

611231

9N-1

11/19/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category VI - Electric Prod/Alternative

Object Use On November 19, 2018 at

approximately 1515 hours while

performing a humane handling verification task in

the CO2 stunning area observed the following

noncompliance.  Upon entering the CO2 room

 noted that there was an increase in the

amount of vocalization of the hogs being driven to

the for stunning.  After closer observation it

was observed that the Tyson team member who

was at the time operating the North was

striking the hogs with her flag in a forceful

manner.  The team member was repeatedly

raising her hand over her shoulder and then

striking the hogs with her flag in an effort to drive

the hogs forward in the alleyway leading to the

  The hogs were vocalizing in response but

then would move forward with no evidence of

apparent injury. immediately asked

the Tyson Management Support Operator

in the area to have her stop driving the hogs to

the North and then asked if he could

summon to the area. 

The team member did not initially stop driving the

hogs so then instructed her to stop

moving the hogs to the arrived

and went on to explain the

observation to him.  His immediate response was

that he would address the issue after he reviewed

the video footage.  At this time 

 was present so 

explained her observations to him and stated that

until the issue was adequately addressed with the

team member that they were to not drive hogs in

that alley way to stunning.  Immediately

 replaced the team member and operations

resumed as normal. and 

were both notified verbally and now in writing

with this NR of the establishment’s failure to

comply with the regulatory requirements of 9 CFR

313.2(a) and 9 CFR 313.2(b).

CLOSED

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

(b) (6)

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

(b) (6)

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 31

EstNbr EstName NR# Date Task TaskName Regs Description Status

M788 Aurora Packing

Company, Inc.

GLK511

012420

8N-1

12/08/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category: VIII Stunning Effectiveness On

12/08/2018 at approximately 1025 hours while

performing HATS: VIII Stunning Effectiveness at

the knock box, I, ,

observed a fat steer being stunned with a hand

held captive bolt gun.  The gun was positioned

correctly and fired.  I observed the bolt wound in

the steer’s head as it continued to have rhythmic

breathing, track with its eyes, normal blinking and

tried moving its head away from the

establishment employee.  The establishment

employee quickly reloaded the captive bolt gun,

placed it correctly on the animal’s head and fired

a second shot.  The steer was rendered

unconscious on the second shot. 

 was notified of

noncompliance 9 CFR 313.15(a)(1).  

replaced the ammo and I observed 20 additional

animals stunned with the hand held captive bolt

gun.  The animals were stunned effectively on the

first shot.  No similar noncompliances were

documented in the past 90 days.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 32

EstNbr EstName NR# Date Task TaskName Regs Description Status

M788 Aurora Packing

Company, Inc.

GLK161

012202

0N-1

12/20/2018 04C02 Livestock

Humane

Handling

313.2 I, was in my office at about

11:15Am, when came to my office.

He said that he wanted me to look at one head of

cattle which had been knocked and is on the

carcass rail. I immediately went to the kill floor in

the knocking area. The cattle was not found in or

near the knocking area. It was found near the hide

pulling area. It takes about 20 minutes for a

carcass to move from the knocking area to the

hide pulling area. The Company had no

explanation about not notifying FSIS personnel in

a timely manner. The subject cattle was a downer

or a non-ambulatory and should have been

condemned in the knocking area and should have

not been brought to the kill floor. It should have

been taken to any inedible area of the plant and

should have been sent to rendering after proper

denaturing.  According to the 9CFR 309.3(e), the

Establishment personnel must notify FSIS

personnel when cattle become non-ambulatory

disabled after passing ante-mortem inspection.

Non-ambulatory cattle shall be condemned and

disposed of in accordance with 9CFR309.13. Non

ambulatory disabled cattle are not allowed to

enter the slaughter establishment and must be

handled and killed humanely.

(b) (6)

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 33

EstNbr EstName NR# Date Task TaskName Regs Description Status

M788 Aurora Packing

Company, Inc.

GLK190

912412

1N-1

12/21/2018 04C02 Livestock

Humane

Handling

313.2 I was sitting in my office on

December 12th, when came to my

office and told me about the following incident.

He said that one head of cattle fell in the drive

alley near the knocking box. The other live cattle

were behind this downer animal. He panicked and

knocked the downer animal due to safety reasons.

I rushed to the kill floor immediately and found

the knocked cattle near the hide puller. It takes

about 20 minutes from the point where the

animal was knocked to the point where the

animal was found. The Company should have

informed the FSIS personnel immediately when

the animal fell in the drive alley. The Company

violated their own Humane Handling procedure

which states, "If cattle should drop prior to

entering the knocking box, the DVM residing shall

make the decision if the cattle is eligible for

condemning". The Company also violated the

following Regulations; The 9CFR 309.2(b) states,

"All seriously crippled animals and

non-ambulatory disabled livestock shall be

identified as U. S. suspects and disposed of as

provided in 311.1 of this subchapter unless they

are required to be classified as condemned under

309.3". The 9CFR.3(e) states, "Establishment

personnel must notify FSIS inspection personnel

when cattle become non-ambulatory disabled

after passing ante-mortem inspection.

Non-ambulatory disabled cattle that are offered

for slaughter must be condemned and disposed of

in accordance with 309.13". The 9CFR309.13(a)

states," Except as otherwise provided in this part,

livestock identified as U. S. condemned shall be

killed by the official establishment, if not already

dead. Such animals shall not be taken into the

official establishment to be slaughtered or

dressed; nor shall they be conveyed into any

department of the establishment used for edible

products. ; but they shall be disposed of in the

(b) (6)

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 34

EstNbr EstName NR# Date Task TaskName Regs Description Status

manner provided for condemned carcasses in part

314 of this subchapter."
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 35

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ572

210122

6N-1

10/26/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV Ante-mortem Inspection: The

following non-compliance was observed while

perform daily ante-mortem duties. At

approximately 1816 hours while performing

ante-inspection on a lot of market hogs in pen

911, I observed a 7 inch by 3 inch hole in the pen

floor metal gutter plate. The hole had sharp edges

around it and was directly over a drainage gutter.

This gutter runs along the East side of the pen and

serves as a drainage for fecal and waste water. I

did not observe any hogs with injuries while doing

ante-mortem inspection. I immediately informed

 of my findings and

informed him of the forthcoming non-compliance

record. After I ante-mortem inspected and passed

the lot, an establishment employee blocked the

hogs from having access to the damaged part of

the pen, and the hogs were driven immediately to

kill to prevent any possible injuries from stepping

in the hole. I then placed Reject Tag B37 081205

on the pen to prevent it from being utilized to

house any more hogs until repairs were made. 

Upon review of the establishment's Hog Pen

Checklist for pen 911 on 10/26/18, the pen was

initialed at 1522 hours by an establishment

employee as being inspected prior to loading this

lot of hogs into the pen. The first item on the

checklist is "Gutter Covers." According to the

check list under this item, employees are to

"check for proper placement & no bent, curled, or

sharp material." This finding is non-compliant

with 9 CRF 313.1(a) as "livestock pens, driveways,

and ramps shall be maintained in good repair.

They shall be free from sharp or protruding

objects which may, in the opinion of the

inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs on an animal may be injured shall be

repaired."

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 36

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ571

211181

5N-1

11/14/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category II – Truck Unloading On

11/14/2018 at 1235 hours, while performing

antemortem inspection in the barns during kill

operations, I observed a sharp object in a truck

unloading alley that was noncompliant with the

regulations. While walking through the “farmer’s

unloading alley” next to the west local pen (the

western most unloading chute), I observed a

metal gate with rust and corrosion.  This alley is

where hogs are unloaded from trailers upon

arrival.  Hogs walk through this alleyway during

unloading and occasionally are staged there for a

short time before being moved to other areas of

the barn. The gate with corrosion was in the

middle of this unloading alleyway where it can be

“closed” to split the unloading alley into different

sections.  I observed the gate in the “open”

position (gate parallel to the wall, leaving the

unloading alley unimpeded) with the sharp rusted

areas exposed to where animals would walk and

rest. The frame of the gate is made of hollow

metal piping that is approximately 3 inches in

diameter.  The 2 metal pipes that were closest and

parallel to the ground contained rust and

corrosion which left sharp edges.  The 2 corroded

areas on the bottom 2 pipes left an approximately

3 x 4 inch rusted defect and a 1 x 4 inch rusted

defect, each with sharp corroded edges.  These

pipes are parallel to the ground and are within 6

inches of the ground.  The sharp edges could have

caused lacerations on the hogs’ lower legs or on

other portions of their body if laying down and

resting against the gate.  The establishment had

not restricted use of this alleyway.  During my

observation, there were no pigs in the alley. 

However, I observed hogs in this unloading alley

earlier in the day.  During my noncompliance

finding, I observed a trailer backing into the

unloading chute, indicating that this alley was

going to be used again.  I rejected access to the

alleyway by applying US Reject tags B37081209

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 37

EstNbr EstName NR# Date Task TaskName Regs Description Status

and B37081210 on the alley’s northern and

southern gates. I informed 

 and that I would be

issuing a noncompliance report.  At approximately

1430 hours I returned to the barn and observed

that a plastic panel was put in place to cover the

sharp surfaces.  I removed my reject tags and

released the alleyway for use. This is

noncompliant with 9 CFR 313.1(a) as livestock

pens and driveways shall be maintained in good

repair and shall be free from sharp objects which

may cause injury or pain to the animals.

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 38

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ081

612312

8N-1

12/28/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV – Ante-mortem Inspection On

12/28/2018 at 0900 hours while performing the

livestock humane handling task I observed a gate

in poor repair with sharp edges. I was standing

on the east side of pen 301 performing

ante-mortem inspection on the hogs in the pen.  I

the observed that the frame on the pen was

broken.  The pen’s frame is hollow metal pipe that

is approximately 2 inches in diameter.  The

bottom right corner of the pen was broken at the

point where the horizontal pipe frame meets the

vertical pipe frame.  This left a sharp, rusty edge

circumferentially along the 2 inch broken,

exposed surface of the horizontal pipe.  I

initiated a regulatory control action and placed US

Reject Tag B37081207 on the east gate of the pen,

preventing more hogs from being put in the pen.  I

informed that I would

issuing a noncompliance record.   had

the pen of hogs emptied immediately and stated

that they would fix it. When I returned at

approximately 1045 hours I observed the repairs

that were made to the pen and deemed them

acceptable.  The 2 parts of the metal frame were

welded together, and electrical tape was placed

around them to ensure no exposure of any metal. 

I removed my reject tag and allowed the

establishment to resume use of the pen. This is

noncompliant with 9 CFR 313.1(a) as livestock

pens shall be maintained in good repair and be

free from sharp objects which may cause injury to

the animals.  This NR is being associated with a

similar NR from 11/14/2018 that also had a

rusted, sharp portion of a metal gate exposed to

hogs in the pen (WLJ5712111815N-1)

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 39

EstNbr EstName NR# Date Task TaskName Regs Description Status

M253 Long Prairie

Packing

Company, LLC

AGL050

811461

7N-1

11/17/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 11/17/2018 at 07:08 hours while performing

HATS Task Category VIII- stunning effectiveness at

the stunning restrainer in Zone 1 I observed the

following non-compliance:  The restrainer was

stopped, I observed two animals wedged side by

side at the beginning of the belly chain.  A small

black Angus cow and a larger Hereford cow.  The

Angus cow was ahead of the Hereford cow and

appeared to be on the belt correctly with the

Hereford cows head at her shoulder.  I was unable

to tell if the Hereford cow was also on the belt

correctly, neither animal was struggling nor did

they appear distressed.  The establishment

employee went to stun the Angus cow with a

hand held captive bolt.  The employee placed the

captive bolt gun on the cow’s forehead and I

witnessed the flash and heard the sound from the

discharge of the captive bolt gun.  The cow

remained conscious after jerking her head away

from the discharge of the captive bolt gun.  She

did not vocalize but did struggle her way out of

the restrainer.  She inch wormed her way along

the belly belt onto the conveyor belt below the

restrainer, and slipped around on the belt. After

regaining her footing on the conveyor belt she

jumped the approximately 1.5 feet down to the

floor of the the blood pit, below the restrainer,

and was walking around freely in the

approximately 12 foot by 12 foot area. While the

animal was free in the blood pit, I did not see any

evidence of a wound or blood on the cows head

from the captive bolt stun attempt, or the rest of

her body from the restrainer.  After a delay due to

the location of the animal the cow was

successfully stunned on the second attempt with

a hand held captive bolt device and the

establishment applied a security stun after

checking for signs of consciousness.  Regulatory

control action was taken and a U.S. reject tag,

number B41501572, was placed on the

restrainer.   I informed the Plant Manager Mr. Lyle

OPEN
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 40

EstNbr EstName NR# Date Task TaskName Regs Description Status

Meyer and 

 of the forthcoming noncompliance

record for the failure to meet regulation 9 CFR

313.15(a)(1).  The initial attempt was discussed

with , Mr. Meyer and 

 and verbal

preventative measures were provided. After verbal

preventive measures were provided I relinquished

the regulatory control action as the establishment

was in compliance.   I later viewed the head of the

dead cow to verify that 2 captive bolt holes were

present on the forehead from 2 stun attempts,

both of these holes overlapped making one larger

hole.  Just to the cow’s left of the previously

mentioned wound on the forehead there was a

circular indent in the skull that was 7/16 of an

inch in diameter indicating where a third stun

attempt was applied.

(b) (6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 41

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2439+P2

439+V2439

Ranchland

Packing Co.

WHN00

151122

05N-1

11/05/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Category VIII Stunning Effectiveness: On

11/05/18 at approximately  1334  hours 

; ,  observed

plant employee, attempt to

knock a hog with the captive bolt pistol while he

was on the other side of the knock box. After

 and heard the captive

bolt pistol discharge, noticed the hog

vocalizing as it stood. This was noted by 

 and within 10 seconds he reloaded  the

captive bolt pistol and knocked the hog a second

time rendering it unconscious. An exam of the

swine’s head revealed the first knock was too far

forward. An immediate regulatory control action

was taken with the placing of US Rejected tag

number B18 9437720 to the knocking box. The

hog was not immediately rendered unconscious

on the first stunning attempt, which is a

non-compliance with 9 CFR 313.15(a)(1). Also, this

is a noncompliance with 9 CFR 313.15(b)(1)(iv) the

failure to render the hog unconscious was due to

an inexperienced stunner. Plant manager, Justin

Fisher was notified of this noncompliance at the

time of observation, and again in writing with the

issuance of this noncompliance record.

CLOSED

M2439+P2

439+V2439

Ranchland

Packing Co.

WHN03

081235

10N-1

12/10/2018 04C02 Livestock

Humane

Handling

313.2 Category III Water and Feed Availability On

December 10, 2018 at approximately 0615 hours,

I, observed a frozen water

tank in pen 3. Water was not available to 7 head

of cattle. This is in violation of 9 CFR 313.2(e)

which states, animals shall have access to water in

all holding pens. The designated 

, was nearby and I

notified him of the noncompliance at the time of

the observation. The immediate corrective action

was to replace the water tank heater and break

the ice exposing the water beneath. Plant

manager, Justin Fisher, was notified in writing

with the issuance of this noncompliance record.

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 FOIA2019-143 10:47 Wednesday, March 20, 2019 42

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2460+P2

460

Cimpl's, Inc. PMB23

171057

22N-1

10/22/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

At 16:57, while performing the directed

verification plan HATS activity, category VIII

stunning effectiveness, at establishment M2460, I

, observed the

following humane handling noncompliance with

HATS category VI electric prod and implement

use: An approximately 900# black Angus cow was

being directed towards the restraining knock box

via a hydraulic manually operated push gate.  The

cow did not move forward voluntarily, placing its

front hooves in a locked position and its head in a

lowered stance.  The push gate operator, unaware

of the cow's resistance, continued to advance the

push gate, causing the cow's hind end to lift off of

the ground.  The cow then tumbled forward into

the knock box entrance.  It righted itself

immediately, now facing the opposite direction of

forward moving cows, and continued running

back towards the alley from where it came from. I

asked for

and explained my observations to him

and notified him that a noncompliance record

would follow.  

 placed US Reject Tag #B38161805 on the

hydraulic controls for the knock box, suspending

operations until appropriate written corrective

actions were accepted by the Des Moines District

Office. This is a noncompliance of 9CFR313.2(a)

handling of livestock and 9CFR313.15(a)(2) driving

animals with a minimal amount of excitement.

CLOSED

(b) (6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 43

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8979+P8

979

New Geneva

Meats &

Processing Inc.

BAM11

151151

15N-1

11/15/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water and Feed Availability (9

CFR 313.2).  At approximately 1255 hours, while

entering the holding pens to observe generally the

conditions of the livestock, I noted the following

non-compliance:  I observed that the 9 hogs being

held in the back were divided into three separate

holding pens.  Upon further investigation, I noted

that only one group, containing 3 hogs, had

access to a water pan.  The remaining 6 in the

other two holding pens did not.  I checked the

water nipples to verify if they were dispensing

water, but they were not turned on.  I then

determined that the remaining two pens

containing a total of 6 hogs did not have access to

water for nearly an hour and a half, as I had

previously watched them be unloaded at

approximately 1130 hours.  I notified a kill-floor

attendant who took immediate corrective action. 

I then informed 

, that I will be documenting my findings

in a non-compliance record.

CLOSED

M18632+P

18632+V18

632

Hudson Meats

&and Sausage,

Inc.

TFO281

410251

2N-1

10/12/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 1400 hours the following

non-compliance was observed: In the livestock

holding area of the barn about three foot up from

the floor there were 2 broken planks on the east

wall by the south alleyway gate. One of the

broken planks was sticking out into the alleyway

where it could be run into by passing beef. This

was observed at the end of the day and no beef

were present in the barn. I notified 

 of the situation

 acknowledged the situation and the

possibility for injury to beef. He also stated that

the condition would be repaired by Monday

(10-15-18).

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 44

EstNbr EstName NR# Date Task TaskName Regs Description Status

M86M Cargill Meat

Solutions

PAI241

410390

3N-1

10/03/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

At approximately 1130 while performing HATS

task VIII stunning effectiveness, a steer climbed

out of the restrainer.  A supervisor arrived with a

riffle and fired a shot at the head.  The animal

turned around in place. There was no vocalization

or physical signs to indicate the animal had been

shot.  The supervisor immediately reloaded the

gun, fired another shot, and rendered the animal

unconscious.  Upon examination of the head,

there were two bullet holes in the skull.  This is in

non-compliance of 313.15(a)(1).  Preventative

measures are to 1) retrain employees and

management on procedures for loose animals, 2)

replace shells every 6 months, 3) look into

designing an alleyway in which a loose animal can

return to the restrainer to be stunned.

CLOSED

M86M Cargill Meat

Solutions

PAI361

910571

0N-1

10/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 3:28 PM while performing the

HAT task for Stunning Effectiveness, I observed a

heifer in the restrainer knocked in the poll on the

head. This did not render the animal unconscious.

The company employee immediately knocked the

heifer in the proper location rendering the animal

unconscious and a third safety knock was then

applied. I took regulatory control action and

halted production, then notified 

 who called 

. I informed him of what I observed and told

him I would document the incident in a

noncompliance report. The head in question was

located and I placed US RETAIN TAG #B20590751

on it. Upon observation of the head 

and I verified one knock hole in the top of poll and

two knock holes in the forehead. 

 was also notified of the

incident. Preventative measures are to (1)retrain

all qualified employees for the knocking position

on the proper operation sequence of the knocking

gun, (2) have a supervisor or trained designee

document a 50 head knocking audit once per

production period on proper gun operation.

CLOSED

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 45

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD400

710512

4N-1

10/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On October 23, 2018 at approximately 1041

hours, while performing HATS task Category VIII,

Stunning Effectiveness in the barn, I, 

, observed the following noncompliance: A

hog was lying in right lateral recumbency along

the wall in the truck unloading area across from

local chute 2. Two team members and 

 had the animal restrained with a

metal U-board with the head exposed. The first

team member stood inside the U-board next to

the wall and the second team member stood

across from him, along the wall outside of the

U-board. The first team member placed the

loaded hand-held captive bolt gun against the

hog’s forehead and attempted to stun the hog.

The gun fired with a muffled, soft pop sound. As

the team member pulled the captive bolt gun

from the skull, the hog’s head moved inside of the

U-board.  I clearly heard 3-4 weak squeals from

the hog as directed that the hog be

shot again.  The sensibility test normally

performed was not done due to the urgency of

the request for a second shot.  The hog was still in

lateral recumbency when the second team

member grabbed the head from inside the

U-board and immediately delivered an effective

stun to the hog. The unconscious hog then

stiffened and began reflexive kicking. I informed

 that I heard multiple vocalizations

from the hog after the ineffective first stun

attempt and that an NR would be documented. 

 expressed to me that he thought

the first gun had not fired properly due to the

muffled sound and showed me the shell from the

first shot. He mentioned that the shell was not

completely opened compared to others shots

when the shell is completely blown wide open.

Captive bolt gun #12 was taken out of service. 

When looking at the head, it appeared there was

one captive bolt gun wound but removing the

skin, one wound was placed directly in the middle

CLOSED

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

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 46

EstNbr EstName NR# Date Task TaskName Regs Description Status

of the skull and a second wound was 1⁄4” rostral

and 1⁄4” closer to the animal’s right eye. When

probed, the caudal dropped straight into the

cranial portion of the cranium and the rostral

wound went back into contact the caudal wall of

the frontal sinus. On sagittal section, it confirmed

the caudal shot entered the cranium and the path

of the rostral wound was in the caudal portion of

the frontal sinus but difficult to interpret its

complete path due to numerous bone fragments.

We are not able to determine which wound was

caused by which shot. The establishment failed

to meet the regulatory requirement of 9 CFR

313.15(a)(1) which requires rendering an animal

immediately unconscious on the first application

of stunning.
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 47

EstNbr EstName NR# Date Task TaskName Regs Description Status

M717CR+P

717CR

Smithfield

Fresh Meats

Corp.

RZG311

111440

8N-1

11/08/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category 9 CFR 313.2(c)Handling of

livestock At approximately 0645 hours, while

performing ante mortem inspection, I proceeded

to the slow pen to inspect fatigued market hogs.

, just brought

in one market hog with a skid loader that became

fatigued during the drive to the kill alley. When I

examined the hog, I noticed the animal had a

fresh cut on its left hind leg, proximal to the

metatarsal and it was actively bleeding. I

immediately called ,

and showed him the injured hog. I told him I

would like to examine the skid loader that was

used on this hog. and I went where the skid

loader was parked. Upon closer observation, the

skid loader bucket edge was razor sharp and there

were spots of blood present on the sharp edges. I

asked if he noticed anything and he said the

animal came out of the bucket but he didn’t

notice the injury.  I told and that the

skid loader bucket has the potential to cause

injury and unnecessary pain to animals and I will

be issuing a noncompliance report. 

said as a corrective action, the skid loader is being

removed from the service immediately and will

not be used until it is repaired. No U.S. Reject tag

was applied because the skid loader was

immediately taken to the maintenance shop for

repair.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 48

EstNbr EstName NR# Date Task TaskName Regs Description Status

M889A+V8

89

J.F. O'Neill

Packing Co.

Inc.

DSC220

811482

3N-1

11/23/2018 04C02 Livestock

Humane

Handling

313.2 Category VII Slips and Falls, III Water and Feed

Availability Shortly before 0740 while performing

HATS Category VII, I observed four cattle locked in

the alley from the crowd pen to the knock box. 

Water is not provided in this pen.  The cattle were

in line to be slaughtered.  At that time the

slaughter side of the establishment had stopped

operations for company break.  I made note of the

tag numbers of those animals in the alley.  Later I

returned to discover two of the four animals were

still being held in the pen.  As the establishment

was on break, this alley is now considered a

holding pen.  I informed a barn employee that the

animals needed access to water, and he backed

them out of the alley into the crowd pen where

water is available; therefore no U.S. Retain tag

was applied.  I told 

that I would be writing a noncompliance for water

inaccessibility. This noncompliance record is

associated with MOI #DSC3508105102G

documented on 10/2/2018 for same root cause.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 49

EstNbr EstName NR# Date Task TaskName Regs Description Status

M208A National Beef

Packing Co.,

L.L.C.

LLG441

411102

3N-1

11/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On November 23, 2018, at approximately 06:50

hours, while observing stunning effectiveness

under HATS Category VIII, the following

non-compliances were observed: I observed an

establishment employee attempt to stun an

animal in the restrainer using a captive bolt.  The

first attempt was ineffective in rendering the

animal insensible.  Right before the employee

made the attempt, the animal moved its head

down, I heard the device discharge, and observed

a bleeding hole in the head approximately 2.75

inches up and 1.5 inches right of where the

placement should have been placed.  Immediately

the animal swayed his head and was tracking the

employees.  The employee immediately delivered

a second stun with the same device and I

observed the head of the animal drop down in a

state of complete unconsciousness.  I informed

who observed the incident, that a non-compliance

record would be issued.  A few moments later, I

verified that the animal remained unconscious

while in the stack.  I was afforded the opportunity

to observe the head after it had been through the

system, at an offline location, and the initial hole

in the head was consistent with my observations

in the knock box. The establishment is

non-compliant with 9 CRF 313.15(a) (1) and

313.15(a) (3) for failure to render the animal

unconscious and remain unconscious.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 50

EstNbr EstName NR# Date Task TaskName Regs Description Status

M320M+V

320

Smithfield

Fresh Meats

Corp.

VWK11

141203

10N-1

12/10/2018 04C02 Livestock

Humane

Handling

313.2 HATS TASK CATEGORY I TRUCK UNLOADING On

12/10/18 at approximately 1200 hours while

performing review and observation of HATS Task I

Truck Unloading, I observed the following

noncompliance.  A truck driver unloading on the

East bay of the South barn was observed to strike

a hog twice on the right side of the face in an

attempt to turn the hog to the exit ramp. The hog

was sitting down and facing away from the exit

ramp and had not responded to being struck with

the paddle on the back. I notified the plant

employee assisting with tattooing the hogs as

they came off the truck, who immediately entered

the truck to assist with unloading and to monitor

handling. I then notified 

, that I would be issuing this

NR. This is a noncompliance with 9 CFR 313.2(a),

which states that 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 animal.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 51

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5798+P5

798+V5798

Williams

Brothers Meat

Co.

FVM27

111019

29N-1

10/29/2018 04C02 Livestock

Humane

Handling

At approximately 10:00am was

observing the slaughter of large swine at Est.

5798.  Because of the large size Owner Steve

Williams decided to use a .22 magnum which had

previously worked on 7 large swine with no

incidents during the same day.  After the first shot

on the 8th swine the animal did not go down and

was confirmed still standing by and

.  Immediately after

confirmation of the unsuccessful first shot Owner

Steve Williams Retrieved a larger caliber pistol

(.38 Special) and made a second shot on the

animal which put the animal down.  

confirmed after the second shot that the animal

was completely down and unresponsive to

stimulation. did not observe regular

breathing, but reflective breathing/gasping was

still heard but quickly stopped after a captive bolt

knock was used. The Establishment is in

non-compliance of 9 CFR 313.16(a)(1) and

313.16(b)(1)(I).  Steve Williams was immediately

notified about this noncompliance verbally and in

writing with this NR.  After reviewing records for

the last 90 days no similar incident has occurred.

(b) (6)

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 52

EstNbr EstName NR# Date Task TaskName Regs Description Status

M337+V33

7

STX Beef

Company

UNG35

101008

09N-1

10/09/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(i),

313.15(b)(1)

(iii)

At approximately 10:15 the following non

compliances were observed. Plant QC personnel

informed plant , that an animal

had escaped from the knocking box and had to be

rendered unconscious using a rifle. After I was

informed of the problem I went to the knocking

box to perform Humane Handling Task Stunning

Effectiveness, at which time I observed the

knocking box operator use a hand held knocking

gun on an animal, the gun did not discharge. I

observed the knocker use the pneumatic gun

successfully and go to the next animal. Again he

tried to use the hand held device, the device did

not fire. The pneumatic gun was used at this time

rendering the animal unconscious. At this time I

stopped the kill to have the hand held device

tested and see why it was not working. A second

hand held device was not available. According to

the plants Humane Handling Systematic Approach

Plan,

. 

, was present and was

advised of the noncompliance. This is a failure to

comply with 9 CFR 313.15 b)1) iii) and 313.15 b)

1) I).

OPEN

M337+V33

7

STX Beef

Company

UNG08

131001

19N-1

10/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 10:10 the following

noncompliance was observed while performing

Humane Handling Task, Category 8 Stunning

Effectiveness. While observing the knocking box

operator I noted that he used a hand held

knocking gun on an animal in the proper area, the

gun fired and penetrated the animals head,

however the animal was not rendered

unconscious. The animal was noted having its

head up and being aware of its surroundings,

there was no vocalization noted. The knocking box

operator immediately applied a second gun and

effectively knocked the animal unconscious

, was present

and was advised of the noncompliance. This is a

failure to comply with 9 CFR 313.15 a) 1).

OPEN

(b) (6)

(b) (4) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 53

EstNbr EstName NR# Date Task TaskName Regs Description Status

M337+V33

7

STX Beef

Company

UNG51

161046

24N-1

10/24/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii)

At approximately 1535 while performing Humane

Handling Ante Mortem inspection task, HATS

category 4, the following noncompliance was

observed. , was advised

that an animal had escaped from the knocking

box. On arrival, I confirmed that a Heifer was

walking about the floor of the knocking area.

 was called,

and on arrival rendered the animal unconscious

using a rifle. The animal was unconscious with one

shot. was advised of the noncompliance.

A similar incident was recorded on 10-09-2018.

NR UNG3510100809N noted an animal escaping

from the knocking box onto the knocking box area

floor and having to be rendered unconscious using

a rifle. This is a failure to comply with 9 CFR

313.15 b) 1) iii).

OPEN

M337+V33

7

STX Beef

Company

UNG06

131215

11N-1

12/11/2018 04C02 Livestock

Humane

Handling

313.1 Today 12/11/2018 @ 7:30 am anti-mortem

inspection was done by 4031

. He found copious amount of

blood in Pen #9 and report the said incident to the

IIC. The IIC conducted a visual inspection of the

Pen #9 and was able to pinpoint the cause of the

tail injury. It was cause by a rusted fence pipe with

a hole that could cut the tail with the sharp edges

of the hole. A picture of the rusted pipe with the

hole was taken for documentation. At 12:00 pm

another cattle was injured as evidence by the

copious amount of blood on the wall and floor

leading to the carrousel.

OPEN

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 54

EstNbr EstName NR# Date Task TaskName Regs Description Status

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI371

310311

8N-1

10/18/2018 04C02 Livestock

Humane

Handling

313.15(a)(2) On 10/18/18 at approximately 1320 hours while

observing a group of calves in motion for

antemortem inspection, I then observed the Halal

blesser driving the animals to the knock box.  The

lead calf turned around in the runway and ran

into two calves, knocking them down and running

over the top of them.  They became wedged in the

runway and were unable to rise.  I immediately

notified Kelsey Lloyd, plant manager, of the

situation and immediately showed her the

downed calves.  I told her I would be writing an

NR and tagging the knock box.  I applied US Reject

tag # B36297669 to the knock box and stopped

the slaughter.  Since the plant has a robust

systematic approach to humane handling

program, I advised Ms. Lloyd that I would remove

the tag from the knock box and allow them to

resume slaughter as soon as they give me an

acceptable corrective action.  The above incident

is in violation of 9CFR 313.15(a)(2). Animals must

be driven with a minimum of excitement and not

allowed to suffer unnecessarily.

CLOSED

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI301

211543

0N-1

11/30/2018 04C02 Livestock

Humane

Handling

313.2 On 11/30/18 at approximately 1215 hours while

checking the holding pens for cattle, I encounter

the following NR:  cattle in all 3 covered holding

pens do not have access to feed; cattle in the

lower pens do not have access to feed or water. 

There is one water container with a small amount

of water in the bottom which is not sufficient for

the number of cattle in this area.  Cattle are

required to have access to water at all times and

to feed after 24 hours.  I informed Kelsey  Lloyd of

my findings and told her I would be writing an

NR.  There was a similar NR written on 8/15

addressing this same issue.  Ms. Lloyd

immediately had maintenance bring rolls of feed

to the cattle. There is a water leak which is being

addressed at this time.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 55

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7455+P7

455+V7455

Williams

Sausage Co Inc

UQD59

111245

28N-1

12/28/2018 04C02 Livestock

Humane

Handling

313.30(a)(4) At approximately 1000 hours on 12/28/18 while

working the slaughter line position, I observed

several company employees gathering around the

corner from my location looking toward the

incline slaughter line.  I did not leave the

inspection station as the line had stopped several

times earlier in the morning.  At 1008 hours,

 entered

the kill floor area and informed me that he

wanted to stun the animal (hog).  I followed

 to the area where the conscious animal

was hanging.  

observed one (1) live conscious and alert hog

shackled and hanging with no cuts made

 immediately stunned the hanging hog

with a captive bolt which then rendered

unconscious at 1010 hours.  I noticed that 12

more hogs had been effectively stunned after the

aforementioned was shackled. I immediately

notified of my observations and

he intern notified the Jackson District Office. The

knock-box was tagged with U.S. Rejected

Tag # B26013910 at that time. After phone

conversation with Jackson District Office, in-plant

inspection staff and M7455 management, it

was determined that this would be a

noncompliance. At 1140 hours, 

removed U.S. Reject Tag from the knock-box.

CLOSED

M8327+V8

327

Southeastern

Provision LLC

UOF450

811300

5N-1

11/04/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III - Water and Feed Availability.  At

approximately 7:30 AM while performing an

odd-hour humane handling inspection at

Southeastern Provision in Bean Station, TN, SPHV

Wayne Reid observed 3 cows separated in the

round pen that did not have access to food or

water.  This is a noncompliance according to 9

CFR 313.2(e) Animals shall have access to water in

all holding pens and, if held longer than 24 hours,

access to feed. Bill Gilger (Plant Manager) was

notified of the noncompliance and corrective

action was immediately taken by the plant to

provide access to water and feed for all cattle.

OPEN

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

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 56

EstNbr EstName NR# Date Task TaskName Regs Description Status

M86R Cargill Meat

Solutions

EHN371

912572

8N-1

12/28/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATs Category: Category VIII – Stunning

Effectiveness  On December 28, 2018 at

approximately 1710 while performing a

scheduled Livestock Humane Handling task per

FSIS Directive 6900.2, 

observed the following noncompliance: After an

initial unsuccessful attempt to render an animal

unconscious with a single blow to the head from a

pneumatic captive bolt stunning device, the

animal panicked and attempted to crawl over the

successfully stunned animal in front of it,

throwing its head to the left before a second

successful stunning attempt could be performed. 

This is noncompliant with regulation 9 CFR

313.15(a)(1). Upon review of records for the last

90 days there were no noncompliance records for

the same root cause. This NR is not being

associated.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 57

EstNbr EstName NR# Date Task TaskName Regs Description Status

M267 JBS Tolleson

Inc.

ECD131

611062

0N-1

11/19/2018 04C02 Livestock

Humane

Handling

313.1 On November 19, 2018 at approximately 0600 hrs

the following regulatory non-compliance was

noted by while

performing Ante Mortem Livestock Inspection.   

All of the drains located in the south alleyway of

the cattle yard were backed up with manure and

mud. The backed-up material resulted in an

accumulation of the muck that was as high as 6 to

8 inches in depth extending out from the alleyway

to several of the adjacent animal holding pens. 

Animals were transported and moved through the

backed up alleyways and across the backed up

drains.  took regulatory control by

placing US Reject Tags B36800738 and

B42257913 on the south side pens (pens 20-38)

and alleyway due to the excessive buildup of

manure and mud. These conditions also created

an environment for potential slips and falls. These

findings were immediately shown to 

 who was

informed that a non-compliance record (NR)

would be issued for the finding.  She then

arranged for the cattle located in the dirty pens to

be moved to the relatively unaffected north side

pens. This finding represents non-compliance

with 9 CFR 313.1(a) which states that “livestock

pens, driveways and ramps shall be maintained in

good repair.” The establishment also failed to

meet the requirements of 9 CFR 416.2(e)(2) with

the finding of the backed-up drains. As a result of

the conditions caused by the drainage backup,

cattle were being brought into the plant with

significant additional contamination on their feet

and shanks which potentially could impact the

establishment’s food safety program.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 58

EstNbr EstName NR# Date Task TaskName Regs Description Status

M322+V32

2

Double J Meat

Packing, Inc.

QOE48

161223

31N-1

12/31/2018 04C02 Livestock

Humane

Handling

313.2 ON December 31, 20018 while performing

Ante-mortem inspection activities on cattle, 

 observed the following noncompliance. 

Pens 12 and 13 share an automatic water tank

and there was no water in the tank as of 710am.  

Pens 12 and 13 did have cattle in the pens; there

fore, the cattle did not have access to water I got

the attention of the Supervisor ( who refers to him

self as I ask him to check the water tank in

question, open the alley and he confirmed

that there was no water.  I saw a small amount of

frozen ice about 1inch thick across the bottom of

the tank immediate corrective action was

to de ice the water tank with hot water, he

proceeded to cleaned out the tank and place fresh

water in the tank. I also inquired at what time the

cattle arrived did not know the time, so he

went to ask.  Approximately 30 minutes later

informed me that the cattle arrived the

night before around 8p.m also assured me

that the cattle had accessed to water upon

arrival , however the water tank froze up

sometime during the night. I then notified

that I would be issuing a noncompliance.  Double

J Inc. is in noncompliance with CFR 313.2 (e)

Handling of livestock, which states:      " Animals

shall have access to water in all holding pens and,

if held longer that 24 hours, access to feed. There

shall be sufficient room in the holding pen for

animals held overnight to lie down." There are no

other NR's within the last 90 days to be associated

with this noncompliance.

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6)(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 59

EstNbr EstName NR# Date Task TaskName Regs Description Status

M969+V96

9

Swift Beef

Company

UOA09

221121

24N-1

11/24/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

“HATS Category VIII – Stunning Effectiveness;

HATS Category IX – Consciousness on the Rail On

11/24/2018 at approximately 1740, I observed

the following noncompliance: An employee, 

, attempted to stun a bovine using a

pneumatic captive bolt device but the bolt did not

discharge from the device. After the first attempt,

the animal remained conscious, so the stunner

released the pneumatic captive bolt and grabbed

a hand-held captive bolt device, loaded it, and

attempted a second stun.  The device did not fire,

so the stunner loaded another hand-held captive

bolt device and applied a stun attempt which

contacted the head. The stunner released the

animal from the restrainer onto a conveyor belt. I

observed the animal was still conscious as the

animal was attempting to right itself, lift its head

up, and the eyes were tracking. I immediately

instructed the employee to stop the conveyor. The

employee stopped the conveyor, went down to

the animal, and applied a final stun attempt with

a hand-held captive bolt which rendered the

animal unconscious. Upon observation of the

head, two stunning attempts were confirmed to

contact the head. I informed the employee 

 that animals must be

rendered unconscious on the first stunning

attempt and this was a noncompliance with 9 CFR

313.15(a)(1). Slaughter was stopped and the

Denver District Office was contacted through

supervisory channels for further instruction.  The

establishment's immediate corrective actions

were to replace the pneumatic captive bolt and

the two hand-held captive bolt devices. They

performed several test fires with the replacement

pneumatic captive bolt to insure it was

functioning properly. The stunner, , was

also replaced for the remainder of the night's

operations. At approximately 1930, 

 and 

 were informed that a

CLOSED

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 60

EstNbr EstName NR# Date Task TaskName Regs Description Status

non-compliance record would be issued for the

incident and slaughter operations could resume.

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC1807

114320

N-1

11/20/2018 04C02 Livestock

Humane

Handling

313.2 Category III: Water and Feed Availability 

Category I: Adequate Measures for Inclement

Weather On 11/20/18 at approximately 0540

hours I, , observed the

following noncompliance while performing a

routine ‘Livestock Humane Handling’ inspection

task in the livestock yard. There were cattle in a

small holding pen south of the truck unloading

ramp, the only water trough available to this pen

had a layer of ice covering the water, preventing

access. I verbally notified 

 of this noncompliance.  I observed, with

, break up

the ice to provide cattle with access, no U.S.

Retain tags were necessary. A review of recent

noncompliances revealed none issued for the

same cause.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 61

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC3214

115130

N-1

11/30/2018 04C02 Livestock

Humane

Handling

313.1 Category IV Ante-Mortem Inspection On

11/30/2018 at approximately 0825 hours 

 observed the following

non-compliance while performing a routine

“Livestock Humane Handling” task in the livestock

pens. On the south end of the cattle holding pen

located on the farthest east side of the

establishment premises, a Holstein cow had been

removed from the pen by establishment

personnel to be segregated from the other

ambulatory cattle. This area is in between the

south fence of the pen and the stacks of hay bales

used to feed cattle.   I observed the area

surrounding the cow and saw a greenish steel

fence gate, approximately 8’ long by 4’ wide, lying

flat on the ground partially under the cow, as I

looked further the green gate had a 6-8” long, 2”

thick bar that had been cut protruding out from

the hay laid on the ground next to the cow. I also

observed, protruding from the bottom of the pen

fencing, a steel pipe approximately 4” in diameter

and 3’ long, this pipe also had a small piece of

steel sticking out on the cut end of it that was

approximately 1” by 1”, the end of this pipe was

laying against the cow’s front shank. The issue of

old fence posts and other debris surrounding the

livestock pens was initially addressed in a weekly

meeting on 7/1/2017 MOI # IYC5212074801E.  It

was also discussed recently on 11/17/2018,

MOI # IYC4215113417E. 

 was immediately informed of the

noncompliance, and the cow was euthanized

humanely by captive bolt. A review of recent

noncompliances revealed none issued for the

same cause.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 62

EstNbr EstName NR# Date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ440

210160

2N-1

10/01/2018 04C02 Livestock

Humane

Handling

313.2 On 10/1/18 at approximately 0810 hours during

my humane handling verification, I observed that

pen 12 with approximately 80 roasters had no

access to water.  The waterer was empty.  This is a

violation to HATS Category III, water and food

availability. I called to show her the

empty waterer.  We went back to the USDA

Office.  At about 0830 hours, I informed 

 that pen #12 had an empty waterer and

that pigs have no access to water.  She said that

she will go and check immediately.  At about

0840 hours, I informed Ping Lau that pen #12 had

no water available for pigs.  Both Ping Lau and I

went to check the pen.  At this time, the waterer

had been filled with water and about 3 pigs were

observed drinking the water.  I informed Mr. Lau

that I had informed earlier and she

had come and checked it.  I also informed him

that a non-compliance will be issued.  This is a

violation to 9 CFR 313.2(e). This NR is linked to

FBJ1706074630N issued on 7/30/18 and

FBJ2813071717N issued on 7/17/18.  These NRs

both documented pigs with no access to water.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 63

EstNbr EstName NR# Date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ480

610082

9N-1

10/29/2018 04C02 Livestock

Humane

Handling

313.2 On 10/29/18 at approximately 0343 hours while

performing ante-mortem inspection, the following

humane handling non-compliance was observed. 

I observed approximately 25 roaster pigs being

held in the outside holding pen.  The water trough

in the holding pen was empty and dry, so the

roaster pigs had no access to water.  I

immediately notified a plant employee that the

water trough was empty and he then turned on

the water.  As the trough was filling with water,

the roaster pigs were crowding around the trough

trying to get a drink of water. At approximately

0414 hours, I informed Plant Owner Ping Lau of

my observations and the forthcoming

non-compliance.  This is a non-compliance of the

regulatory requirements of 9 CFR 313.2(e), which

states that "Animals shall have access to water in

all holding pens and, if held longer than 24 hours,

access to feed."  This non-compliance is linked to

a similar non-compliance (NR# FBJ4402101602N)

with the same cause, which was documented on

10/1/18.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 64

EstNbr EstName NR# Date Task TaskName Regs Description Status

M548 Yosemite Meat

Company Inc.

VHM34

131208

26N-1

12/26/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At 0702 hours, while checking Seneca valley

suspect hogs in the pens at Yosemite Meat Co., I,

 was observing an

establishment employee knock a crippled hog in

the D1 suspect pen.  I observed the employee

knocking the hog deliver the first knock too low

on the head, and the blow did not render the

animal unconscious. The hog sat up after the

blow, and began vocalizing and moving its head

back and forth.  

immediately handed the employee the second

captive bolt gun to deliver another blow, but the

second blow delivered was a glancing blow just

above the left eye that did not penetrate the skull.

  Meanwhile, the QC technician was reloading

the first captive bolt gun while the animal

continued to vocalize.  The first captive bolt gun

was reloaded within approximately 15 seconds

and the employee was able to deliver an effective

knock on the third attempt.  I immediately

notified of my

observations, and informed him that I was going

to be contacting district for further guidance.  On

my way to tag the knock box, I saw and

immediately notified 

 of my observations and informed him of

the need to stop slaughter. At 0712 hours, I

tagged the knock box stopping stunning with U.S.

Rejected tags B38095260 and B38095259. The

above cited observations are in violation of 9 CFR

313.15(a)(1).

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 65

EstNbr EstName NR# Date Task TaskName Regs Description Status

M783+P78

3

Harris Ranch

Beef Co.

VNG23

111124

21N-1

11/13/2018 04C02 Livestock

Humane

Handling

313.1 On Tuesday, November 13, 2018 at approximately

7:39 am while performing HATS task

IV - Ante-mortem Inspection

, observed the

following noncompliance: HATS VII: Slips/Falls; In

pen #9, in the middle of the pen, a heifer that

started walking from a standing position fell onto

both front knees after a couple of steps. The heifer

was not fractious, excited or moving quickly.

, was not approaching or

driving the animal with the plastic bag tool. The

animal stood up and walked away after the slip.

This is noncompliant with 9 CFR 313.1(b) Floors of

livestock pens, ramps, and driveways shall be

constructed and maintained so as to provide good

footing for livestock. placed

U.S. Rejected tag #B-45024977 on the entry gate

to pen #9 and pen #10 to prevent further injury to

cattle falling, until the establishment could

investigate the incident. 

informed and 

, that a noncompliance record (NR)

would be issued. No NRs have been issued for this

regulation previously. In addition, slipping

concerns were mentioned in multiple weekly

meetings (i.e. 10/19/18, 8/10/18, 4/6/18) and

copies of the meeting agenda were provided to all

establishment management in attendance.

OPEN

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 66

EstNbr EstName NR# Date Task TaskName Regs Description Status

M783+P78

3

Harris Ranch

Beef Co.

VNG52

171209

21N-1

12/21/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 10:03 AM, I was observing 

 unload trailer 125. He

unloaded the bottom half with no problem. When

he opened the upper half of the trailer, the

animals would not exit the trailer. then

went inside the trailer and with excessive force,

started smacking a animal on its rump repetitively

(Approx. 5 times). The trucker was holding the

handle of the paddle with one hand, raised the

Handle of the paddle to the level of his head, took

a step forward to lean in, and used that

momentum to smack the animal on the rump

repetitively. The animal then tried to kick him.

 went inside

the trailer and told him to stop.   I gathered the

information about the trucker and trailer, and

informed that I would discuss the humane

handling matter with 

. I latter informed 

 of this N.R.

CLOSED

(b) (6)

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

(6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 67

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO501

712211

1N-1

12/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3),

313.15(b)(1)

(iii)

On December 10, 2018 at approximately 1551

hours, the following noncompliance was noted

while observing Category VIII – Stunning

Effectiveness Component of the Humane Handling

verification. I observed 

performing calf stunning using a power captive

bolt stunner.  I was on the upper level of the

stunning area as fired the power

knocker on a Holstein veal calf that was being

restrained by his left leg.  The calf moved its head

to the left as the captive bolt penetrated the skull

off the midline towards the lower right side of the

skull.  The calf did not go down after the first stun

and was still conscious and moving its head

 still had the calf restrained with his left

leg.  He made a second effective knock with the

power knocker within seconds of the first

ineffective knock.  The second knock rendered the

veal calf unconscious as the calf lost mobility and

fell to the floor.  immediately

checked the veal calf for signs consciousness and

there were none.   I took immediate regulatory

control action and stopped any more animals

from being knocked.  I tagged the knock box with

US Retain/Reject tag No. B38505632 and

informed of the forthcoming

noncompliance.  At approximately 1600 hours I

removed the tag and allowed the establishment to

resume knocking only after corrective action and

preventative measures were implemented.  The

establishment was noncompliant with the

regulatory requirement of 9CFR 313.15(a)(1),

9CFR 313.15(a)(3) and 9CFR 313.15(b)(1)(iii).

CLOSED

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 68

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO361

312442

6N-1

12/26/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3),

313.15(b)(1)

(iii)

On December 21, 2018 at approximately 1709

hours, the following noncompliance was noted

while observing Category VIII – Stunning

Effectiveness Component of the Humane Handling

verification. I was performing ante mortem

inspection inside pen No. 1 when I heard a calf

vocalizing after it was knocked.  I was standing

next to the barrel of water for the calves as

 was performing calf

stunning using a power captive bolt stunner. 

From my position I can hear when the power

stunner is being used.  Right after I heard the

knock, I heard a veal calf vocalized.  I immediately

made my way to the stunning area (about ten feet

away) as the calf that was knocked vocalized two

more time.  At the entrance of the stunning area I

witness the calf on the floor getting back up on all

four legs.  At the same time the calf was getting

up, grabbed a bullet for the hand

held captive bolt stunner and made an effective

second knock within seconds of the first

ineffective knock.  The second knock was

effectively applied rendering the calf unconscious

as the calf lost mobility and fell to the floor.  I did

not witness the first ineffective stun but after the

second knock immediately checked

the veal calf for signs consciousness and there

were none.  As I observed the head of the calf, the

first knock penetrated the skull approximately 3/4

of an inch lower from the targeted area

 confirmed that the lower hole on the

calf’s head was the first knock and it was lower

than it’s supposed to be.  It was the end of shift

when the noncompliance was observed and there

were only two calves left to knock.  I informed

 of the forthcoming noncompliance and

at approximately 1712 hours allowed the

establishment to resume knocking only after

corrective action and preventative measures were

implemented.  The establishment was

noncompliant with the regulatory requirement of

CLOSED

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 69

EstNbr EstName NR# Date Task TaskName Regs Description Status

9CFR 313.15(a)(1), 9CFR 313.15(a)(3) and 9CFR

313.15(b)(1)(iii). This noncompliance record is

being associated with a similar noncompliance

record No. JCO5017122111N for an ineffective

stun on December 10, 2018.  Repeated failures by

plant management to effectively address the

trend in noncompliance records may result in

further regulatory action.

M226+P48

63+V226

Independent

Meat

Company

DOD10

091033

11N-1

10/11/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III Water and Feed Availability At

approximately 6:30AM on October 11, 2018 I,

, was performing antemortem

inspection at M226 Independent Meat Company

in Twin Falls, Idaho.  

was acting as

yardsperson.  When I went to perform

antemortem inspection on the hogs the

establishment had segregated into the suspect

pen, I observed that no water was available to the

hogs present in the pen.  This pen has 2 water

troughs, one permanent and one moveable. 

Neither had any water present.  I notified

 of the humane handling noncompliance

and observed him provide water to the hogs.   This

is a noncompliance with 9 CFR 313.2(e).

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 70

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat,

Inc.

CFJ061

710021

1N-1

10/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Hats Category VIII Stunning effectiveness  On

October 11, 2018 at 10:21 AM and

 were observing stunning effectiveness

on hogs at Est. 9265 as part of the Humane

Handling Verification Plan implemented in

response to a reinstatement of suspension issued

on 9/27/2018.   Establishment employees

discharged the hand held captive bolt and the

animal immediately vocalized and began moving

about the stunning box.  The animal moved to the

back of the stunning box and the stunning

employee evacuated the stunning area per

protocols for safety.  The backup stunning rifle

was immediately available by the secondary

stunning employee and a second effective shot

was discharged rendering the animal

unconscious.   The knock box was tagged with US

Reject tag # A1281786 and the establishment

notified that this incident would be passed on to

the FLS and district management team for further

evaluation.   Upon inspection of the head post

mortem, both shots entered the same entry

wound. The entry wound and wound tracts are

approximately 1cm lower than the center of an

“X” drawn in an imaginary line between the

medial canthus of the eye and the ventral aspect

of the opposite ear.  There is a large bore hole

approximately 1⁄2 cm diameter (suspected captive

bolt) track traveling more rostral and at a steeper

angle than would be expected to cause significant

brain injury.  The second wound track is smaller

diameter travels through the brain cavity and

exited out the soft palate just rostral to the

foramen magnum.  The .223 caliber bullet was

recovered from this wound tract.  A review of

records show a similar incident occurring on a

Beef animal on 9/21/2018.  This non-compliance

is being linked with NR#CFJ5116092121N and

indicates a trend of non-compliance.  Further

corrective actions are necessary in order to ensure

that stunning of all species of animals at the

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 71

EstNbr EstName NR# Date Task TaskName Regs Description Status

establishment is conducted in accordance with

regulations outlined in 9 CFR part 313.  Continued

non-compliance may initiate further regulatory

control action on behalf of the establishment.
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 72

EstNbr EstName NR# Date Task TaskName Regs Description Status

M12426+V

12426

Andrade

Slaughterhous

e

ECK591

111552

8N-1

11/28/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling: M12426 (Andrade

Slaughterhouse) HATS Category III - Water and

Feed Availability; HATS Category IV - Ante-mortem

Inspection On 11/28/2018, at approximately

0255 hours, Kevin Blackstad, Plant Manager,

informed me that I could proceed to perform my

Ante-Mortem inspection.  I proceeded with my

inspection and I observed a total of six (6) cattle in

two different pens, three in each pen.  I observed

one pen had three cattle, green barrel

upside down that was positioned at the corner. 

The animals had no access to water.  I notified

Mr. Blackstad and Ms. Andrade, Owner/Food

Safety Manager, that one of the pens with three

cattle had an upside down green barrel in the

corner and therefore animals had no access to

water.  This is a noncompliance with 9 CFR

313.2(e).  In accordance with Code of Federal

Regulations: Title 9, Part 313 (Humane Slaughter

of Livestock), Section 2(e) states:  "Animals shall

have access to water in all the holding pens and, if

held longer than 24 hours, access to feed." 

Establishment Awareness Meetings: Humane

Handling discussion:  water accessibility in the

pens was the responsibility of the establishment. 

    10/17/2018, ECK3716112614E     11/14/2018,

ECK4312212728E Past Similar NR: 

ECK3803051807N / 1, dated 5/02/2018,

Completed:  Corrective actions:  Ms. Andrade will

inform the ranchers to make sure the barrels are

filled with water at the time of delivery in all the

pens with animals.       10/17/2018,

ECK3716112614E     11/14/2018,

ECK4312212728E Past Similar NR: 

ECK3803051807N / 1, dated 5/02/2018,

Completed:  Corrective actions:  Ms. Andrade will

inform the ranchers to make sure the barrels are

filled with water at the time of delivery in all the

pens with animals.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 73

EstNbr EstName NR# Date Task TaskName Regs Description Status

M12445+P

12445

Kulana Foods,

Ltd.

WYF05

101236

27N-1

12/27/2018 04C02 Livestock

Humane

Handling

313.2 On 12-26-18 at Establishment M12445 Kulana

Foods, Ltd., I went to the animal

holding area at about 1150 and observed nine

pigs being held in one pen roughly three feet by

eight feet. This pen has one nipple waterer in the

corner which most of the pigs couldn’t access due

to overcrowding. One of the pigs was lying on two

other pigs due to the shortage of room. I informed

establishment President/GM Mr. Brady Yagi. He

said he would have someone separate them and

stated that the pigs are unloaded by the people

that deliver the pigs. I went to the animal holding

area at 1215 to verify the pigs had been

separated, and they were in the process of being

separated into additional pens at that time, where

they could access water.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 74

EstNbr EstName NR# Date Task TaskName Regs Description Status

M791+P79

1+V791

Clemens Food

Group, LLC

MXL37

071203

19N-1

12/18/2018 04C02 Livestock

Humane

Handling

313.2 Category III – Water and Feed Availability. On

December 18, 2018 at approximately 1440 hours

I, observed the following

noncompliance: During the tour of the

establishment I performed Review and

Observation component of Livestock Humane

Handling. During the performance of the

aforementioned task I observed, in the Barn in the

space between pen #8 and back of the serpentine,

two hogs #58 and # 61 as identified on their backs

that were lying on the floor.  I observed they had

no access to water.  The only water trough was

approximately 5 to 6 feet away from hog #61 and

approximately 6 to 7 feet away from hog #58.  At

the time of my observation establishment was in

the process of moving hogs from lot #62 in the

serpentine.  At this time I contacted 

 and physically

showed him the hogs in the same place.  When

 arrived I asked him how long had

the hogs been there (on the floor between pen #8

and back of the serpentine)?  He informed me

they could have been there for 15 to 20 minutes

going by the lot numbers on the backs of the

aforementioned animals (#58 and #61).  I also

asked if these hogs were

ambulatory or non – ambulatory?  He informed

me they were non – ambulatory.  No regulatory

control action was initiated as establishment

elected to perform its corrective actions. 

According establishments’ Animal Welfare

Program Manual also identified as The Clemens

Food Group Robust Systematic Approach Plan for

Humane Handling and Slaughter dated March 16,

2018 it states the following on page 6. “11.

Animals shall have water available in the holding

pens or any location where the animals may be

housed.  If livestock are

fatigued/non – ambulatory, water must be

provided in shallow waters pans, buckets or water

sources within easy reach of livestock.” According

OPEN

(b) (6)

(b) (6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 75

EstNbr EstName NR# Date Task TaskName Regs Description Status

to Rules and Regulation 313.2(e) Animals shall

have access to water in all holding pens and, if

held longer than 24 hours, access to feed

 is notified in writing of

this record of noncompliance.  

 is notified verbally

and in writing of this record of noncompliance for

establishment’s failure to meet the Meat and

Poultry Rules and Regulations of 9 CFR 313.2.

M4999+P4

999

Pudliner

Packing

CGN30

081129

27N-1

11/27/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV Ante-mortem Inspection On

11/27/18 at 0826 hours while performing

Ante-mortem inspection in the barn/holding pen

area of the establishment, the following

noncompliance was observed. 9 cows were

presented with a pen card for U.S.D.A. inspection.

 observed that four cows

presented in pen number 1 inside nearest the

knocking pen did not have access to water. An

establishment employee and 

 were notified verbally. A US retain/reject tag

no. A6910852 was placed on the pen because the

establishment did not take corrective action as

determined by . 

removed the regulatory control action at 0845

hours after verifying the animals in the holding

pens all had access to water. A search of PHIS did

not show any recent similar noncompliance. This

is noncompliant with 9 CFR  313.2(e).

CLOSED

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

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 76

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4999+P4

999

Pudliner

Packing

CGN58

081252

07N-1

12/07/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII Stunning Effectiveness On

12/7/18 at approximately 0915 hours while

performing the humane handling verification

activities at Est. 4999, Food Inspector 

 observed the following noncompliance

and reported it to 

. The Establishment moved a cow

into the stunning area directly outside of the

slaughter floor for stunning with a .22 caliber rifle.

 stayed inside the slaughter floor

record keeping area to listen from an adjacent

room. He heard the first shot but instead of

hearing the animal fall to the ground, as is

customary after shooting, he instead heard

sounds of vocalization and not the rhythmic

movement of reflexes that are typically heard

after a successful stun. He then heard a second

gunshot and the "All Clear" from the Stunner,

signaling that stunning was complete. He then

confirmed that the animal was insensible. I 

 completed the examination of

the skull. This examination revealed two

full-thickness holes in the skull of the animal. This

observation, combined with what 

heard after the first shot, confirmed that the first

stunning attempt did not immediately or

effectively render the animal unconscious. Mr.

Andrew Pudliner Sr., Plant Owner, was notified of

the Noncompliance and the establishment’s

failure to adhere to the regulatory requirements

of 9 CFR 313.16(a)(1)."

CLOSED

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

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 77

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9400+P9

400

Cargill Meat

Solutions

WIL151

510520

1N-1

10/01/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HAT Category VIII, Stunning Effectiveness  On

October 1, 2018 at approximately 1517 hours,

while verifying HAT Category VIII, Stunning

Effectiveness, at establishment M9400, I 

 observed the following

noncompliance.  An establishment employee

attempted to stun a mature dairy cow in the

belly-restrainer in the knock box with a pneumatic

captive bolt device. The stunning attempt

contacted the animal, which was apparent by an

abrasion on its head, but did not render the cow

unconsciousness. The cow remained fully

conscious and aware of its surroundings, and

moved its head away from the employee. A

second stunning attempt was immediately placed,

using a handheld captive bolt device, and

rendered the animal unconscious as evident by

lack of any signs of sensibility.  The cow remained

unconscious throughout shackling, sticking and

bleeding.  ,

and , was

notified of the noncompliance with

9CFR313.15(a)(1).

CLOSED

M9400+P9

400

Cargill Meat

Solutions

WIL100

810222

6N-1

10/26/2018 04C02 Livestock

Humane

Handling

313.2 On October 26, 2018 at approximately 0539

hours, while performing ante-mortem inspection,

at establishment M9400, I 

observed the following noncompliance.  Pen 29

(719 square feet) was overcrowded with 40

mature Holstein dairy cows present (lot 9575). 

These cows did not have sufficient room to lie

down.  The 2007 AMI guidelines, used by the

establishment, states 20 square feet should be

allotted for each 1,200 lb steer or cow, which was

not provided in this case.  

, was notified of the noncompliance

with 9 CFR 313.2(e).

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 78

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9400+P9

400

Cargill Meat

Solutions

WIL161

312031

1N-1

12/11/2018 04C02 Livestock

Humane

Handling

313.1 Category IV Handling during Ante-mortem and in

pens. On 12/11/2018 at approx. 12:40 pm while

performing ante-mortem in the barn 

observed the following a black beef cow had her

head stuck between the 2 lowest pipes of her pen

#11 and was unable to remove it.  The plant

employees immediately tried to help the cow

remove her head but it remained stuck. They kept

her calm while an employee got the skid steer and

used the skid steer to bend the pipe and free the

cow.  The animal was uninjured.  This in a non

compliance with 9CFR 313.1 (a) unnecessary

openings where the head, feet, or legs of an

animal may be injured shall be repaired. Being

stuck between pipe may cause injury. 

 and were

notified of this non-compliance. The pen was

tagged out with US retained #s B-45164525-26

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 79

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9400+P9

400

Cargill Meat

Solutions

WIL061

012083

1N-1

12/28/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Category III Water and Feed Availability 

 Category IV Handling during Ante-mortem and in

pens. On 12/28/2018 at approx. 12:30 pm while

performing ante-mortem in the barn 

observed the following: a dairy cow had her head

stuck between the 2nd and 3rd pipes of the

section of the pen next to the water section

toward the center of the barn in pen #13 and was

unable to remove it.  The plant employee was

trying to help the cow remove her head. He

moved cows that were not allowing the stuck cow

to straighten her neck. The employee kept her

calm while he got her to move toward the end of

the space. With this help the pipes were

repositioned from behind a stub horn to between

the eye and the stub horn by the cow struggling.

When the employee started to climb over the

pipes to continue helping free the cow's head she

pulled free. The cow was made an untagged

suspect and the neck and head area examined on

post-mortem.  The both parotid salivary glands

were blood shot and bruised and there was blood

clot on the right side between the parotid salivary

gland, the lymph node and the bone. These

injuries were in the area of the pipes locations on

the head and neck.  While the cow was entrapped

between the pipes it did not have access to water.

These are non-compliances with 9 CFR 313.1 (a)

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be repaired

and 9 CFR 313.2(e) animals must have access to

water. The was

notified of this non-compliance. The pen was

tagged out with US retained #s B-45164601 and

B-45164602.  This non-compliance is linked to NR

#WIL161312031N on 12/11/2018  for the same

root cause. This document serves as written

notification that your failure to comply with

regulatory requirement(s) could result in

additional regulatory or administrative action.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 80

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9492 Bucher Meats YCA501

110210

2N-1

10/02/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

October 2, 2018, at approximately 0850 hours

while performing humane handling verification

activities at Establishment 9492, I 

 witnessed the following

Noncompliance. The establishment moved the

last Roster hog into the stun box for stunning with

a hand held captive bolt. The Roster was standing

freely in the stun box. As the stunner made the

first stunning attempt with the captive bolt, the

Roster hog moved its head (establishment’s

statement). The stunning attempt hit the head as

evidenced by the two distinct holes upon post

mortem.  The roster remained standing and

vocalized until the second shot was given. The

stunner took immediate corrective action by

re-loading the captive bolt and delivering the

second stun, which made the Roster insensible.

Mr. Bucher, Plant Owner, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a) (1).”

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 81

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9492 Bucher Meats YCA270

812280

4N-1

12/04/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Today on 12-4-18, at approximately 0720 hours,

while performing Humane Handling verification

activities, I witnessed the following

noncompliance.  After moving the second market

hog into the stunning box, the stunner used a

captive bolt stunning device to render the animal

insensible. However, the first stunning attempt

was unsuccessful and the animal vocalized and

the stunner realized the animal was not

insensible. He took immediate action, making a

second attempt using a .22 caliber rifle to render

the animal insensible.  After the second attempt

was made, he was successful in rendering the

animal insensible.  After careful post mortem

examination of the head, there were 2 holes

present which identify both the captive bolt and

the .22 caliber rifle attempt. Mr. Jake

Bucher(Plant Owner), was notified of the

Noncompliance and the Establishment's failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1).

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 82

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9646+P9

646+V9646

Stoney Point

Inc.

AUG42

091214

10N-1

12/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

December 10, 2018, at approximately 1010 hours

while performing humane handling verification

activities at Establishment 9646, I 

 observed the following Noncompliance. 

The Establishment moved a Market Hog into the

stun box for stunning with a hand held captive

bolt.  The Hog was standing freely in the stun box. 

As the Stunner made the first stunning attempt

with the captive bolt, the Hog dropped but started

to vocalize.  The Hog had distinctive eye

movement and attempted to stand.  The stunning

attempt hit the head as evidenced by both

the Hog dropping down away from the stunner

and a spot on the head where the captive bolt hit,

but the Hog remained conscious and vocalized. 

The stunner took immediate corrective action by

re-loading the captive bolt and delivering a second

stun, which made the Hog insensible.   Mr. Mike

Chrismer, Plant Supervisor, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1).”

CLOSED

M9672+P9

672

Al-Marwa L. L.

C.

YYD001

012342

8N-1

12/28/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii)

On December 28, 2018 I observed a veal calf

getting its front hoof stuck between the floor and

the side wall of the holding box, preventing it

from being hoisted properly and promptly. 

 took immediate action

to prevent the animal suffering.  Regulation 9 CFR

313.15(b)(1)(iii) states that the holding box should

be free from openings in which livestock may

injure their feet or legs, therefore they are not in

compliance with this regulation.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 83

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9704+V9

704

Springfield

Meat

Company

QGE450

612012

0N-1

12/19/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category II:  Truck Unloading Date:

12/19/2018 Time: 1400 Location: Incident

occurred on the truck unloading ramp outside of

the building.      While performing ante mortem

inspection on cattle, Insp. observed

a steer coming down the unloading ramp from the

truck slip to its knees and then struggle to regain

its footing.  was verbally notified

and plant employees immediately placed grit on

the ramp to provide better traction for the

animals being unloaded.  There were no further

slipping incidents after the grit was placed on the

ramp.  This is Noncompliant with 9CFR 313.1(b).

CLOSED

M9714+P9

714

Thoma Meat

Market

MEK54

111128

20N-1

11/20/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III: WATER AND FEED

AVAILABILITY At approximately 1240 on

November 20th IPP entered the barn pen area.

Animals were being held in two pens adjacent to

the unloading dock on the side of the driveway:

one beef in the first pen and two swine in the

second. I, , observed no water

containers available in either pen. I immediately

notified , of

this noncompliance.  Plant employees were

immediately notified by plant management.

Water containers were provided in each pen and

filled with water.  No regulatory action was taken

since the situation was immediately remedied. I

reviewed NRs from the past 90 days and found no

similar noncompliance. This is a noncompliance

with regulation 313.2 (e).

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 84

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9784+P9

784+V9784

Leona Meat

Plant Inc

OMK39

101150

20N-1

11/20/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III Water and Feed Availability On

November 16th 2018, at approximately 0730 hrs.,

while performing Ante-Mortem inspection at

establishment 9784M I observed the following

noncompliance:  In the pens, twenty (20) sheep

were divided into two pens,  pens #5 and #6. 

During my observation, I noticed both pens were

without water available for drinking.   I notified

 of this

noncompliance and violation of 9CFR 313.2(e). 

Immediate corrective action was taken by 

 and water was distributed to both pens. 

After witnessing the sheep had been given water, I

re-inspected and released pens #5 and #6 and the

plant continued with its daily production.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 85

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562 JBS Green Bay,

Inc.

QSM28

151013

05N-1

10/05/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii)

At approximately 1200 hours on October 5, 2018,

 was performing HATS Category VIII

(Stunning Effectiveness) and observed the

following noncompliance.  In the restrainer, there

are large metal panels used to adjust the size of

the restrainer and/or “squeeze” animals as they

go through the stunning process.  

noticed an irregular area on the bottom side of

the left panel that was potentially broken with a

small amount of hair caught.  Quality Assurance

(QA) and maintenance employees were notified of

the potential issue.  and 

went back to observe the area on the restrainer

and noticed that there was a jagged “L” shaped

crack approximately 4 inches on the long side and

3 inches on the short side in the lower left lip of

the metal panel.  Cattle that placed their heads

low in the restrainer at the position of the second

stunner could potentially get cut or caught in the

sharp broken metal.  Plant management and the

frontline supervisor were notified. U.S. Reject tag

#B37426204 was placed on the restrainer to stop

production at 1245 hours until the defect could

be addressed.  The establishment addressed the

issue with the restrainer and verified

that the area was suitable to resume operation

and the tag was removed.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 86

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562 JBS Green Bay,

Inc.

QSM33

071129

28N-1

11/27/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 11:25AM on Tuesday November

27th, 2018, while returning from performing

Ante-Mortem inspection (HATS category IV),

 observed a noncompliance with HATS

category III.  Pen 13 had a group of cows that had

arrived at the establishment the previous day. 

These cattle have been on the premises for greater

than 24hrs.  Pen 7 also had 2 steers that had been

on the premise for greater than 36 hrs. (arrival

date the evening of 11/25/18).  The pens the

animals were located in for ante-mortem on the

morning of the 27th did not have any fresh or

trampled hay present or hay pushed out of the

pen as is typical when the animals have been fed

overnight.  There was also no hay present in the

current pens or any other pens of this barn.  When

 asked the barn supervisor if the cattle

were fed he stated that the establishment was

only feeding cattle held for 24hrs and that he was

unsure if they had been fed.  showed

him the pen cards that indicated the animals had

been on the premises for more than 24hrs.  The

feed log located by the scale, which is identified in

the establishment’s humane handling program as

a means to track animals that are fed and filled

out on a weekly basis, had no entries of pens fed

for the week.   9 CFR 313.2(e) states that animals

held longer than 24 hours shall have access to

feed.  was notified of the

noncompliance.

OPEN

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 87

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562M JBS Plainwell,

Inc.

CFO570

310443

1N-1

10/31/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At approximately 0830 hours while performing

verification observations for HATS Category II

Truck unloading, the following incident occurred. 

A gooseneck trailer backed up to the outside

unloading ramp where Holstein cattle were being

unloaded.  The unloading ramp is designed with

side panels approximately 4 feet high which serve

to enclose the ramp as it leads into the facility.

With the trailer backed up flush to the ramp, the

junction of the side panels with the back of the

trailer creates a triangular gap on both sides.  The

gap is approximately 2 inches at the top and

16-18 inches at the bottom.  One animal was

observed to stick its head through the right gap,

and became entrapped across the entrance of the

ramp, with the head through one side and the

lower part of the hind limbs through the other. 

After a brief struggle, the animal elected to lie

down, remaining entrapped.  After approximately

15 minutes, the animal was able to struggle free

and returned uninjured to the trailer.  There were

4 animals remaining on the trailer and the owner

proceeded to unload those animals.  The last

animal on the trailer stepped onto the ramp and

the left hind leg was observed to slip through an

opening between the floor of the ramp and the

left side panel. The foot and lower leg were

extended through the gap and as the animal

struggled to free the entrapped foot, the lower leg

sustained a laceration.  As the owner attempted

to drive the entrapped animal with a paddle,

several establishment employees immediately

stopped the owner and eliminated his

involvement in the unloading process.  The animal

was euthanized with a handheld captive bolt

device.  These observations are a violation of the

regulatory requirements of 9 CFR 313.1(a),and (b) 

which requires facilities to be maintained in

sufficient repair to eliminate sharp edges and

unnecessary opening to prevent entrapments and

injury; and 9 CFR 313,2(a) which requires animals

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 88

EstNbr EstName NR# Date Task TaskName Regs Description Status

to be driven in a manner that minimizes

excitement and distress. Regulatory control of the

unloading ramp was taken by placing U.S.

Rejected tag number B37583057 at the time of

the obsrvations.

M952 BEF Foods, Inc. YUC371

110540

4N-1

10/03/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 10/3/18 at approximately 10:45am while

verifying the humane stunning of the sow by the

establishment in the hog pens. I. 

 while standing about 10 feet in front

of the sow observed the following non

compliance.   attempted to captive bolt

stun the sow while plant employees were

restraining her with sort boards. After the

first captive bolt shot in to the sow's skull the sow

made a low short vocalization and she did not

move from the original position she was in

before she was shot. She was still looking around,

her eyes were still tracking

movement, blinking and breathing normally just

as before the first shot. I observed a hole in her

head after the first attempt was immediately

 handed another loaded captive bolt gun and shot

the sow in the skull a second time effectively

rendering the sow unconscious

and her body immediately dropped to the floor. I

observed a second hole in her skull after the

second shot. I then informed the plant manager

 that there would be a Non

compliance record issued because the sow was

still conscious after the first captive bolt shot

attempt.

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 89

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2444 Strauss Brands

Inc.

VFG160

810082

9N-1

10/29/2018 04C02 Livestock

Humane

Handling

313.1 On 10/29/2018 at approximately 0615 while

performing a Livestock Humane Handling task

 observed the following

noncompliance. After establishment personnel

had offloaded the first forty veal calves from a

livestock trailer, one calf took a misstep and its

forelimb slipped into a gap caused by the slight

angle between the back of the trailer and the

offloading dock, causing the calf to become stuck;

the improper placement of the vehicle had

previously gone unnoticed by establishment

personnel. This represents noncompliance with 9

CFR 313.1(b). took a regulatory control

action and placed US retained tag B41826420 on

the trailer. The calf’s limb was promptly freed, but

the animal was nonambulatory, so it was properly

stunned and euthanized in accordance with

regulations, after which noted a complete

fracture of the right forelimb. then

removed the retained tag, and offloading was

allowed to continue at a slower pace to prevent

further injury to the remaining forty calves

 verified that all remaining calves were

offloaded without incident. informed

 and plant manager

Wayne Bucholtz of the noncompliance.

CLOSED

(b) (6)

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 90

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10114+P

10114+V10

114

C. Roy, Inc. FEI5512

114220

N-1

11/20/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category VI - Electric Prod/Alternative

Object Use On November 20, 2018, at

approximately 0740 hours, I, ,

observed the following noncompliance.  While on

the kill floor, I observed Nate (stunner) standing

by the door which leads to the barn.  I also

observed that a bovine was loose in that alleyway

directly  alongside the knock box.  There was also

a bovine already in the knock box.  The bovine  in

the alleyway couldn’t move forward because

there was a wall directly ahead.  Nate was

attempting (with a non-electric prod) to get the

bovine to back up in the alleyway and re-enter the

pens.  After at least five separate attempts to

move the animal backwards, the bovine continued

to struggle and became more agitated.  Another

employee, decided to go into the barn (the

back way) to observe the situation.  It was then

discovered that two other bovines had followed

the first bovine into the alleyway.  The presence of

the two other bovines in the alleyway (directly

behind the first bovine in the alleyway) prevented

the first bovine from being able to move forward

or backwards.  After this was discovered, the

animals were backed up (one by one), freeing up

the alleyway.  No rejected tag was used.  The

establishment's written Systematic and Robust

Approach to Humane Handling and Slaughter

Program states that all animals are moved with a

minimum of excitement. The above findings are

in violation of 9 CFR 313.2(a), which states that

livestock be handled with a minimum of

excitement and discomfort to the animal

 was notified that a

noncompliance report would be issued.   There

have been no similar noncompliance reports

issued in the past 90 days.

OPEN

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 91

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21207+P

21207+V21

207

Lorentz Etc.

Inc.

RTB042

110551

2N-1

10/12/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 1500 hours on October 12,

2018 while performing postmortem voluntary

inspection and Humane Handling Verification of

HATS Categories VIII (Stunning Effectiveness) and

IX (Consciousness on the Rail) on bison, 

 and saw the following

noncompliance.   was on the

slaughter floor inspecting bison carcasses and left

the room through the east door after being

informed that the establishment was ready to

stun the last bison of the day with a firearm. 

 stood outside the door and heard a

firearm blast. She then heard noises coming from

the slaughter floor, peered through the glass

window of the slaughter door and observed

people running, and heard employees yelling that

an animal was loose. went to the

nearby USDA office and informed that

an animal was loose on the slaughter floor. 

 proceeded to the slaughter floor and on his

way observed an establishment employee in the

hallway hurrying to the slaughter floor. This

employee is the primary stunner at the

establishment. later learned the

employee was obtaining additional ammunition

from a room approximately 30 feet from the

stunning area. The backup ammunition on the kill

floor could not be safety procured while the

animal was loose. While standing in the hallway,

 observed a conscious bison on a viscera

cart by the cooler door. This cart was

approximately twenty feet from the restrainer. 

 observed the employee shoot the bison.

 entered the kill area and observed the

animal unconscious and nonresponsive. The

employee then bled the animal. and

 state that the time between the first and

second shot was approximately sixty seconds. 

 requested the employee skin the head

and observed two bullet holes. One hole was

located at the midpoint of the bison’s horns, and

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) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 92

EstNbr EstName NR# Date Task TaskName Regs Description Status

one hole was approximately 1⁄4” to the left of the

midpoint of the two horns. placed

regulatory reject tag B40942633 and informed

Plant Manager Rob Lorentz and 

 of the noncompliance.

M20855 Chenoa Locker,

Inc.

SSH531

110062

3N-1

10/23/2018 04C02 Livestock

Humane

Handling

313.1 23 October, 2018 At approximately 1030 hours

during a humane handling review, the following

observations were made at establishment 20855

Chenoa Locker. The base of a metal panel of the

knock box gate is jagged and bent inwards

towards where the animals are positioned for

stunning. noted that the

state of disrepair of the knock box gate

represented noncompliance with 9 CFR 313.1, and

could potentially cause injury to the animals. The

establishment was immediately notified of these

findings.

CLOSED

M20855 Chenoa Locker,

Inc.

SSH501

411111

2N-1

11/12/2018 04C02 Livestock

Humane

Handling

313.2 On 11/8/2018 While performing a Human

Handling inspection found

that in the holding area outside of building had

livestock that did not have access to water. This is

in violation of regulation 313.2(3)(e): Animals

shall have access to water in all holding pens and,

if held longer than 24hrs, access to feed.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 93

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21651 Peoria Packing

Ltd.

WQF34

071252

28N-1

12/27/2018 04C02 Livestock

Humane

Handling

313.30 (a)(2),

313.30(a)(1),

313.30(a)(3)

HATS VIII: Stunning Effectiveness and 9CFR

313.30(a)(3): Immediate Insensibility,

313.30(a)(1): Administration of electric current,

and 313.30(a)(2): Driving or Conveying of the

animals On 12/27/2018 at approximately 1325

hours, I, , performed

HATS VIII: Stunning Effectiveness at Establishment

21651, Peoria Packing, in the electrical stunning

area.  I observed an noncompliance, 9CFR

313.30(a)(3), 313.30(a)(1), and 313.30(a)(2)

during that time. There were two pigs in the

electrical stunning restrainer.  Pig (#2) was on top

of Pig (#1).  The establishment employee (Stunner)

placed the electrical prongs onto Pig (#1).  As

electric current was flowing through the prongs

(Pig (#1) was ridged), Pig (#2) touched the prongs

with its nose, vocalized and turned its head away. 

I instructed the Stunner to stop stunning, after Pig

(#1) was effectively stunned and notified

 of my

observations.  At 1330 hours, arrived at

the restrainer and instructed the Stunner to stun

Pig (#2).  The prongs were placed on the left side

of the animal’s nick below the left ear.  As the

Stunner administered the electric current, Pig (#2)

vocalized and turned then became ridged.  Pig

(#2) then repositioned in the restrainer, still

conscious (holding its head up and rhythmic

breathing).  The Stunner quickly repositioned the

prongs and effectively stunned Pig (#2).  I placed

US Rejected Tag #B32550082 on the restrainer. 

 was informed that a noncompliance

record will be documented.    informed

me of the corrective actions then I removed the

US Rejected Tag #B32550082 at 1429 hours. No

similar noncompliances were documented in the

past 90 days.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 94

EstNbr EstName NR# Date Task TaskName Regs Description Status

M27236+V

27236

Sunnyside

Meats, Inc.

YOA171

712050

4N-1

12/04/2018 04C02 Livestock

Humane

Handling

313.30(a)(1) “HATS Category VIII – Stunning Effectiveness  On

December 4th, 2018 at approximately 1:25 p.m.

while performing a PHIS Humane Handling task, I

observed the following deviation:  While

attempting to electrically stun a sow, plant

employee applied the wand from the

electrical stunning device 3 different times in

different locations. The sow was not rendered

unconscious and instead was still standing and

vocalized after each attempt. The employee

realized the electrical stunning device was not

working and I observed it was not plugged in. I

told , and he

quickly went and plugged it in. When 

attempted to stun the sow again, the sow once

again became vocal and was moving on the

ground while the wand was being applied. It was

unclear if the electrical stunning device was being

discharged. I instructed 

, to take further action because the sow was

becoming excited and had signs of discomfort, as

it was still vocalizing. 

, quickly grabbed the hand-held captive bolt

device and applied a stunning attempt which

rendered it unconscious.  I then requested for

 to come to the kill floor and

explained to him what had happened.”

informed 

 of the situation and that there would be an

NR issued for the deviation. This is a violation of 9

CFR 313.30(a)(1), which requires the electrical

current to be applied in a way the minimizes

excitement and discomfort.”

OPEN

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

(b) (6) (b) (6) (b) (6) (b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 95

EstNbr EstName NR# Date Task TaskName Regs Description Status

M22095+P

22095+V22

095

Creston Valley

Meats

QOI131

512452

1N-1

12/20/2018 04C02 Livestock

Humane

Handling

313.1 HATS VII: Slips and Falls. At 12:00 pm on

December 20, 2018, I watched plant employees

, , and 

attempt to move 3 beef animals into the chute

leading to the knock box. When one of the

employees waved their arms abruptly, one of the

beef animals whirled around, its hooves slipped in

mud that was spread across the floor of the pens,

and fell to the ground on its left hindquarters. I

notified plant manager Ryan Beyler of the

noncompliance. No similar noncompliances have

been recorded in the previous 90 days.

OPEN

M27440 Valley Beef,

Inc.

VEJ531

111131

6N-1

11/16/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0810 on 11/16/2018, while

performing ante-mortem inspection (and Category

VII of HATS task, Slips and Falls), 

observed the trailer unloading of 14 young fed

beef steers at Valley Beef.  As the animals exited

the trailer, there is a very short alley and then a 90

degree angle turn in to the holding pens.  The

concrete located at the 90 degree angle turn is

relatively smooth without significant corrugations

(the rest of the holding area has grooved

concrete).  Five of the 14 steers slipped and fell,

with their bellies or sides touching the floor, as

they entered the building.  The steers unloaded

and entered the building in one large cluster.

 After righting, the animals did not exhibit any

signs of distress or injury.  

 was notified of the incident and the

impending non-compliance record.   The

establishment is currently operating with a

written robust systematic approach to humane

handling. Upon review of non-compliances over

the last 90 days, association is not required. 

Corrective and preventative measures will need to

be instituted before the unloading area can be

used again for young fed cattle.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 96

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21938+P

21938

EcoFriendly

Foods

FYA270

912091

2N-1

12/12/2018 04C02 Livestock

Humane

Handling

313.2 On December 12, 2018 at approximately 9:20 AM

while performing the review and observation

component of HATS Category 3: Water and Feed

Availability within the humane handling task,

 was inspecting the pens and noticed

that the 5 hogs remaining in the pens for the day

had no access to water. The waterers had a very

small amount of ice at the bottom of the bowl but

the water pipe system was not turned on. There

was no evidence of other watering implements

available. verbally informed the

plant manager/owner Beverly Eggleston who

brought out a large bucket of warm water to fill

the bowls and a trough he had available. The pigs

did not seem extremely thirsty. No regulatory

control action was taken since the noncompliance

was brought into compliance immediately. This is

a non-compliance with 9 CFR 313.2(e) that

requires animals in pens to have 24 hour access to

water. Plant management was notified both

verbally and in writing of this non-compliance.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 97

EstNbr EstName NR# Date Task TaskName Regs Description Status

M27499+P

27499

Wenneman

Meat

Company, Inc.

RKC561

412240

6N-1

12/06/2018 04C02 Livestock

Humane

Handling

313.1 On December 6th, 2018, routine slaughter

operations were performed.  A semi-truck arrived

and delivered cattle.  The animals were presented

for slaughter and the 8 market sized beef in Pen 3

passed ante-mortem inspection.  The pen card

was signed by inspection personnel at 0930. 

Employees and inspection personnel returned to

the slaughter floor after lunch.  A market beef was

effectively stunned, exsanguinated and continued

throughout the process.  I heard a noise and

noticed the employee who stuns was in the knock

box from the floor side and not the live pen side.  I

walked over and saw a market size beef had

entrapped its head into the bottom of the gate

between the runway and the knock box.  The

opening measured at 9 inches high and 18 inches

at its widest point.  The animal did not struggle or

vocalize.  Its breathing was faster than normal, but

not labored.  The animal was unable to free itself

from the entrapment.  The decision was made to

stun and exsanguinate the animal where it was. 

The carcass was inspected per Directive 6100.2

and passed. The animal is identified as Lot No.

8340, No. 5997.  The animal could be harmed

because openings where the head, feet or legs

may become injured.  The animal was unable to

self-retract from the opening at the bottom of the

gate. I notified , I

would issue an NR for the condition.  The opening

in the bottom of the gate was not covered.

allowed a beef to become entrapped and it was

unable to self-retract.  This is a violation of 9 CFR

313.1(a), HATS Category – Handling During

Ante-Mortem Inspection.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 98

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31561+V

31561

Maple Ridge

Meats LLC

PMM12

101000

09N-1

10/09/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

October 9, 2018, at approximately 1110 hours

while performing humane handling verification

activities at Establishment M31561, I 

 observed the following

noncompliance.  The Establishment moved a

mixed breed heifer into the stun box for stunning

with a hand held captive bolt.  The heifer’s head

was locked into the head gate.  As the Stunner

made the first stunning attempt with the captive

bolt, the heifer moved its head.  The stunning

attempt hit the head as evidenced by both the

heifers sudden movement away from the stunner

and a spot on the head where the captive bolt hit,

but the heifer remained standing and did

not vocalize.  The stunner took immediate

corrective action by re-loading the captive bolt

and delivering a second stun, which made

the heifer insensible.  Mr. Greg Hathaway, Plant

Owner, was notified of the Noncompliance and

the Establishment’s failure to adhere to the

regulatory requirements of 9 CFR 313.15(a)(1).

CLOSED

M31561+V

31561

Maple Ridge

Meats LLC

PMM14

081141

07N-1

11/06/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III ...Water & Feed Availability 

At approximately 1716 hours on November 6,

2018, while performing a routine humane

handling task, the following noncompliance was

observed. I, , observed two separate

pens of swine in which water was not accessible.

In these pens, the water tubs were upright and

empty. 

, was immediately notified verbally and

in writing of this noncompliance. Plant

management immediately performed corrective

actions by providing accessible water. This is

noncompliant with 9 CFR 313.2(e).

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 99

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31561+V

31561

Maple Ridge

Meats LLC

PMM29

121122

19N-1

11/19/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III ...Water & Feed Availability At

approximately 1301 hours on November 19,

2018, while performing a routine humane

handling task, the following noncompliance was

observed. I, , observed one pen

containing sheep, in which water was not

accessible. The water tub was upright and empty.

, was

immediately notified verbally and in writing of

this noncompliance. Plant management

immediately performed corrective actions by

providing accessible water. This is noncompliant

with 9 CFR 313.2(e).   A similar noncompliance

occurred on November 6th, 2018 and was

documented on NR # PMM1408114107/ 1N.

Plant Management's response to this NR

regarding further planned actions was either not

implemented or ineffective. This document serves

as written notification of the repetitive nature of

this noncompliance and that continued failure to

comply with regulatory requirement(s) could

result in additional regulatory or administrative

action. Establishment management was notified

verbally and in writing with this official

noncompliance record of the failure of this

establishment to meet regulatory requirements.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 100

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31561+V

31561

Maple Ridge

Meats LLC

PMM10

081252

18N-1

12/18/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III ...Water & Feed Availability 

At approximately 0700 hours on December 18,

2018, while performing an odd hour humane

handling task, the following noncompliance was

observed. I, , entered the holding pen

area with plant manager Greg Hathaway and

observed two separate pens of swine in which

water was not accessible. Establishment

management, Mr. Greg Hathaway, was

immediately notified verbally and in writing of

this noncompliance. Plant management

immediately performed corrective actions by

providing accessible water. This is noncompliant

with 9 CFR 313.2(e).   A similar noncompliance

occurred on November 19, 2018 and was

documented on NR # PMM2912112219/ 1N.

Plant Management's response to this NR

regarding further planned actions was either not

implemented or ineffective. This document

serves as written notification of the repetitive

nature of this noncompliance and that continued

failure to comply with regulatory requirement(s)

could result in additional regulatory or

administrative action. Establishment management

was notified verbally and in writing with this

official noncompliance record of the failure of this

establishment to meet regulatory requirements.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 101

EstNbr EstName NR# Date Task TaskName Regs Description Status

M32170+P

32170

Ganaderos

Borges Inc.

FNL140

710201

7N-1

10/16/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Today October 16, 2018 at approximately 1430

hours the following noncompliance was observed.

While standing at the inspection station I heard a

captive bolt gun being shot at the knocking box. I

went to the knocking box area and noticed a sow

in the box with a captive bolt shot in the head. I

asked the knocker about the shot. It was an

ineffective stun.  The employee applied an

immediate second attempt using electric stun,

which rendered the sow into complete

unconsciousness. I proceed to stop slaughter

procedures. I immediately placed Rejected

No.B41427360 to the knocking box since the

captive bolt equipment didn’t immediately knock

the sow unconscious. An immediate corrective

action verbally provided by management was the

immediate remove of the captive bolt equipment.

Regulation 313.15 (a) (1) clearly states “The

captive bolt stunners shall be applied to the

livestock in accordance with this section so as to

produce immediate unconsciousness in the

animals before they are shackled, hoisted, thrown,

cast, or cut. The animals shall be stunned in such a

manner that they will be rendered unconscious

with a minimum of excitement and discomfort”. 

Management was advice about this NR verbally

and also advice of their right to appeal this

decision as delineated by regulation 306.5 of the

CFR.

CLOSED

M32158+P

32158+V32

158

The Royal

Butcher LLC

BXF011

012532

1N-1

12/20/2018 04C02 Livestock

Humane

Handling

313.2 On December 20, 2018 at 7:40 AM while

performing ante mortem inspection I observed 1

beef in the pen with frozen water. This is a

noncompliance with 9CFR 313.2(e), wish states

that "animals shall have access to water in all

holding pens". 

 was notified verbally about the non

compliance. They supplied water to the animals

immediately.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 102

EstNbr EstName NR# Date Task TaskName Regs Description Status

M33845+V

33845

Moonlight

Meat

Processing Inc

PPQ510

710411

8N-1

10/18/2018 04C02 Livestock

Humane

Handling

313.1 10/17/2018 Moonlight Meat Processing Inc

M33845, approximately 930 while performing

Humane Handing task observed the

following noncompliance in pen #2 had 2 broken

wires sticking out into the pen area ,right inside

the door to the pen where they could possibly

cause harm to an animal. tagged the pen

with U.S. Rejected tag#B42151284.Anne Bays,

Plant Owner was notified of this noncompliance.

CLOSED

M33971+V

33971

McNees Meats

and Wholesale

LLC

LWA54

101245

03N-1

12/03/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III – Water and Feed Availability At

approximately 1120 hours on December 3, 2018,

while walking through the pens, I 

noticed that twelve swine were in a pen without

access to water. When this was observed, an

establishment employee (who was also out in the

barn) immediately moved the animals to various

other pens and provided water in each pen. 

No U.S. Rejected Tag was issued since immediate

corrective actions were taken.  The establishment

employee also stated that the animals had just

recently been unloaded. I informed Mr. Ernie

McNees (Owner), of the events and notified

him that a noncompliance report would be

issued.    The above noncompliance is in violation

of 9 CFR 313.2(e). There have been no similar

noncompliances in the past 90 days.

CLOSED

M34056+P

34056+V34

056

Olsen Farms

Meats LLC

XIC241

010072

5N-1

10/25/2018 04C02 Livestock

Humane

Handling

313.1 HAT Category III – Water Availability and

Accessibility - 9 CFR 313.2(e) On Wednesday

October 24th, 2018, at approximately 2:30 pm, I

, during a routine humane handling

task HATS category III, at Olsen Farms Meats

34056, I observed the following noncompliance. A

holding pen with three market hogs had no water

in the container. Another holding pen with a

single steer had no container for water. This is

noncompliant. 

was notified verbally and owner Kira Olsen was

notified in writing.

CLOSED

(b) (6) (b) (6)(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 103

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34360+P

34360

House of Halal

Meat, Inc

VUA331

012242

8N-1

12/28/2018 04C02 Livestock

Humane

Handling

On Friday, December 27, 2018 at approximately

10:30 A.M while conducting a routine pre

operational sanitation task, I, 

observed the following non compliance:  A. In a

hold pen, approximately six cows were ankle deep

in mud.  The establishment had been warned 

previously,  as documented in a recent MOI, that

animals were to be housed on solid non slip

surfaces.   The animals were having trouble

moving around, and having trouble getting to feed

and water. The owner, Mr. Mohammad Iqbad

was notified. This is notification of the Plant's

failure to observe a required federal regulation.  In

the absence of corrective actions, further

administrative  or punitive measures may be

taken.

OPEN

M34384+V

34384

Elkton Locker

and Grocery,

Inc.

TLN051

312101

9N-1

12/19/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 12:40 pm on December 19,

2018, while verifying HATS task category VII,

Observation For Slips and Falls, FSIS Inspection

Program Personnel (IPP) observed a hog being

driven into the stun chute ready to be stunned,

when the back legs fell into a gap between the

concrete and stunning chute door. The gap is

approximately 2 1/2 feet long by 2 1/2 inches

wide. Company employees were able to lift the

hog into the stun chute with no injury to the

animal.  I informed of the incidence 

and that a Noncompliance Report would be

generated.

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 104

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34699 Cox Butcher

Shop

TDU150

810513

1N-1

10/30/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On 10-30-18 at 0700 as I inspected the holding

pens I noticed on the north side that the wire

panels and steel bar brace are pulled lose and

could become a hazard for injury to bovine feet. I

notified and of CFR 313.1

Livestock pens, driveways and ramps. (a) Livestock

pens, driveways and ramps shall be maintained in

good repair. They shall be free from sharp or

protruding objects which may, in the opinion of

the inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be repaired.

CLOSED

M31578 Trenton

Processing

Center, Inc.

LKK461

010040

3N-1

10/03/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(i)

On 10/3/2018 at 10:00AM while at Establishment

M31578  observed the following

noncompliance's while performing Hats Category

VIII Stunning Effectiveness 313.16(a)(1) ,

313.16(b)(1) While attempting to shoot a sow

plant owner Gary Schwend's first shot behind the

ear did not render the sow unconscious. Gary

immediately fired a second shot into the top of

the sows head rendering the sow unconscious.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 105

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31578 Trenton

Processing

Center, Inc.

LKK490

711332

9N-1

11/29/2018 04C02 Livestock

Humane

Handling

313.1,

313.15(b)(1)

(iii)

On 11/28/18 the had a few area

pointed out by the 

on the establishment knock box and holding that

are of concern during an inspections. In the knock

Box the restraint plate has quite a few corroded

rust holes in it that is a concern for possible feet

injury or hair snagging, also in the knock box area

the drop door has a few curls semi sharp ridges

that even had hair in it were animals may have

snagged hair on it, the other concern are was in

the holding pens on spot was the bottom of the

gate closest to the load area has a broken weld

and has a sharp end on it, and a few spot in

several area that has rusted through pipes , both

of these are concerns for possible injury to the

animals. The CSI will follow up accordingly based

on what the establishments plan of action is to

rectify these non regulatory concerns. all these

concerns is covered in 9 CFR 313.1(a) which

covers Livestock pens, driveways and ramps and

313.15 (b)(1)(iii) which covers Adequate restraint;

stunning area design and construction all of this

was noticed during Handling During Ante Mortem

Inspection HATS category task. These concerns

were discussed with Gary Schwend (Establishment

owner) and 

(b) (6)

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 106

EstNbr EstName NR# Date Task TaskName Regs Description Status

M39968+P

39968

Donald's Meat

Processing, LLC

PIF1809

120617

N-1

12/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

On December 17, 2018 at approximately 10:00

AM while performing the review and observation

component of HATS Category 8: Stunning

Effectiveness within the humane handling task

 was observing the stunning of a steer.

The plant employee discharged the rifle and hit

the steer. The steer remained standing, dropped

its head briefly for a second and then raised it

again and continued to observe its surroundings.

After the ineffective stun, the plant employee

immediately grabbed a back-up firearm and

delivered a successful second shot which brought

immediate unconsciousness to the steer. A third

shot, security knock, was also taken by the plant

employee. After the effective second stun, the

animal remained unconscious through bleeding,

shackling, hoisting and skinning. On post-mortem

examination, there were three holes in the skull:

one above the right eye, and two in the proper

location. verbally informed the

, and texted plant

manager Rosalea Potter of this non-compliance.

No regulatory control action was taken since this

was a single, isolated, non-egregious incident. This

is a non-compliance with 9 CFR 313.16(a)(1) and 9

CFR 313.16(a)(3) which require animals to be in a

state of immediate unconsciousness after a single

gunshot. Plant management was notified both

verbally and in writing of this non-compliance.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 107

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40236 Marks Custom

Meats LLC

JXW550

711141

3N-1

11/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII - Stunning Effectiveness On

November 13, 2018 at approximately 0840 hours

while performing humane handling verification

activities at Establishment 40236, I observed the

following noncompliance.  There were several

market hogs freely standing in the stunning area

during stunning.  The stunner made a stunning

attempt on a market hog with a hand held captive

bolt.  The stunning attempt hit the hog’s head but

the hog was still standing and vocalizing.  The

establishment was unable to immediately

dislodge the captive bolt.  The stunner took

immediate corrective action and used the rifle to

deliver a second stun which was effective in

producing unconsciousness.  Mark Bair, plant

owner, was informed of the noncompliance.  The

establishment is not complying with 9CFR

313.15(a)(1).

CLOSED

M40253 Downing

Cattle

Company, Inc.

LMI001

310111

0N-1

10/10/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On October 10, 2018, at 12:52 hours, while

performing the Humane Handling Task, I, along

with , observed an incident

at Downing Cattle Company in which a single shot

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

produce immediate unconsciousness. The animal

remained standing after the first shot and was

alert. A second shot was delivered immediately

from a second weapon, .22 Magnum, and

effectively rendered the animal unconscious. The

owner of the establishment, Mr. Jeff Downing,

was notified of the noncompliance.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 108

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44779 Faulkner

Meats

VMV58

071131

28N-1

11/27/2018 04C02 Livestock

Humane

Handling

313.2 November 27, 2018 HATS Category III: water and

feed availability The following observation was

made by the SVMO while present at Faulkner

Meats (M44779) Taylorsville, KY: At

approximately 1300 hrs. EST a holding pen

containing three heavy calves, two beef and one

dairy, were found to be without access to water;

an empty, dry bottom of a plastic drum was

observed in the corner of the pen.  Also, the

alleyway leading to the kill floor was partially

closed- off and held approximately 20 mature

sheep/lambs; they too were without access to

water and had no visible means to make water

available to them. The above animals had been

declared for Federal Inspection at 1000 hrs. EST.

, was

informed of this non-compliance and the

forthcoming non-compliance record.

OPEN

M44950+P

44950+V44

950

Schrader

Farms Meat

Market

JKL480

710502

6N-1

10/26/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII - Stunning Effectiveness At

approximately  0830, I observed A Black steer

loaded into the knocking box. Plant

employee delivered an initial shot from a 20

gauge shotgun. The steer remained conscious,

showing signs of sensibility with rhythmic

breathing, vocalizing and looking around. The

employee immediately administered a second

shot that rendered the steer unconscious. I

verbally notified the plant manager,  Kara

Schrader, of the non-compliance with 9 cfr

313.16(a)(1).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 109

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45119+P

45119

Red Barn

Meats Inc.

ZWQ33

071119

30N-1

11/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Category VIII- Stunning Effectiveness While

performing slaughter inspection duties at Red

Barn Meats, Inc. Est. # M45119, at approximately

0715, I observed the following noncompliance. 

After a Black Angus heifer was properly restrained

in the head chute, the plant employee applied the

captive bolt stunning device. At the last moment

the heifer moved and received a minimal

application of the device. The heifer remained

standing and did not vocalize, tremble or show

any signs of discomfort. The plant employee then

took immediate corrective action and used a

firearm as a stunning device and the heifer was

rendered insensible to pain. The heifer was then

shackled, hoisted and stuck without returning to

consciousness. This is a failure on 9 CFR 313.15 (a)

which requires the animal to be rendered

insensible with a single application of a stunning

device. Jordan Brandt, Plant Manager of Red Barn

Meats, Inc., was verbally informed of this

noncompliance at approximately 0720.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 110

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1061 Happy Valley

Processing Inc.

JYP131

011391

5N-1

11/15/2018 04C02 Livestock

Humane

Handling

313.2 On 11/14/2018 at approximately 8:05 A.M., I

performed ante-mortem and all the pens had

water for the animals. Throughout the day one of

the steers knock over the water in the pen 3 and

J.E. refilled the water. Then when those animals

were moved to be slaughtered one of the steers

knock the water over again. When the plant

moved an animal from pen 5 to pen 3 to be able

to open the gates to give access to the alley way

to lead the animal into the knocking box, there

was no water in the pen was available to the

animal. This is a non-compliance with 9 CFR

 313.2 Handling of Livestock.  (e) 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. GDA notified

 of the non-egregious non-compliance. 

Plant Response: reiterated with all

employees’ that work on the kill floor, the

importance of water availability at all times to the

animals. stated the plant will put a

new water line that goes to each pen that can

receive water from one turn of the spigot. Also,

the plant will chain each bucket to the wall where

it is not as likely no to be turned over by an

animal.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 111

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45200+V

45200

Makaweli

Meat

Company

FUS161

711592

1N-1

11/21/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling: 11/21/2018 On 11/21/2018,

at approximately 0600 hours, 

, informed me, 

, that I could

proceed to perform my Ante-Mortem inspection

of the livestock in the pens.  I proceeded with my

inspection and I observed a total of nine (9) cattle

in different pens.  I observed one pen had two

animals with a blue barrel, positioned at the

corner, and the inside was dry.  I continued with

my inspection and I observed seven cattle were

in two separate pens, tub position between the

pens, less than half full of water.  I notified

 that one of the pens with two animals

had an empty blue barrel for water, no access to

water, noncompliance of  9 CFR 313.2(e), and will

be documented.  asked one of the

employees to fill the blue barrel with water for the

animals.  

, was notified at approximately

0720 hours of the noncompliance. In accordance

with Code of Federal Regulations: Title 9, Part 313

(Humane Slaughter of Livestock), Section 2(e)

states:  "Animals shall have access to water in all

the holding pens and, if held longer than 24

hours, access to feed." MOI:

FUS0402044230G, Humane Handling (access to

water), dated 4/30/2018.   Establishment

Awareness Meeting with the establishment dated

5/11/2018, FUS4512053114E: Humane Handling

was discussed during the meeting by 

. Further planned corrective

actions will be addressed in response to this

noncompliance record by the establishment.

CLOSED

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

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 112

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45272+V

45272

Real Meats LLC NWJ50

101003

30N-1

10/30/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) Tuesday, October 30, 2018 at 0945 hour- After

performing ante-mortem inspection at the hog

pen, I observed the following noncompliance: On

the 4th of the 6 hogs that were stun, I observed

eye movement and labored breathing coming

from the 4th animal that was stunned.  The hog

was resting on its belly when the 1st shot was

placed to the head therefore, the animal was

already down.  The head of the hog was in a

upright position and did not drop once the shot

was placed to the head.  After further

investigation, it was determined that the animal

was not rendered unconscious from the 1st

gun shot. The person performing the stunning by

gunshot immediately applied a second shot where

the animal was then made to be insensible. I

notified Mr. Joey Long (Plant Manager) of the

noncompliance. 9 CFR 313.16(a)(1) states in

part: The firearms shall be employed in the

delivery of a bullet or projectile into the animal so

as to produce immediate unconsciousness in the

animal by a single shot. This document serves a

written notification that your continued failure to

comply with regulatory requirements could result

in additional regulatory or administrative action.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 113

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46407 Open Range

Beef, LLC

LPN401

010211

1N-1

10/09/2018 04C02 Livestock

Humane

Handling

313.1 From October 8 through October 10, 2018

 conducted an onsite

Humane Handling review of the Establishment

46407 M, Open Range Beef Humane Handling

Program. During the review the following

observations were noncompliant with Title 9 CFR

313.1(b). On October 8, 2018 during

antemortem inspection three animals were

observed to slip on the flat rubber mat in the

alleyway, one of these animals lost her footing

and fell resulting in knee contact with the ground. 

On October 9, 2018 while watching unloading,

several animals were seen to slip at the end of the

unloading ramp and then trip over the edge of the

woven rubber mat at the base of the unloading

ramp. Review of the construction and

maintenance of the facility showed that the

establishment utilized wire, consistent with baling

wire to hold the leg and belly wash hoses in place

on the fencing. The wires had worked loose, and

the free ends extended from the fence. The loose

wire extended approximately six to eight inches

from the surface of the fence and provided a

hazard to the animals held in the pen who may

have an opportunity to poke themselves with the

wires. This is a noncompliance with Title 9 CFR

313.1(a). The floor of the pens is constructed of

grooved concrete. In the pen immediately

adjacent to the unloading chute parts of the floor

of the pen are in disrepair resulting in a significant

triangular deficit in the surface of approximately

ten inches by six inches and one inch deep. This

surface deficit may result in tripping or falling for

animals held in the pen. This is a noncompliance

with Title 9 CFR 313.1(b). These observations and

the subsequent issuance of the noncompliance

report were discussed with .

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 114

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8+V8 Iowa Premium,

LLC

VSH151

410411

7N-1

10/16/2018 04C02 Livestock

Humane

Handling

313.2 On Tuesday October 16th at approximately 8:00

AM, I, was performing

HATS Category III task, food and water availability

in the barn of establishment M8 when I observed

a noncompliance. When I checked pens 4, 5, and

6 I noticed there were approximately 15 head

each in of pens 4 and 5 and the waterers were off

and held no water in them. This resulted in

approximately 30 head of cattle with no access to

water. I inquired with the 

 as to why and how long these

waterers were off resulting in cattle without

water. She informed me they were functioning

when she had left the day prior. 

discovered the water main to that section of the

barn had been turned off by maintenance to fix a

leak and had not been turned back on. She

immediately turned the water back on to those

pens restoring water to those cattle. I informed

her that this was a noncompliance with regulation

9 CFR 313.2 (e) and I would be issuing an NR for

the noncompliance.

OPEN

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 115

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46910+P

46910+V46

910

B & R Meat

Processing

XXC021

410171

7N-1

10/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

Non-compliant citation for violation of 9 CFR

313.16(a)(1) & (3) stunning effectiveness (HATS

task VIII). On October 17, 2018, at B&R Meat

Processing, establishment M46910, at

approximately 1330 hours, I, 

 observed a stun failure on a market hog

presented for slaughter. This hog was confined in

the knock box and the first stun attempt with a

.22 Cal. rifle failed. The hog was still standing

, alert and vocalizing loudly after the first shot. 

The employee immediately reloaded the rifle, and

successfully performed the stun procedure. I

visually inspected the prone carcass after the

second stun attempt for any signs of

consciousness; none were observed. This hog was

now laying on its side in a convulsive seizure; it

was not breathing and its eyes were fixed in a

blank stare. I continued to monitor this hog for

any signs of conscious during shackling, the stick

procedure and bleed-out. I informed Mr. Scott

Ridenoure, President & Plant Manager, of the stun

failure and that a noncompliance record would be

documented for the failed stun. A regulatory

control of the stun process was not taken for this

event because the immediate corrective measure

(the second stun attempt) was determined to be

effective. This document serves as notification

that continued failure to comply with regulatory

requirements could result in further

administrative actions.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 116

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP050

810561

1N-1

10/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(3) On Thursday, October 11, 2018, at approximately

0525 while verifying HATS category VIII: Stunning

Effectiveness, I, , observed

the following non-compliance.  I observed a well

fleshed steer on the floor of the shackling station

begin to regain consciousness as evidenced by

some low-level vocalization, a small amount of

eye movement, and an attempt to lift its head. 

The animal was shackled, but not yet hoisted.  The

stunning employee observed these changes and

immediately retrieved the standby captive bolt

device and administered an effective second stun,

as per the establishment’s humane handing

program.  The plant employee verified the animal

was insensible; additionally, I verified that the

second stun rendered the animal unconscious.  I

informed of the

noncompliance with 9 CFR 313.15(a)(3).  I

proceeded to apply US reject tag B36296364 to

the knock box in accordance with 9 CFR

313.50(c).   Establishments must ensure that once

knocked, animals must remain in a state of

unconsciousness throughout the shackling

process.  Upon receipt of adequate corrective

actions, the knock box was released at

approximately 0730 hours.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 117

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP280

810551

8N-1

10/16/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 10/16/2018 at approximately 0740 hours, I,

, while performing HATS

category VIII, stunning effectiveness for the

Livestock Humane Handling, observed the

following non-compliance.  A beef cow required a

second stun with a handheld captive bolt device

to properly stun the animal, after the first knock

didn’t produce full unconsciousness. After the first

stun, the cow was still rhythmically breathing with

head raising movements and rapid eye

movements.  The stunning employee took

immediate corrective action to properly stun the

animal with a second knock per the

establishment’s written humane handling

protocol.  I notified 

 of the noncompliance, and tagged the

knock box with US Reject tag No. B26818765 in

accordance with 9 CFR 313.50 (c) until the

establishment could provide corrective actions to

ensure that the first knock is effective and that

this issue would not occur again.  The failure of

the initial knock to produce immediate

unconsciousness is in violation of 9 CFR 313.15 (a)

(1).  This noncompliance is linked to a similar

stunning noncompliance that occurred on

10/11/2018, NR RAP0508105611N.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 118

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP221

410221

7N-1

10/17/2018 04C02 Livestock

Humane

Handling

313.1 On 10/17/2018 at approximately 1130 hours, I,

, observed the following

noncompliance while performing the Livestock

Humane Handling task.  I observed that the cattle

round pen (which leads into the chute to the

knock box) had a rusted/broken hole in a metal

ground plate that contained sharp jagged metal

edges, and was large enough for a cow to step

into.  The round pen was empty at the time,

though is used on all cattle slaughter days, and I

tagged the gate to the round pen with U.S.

Rejected No. B36462893.  I notified

of the

noncompliance.  As the establishment failed to

maintain the livestock pen in good repair, free

from sharp objects or unnecessary openings which

may cause injury or pain to the animals, a

violation of 9 CFR 313.1 (a) exists.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 119

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46837+P

46837

Adam Farms,

LLC

JSO511

010460

3N-1

10/03/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On Wednesday, October 3 2018, while performing

a HATS category (Stunning Effectiveness) on the

Slaughter floor at 11:20 am. The rifle being used

was a 22 magnum. I observed the first shot fired

did not stun the animal. There was blood coming

from the nose, but the animal was still standing

and alert but did not vocalize. Immediately 

 shot the animal again with the 22 Magnum

and this stun was successful. was

verbally notified of this noncompliance citing

regulation 313.16(a)(3). I placed two rejection tag

on the knock box's. One tag No. B36 243473 and

the other NO. B36 243472.

OPEN

M19290+P

19290+V19

290

Working H

Meats, LLC

NAW20

101056

15N-1

10/12/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) . HATS Category VIII-Stunning Effectiveness On

October 12, 2018, at approximately 14:38 hours, I

, observed that a hog was brought

into the knock box. The stunner proceeded to

place the captive bolt on the hog, and then the

captive bolt was shot. The stunner told the

restrainer to back up, he then picked up the 22

magnum, walked out to the alleyway leading to

the knock box and immediately re-stunned the

hog. My supervisor, , also verified this

action, and immediately went out to

seek Terrie Hardesty, the establishment owner, to

inform her that this would be documented as a

Noncompliance stunning effectiveness per 9 CFR

313.16(a)(1). This Noncompliance is being linked

to Noncompliance-NAW5012090606/1N written

September 6, 2018. The establishment’s previous

corrective actions, per owner Terrie Hardesty

stated, re-training on the placement of the shot

and chart were not effective in preventing the

noncompliance.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 120

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19290+P

19290+V19

290

Working H

Meats, LLC

NAW16

081001

23N-1

10/19/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category III-Water and Feed Availability On

October 19, 2018, at approximately 0803 hours, I

, while performing livestock humane

handling, I noticed pen 4 had no water. There

were 2 steers in the pen, they did not appear to

be in distress. The establishment employee came

out to the barn about 3 minutes later, and I

pointed out that pen 4 had no water. The

employee stated, “yes that’s what I’m about to

do.” After completing my task, I went to find the

owner, Terrie Hardesty, and explained what I had

found. I told Terrie this is a noncompliance per

9CFR 313.2(e). This Noncompliance is being

linked to NAW4909095711N-1 written on

September 6, 2018. The establishment’s previous

corrective actions, per Terrie Hardesty, that the

establishment employee would continuously

check the pens for water was not effective in

preventing further noncompliance's.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 121

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45422+V

45422

Messina Meats BEJ541

712351

0N-1

12/10/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

On 12/10/18, at approximately 0826 hours, while

performing a humane handling task, I observed a

plant employee apply water to back wool of ewe

in the knock box. The employee then took the

electrical stunning wand and placed it to the head

approximately behind the ears of the ewe. The

ewe went down in the knock box. The employee

opened the side door of the knock box and pulled

the animal into the blood pit area. The animal was

still visibly conscious. The ewe was rhythmically

breathing, and voluntarily blinked approximately

4-5 times. The plant employee quickly recognized

the animal was still conscious, reached for the

captive bolt nearby. He fired a single blow to the

back of the ewe’s head. The animal was rendered

unconscious at this time (approximately 20

seconds after the initial mis-stun). I informed Mr.

Nunzio Femino, Plant Manager, of the

noncompliance at approximately 0831 hours. 

 The findings of this observation were regulatory

noncompliance with 9 CFR 313.30(a)(1) and 9 CFR

313.30(a)(3) due to failing to render the animal

unconscious immediately with the initial

application of the electrical stunning wand. 

Failure to comply with regulatory requirement(s)

may result in additional regulatory or

administrative actions as described in 9 CFR

500.4.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 122

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48108+P

48108

Julius

Falkavage LLC

HDJ130

911001

5N-1

11/15/2018 04C02 Livestock

Humane

Handling

313.2 Upon entry of the establishment at approximately

645AM, I became aware that a holding pen of 6

market swine had no water to drink. Immediately

I notified of the non-compliance

 explained that he put water in a white

tube with a metal drinking apparatus the day

prior but this unit was frozen solid.  A green

plastic container normally used for water was

empty lying in the pen corner.  The 6 market

swine were held over night. This is a

non-compliance with 9CFR 313.2e HATS category

III Water and Feed Availability. Upon notification

of the non-compliance a small red container of

water was given to the market swine at

approximately 0710AM.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 123

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46877+P

46877

Seven Hills

Abattoir

NOA40

101238

18N-1

12/18/2018 04C02 Livestock

Humane

Handling

313.1 On December 18, 2018 while performing the

review and observation component of HATS

Category 7: Slips and Falls within the humane

handling task, observed the

movement of 22 cattle in the pen system and 11

cattle in the chute and knock box. Of the 22

animals observed moving through the pen system,

two cattle fell while being moved at a normal

walking pace. The cattle slipped trying to get back

up but eventually got their footing and continued

moving. The establishment employee did not

move the animals with excessive excitement,

prodding, or alternative objects. Of the 11 cattle

observed being moved into the knock box and

standing prior to stunning, 2 animals lost their

footing completely and fell (one ended up sitting

and not attempting to re-stand), and 4 others

slipped. The knock box flooring is a sloped brick

floor that is slick when wet. The pen system has a

smooth concrete floor. This is a non-compliance

with 9 CFR 313.1 which requires facilities to be

constructed and maintained to provide good

footing for livestock. verbally

informed the plant manager, Dalton Mosser, of

this non-compliance. Plant management was

notified both verbally and in writing of this

non-compliance.

CLOSED

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 124

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP130

812101

4N-1

12/14/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0600, during an odd-hours

humane handling inspection; while observing

HATS Categories II Truck Unloading and VII

Observation for Slips and Falls; I, 

, observed a trend of market hogs slipping

on the unloading ramp.  The ramp is constructed

of wood with 2X4s providing cleats spaced

approximately 18 inches apart.  During unloading,

the wood was wet, and hogs were slipping on the

wooden surface between cleats. 

Near completion of the unloading of the

trailer, three hogs were observed to slip and fall. 

No animals were injured. This is noncompliance

with 9 CFR 313.1(b) which requires that floors of

ramps be constructed and maintained to provide

good footing. The unloading ramp was rejected

with U.S. Reject Tag # B35822861 pending

corrective actions.  The establishment's animal

handlers were notified of the rejected ramp and

Plant Manager Andy Zubek was notified of the

rejected ramp and NR.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 125

EstNbr EstName NR# Date Task TaskName Regs Description Status

M157+P15

8+V157

Sailer's Food

Market and

Meat

Processing, Inc.

MKU25

121112

21N-1

11/21/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 11/21/18 at approximately 0905 hours, I,

, was performing a Humane Handling

Category VIII (Stunning Effectiveness) Task. An

establishment employee attempted a head stun

on a beef steer in the restrainer by discharging the

captive bolt in the forehead area of the steer.

After the captive bolt was discharged, it appeared

to have no effect on the animal, as the steer

remained standing and fully conscious. The steer

did not vocalize during this time and did not

appear agitated. The establishment employee

immediately grabbed a rifle and applied an

effective stun, rendering the animal unconscious.

The establishment employee administered a

security stun to the forehead of the steer after the

effective stun.  also

observed the non-compliance. This is a

noncompliance with 9 CFR 313.15(a)(1)

 informed Establishment Owner

Jake Sailer of the noncompliance and issuance of

the noncompliance record. After Mr. Sailer

provided verbal corrective actions and preventive

measures, slaughter activities were resumed.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 126

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48184 Hawaii Island

Meat

Cooperative

GHV22

131205

14N-1

12/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 12-13-2018 at approximately 7:45am I,

 while performing Livestock Humane

Handling Task I observed the first sheep of the day

was restrained and the plant employee proceeded

to stun the sheep with the hand held captive bolt

gun. Post stunning the sheep showed signs of

consciousness with natural blinking, no

vocalization was made. The Establishment made

immediate corrective actions and applied a

second stun by reloading the captive bolt gun and

administering a second stun. After the second

stun the sheep was rendered unconscious. I, 

 informed 

that a humane handling noncompliance record

(NR) was going to be issued for this event

 observed the head of the first sheep at

post mortem and concluded that the location of

the knock was administered too low, which

caused the deviation.  corrective

action was to administer the remainder of the

stuns for the rest of the day himself (which were

all successful and monitored for effective stuns).

The Establishment plans on adding a sheep

stunning location diagram to their HACCP Plan so

establishment employees can review the proper

placement procedures. There have been no

associated noncompliance records with same root

cause within the past 90 days.

CLOSED

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

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 127

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45856+V

45856

Prime Pork LLC ODB33

151258

21N-1

12/21/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III. At approximately 1148 hours

while preforming ante-mortem inspection, I

noticed that pen 23 (tattoo 3890) arrived at 1128

on the previous day (12-20-2018) according to the

livestock pen card, and there was no visible feed

in the pen.  I continued a HATS task (Category III)

started earlier this morning and 

had confirmed that pen 23 had not been fed and

there was no record of feeding pen 23.  Pen 23

was held longer than 24 hours and not given

access to feed and , ,

and were

notified of this noncompliance. Yards personnel

immediately provided 50# of feed to the pen of

pigs, as they were not slated to be slaughtered

until later this afternoon. Not providing animals

with feed if held longer than 24 hours in a

noncompliance with 9CFR 313.2(e).

CLOSED

M45919+P

45919

Circle C Farm

Abattoir &

Butcher Shop,

LLC

QWL27

121200

14N-1

12/13/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

While doing a routine inspection for the PHIS

Humane Handling task on 12/13/18 at

approximately 10:45 AM an noncompliance was

observed. On the 5th lamb of 6th that were

slaughter during this date, the establishment

slaughter guy did not produced immediately

unconsciousness to the lamb after the first shot

during ante-mortem. The animal was being

stunned by gun shot when it moved it head just as

the shot was being applied. The lamb went

down after the first shot but continue it to have

rhythmic breathing and moving it neck up right.

The establishment employee immediately applied

a second shot to the lamb to made it insensible;

this second shot was effective and the animal got

unconsciousness. This is a noncompliance with

the 9 CFR 313.16(a)(1) that state: The firearms

shall be employed in the delivery of a bullet or

projectile into the animal so as to produce

immediate unconsciousness in the animal by a

single shot before it is shackled,hoisted, thrown,

cast, or cut. The establishment owner Mr.

Manuel Cruz was notified for this noncompliance.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 128

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48210 Summit Meat

Processing

SLG450

510060

5N-1

10/03/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 7:30 on 10/03/2018 a beef and

pens with four lambs were observed without

access to water.  Slaughter personnel were

notified and water was placed in pens. 

. owner was notified that animals must

have access to water at all times and feed if held

over 24 hours. Category III - Water and Feed

Availability (9 CFR 313.2): Under this category, IPP

record their verification of the establishment?s

compliance with 9 CFR 313.2(e), which requires

that water be available to livestock in all holding

pens, and that animals held longer than 24 hours

have access to feed.

CLOSED

M45928+P

45928

Central

Missouri

Meat &

Sausage

CRN071

612432

6N-1

12/26/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III- Water Availability On

December 26th, 2018 at approximately 15:30

hours while performing a routine Humane

Handling Verification Task, I 

observed the following noncompliance.  In the

holding pen, swine that was being held for the

following day’s inspected slaughter did not have

access to water. I observed the nipple type

waterers on both sides of the pen were turned off,

and there was no other source of water for the

livestock in the pen. I immediately notified an

establishment employee of the noncompliance

and the establishment employee turned the water

on. I verbally notified Establishment Owner Cory

Hawkins of the noncompliance and that a

Noncompliance Record would be issued. This is a

failure to meet the regulatory requirements of 9

CFR 313.2(e); all livestock must have water at all

times. After reviewing the records for the previous

90 days, no associations can be made at this time.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 129

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL371

410551

6N-1

10/16/2018 04C02 Livestock

Humane

Handling

313.2 Category III – Water and Feed Availability;

Category IV – Antemortem Inspection; Category

III – Water and Feed Availability On Tuesday

October 16th, 2018 at 1325 hours, I, 

, while performing a routine ante

mortem inspection observed the following

noncompliance.  On this date, Establishment

management personnel requested ante mortem

inspection to be performed on one lot of beef

cows.  The pen contained hay and six barrels for

water, three on each end of the pen.  All six water

barrels were found to be dry and void of any

water.  Plant management personnel stated the

water buckets had been filled this morning and

they would get them immediately refilled.  I then

notified the

 of the

non-compliance and that an NR would be issued. 

A review of previous non-compliances in the last

90 days found no other similar non-compliance.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 130

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL290

912480

5N-1

12/04/2018 04C02 Livestock

Humane

Handling

313.2 On 12/4/18 at approximately 1215 

was

asked verbally by the knocker to do an AnteMortem on 2 lots of cattle. After donning his

coat, preceded to the holding pens to

perform Anti-Mortem at approximately 1220. 

Upon viewing the Plants watering system for the

animals observed that all the water

barrels were frozen. Thus; not giving the animals

the ability to use the water when they needed it.

 informed the plant designee of the

inability of the animals to use the water barrels

since they were not being maintained properly.

Which mandated a non-compliance.  

performed the Anti-Mortem as requested, then

preceded in to the Knock box area. Mr. Tom

Claycolm, Plant Manager was Notified promptly

at 1228 and asked to halt production until the

water issue was resolved. This was about 2

minutes down time since the plant was going to

lunch at 1230. There was a regulatory control

action taken and retain/reject tag B40246029 was

applied to the knocking area. then

informed of the

situation. When asked for a corrective action,

 stated; “that he would work with the

designee that checks the water for the rest of the

day”. The regulatory control action was

removed at 1245 after and 

verified that the animals had water. The plant’s

Animal Handling Plan States;

 The plant’s

Operation Water Log had an entry for 1225 that

was acceptable for water at that time; IPP found

the deficiency at 1225. Further preventative

measures given by were; “we are

installing heated water troughs when we add the

new concrete in the pens”. There has been 1

similar non-compliance (AKL3714105516 dated

10/16/18) observed by the inspection staff in the

preceding sixty days. The plant’s monitoring

CLOSED

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

(b) (6)

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

(b) (4)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 131

EstNbr EstName NR# Date Task TaskName Regs Description Status

system was inadequately implemented and failed

to detect this Humane Handling deficiency. The

Plants previous corrective actions and further

preventative measures were either ineffective or

poorly implemented.

M48219+P

48219

Panola County

Processing LLC

QGD21

161230

20N-1

12/20/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(ii)

On 12 20 18, at approximately 0955 hours, I

observed the following noncompliance: I observed

an employee attempt to poll stun an animal

(cow). The employee positioned to stun the

animal using a captive bolt gun and the gun

mis-fired. The skull was not penetrated. The

employee attempted to stun the animal with the

same captive bolt gun a second time and the gun

mis-fired again. The animal was alert (looking

around) during the first two stunning attempts.

On the third attempt the gun fired correctly and

the animal was immediately rendered

unconscious. There was no attempt to utilize the

backup captive bolt gun or .410 rifle which is

available to the kill operator. Also, there was no

supervisor present during the stunning attempts. I

verbally notified of the

incident. stated, “Sometimes the gun

will get wet and it will cause the gun to mis-fire.” I

requested records from , to

determine when the last time maintenance was

done on the guns. The last maintenance on the

guns was performed on 12 19 18, with no repairs

documented. The establishment is reminded

animals must be shot in such a manner that they

will be render unconscious with a minimum of

excitement and discomfort.  The establishment

hasn’t had any humane handling issues in the last

90 days. The establishment failed to comply with

9 CFR 313.15(b) (1) (ii) which states, "stunning

instruments must be maintain in good repair."

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 132

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46011 Homestead

Farm and

Packing, LLC

KHO06

121102

01N-1

11/01/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII – Stunning Effectiveness – On

the above date, at approximately 7:35 A.M., I

observed the following noncompliance while

performing a routine Humane Handling task. 

After loading a swine into the stunning box, 

 1st gunshot was unsuccessful in

rendering the animal unconscious.  He took

immediate action by firing a 2nd gunshot that did

immediately render the animal unconscious.  I

immediately notified of this

noncompliance.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 133

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51283 Dean & Peeler

Meatworks LLC

YWH24

091117

09N-1

11/05/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3),

313.16(a)(1),

313.16(a)(3)

At approximately 9:45 AM on Monday November

5th, 2018 while on the kill floor, I observed 

deliver an ineffective stun with the captive

bolt on a sow. The captive bolt jammed and he

immediately proceeded to use the .38 in which

the 2nd and 3rd knock were unsuccessful. He then

delivered a 4th knock which then rendered the

sow unconscious. The establishment has a Robust

Systematic Approach to Humane Handling with all

records of maintenance of captive bolt and .38,

personnel training, and assessment of facilities

and personnel to determine that they have the

knowledge, skills, and abilities necessary to

minimize distress and injury to livestock. However,

due to this incident, establishment will have to

put corrective actions in place to prevent this

issue from reoccurring and thus render livestock

unconscious immediate and effective

 was notified and 

 was notified and later arrived at

establishment.   The above issues were not in

compliance with the following regulations from 9

CFR: § 313.15(a)(1) Mechanical; captive bolt.

“The slaughtering of sheep, swine, goats, calves,

cattle, horses, mules, and other equines by using

captive bolt stunners and the handling in

connection therewith, in compliance with the

provisions contained in this section, are hereby

designated and approved as humane methods of

slaughtering and handling of such animals under

the Act...The captive bolt stunners shall be applied

to the livestock in accordance with this section so

as to produce immediate unconsciousness in the

animals before they are shackled, hoisted, thrown,

cast, or cut. The animals shall be stunned in such a

manner that they will be rendered unconscious

with a minimum of excitement or discomfort.”

§ 313.15(a)(3) Immediately after the stunning

blow is delivered the animals shall be in a state of

complete unconsciousness and remain in this

condition throughout shackling, sticking, and

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 134

EstNbr EstName NR# Date Task TaskName Regs Description Status

bleeding.  § 313.16(a)(1) Mechanical; gunshot “ ”.

The firearms shall be employed in the delivery of a

bullet or projectile into the animal in accordance

with this section so as to produce immediate

unconsciousness in the animal by a single shot

before it is shackled, hoisted, thrown, cast, or cut.

The animal shall be shot in such a manner that

they will be rendered unconscious with a

minimum of excitement and discomfort. 

§ 313.16(a)(3) Immediately after the firearm is

discharged and the projectile is delivered, the

animal shall be in a state of complete

unconsciousness and remain in this condition

throughout shackling, sticking, and bleeding.

M46081+P

46081

Foster's Meat WLD27

121251

20N-1

12/20/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On the afternoon of December 20th, 2018 at

establishment 46081 in Duncan, South Carolina, I

performed the USDA, FSIS Livestock Humane

Slaughter task.  I was accompanied by

 of the FSIS Atlanta District Office. 

At approximately 1240 hours, an establishment

employee used a .22 Magnum rifle to stun a

medium size (market weight) hog.  The first shot

employed was not completely effective in

rendering the animal fully unconscious.  It

remained upright.  Establishment personnel took

immediate and effective corrective action by

employing a second shot, which rendered the

animal unconscious.  Post mortem examination of

the carcass revealed two entry points.  This

scenario represents noncompliance with

applicable regulation(s), cited in block six of this

report, which serves as notice and record of such. 

The matter was discussed with owner/operator

Jennifer McAbee.  Continued failure can result in

additional regulatory or administrative action(s). 

The method to appeal an Inspection Program

Personnel (IPP) decision is described in 9 CFR

306.5 and 381.35

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 135

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48260 Walhalla

Valley

Smokehouse &

Market, LLC

YSX281

411270

8N-1

11/08/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III- Water and Feed Availability (9

CFR 313.2)   On November 7, 2018 at

approximately 1325 hours, while conducting an

antemortem inspection of the holding pens at

Walhalla Valley on a slaughter day, 

 and I, 

observed that Pen 1 which was occupied by one

pig, did not have water available to the animal.

There was no water bucket in the pen. In

accordance with 9 CFR 313.2(e) water must be

available to livestock in all holding pens

notified Kurt Morrill, Plant Manager, of the

noncompliance at the time of the incident. This

noncompliance represents a failure of the plant to

demonstrate it is implementing a robust humane

handling plan. Further noncompliance may result

in regulatory control action.

CLOSED

M46085+P

46085

Stevens

Abattoir Inc.

CXM49

131212

13N-1

12/13/2018 04C02 Livestock

Humane

Handling

313.1 Category: Water and Feed Availability While

conducting a humane handling inspection at

Stevens' Abattoir at approximately 10:00am on

December 13 the following non compliance was

observed. The animal that was held overnight did

not have access to water. No regulatory control

action was taken due to Darren, the owner,

immediately filling the water trough with water. 

Plant owner, Darren Stevens, was notified of this

non compliance and failure to comply with 9 CFR

313.1.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 136

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48264 Southwest

Native Meats

GDB081

211402

3N-1

11/23/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III:  Water/Feed Availability:  9CFR

313.2(e), On November 23, 2018 at

approximately 10:30am, while conducting a

routine Humane Handling Task at Establishment

#48264, Southwest Native Meats, the following

noncompliance was observed:  

observed there was no water in the pen where

there were 3 sheep held.  verbally

notified establishment manager Franco Lee of the

noncompliance with 9CFR 313.2e.  Mr. Lee

immediately took action by moving the sheep to

another pen that had water and informed 

 that the reason there was not any

water was due to the water hose was busted

because of low temperatures.  

and had discussed the importance of

water and food being available to livestock the

week prior 11.12.18 to 11.16.18 and the

conversation was documented in weekly meeting

MOI GDB5608113919G.

OPEN

M51309+V

51309

Texas Packing

Co.

OLR571

611321

2N-1

11/12/2018 04C02 Livestock

Humane

Handling

313.50 On Noverber-12-2018, while touring the holding

cattle pens at approximately 1312 hours the

following non-compliance was observed; Nine of

the cattle holding pens were observed to have

stagnant water in them. all of the cattle in  these

holding pens were observed to be knee deep

(approximately 8 to 12 inches) in the

wet saturated ground. The cattle that were

resting, were resting in wet muddy soil. These

cattle were immediately moved to a drier holding

pen, to allow the reconditioning of these wet

saturated pens. and

 were notified of the non-compliances

and that a NR would be issued. This is a violation

of title 9 CFR part 313.

CLOSED

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

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 137

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51309+V

51309

Texas Packing

Co.

OLR161

711481

5N-1

11/15/2018 04C02 Livestock

Humane

Handling

313.1 On November-15-2018, at approximately 1035

hours while performing beef cattle anti-morten

inspection the following non-compliances were

observed; Several cattle holding pens, loaded

with cattle, were observed to have no water

available to these cattle. Cattle pens #s 13, 28, 30,

31, & 35 were rejected because of no water

available. Title 9 CFR part 313 requires animals to

have access to water in all holding pens. Also all

of the cattle holding pens at this establishment

did not have any feed available to the cattle

stationed in these pens. These cattle were held in

these cattle pen with no feed over the 24 hour

required time frame. 

and Plant Manager- Rean Brooks were notified of

the non-compliance and that a NR would be

issued. The unloading dock was rejected using

Reject/Retain tag # B35543744 until the feed and

water could be provided to all the  cattle holding

pens. This is a violation of Title 9 CFR part 313.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 138

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46117 McLamb's

Abattoir &

Meats, Inc.

ONM05

081128

06N-1

11/05/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 While I was performing the observation

component for Humane Handling Category II

inspection verification task at approx. 2:00pm, I

observed the following noncompliance during the

unloading process: As I was observing the

unloading of 60 small swine (approx. 70lbs) off a

gooseneck trailer I observed an approx. 3" gap

from the holding pen unloading ramp to the floor

of the gooseneck trailer (trailer was off center

from ramp). I observed 4 swine drop their hind

legs in the void and the swine climbed back out

with minimal excitement and were not hurt (not

vocalized). I immediately requested 

 to stop the unloading process and he

immediately halted the operation and took

implemented immediate corrective actions and

brought the situation back into compliance. The

wooden holding pen's unloading ramp also has

a loose wooden cleat (approx. 3' wide by 2"

square). One end is totally loose from the ramps

frame. I notified and 

of the noncompliances and of the failure to meet

regulatory requirement 313.1 & 313.2. I did not

take a regulatory control action due to the

immediate corrective actions management

implemented.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 139

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46139+V

46139

Cypress Valley

Meat

Company 1,

LLC

UIV171

110123

1N-1

10/31/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On 10/31/18 at approximately 0959 hours, while

performing a Routine Humane Handling

Verification Task for the HATS Category VIII

Stunning Effectiveness,  using the Review and

Observation component, the following

noncompliance was observed:  A steer was in the

knocking box and would not be still.  The

employee was patient and tried to get an accurate

shot with the .410ga shotgun, waiting

approximately 10 to 20 minutes prior to taking

the shot.  The first shot did hit the animal but he

continued to stand with his eyes wide and head

moving about.  The employee reloaded the

firearm and administered a second shot; the

animal dropped and showed no further signs of

consciousness.  The knocking box was tagged with

US Reject Tag # B42001448 and after consulting

with the , the

incident was determined to be noncompliance. 

The tag was removed and slaughter process was

released at approximately 1034 hours.  Mr. Chris

Shaw, Plant Manager was verbally notified of this

noncompliance.

OPEN

M48277 WJ

Wainwright

and Son, Inc

YAQ431

211300

6N-1

11/06/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 6:45 AM while performing

ante-mortem the following Humane handling

non-compliance was observed: In pen 2 there was

2 swine with no access to water, in pen 3 there

was 1 swine with no access to water and in pen 4

there was 1 swine with no access to water.  These

pens did have water that was located in buckets

that were hanging up high as these pens are

normal used for cattle. The water was dripping

from the buckets but this was not sufficient per

the visiting veterinarian. This is a failure to comply

with Regulation 313.2(e). Troy Wainright, Plant

Manager was notified both verbally and with this

written NR that this noncompliance exists.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 140

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46172+P

46172+V46

172

JM Watkins,

LLC

IGT550

810562

5N-1

10/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 10/23/18 at approximately 0750 hours, I, 

, was performing a Humane

Handling Category VIII (Stunning Effectiveness)

Task when I observed the following

noncompliance. An establishment employee

attempted a head stun on a beef steer in the

restrainer by discharging the captive bolt in the

poll area of the steer. The shot sounded muffled.

After the captive bolt was discharged, the steer

remained standing and fully conscious. The steer

did not vocalize during this time and did not

appear agitated. The establishment employee

immediately used a backup rifle and applied an

effective stun, rendering the animal unconscious. I

tagged the knock box with U.S. Reject tag NO.

B38122842. During post mortem inspection, I

viewed the head of the steer before the hide was

removed and observed a hole in the skin of the

poll and a hole in the forehead of the steer. After

the head was skinned, I observed the poll area and

did not observe any holes that penetrated the

skull. This is a noncompliance with the regulatory

requirements of 9 CFR 313.15(a)(1). I informed

Establishment Owner Brandon Clare of the

noncompliance and issuance of the

noncompliance record. Mr. Clare provided verbal

corrective and preventive measures, and I

removed the U.S. Reject tag and slaughter

operations resumed. A similar noncompliance

was documented on 9/24/18 on

NR#IGT2810090524N for an incident that

involved the ineffective stun of a bovine with a

hand-held captive bolt device. The establishment’s

preventive measure of buying new captive bolt

cartridges and repackaging them in smaller,

vacuum packed packages with desiccants was

ineffective to prevent the noncompliance from

recurring.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 141

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46240 Light Hill

Meats

MKE12

091003

29N-1

10/29/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling Activities Tracking System

(HATS) Category III - water and feed availability 

At 0730 hours on October 25, 2018, while

performing a Humane Handling Verification task,

FSIS observed 2 water barrels to be empty in a

pen holding 10 market swine. This is in violation

of 9 CFR 313.2(e) which states that animals shall

have access to water in all holding pens. Plant

Manager Jennifer Spray was notified verbally and

in writing concerning the issuance of this NR.

CLOSED

M46240 Light Hill

Meats

MKE54

071255

14N-1

12/14/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling Activities Tracking System

(HATS) Category III - Water and Feed availability 

On the morning of December 14th, 2018, while

performing an Odd Hour Humane Handling

Inspection task, FSIS observed the water barrels to

be empty in a pen holding 4 market swine.  This is

in violation of 9 CFR 313.2(e) which states in part

that animals shall have access to water in all

holding pens.  Plant Manager Jennifer Spray was

notified verbally and in writing concerning the

issuance of this NR.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 142

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46297 Lockhart Meat

Company

CPO301

612351

7N-1

12/17/2018 04C02 Livestock

Humane

Handling

HATS Category VIII: Stunning Effectiveness On

December 17, 2018 at approximately 1230 hours,

I, , while performing a routine

Livestock Humane Handling Task HATS category

VIII, Stunning Effectiveness, at Est.46297 Lockhart

Meat Company observed the following inhumane

event. The last slaughter animal for the day was

an adult bull.  The establishment uses a knock box

with a head restraint and the preferred method of

stunning is a captive bolt gun. Due to the size of

the bull, the head restraint would not be useable. 

, decided not to use the

captive bolt but instead he brought out a pistol (a

357 magnum).  I stepped into the processing

room, adjacent the slaughter floor, before

 attempted to stun the animal. After I heard

the firearm go off, I went into the doorway of the

slaughter room.  The first stunning attempt did

not render the animal unconscious.  The bull was

still standing.  The bull did not vocalize or show

signs of distress.   made a second

stunning attempt with the same firearm, which

immediately and effectively rendered the bull

unconscious. Upon inspection of the skull, both

stunning penetrations appeared to be slightly off

center. No regulatory control action was taken

due to observation of corrective actions.  I

contacted the Denver District Office through

supervisory channels. I informed that a

humane handling noncompliance record would be

issued. There are no associated noncompliance

records of same root cause within the past 90

days.

CLOSED

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 143

EstNbr EstName NR# Date Task TaskName Regs Description Status

M35 Rantoul Foods

LLC

KLI3213

103810

N-1

10/10/2018 04C02 Livestock

Humane

Handling

313.2 HATS V: Suspect and Disabled On 10/10/2018 at

approximately 1127 hours while performing HATS

V: Suspect and Disabled, I, 

, observed a barn employee driving

approximately 40 head of market hogs from the

scale to the front area of the back alley.  One of

the hogs was non-weight bearing on the right hind

leg (broken) hobbling behind the normal

ambulatory hogs and open mouth labored

breathing.  The barn employee continued to drive

it with the rest of the hogs.  I intervened and

informed the employee that the hog in front of

him has a broken leg.  He replied that he was

instructed by his boss that if they are moving to

keep them moving.  I instructed him to segregate

the hog.   was

notified of the noncompliance and the failure to

meet the regulatory requirements prescribed in 9

CFR 313.2(d)(1) and 313.2(a). No similar

noncompliances were documented in the past 90

days.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 144

EstNbr EstName NR# Date Task TaskName Regs Description Status

M35 Rantoul Foods

LLC

KLI4707

113424

N-1

11/23/2018 04C02 Livestock

Humane

Handling

313.1 On 11/23/18 at approximately 0904 hours while

performing ante-mortem inspection, I observed

the following noncompliance: The exit gate to

pen 22 was open and several market hogs from

lot #607 were walking out into the alley that leads

to the stunning area. They were contained in a

compartmentalized section of the alley with two

closed gates. There were already hogs from a

different lot in that sectioned part of the alley that

had passed ante-mortem inspection. I had not

performed ante-mortem inspection on the hogs in

pen 22 yet. I closed the gate to pen 22 and

verified that the gates were closed on either side

of that sectioned alleyway. I re-inspected the hogs

in the compartment and the hogs in pen 22. I

placed a US rejected tag on both the entrance

#B34786139 and exit #B34786140 of pen 22. I

notified and 

 of the noncompliance.

They requested maintenance to repair the pen

gate. Once the gate was repaired, I removed the

tags. The establishment failed to meet the

regulation requirements of 9CFR 313.1: “Livestock

pens, driveways and ramps shall be maintained in

good repair.” Had those hogs not been contained

in the alleyway and were led to the stunning area,

they would not have had antemortem inspection.

We would have had to rely on their tattoos to

determine which hogs belonged to lot #607 and

would need to be condemned.

CLOSED

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-143 10:47 Wednesday, March 20, 2019 145

EstNbr EstName NR# Date Task TaskName Regs Description Status

M35 Rantoul Foods

LLC

KLI3512

120407

N-1

12/07/2018 04C02 Livestock

Humane

Handling

313.2 HATS IV: Handling during Antemortem Inspection 

On 12/7/2018 at approximately 12:05 PM, while

performing antemortem inspection, I heard

increased vocalization from hogs in the alley

leading to the I observed multiple groups

of hogs climbing on each other and the gate

behind them, while vocalizing, as the overhead

gate came toward them. One of the hogs, while

still standing on only its hind legs, was

temporarily pinned after the gate made contact

with it. was

notified of the noncompliance and the failure to

meet the regulatory requirements prescribed in 9

CFR 313.2.

CLOSED

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