Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 1

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25 M21898 Farmers Union Industries, LLC OXG36150

41919G

19APR2019 04C02 Livestock

Humane

Handling

Finalized On 4/17/2019, at approximately 0630, I observed

antemortem handling of hogs during antemortem

inspection.  The establishment’s barn employees

were attempting to move a full pen of hogs for

antemortem inspection.  The hogs were laying in

the pen with very little extra room available.  The

establishment employees used rattle paddles to

wake and move the hogs at one end of the pen. 

The hogs were then driven toward the other end

of the pen, over those hogs that were still laying

down.  Given the high number of lame, ill, injured,

and down hogs, it is not possible to know if the

hogs laying down are non-ambulatory disabled. 

Many of the hogs require additional time to rise

or need physical assistance.  9 CFR 313.2(a) states

that driving of livestock...shall be done with a

minimum of excitement and discomfort to the

animals.  Additionally, 9 CFR 313.2(d)(1) states

that disabled animals and other animals unable to

move shall be separated from normal ambulatory

animals.  My concerns with driving hogs in such a

way as to allow them to be stepped on was

discussed with and the

barn employees.  We discussed ways that this

problem could be prevented, including moving

hogs to another pen for antemortem inspection,

moving hogs by remaining outside the pens and

reaching over the walls with the paddles, or

decreasing stocking density.  The long, narrow

pens that are stocked to the maximum number do

not allow the hogs to move away from the

employees in a normal flocking motion.  The lack

of separation of lame hogs from the rest of the

groups contributes to the handling issues.  I had

fewer concerns at subsequent antemortem

inspections on 4/17/2019 as the employees used

the new techniques to move the hogs. On

4/18/2019, at approximately 1300, I again

observed antemortem handling of hogs during

antemortem inspection.  While the barn

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 2

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employees were reaching over the walls from an

adjacent pen to move the hogs, they were still

moving them in a way that forced the hogs to

walk over each other to avoid the employees and

resulting in all the hogs piled at one end of the

pen.  I again discussed my concerns with 

 and later with 

.  I reiterated the necessity to protect

the hogs that are disabled from potentially being

trampled or crushed.  stated that he

would discuss the issue with the facility manager

to develop solutions.   Antemortem handling

improved on 4/19/2019, with the barn employees

moving hogs to adjacent pens for antemortem

inspection.  stated that he informed

establishment management of the humane

handling concerns. Additionally, at 1530, while

walking back from antemortem inspection with

, I observed an employee use and

electric prod on a hog in the chute to the stunning

conveyor at least five times in succession.  I told

 and the employee that it was

unacceptable to repeatedly use an electric prod

on a hog.  9 CFR 313.2(b) states that electric prods

shall be used as little as possible in order to

minimize excitement and injury.

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

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 3

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25 M2460 Cimpl's, Inc. PMB38070

65325G

25JUN2019 04C02 Livestock

Humane

Handling

Finalized On June 19, and I

 were performing a

walk-through of the barn when we found the

following maintenance concerns: 1. Gates to pens

15 and 16 had rusted piping, no sharp edges

noticed. 2. The gate separating pen 3 and 6 had

rusted and broken piping. 3. The concrete footing

for a support beam between pens 13 and 15 had

much of the concrete missing. 4. Bent piping on

the gate the separates the front and back of pen

14. 5. Broken welds on the crowd gate to the

circle tub. No sharp objects were noticed.

15 M27440 Valley Beef, Inc. VEJ591404

3425G

25APR2019 04C02 Livestock

Humane

Handling

Finalized At 1050 on April 15, 2019, performed

ante-mortem on a small lot of cattle from the

overhead catwalk at M27440.  A Holstein cow,

backtag #4741, that had been previously reviewed

earlier in the day, was the only cow waiting in the

raceway leading to the stun box.  There was fresh

blood on the floor and along the one solid wall of

the raceway, as well as on the cow’s tail,

hindlimbs, and udder.  The cow’s tail was

fractured with exposed bone. 

performed the ante-mortem assessment on the

lot this cow arrived in at 0840 on April 25, 2019. 

 does not recall this cow with an injury

to its tail nor that this cow was bleeding.  The

cause of the injury could not be determined, and

the animal was slaughtered and processed per

normal procedures. The operator must ensure

facilities are maintained in good repair and are

free of objects which may cause injury or pain to

the animals.  Handling of livestock, from receipt

through slaughter, must be done with a minimum

of excitement and discomfort.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 4

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35 M320M Smithfield Fresh Meats Corp. VWK48080

61806G

06JUN2019 04C02 Livestock

Humane

Handling

Finalized A meeting was held to discuss the ante mortem

procedures at establishment 320M, Smithfield

Foods, on May 23, 2018 at 12:30 pm. The

following people were in attendance: Smithfield 

Tim Messman, Plant General Manager 

 

 

 

 Through collaboration and

discussion, the following guidance document was

produced: ANTE MORTEM INSPECTION

PROCEDURES for 320M MILAN, MISSOURI 

05/23/2019 All ante-mortem inspections

procedures will be conducted in accordance with

FSIS Directive 6100.1 Rev 2, “Ante-Mortem

Livestock Inspection.” Pre-shift antemortem

inspector will begin donning at 0530 hours.  A

plant employee will accompany the inspector on

antemortem inspection to ensure all animals can

be observed at rest and 10 % in motion.   

Antemortem inspection may be performed in

pens 1-12 A, 1-12 B, 13, 14 B, 1-12 C, 1-12 D, Hall

B, and Hall C.  Inspectors should perform

antemortem in designated pens only, not

‘alleyways’ or ‘walkways’.   Inspectors are not to

enter areas with animals in them, or traffic

through areas where animals are being driven.

The establishment should provide safe access to

all pens needing inspection so that 100% of

animals can be observed at rest and 10% in

motion. This is in accordance with FSIS Directive

6100.1 Rev. 2 Section V.  Any animals placed into

the Recovery Pen are intended for veterinary

disposition only and cannot be inspected and

passed by any other FSIS personnel. Once

animals are presented for inspection they are no

longer eligible for resale. Any animals intended to

be “resales” should be segregated prior to

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 5

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inspection, in accordance with FSIS Directive

6100.1 Rev 2 Section XI.  Once animals have

passed ante mortem inspection and the pen card

has been signed, the establishment is responsible

for maintaining identity in accordance with FSIS

Directive 6100.1 Rev. 2 Sections VI and VII.  Either

a tattoo (lot) number or a pen number may be

used to maintain identity. If previously inspected

and passed animals need to be moved to a new

pen and they do not have a tattoo, the

establishment has two options.  a.The animals

may be presented for reinspection in the new

pen.  b.The establishment may notify the offline

inspector and present the already signed pen card

with both the old pen number and the new pen

number to be initialed by the inspector prior to

moving the animals from the pen.  These

procedures and guidance are intended for normal

operations with a focus on a safe and orderly

process. They may be subject to modification on

an as-needed basis due to extenuating

circumstances, such as severe weather or humane

handling concerns.
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 6

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25 M34384 Elkton Locker and Grocery, Inc. TLN360806

2219G

19JUN2019 04C02 Livestock

Humane

Handling

Finalized On Monday, June 17th, during a DVMS follow-up

verification visit, irregular post-stun movements

were observed on the third sheep. The

movements included movements of the chest and

abdominal wall that were suggestive of rhythmic

respiratory efforts and head and neck movements

that mimicked a righting reflex. There was not a

progression of signs signaling an imminent return

to consciousness. A review of all four sheep heads

revealed a consistent projectile path the only

barely impacted the very front of the brain and in

the case of the third sheep, the projectile path

missed the brain by approximately 1 cm. The

head catch in the knocking chute causes the head

of sheep to be held in a very acute angle with the

plane of the poll to nose being almost vertical.

Consequently, the rifle needs to be held an at

upward angle in a confined area. Based on these

findings, FSIS IPP suggest continued ongoing

review of split heads to monitor projectile paths

so any changes in stunning technique or

ammunition that may cause altered penetration

can be identified and addressed.
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 7

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Code TaskName Status MOI Agenda

05 M400 Los Banos Abattoir ZJG291805

2010G

10MAY2019 04C02 Livestock

Humane

Handling

Finalized Food Safety and Inspection Service Albany

District 800 Buchanan St. Albany, CA 94710 

Phone: (510) 769-5712 Fax: (510) 337-5081 

To:  From

 Location:  HACCP

Office Date: May 10, 2019 Subject: Humane

Handling MOI On Thursday,  May 9, 2019 at

approximately 10:05, informed

 about 2 heads that were stunned

multiple times. She informed of her

hearing 2 stuns while on the kill floor and other

plant employees crowding around near the dry

landing area. observe the first head

had one stun between both eyes (normal

location) and one stun at the nuchal crest. The

second head had two stuns between both eyes

(normal location) and 2 stuns at the left side of

the frontal bone. The stunner informed 

 that the cows were wild. 

suggested to 

, to have the stunner wait until the

cows calm down before applying the stun.

Therefore, the first stun can be efficient. Since

 was not aware of any evidence of

egregious behavior, a noncompliance was not

observed. However, these scenarios raise a

concern due to the frequency of cows having

multiple stuns present in the skull. will

continue to observe this issue to verify regulations

are met. Respectfully, 

 Alameda District,

OFO, FSIS, USDA Plant management response:

The two cows were beef cows and were excited at

the knock box. 

 informed the stunner to wait until

cows have calmed down before stunning. M400

management will have a discussion with the

stunner on how to efficiently stun a beef, steer or

any excited cows in the knock box.

(b) (6)

(b) (6)

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

(b) (6)

(b) (6)

(b) (6)

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

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 8

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80 M4271 GREISE BROTHERS PACKING INC. CZF470704

5905G

05APR2019 04C02 Livestock

Humane

Handling

Finalized At approximately 0945 hours, two employees

were in the process of a ritual slaughter on a dairy

heifer. I was standing about 20 feet from the kill

chute, finishing up inspecting the liver on another

carcass. They had the heifer in the chute and had

made the ritual cut.  The chute opened, and the

heifer was standing up and started out of the gate

onto the area where the animals bleed out.  It

continued to walk outside the area on the left side

of the slaughter floor, ran into the sink and

continued toward where I was standing. It was

coming right toward me, so I went into the cooler

and went and got Frank Greise, plant owner to

assist since there was only one guy on the floor at

the time.  The others were still in the upper area

on the walkway above the kill chute. I came down

to office and called . When I returned the

heifer was on the right side of the chute outside of

the bleed area where to my observation, the

animal had finished bleeding out.  It looked like

the neck was cut more than it had been initially. I

questioned the floor employee about why the

heifer got out.  His response was the younger guy

opened the chute too soon.  I then asked if there

was a second cut performed after the heifer came

out, and he said yes. As I was explaining the

reason for my regulatory control action to Mr.

Greise, the floor employee then stated there was

no second cut to myself and Mr. Greise.  I applied

US Reject tag #B23888277 to the kill chute at

1000 hours.

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 9

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90 M44779 Faulkner Meats VMV09130

51022G

22MAY2019 04C02 Livestock

Humane

Handling

Finalized Faulkner Meats (M44779) Taylorsville, KY holds

animals on the premises which the establishment

considers to be custom exempt until they are

declared for federal inspection. While the

establishment did engage in federally inspected

slaughter activities this day, the following

observations involving the custom exempt

animals were made by the SVMO at

approximately 1330 hrs. EDT: ·       A large boar

(greater than 500 lb.) was observed without

access to water. The bottom portion of the plastic

drum being used as a water trough was empty;

the automatic waterer in the back corner of the

pen was observed crushed against the wall. ·      

A large pen holding lambs and sheep ranging in

size from roughly 40 lbs. to 200 lbs. was observed

with feces covered flooring; the bedding

component was minimal and mostly wet;

puddling was observed (urine?)in one area of the

pen; pelts on the majority of the animals was

contaminated with fecal; one lamb was observed

in a moribund state; one small automatic waterer

(1-2 gallon bowl capacity?) was functional and

insufficient for the volume of animals (number too

numerous to count) in the pen in the SVMO’s

opinion. A second small automatic waterer in

another section of the pen contained no water

(functional?). The establishment is once again

reminded that the FMIA (Federal Meat Inspection

Act) and the HMSA (Humane Methods of

Slaughter Act) applies to custom exempt livestock

per USDA FSIS Directive 5930.1 revision 4.
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 10

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90 M44779 Faulkner Meats VMV52080

62228G

28JUN2019 04C02 Livestock

Humane

Handling

Finalized June 27, 2019 Faulkner Meats (M44779)

Taylorsville, KY performed USDA inspected

slaughter this day. The SVMO observed the

following conditions at approximately 1445 hrs.

EDT in the holding pens: 1.       A pen housing

two mature boars was found with the automatic

water bowl in a non-functional position (it was

torn from the wall in a vertical rather than

horizontal position) and no visible means for

water access. There was the bottom portion of a

drum with waste products being used for food,

but no water in the pen. 2.       The pen just

outside the back door was in the process of being

cleaned; sheep (too numerous to count) and a calf

were crowded into another pen; the automatic

water bowl was dry (functional?) and no means

for water access observed. The floor had soupy

manure and minimal manure-soaked bedding.

The CSI was unable to relay how long these

animals may have been in this pen. The above

animals are considered custom exempt by the

establishment until they may be declared for

federal inspection. The establishment is once

again reminded that the FMIA (Federal Meat

Inspection Act) and the HMSA (Humane Methods

of Slaughter Act) applies to custom exempt

animals per FSIS USDA Directive 5930.1 revision 4.

This continues a trend in humane handling issues

for the establishment; a MOI dated  May 22, 2019

documents a similar observation.
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 11

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15 M44911 Kinikin Processing PNQ05140

54106G

06MAY2019 04C02 Livestock

Humane

Handling

Finalized Memorandum of Interview Humane Handling 

Establishment #44911 Date: 5/6/2019 Time:

0810 FSIS At

approximately 0810 on 5/6/2019, while stepping

off the slaughter floor for the stunning of a large

sow, I, heard one shot and a squeal

from the sow. I opened the door and the sow was

still standing but it was not vocalizing. 

 left the slaughter floor and

proceeded to the office to retrieve a larger round

of ammunition. returned and readied

the 357-caliber round in the firearm, giving me a

warning of fire-in-the hole. I immediately stepped

off the kill floor and applied a second

stunning attempt which effectively rendered the

animal insensible.   I talked to about

what had happened. He stated that he had started

to knock the sow with a 22 Mag rifle but had

decided it may not be large enough so decided to

go with a 38-caliber bullet for a more effective

stun, but after firing the 38-caliber round it was

evident that the 38-caliber round was insufficient,

so he obtained the 357-caliber round. One large

hole was observed in the skull of the sow.

Knocking box was tagged with US Rejected B

11002921.

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

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 12

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15 M45948 Ida-Beef LLC AKL330904

3412G

12APR2019 04C02 Livestock

Humane

Handling

Finalized On April 8th, 2019, at approximately 12:15 PM,

 observed the following occurrence

while performing HATS task IV Handling During

Ante Mortem Inspection. Out of a pen of six

dairy cows, one cow was lying down and did not

get up when approached and touched with the

employee’s hand. After a few minutes, the

employee left and returned with the electric prod.

He touched the prod to the fence twice to make

noise and then used the prod to shock the cow

once. The cow did rise with some difficulty, as it

had trouble getting its forelimbs under to stand.

Once standing, the cow was visibly weak and was

trembling in its hind legs. All the cattle in the pen

were then moved into the tub leading to the

chute, where the cattle did not have access to

water, at approximately 12:30 PM behind the

remaining cows in the previous group. The

establishment employees then went to lunch. 

 noted the number of cows in the tub at

approximately 12:35 PM; the weakened cow was

at the back of the group. then checked

on the cows in the tub again at 1:25 PM. There

were still two of the six ante-mortemed cows in

the alley, and one was the weakened cow.

The weakened cow went down right before the

door to the knocking box, but was able to rise and

was then knocked in the knocking box. There is no

access to water in the tub or the alley, and the

last cow was in the tub and alley for about one

hour. did not observe if the prod was

used on the cow a second time. I discussed with

establishment management my concerns of using

a prod to make a weakened cow rise, only to

make her wait for an hour to be knocked, as well

as the establishment using the tub and alleyway

as a holding pen and not providing access to

water. I emphasized that the cattle were left in

the tub over break, extending the time for the

cows in general and the weakened cow in

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 13

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particular. Establishment management agreed

that weakened cows would be moved straight

into the knock box, and they would break the

cattle into smaller groups in order to keep them

moving. No cows would be left in the tub and

alleyway over break in order to provide access to

water.

15 M45948 Ida-Beef LLC AKL271505

5729G

29MAY2019 04C02 Livestock

Humane

Handling

Finalized At approximately 0819 hours I, ,

was called to verify stunning of a non-ambulatory

dairy cow in the holding pens.  I proceeded to the

holding pens to verify.  I observed the stun

operator and the quality assurance monitor were

inside the pen with the non-ambulatory dairy

cow.  I observed the stun operator holding the

primary hand-held captive bolt (HHCB) device and

the quality assurance monitor holding a back-up

HHCB device.  The stun operator applied the first

stun attempt to the non-ambulatory dairy cow.  I

observed the rod of the primary HHCB contact the

cow’s skull.  I observed a dark gray spot with hair

sticking out on the cow’s skull.  I observed the

cow was on its sternum with its legs underneath it

when the first stunning attempt was applied. 

Following the first stunning attempt, the cow

remained conscious with eyes wide open and

blinking, ears erect and started to crawl away. 

The cow did not vocalize.  I observed the stun

operator reload the primary HHCB by unscrewing

the gun, removing the shell and the quality

assurance monitor placed a new shell in the gun,

then the stun operator screwed the HHCB device

back together. The stun operator applied a second

stun attempt, which rendered the cow

unconscious.  I observed the stun operator

retrieve the back-up HHCB device from the quality

assurance monitor and apply a security stun to

the pole of the cow.  I placed U.S. Retain Tag

#B45142233 to the stun box.  

verified three stun holes had penetrated the cow’s

skull.”

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 14

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15 M46297 Lockhart Meat Company CPO56090

52014G

14MAY2019 04C02 Livestock

Humane

Handling

Finalized HATS Category: VIII (Stunning Effectiveness) At

approximately 10:00 am today while performing

a routine Humane Handling Category VIII task at

Lockhart’s (M46297), I observed

 walked up to the head

restraint with a hand-held captive bolt device to

stun a steer in the chute. After the first  stun

attempt, the animal remained standing and

conscious, with no evident wound or blood

 immediately applied a second stun to the

steer, with the backup hand-held captive bolt

device. The animal by this time was vocalizing

loudly and still standing.   stunned the

animal for a third time which rendered the animal

unconscious. followed up with a safety

knock.  This was the last animal offered for

slaughter for the day. I placed a U.S. Rejected Tag

(# B-45 316510) on the entrance to the stunning

area. Upon review of the steer skull, there were 4

holes in the skull of the animal.  I learned the

establishment had just received a new tin of

orange .25 caliber 3.5 grain charges for the

hand-held captive bolt device. The establishment

has decided to stop using those charges and will

purchase some new charges.  The Establishment

operates under a Robust Systematic approach of

Humane Handling.

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

(b) (6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 15

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Code TaskName Status MOI Agenda

15 M48144 Abe's Kosher Meats LLC CFR180905

2817G

17MAY2019 04C02 Livestock

Humane

Handling

Finalized On May 16, 2019 at approximately 12:36 pm, I,

, went outside to perform

ante-mortem and observe stunning effectiveness.

 As I walked outside I saw a driver unloading more

cows.  As I came around the corner of the corrals,

I observed the driver raise a shovel over his

shoulder and bring it down and hit a cow in the

head.  I observed the driver give the shovel to a

yard person. After the driver hit the cow, the cow

ran out pf the trailer and the driver closed his

trailer door.  I verbally notified 

 of the occurrence, and then

notified via phone. I then tagged

the stunning box at approximately 12:45 PM with

US Reject tag B37602817.

15 M48144 Abe's Kosher Meats LLC CFR451606

0613G

13JUN2019 04C02 Livestock

Humane

Handling

Finalized On June 12th, 2019 at approximately 1:45 pm, I

 stepped outside into the pen area

to perform a routine water availability check

when I observed a calf laying on its left side in the

alleyway to the stunning area with its legs sticking

out from under the metal wall. I lifted the cover

on the side of the alleyway to find that the calf

had its head stuck in between its back and the

alley wall and facing the opposite direction of its

feet. It was laying passively. I immediately notified

 of the calf’s

condition, and he was able to place the calf’s head

back in a forward-facing position. However, the

calf was still unable to respond normally to

stimuli, sit up, or stand. I instructed the

employees to go ahead and stun the calf, as she

was now non-ambulatory. She was rendered

immediately unconscious on the first stunning

attempt and moved out of the alleyway. I spoke

with about the

incident, who offered to make the alleyway

narrower if possible to prevent calves from getting

their feet under the gap between the wall and the

concrete floor.

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 16

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Code TaskName Status MOI Agenda

25 M562 JBS Green Bay, Inc. QSM08150

44023G

23APR2019 04C02 Livestock

Humane

Handling

Finalized A meeting occurred at JBS Green Bay on April 23,

2019 at approximately 1:45 pm – during

 routine Humane Handling audit exit

meeting.  This is to document the incidence of

prodding observed by on

April 23, 2019 at approximately 9:40 am

 was observing Humane Handling with

 in the establishment’s chute

leading into the restrainer. observed

the associate at the entrance to the restrainer use

a hand-held electric prod (HHEP) on 3 animals in

separate events within 8 minutes.  The third

animal was prodded twice with the HHEP to move

it from 5 feet before the entrance to the restrainer

to the entrance of the restrainer.  The animal

balked again at the entrance to the restrainer. 

The associate was then again used the HHEP on

the animal another 3 times with the animal

vocalizing and kicking with its rear legs.  The

animal directly behind the prodded animal was

far enough behind the first animal it did not get

hit with the front animal’s rear feet as it kicked. 

A Quality Assurance associate was present and

shouted “Hey!” to the responsible associate after

the first 2 animals had the HHEP applied.  The QA

associate took no action during the prodding of

the third animal and intervened by

alerting

who then took control of the

situation by stopping the associate from using the

HHEP on the balking animal.  The establishment

is reminded that per 9 CFR 313.2 “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” and “Electric

prods, canvas slappers or other implements

employed to drive animals shall be used as little

as possible in order to minimize excitement and

injury.  Any use of such implements which, in the

(b) (6)

(b) (6)

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

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

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 17

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Code TaskName Status MOI Agenda

opinion of the inspector, is excessive, is

prohibited.” And 9 CFR 313.15 “The driving of

the animals to the stunning area shall be done

with a minimum of excitement and discomfort to

the animals.  Delivery of calm animals to the

stunning areas is essential since accurate

placement of stunning equipment is difficult on

nervous or injured animals.”
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 18

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25 M562 JBS Green Bay, Inc. QSM57060

42126G

26APR2019 04C02 Livestock

Humane

Handling

Finalized At approximately 11:05am on April 5th, 2019,

 entered the push gate area

of the chute and heard cattle vocalizing inside the

chute.  As they entered the chute, they observed

an establishment employee using the hand-held

electric prod on steers.  The first steer was already

vocalizing and the employee was observed to

continue to prod the steer 2 times.  The animal

moved forward about foot and then the employee

immediately started prodding the second animal

3-4 times rapidly without giving it a chance to

move forward after the first prod.  This animal

also vocalized and kicked then moved forward

about a foot.    The prod was used at the tail head

on both steers.    As soon as the employee saw

 approaching, he stopped prodding and

walked the prod up to its normal place near the

entrance to the restrainer. The production line

had not been started, there were no holes in the

line and the animals had minimal space to move

forward in the chute. The establishment is

reminded that per 9 CFR 313.2 “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” and “Electric

prods, canvas slappers or other implements

employed to drive animals shall be used as little

as possible in order to minimize excitement and

injury.  Any use of such implements which, in the

opinion of the inspector, is excessive, is

prohibited.” And 9 CFR 313.15 “The driving of

the animals to the stunning area shall be done

with a minimum of excitement and discomfort to

the animals.  Delivery of calm animals to the

stunning areas is essential since accurate

placement of stunning equipment is difficult on

nervous or injured animals.”

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 19

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Code TaskName Status MOI Agenda

25 M562 JBS Green Bay, Inc. QSM56110

51502G

02MAY2019 04C02 Livestock

Humane

Handling

Finalized On May 1st, 2019, 

 met with establishment

management regarding the recent concerns with

prod usage documented in HH MOIs on 4/23/19

and 4/25/19.  Establishment personnel present

incuded

  The employees involved in those

incidents were retrained and FSIS personnel

needed to understand the establishment’s

expectations for employee electric prod usage

going forward.  The following is a summary of the

establishment’s plan for prod usage and training

(to be completed with all barn employees in the

next 2 days). All management has been trained on

these expectations. ·       The establishment

stated they follow NAMI guidelines for prod usage

which involves using no implements (point of

balance), rattle paddles, air prod and then the

electric hand-held prod if necessary.  ·       The

electric prod will be used 3 times if necessary and

then the animal will be allowed a rest period if

they do not move into the restrainer. ·      

Another 3 prods will be applied, if necessary, in

attempt to move the animal into the restrainer.  

·       If animals vocalize at any point, the animal

will be allowed to rest and one more attempt may

be made.  If the animal vocalizes again, the animal

will be euthanized and plant condemned. ·      

Depending on the gap in the line, the

establishment may decide to euthanize and

plant-condemn animals that do not enter the

restrainer at any time.

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 20

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Code TaskName Status MOI Agenda

25 M562 JBS Green Bay, Inc. QSM28070

53222G

22MAY2019 04C02 Livestock

Humane

Handling

Open This MOI is to document events occurring on

5-20-19 and 5-21-19, observed by .

On 5-20-19, the establishment was forced to take

an afternoon break about 1:05 pm due to the fact

that a large cow was lodged in the chute.  The live

weight of this cow was 2770 pounds. The facilities

and equipment an establishment utilizes need to

be able to manage the size and type of cattle the

establishment intends to harvest.  On 5-21-19,

 was observing Humane Handling

activities, Category VI – Electric Prod/Alternative

Object Use; Category VIII – Stunning Effectiveness;

and Category IX – Conscious Animals on the Rail in

the establishment’s chute leading to the knock

box and in the knock box area.  

arrived in the chute at approximately 11:20 am

for about 5 minutes.  During that time

 observed a barn associate take the air

prod and place it continuously at the hips of a

cow that was 3 animals back from the cow that

was stopped in the chute.  The animal in the

chute that was being prodded had no where to

go.  stopped the activity by telling the

barn associate to stop prodding the animal as it

had no where to go.  The barn associate then put

the air prod down and left the area temporarily

and came back with a rattle paddle. 

then proceeded to the knock box to continue

Humane Handling activities.  was

leaving the knocking area about 11:35 am and

noticed the head of a cow sitting on the steps

leading up to the blood pit with no identification. 

 asked the associates in the area about

the head and 

approached the area.  explained the head

was from a cow that had gotten stuck in the

restrainer.  The rest of the carcass associated with

the head was on the production line in the blood

pit area.  placed retain tag B

45157700 on the head and asked to speak to

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

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 21

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Code TaskName Status MOI Agenda

  arrived

at the knocking area and asked about the

head with no identification.  explained

to the head was from a smaller

animal that had gotten stuck in the restrainer

with another larger animal lodged on top of it. 

Both animals were rendered unconscious and the

chain was utilized to pull the carcasses from the

restrainer.  The smaller animal was removed first,

and with the force needed to move it out of its

lodged position, the head was  pulled off with the

chain.  asked what the intention of

the establishment was to present the head with

no identification to USDA for inspection.  

stated it would be presented at the USDA PHV

Disposition station.  instructed

offline USDA personnel to ensure the carcass of

the smaller animal (the one with the head still in

the restrainer area) was USDA retained by online

personnel.  asked why FSIS was not

notified of the occurrence of the animals getting

stuck in the restrainer and the head of the smaller

animal being removed with the chain.  Upon

Post mortem inspection by 

, the following perimortem

injuries were noted about Carcass 210918 (the

carcass of the smaller animal with the head

 removed): o   Significant bruising in the

intercostal muscles from the level of T1 to T 12 

o   Bilateral rib fractures from T3 to T6 o  

Bruising visible on the exterior surface of the

carcass over the ribs o   Torn musculature at the

cervical area and significant bruising at the neck 

o   Hematomas around the heart and in the lungs 

The establishment is reminded that they are

responsible for maintaining the identification of

every carcass and all its parts until final inspection

has been completed; presenting all parts of every

(b) (6)

(b) (6)

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

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 22

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animal for USDA inspection; and having adequate

facilities to manage the types of animals they

intend to harvest.

80 M6590 Randolph Packing Co., Inc. YBB591304

4426G

26APR2019 04C02 Livestock

Humane

Handling

Finalized Date/Time: 04/26/2019 at approximately

11:45am Location: USDA office of M-6590    

Attendees: ; Homero

Ribera, Plant Superintendent;

 The purpose of this memorandum of

Interview (MOI) is to document a discussion with

Randolph Packing Co. establishment management

on April 26, 2019. At approximately 11:35am

this morning, I was performing a humane

handling verification task in the knock box area. I

looked out the window to observe the cattle

driver. One cow was driven into the area

immediately before the knock box. Another cow

also attempted to also enter this area. The

employee used the gate to try to prevent this

without excessive force, but the second cow’s

head entered this area. I saw the employee use an

electrical prod on the right cheek of this animal.

From the placement of the employee’s hand on

the equipment, it did not appear that he placed

his finger on the activation button. I did not

observe any reaction from the animal that would

indicate the animal was driven with excessive

excitement or discomfort. However, I discussed

with management that this may not be the best

practice to get into the habit of.  I reiterated that

use of an activated electrical prod on the sensitive

regions of the animal, including the face, genital

or anal area, or driving animals with excessive

excitement or discomfort would constitute

regulatory noncompliance.   Mr. Ribera stated

that he would discuss the matter with the

employee.   The information provided in this

MOI includes all the topics discussed during the

meeting.

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 23

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50 M6785 Bob Evans Farms Inc. NRL191104

1212G

12APR2019 04C02 Livestock

Humane

Handling

Finalized On 4/10/2019 at approximately , I, 

 was performing antemortem in the

barn and observed the following situation. While

observing the sows move I heard a sow vocalizing

very loudly from the old scale area. After I noticed

that the squealing did not stop after about 20

seconds I quickly walked back into the old scale

area. By this time 40minutes had elapsed and the

sow was still vocalizing and appeared to be in

distress. When I arrived in the old scale area I

observed 6 sows in the shorter of the two lined

area right before the ramp to load the chute. The

sow that was vocalizing was one of the 6 sows

and her head, shoulders and front legs were

wedged underneath and pinned down by the sow

in from of her and directly behind the pinned sow

were 2 sows that were pinned shoulder to

shoulder in between 2 poles. This is normally a

single file area for the sows. the sows were pinned

in this area and were not able move into more

comfortable positions on their own. While I made

this observation about 1 minute elapsed. At that

time a plant employee finally came down to open

the gait to allow the above mentioned sows up

into the chute. No other plant employees came to

check on what was causing the discomfort and

vocalization for an extended amount of time. CFR

9 Regulation 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. This MOI is to remind the

establishment that they are to drive the livestock

in a manner that decreases excitement and

discomfort and that they are to be aware and

react in a timely fashion when they notice that a

sow may be in distress.

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 24

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Code TaskName Status MOI Agenda

50 M6785 Bob Evans Farms Inc. NRL120804

1429G

29APR2019 04C02 Livestock

Humane

Handling

Finalized On Wednesday 4/24/2019 at approximately 2 pm

while performing the Livestock Humane Handling

task, I, observed the

following situation. I observed the truck driver

unloading the sows off the trailer into the barn.

During the entire 10 minutes that I observed him

unload the sows he was carrying a hot shot

(electric prod) and occasionally touching moving

sows with it. I noticed that some of the sows

vocalized and picked up their walking pace once

they were touched with the hot shot. I never

noticed the truck driver put the hot shot down.

Once all the sows were unloaded I then asked the

truck driver if he used electricity on every sow

every time he touched them with the end of the

hot shot. He said no and that his trigger finger was

only resting on the trigger.  I then informed the

 of my

observation and told him that I had no proof that

the truck driver was not shocking the sows every

time he touched the sows with the hot shot. I also

informed him that I believed that the truck driver

used the hot shot excessively. then informed

me that he would be getting in touch with the

truck driver. He also informed me of Bob Evans'

protocol when it comes to truck drivers using the

electric hot shot. Bob Evans' protocol is that the

truck drivers are not to hold a hot shot while

unloading sows at all unless the establishment

gives them permission to do so.  9CFR 313.2

Handling of livestock (b) Electric prods, canvas

slappers, or other implements employed to drive

animals shall be used as little as possible in order

to minimize excitement and injury. Any use of

such implements which in the opinion of the

inspector, is excessive, is prohibited.

(b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 25

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Task

Code TaskName Status MOI Agenda

25 M717 Smithfield Fresh Meats Corp. TAE471606

2025G

25JUN2019 04C02 Livestock

Humane

Handling

Finalized During AM witnessed employee dragging dead pig

from the blood pit over the wall of the downer

pen and fall onto the floor. Live downer pigs were

in pen but none were hit during this incident.

Notified employees are not to do this

when live pigs are in the pen or near vicinity.

 said he would talk to them.

90 M7356 Harmon Brothers Meats, Inc. IJK5208043

526G

26APR2019 04C02 Livestock

Humane

Handling

Finalized Harmon Bros. Meats (M7356) Warsaw, KY has

been on suspension of Federally Inspected

slaughter activity since October 2018. While

performing a routine visit to the establishment,

the SVMO observed at approximately 1030 hrs.

EDT the following: ·       A holding pen with goats

and lambs was found to have a dead goat and

water of questionable drinking quality; the water

was brown with fecal material present. Another

dead goat was observed outside of the rendering

storage room. ·       An adjacent holding pen with

goats and lambs was densely populated, most of

the floor covered with liquid feces and no

indication of having bedding added to it, and

water of even more questionable drinking

quality—browner than the other. How long the

animals had been in the pen was unknown to the

SVMO, but all animals had hair coats/wool coated

in dried manure. The establishment is reminded

the Federal Meat Inspection Act (FMIA) and the

Humane Methods of Slaughter Act (HMSA) applies

to custom exempt operations. The establishment

has a history of similar observations.

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 26

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Code TaskName Status MOI Agenda

90 M7356 Harmon Brothers Meats, Inc. IJK3010055

729G

29MAY2019 04C02 Livestock

Humane

Handling

Finalized Harmon Bros. Meats (M7356) Warsaw, KY has

been on suspension of federally inspected

slaughter since October 2018. While verifying

conditions at the establishment, the SVMO

observed a holding pen in the barn containing

custom exempt goats and lambs. At

approximately 1100 hrs. EDT the following was

noted: ·       The floor was covered in fecal

material, most of which was soupy in consistency;

puddling of liquid fecal in multiple areas of the

pen was present. No indication of bedding being

in the pen. ·       The whole corn present in the

feed troughs was covered in fecal material. ·      

Water available was brown. The above

observations were brought to the attention of

establishment owner Mr. Dave Harmon, who

likewise was informed of the forthcoming

documentation. The establishment is once again

reminded that per FSIS USDA Directive 5930.1

revision 4, the Federal Meat Inspection Act (FMIA)

and the Humane Methods of Slaughter Act

(HMSA) applies to custom exempt livestock. This

continues a recent trend in humane handling

issues related to custom exempt animals.

90 M8078 Boone's Abattoir, Inc. APM14070

63713G

13JUN2019 04C02 Livestock

Humane

Handling

Finalized Livestock pen had no water available to animals

this morning. Water was running but all the hoses

going to troughs were displaced not allowing

water to fill the troughs, all the water was going

on floor instead.
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 27

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Task

Code TaskName Status MOI Agenda

50 M85B Swift Pork Company GYM15160

64004G

04JUN2019 04C02 Livestock

Humane

Handling

Finalized At approximately 8:20am while exiting the scale

house with pen cards I observed a livestock

employee attempting to close a gate.  He paddled

a hog that seemed to be having some difficulty

with it's hind legs and wasn't moving very well.  It

didn't rise to the level of inhumane handling, but I

did believe he should have noticed this hog was in

distress and ceased using the paddle to try to

drive the animal.  I alerted and

asked her to review the video as I don't think it

was overly aggressive, but should result in review

especially since this employee has a gold hat

training with him.  directly addressed the

event with the employee before I left the barn and

agreed to review the video and follow up as

necessary.

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 28

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Task

Code TaskName Status MOI Agenda

50 M85B Swift Pork Company GYM04020

60707G

07JUN2019 04C02 Livestock

Humane

Handling

Open On June 7, 2019 at approximately 00:25, while I

was performing antemortem inspection duties in

the barn, I passed through the alley adjacent to

row 21-25 as a front-end employee was moving

hogs to the kill alley from the row. The employee

was opening the gate nearest the side alley I was

in, swinging it from the middle alley toward the

back of the pen. He unlatched the gate and

pushed it to open, letting go of the gate, and

allowed it to swing back toward the wall under its

own momentum. A hog was standing behind the

gate nearer the wall and facing toward the gate.

The gate swung unimpeded until it struck the hog

in the left side of the face and head. The hog

jumped and squealed as the gate hit it. The

front-end employee had turned and was opening

the gate on the opposite side of the pen when I

looked back to him. At approximately 00:29, I

located and informed

him of what I had observed. He said he would

speak to the employee and investigate further. At

00:40, I notified that I would be

writing an MOI detailing what I had seen and

documenting that I had spoken to him. He

requested that I speak with 

 was

contacted, and once he arrived I explained what I

had seen to him. He said that he understood that

was not the way gates should be opened and said

he would review the video and take appropriate

actions. I informed him that I planned to write an

MOI about this incident.   At approximately 00:52,

 also asked me

details of the incident and stated that they would

closely review the video and would retrain

front-end employees to handle gates properly.

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

(b) (6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 29

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Task

Code TaskName Status MOI Agenda

15 M86R Cargill Meat Solutions EHN35170

61007G

07JUN2019 04C02 Livestock

Humane

Handling

Finalized On Monday 6/3/19 at approximately 1830 hours

while conducting humane handling verification

inspection under HATS category VIII: Stunning

Effectiveness at the knocking area, I 

 observed the following events. A stun

was applied with a pneumatic captive bolt to a

market beef in the knock box.  The animal

appeared unconscious – the animal’s head

dropped and the body went lax.  The knocker

released the animal from the knocking area and

the stunned animal was pulled forward on the

belly conveyor out of the knock box and dropped

onto the shackle table.  After it landed on the

shackling belt the animal reflexively rolled from its

right side to a sternal position and the eyes were

starting to blink, but the animal did not react to

its surroundings, did not demonstrate controlled

movements, and was not vocalizing.  The knocker

called down to the shackler to knock the animal. 

The shackler immediately retrieved the back-up

handheld knocking gun and applied a security

knock.  The animal fell on its right side with

tongue out and eyes unresponsive. The shackler

then attempted to apply a second security knock

to the visibly insensible animal.  The handheld

captive bolt misfired twice, but worked on the

third attempt and a second security knock was

applied.  The animal remained insensible

throughout the security knock attempts.  This

raises a concern that the device was not

functioning reliably, which could become a

noncompliance with 9 CFR 313.15(b)(1)(ii). After

reviewing the situation with Dr. Jessica VanHook,

DDM, we determined that this constitutes a

potential vulnerability within your humane

handling system.  This information was discussed

with at 1415 on

June 7th, 2019.

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 30

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Task

Code TaskName Status MOI Agenda

05 M934 Charlie DiMaria & Sons VMH57150

62504G

04JUN2019 04C02 Livestock

Humane

Handling

Finalized Meeting with Plant management 

and . Items discussed: 1.

Water access in pens:  Some pens have water

troughs that have the water valves turned off and

there is very low levels of water for the cows.  The

troughs have not been flushed regularly and some

have a green discoloration present.  Plant stated

they will work with the pen employees to help fix

this issue.  2. Pens have a buildup of manure: 

Some pens (furthest from water hose) have

excessive manure and this will attract flies and

could lead to slips and falls.   The large piles of

manure have been removed but continued

maintenance  is required.  3. Feed for the cattle is

required every 24 hrs while they are here.  The

plant has been using small amounts of hay for the

large amount of cattle present. noted

about 4 bales of hay given daily this last Saturday

for the approximate 180 cattle.  Today (6/4/19)

the plant has dispensed about 8 - 10 bales for the

same amount of cows.  This seems a more

reasonable amount.  stated they will be

going to pellets (on order) so they can keep track

of how many bags are used per pen.  4. We also

discussed the weekly meeting and determined

that we work together to determine a time that

works for both of us.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 1

EstNbr EstName NR# Date Task TaskName Regs Description Status

M332 FPL Food ACA320

504022

6N-1

04/26/2019 04C02 Livestock

Humane

Handling

313.15(a)(2) HATS Category IV- Handling during antemortem;

9CFR313.15(a)(2) At approximately 10 am on

4/24/2019, on-line inspectors were performing

postmortem inspection on the slaughter floor at

Establishment #332M, FPL Food . They heard a

loud noise and yelling from the skinning line.  A

cow was seen loose on the slaughter floor by in

plant personnel.   Inspectors turned around to see

an adult black angus cow run in to the slaughter

floor. All inspectors then yelled to each other and

jumped on the viscera table.  The cow came

from the knock box area and ran through the kill

floor, turned around and went out the way it

came and returned to a holding pen. During this

time the cow was agitated, overly excited, slipping

on the floor, exposed to numerous sharp objects

on equipment and employees knives, and ran into

carcasses hanging on the line. The cow did not

appear injured.   was

notified of this noncompliance. Immediate

corrective actions were taken by the

establishment and the animal was returned to a

holding pen. This is noncompliance with 9 CFR

313.15(a)2: The driving of the animals to the

stunning area shall be done with a minimum of

excitement and discomfort to the animals.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 2

EstNbr EstName NR# Date Task TaskName Regs Description Status

M332 FPL Food ACA141

204472

6N-1

04/26/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category lV : Handling during Ante-Mortem

Inspection; 9CFR 313.2 (a) & (b) At

approximately 10:55 AM while performing

Ante-Mortem Inspection, I, ,

observed the following noncompliance at

Establishment 332 FPL Food. An FPL employee

was driving a pen of cattle toward The Wall

holding pens.  He was walking behind the last two

cows which were walking at normal walking

speed.  He proceeded to prod both cows on the

rump with the electric prod.  He forced them to

move faster and caused them excitement and

discomfort. He excessively used the hot shot

which is prohibited. 9CFR 313.2 (a) Driving of

livestock from the unloading ramps to the holding

pens and from the holding pens to the stunning

area shall be done with a minimum of excitement

and discomfort to the animals. 9CFR 313.2 (b)

Electric prods, canvass slappers, or other

implements employed to drive animals shall be

used as little as possible in order to minimize

excitement and injury.  Any such use of such

implements, which in the opinion of the inspector,

is excessive, is prohibited. 

, was notified of this

noncompliance. A regulatory control action was

not taken.  Corrective actions to prevent

recurrence were verbally given to me by plant

management.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 3

EstNbr EstName NR# Date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA25

120442

08N-1

04/02/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On April 2, 2019, at approximately 10:20a.m., the

firm attempted to knock the first bovine of the

day with the 5 inch captive bolt device. The

knocking employee administered the first knock,

which was ineffective due to being too high (up on

the poll.) The establishment employee

immediately obtained the back-up 5 inch captive

bolt device and applied a second knock, which

was effective in rendering the animal unconscious.

 observed

the events and notified 

 that a NR would be issued. In addition,

was visiting the establishment to conduct his

Humane Handling review and observed the

placement of the two knocks on the skinned skull.

CLOSED

M6682+P6

682

Ganaderos

Alvarado, Inc.

HCA341

405382

1N-1

05/21/2019 04C02 Livestock

Humane

Handling

313.1 Today at 14:00 hrs. while performing a routing

ante mortem inspection at facilities, I observed at

pen driveways, a piece of metal detached from

the pipe protruding to the area, which can cause

an injury or pain to the animals also, an opening

space where the feed may be injured. The area

was rejected (No. B43741946) immediately until

it was fixed.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 4

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6590 Randolph

Packing Co.,

Inc.

YBB461

104323

0N-1

04/30/2019 04C02 Livestock

Humane

Handling

313.1 At 10:50am on April 30, 2019, the following

humane handling noncompliance was observed in

the big barn at Randolph Packing Co. in Asheboro,

NC. 

, observed a truck driver

unloading cattle at the unloading dock. There was

no establishment employee present. Cattle were

unloading calmly, although the smooth surface

caused several to slip and fall. Two animals

slipped and then two fell to the ground

 asked the driver to add sand to the

ground. More animals continued unloading and

two more fell. At that point, unloading was

stopped, and sand was added. The remaining

cows were unloaded without incident

 notified plant manager Greg Dronen of

the noncompliance. The establishment did not

meet regulatory requirement of 9 CFR 313.1(b)

which states: “Floors of livestock pens, ramps, and

driveways shall be constructed and maintained so

as to provide good footing for livestock...”

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 5

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10757 Select Meats,

Inc.

IMB221

506470

4N-1

06/04/2019 04C02 Livestock

Humane

Handling

313.1 While performing HATS category IV (Handling

during Ante-mortem Inspection) inspection at

Select Meats TA-10757 on 06/06/2019 at

approximately 8:10 a.m., the following

noncompliance was observed: I observed the

dividing fence with a T end section with a missing

part on the bottom rail with a sharp flange

exposed. There was also a flat metal plate used on

the driveway heading to the knock box. This metal

plate has two sections with sharp flanges ranging

approximately 4 inches in length. These areas of

the livestock pen have not been maintained in

good repair to prevent sharp or protruding

objects. 9 CFR 313.1(a) states: “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 many be injured shall be

repaired.” 

, was verbally notified of this

noncompliance and no tag was applied, because

no animals at the time of inspection appeared

with injuries from the areas listed above

 was cited with the failure to comply with

9 CFR 313.1 and this serves as a written

notification of humane handling noncompliance.

CLOSED

M20129 Custom

Quality

Packers, LLC

PHA521

206151

7N-1

06/17/2019 04C02 Livestock

Humane

Handling

313.1 At approximately 12:00 pm on Monday, June 17,

2019, the following noncompliance was observed:

The wooden unloading ramp has a hole

(approximately 2"x12"; on the left) that also has

some splintering wood pieces protruding. Also,

the ramp has several other areas that are

beginning to splinter on the inside and outside.

No regulatory control action was taken because

animals were not observed to be injured. 

 was notified of the

noncompliance and of the failure to meet

regulatory requirement 313.1.

OPEN

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 6

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5913+P5

913

Pasha Halal

Poultry

BIM491

004442

9N-1

04/29/2019 04C02 Livestock

Humane

Handling

313.2 Approx. 800am while performing slaughter

activities at Est. 5193 Pasha Poultry there was a

break in the line and 

 who

was visiting doing a Humane Handling

observation decided to take the opportunity to go

to the holding pens and he observed the following

non- compliance. No water was in the pens for

the animal's to drink and the 2nd  pen that had

water it was not an sufficient amount and

not assessable for all  animals to get to it

 that were being held ( 5 goats 5 sheep and 2 beef

) he immediately notified me and I in turned

notified Mehmet( owner) of the findings. This is

a failure to comply with 9 CFR 313.2 Handling of

livestock After being notified Mr.. Mehmet

immediately went and made sure that the animals

had fresh water to drink This serves as a written

notification of the plant failue to comply with

regulatory requirements could result in additional

regulatory or administration action.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 7

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17776 Trenton Halal

Packing

Company

BBE141

206161

3N-1

06/13/2019 04C02 Livestock

Humane

Handling

313.1, 313.2 Today, June 13, 2019 at 12:10 I proceeded to the

holding pen to check on the animals and their

conditions and observed the following deviation

to the 9CFR. Earlier in the day, at about 11:30 the

last of the previous load’s lambs and goats were

slaughtered, leaving behind one, Holstein calf that

was moved into a small holding pen on the side at

that time.  At 12:10 The establishment was on its

lunch break, no slaughtering was taking place, and

there was no one in the holding pen room when I

made this observation.   It was at 12:10 that I

observed the calf in the pen had no water, and no

bucket.  I immediately found the 

, and notified him of this violation and

the NR the plant will be receiving for it.  He

proceeded back to the pen to personally provide

the calf with water. The lack of water in this case

is a specific violation of the following regulation: 

313.5  (e) Animals shall have access to water in all

holding pens and, if held longer than 24 hours,

access to feed.

OPEN

M17778 E.N.A. Meat

Packing Inc.

NNF54

070444

17N-1

04/17/2019 04C02 Livestock

Humane

Handling

313.1 At approximately 0830 hours, while performing a

visual inspection of the barn and pen area (HATS

Category III) observed that one

of the pens was overcrowded with beef,

preventing them from reaching the water bucket,

which also did not have any water in it. The pen

next to it only contained one cow, which also did

not have any water in their bucket. This is a

noncompliance with 9 CFR 313.2(e). Mr. Stephen

Moneuse, Plant Manager, was notified of and

observed the noncompliance. Cattle were moved

from the pen into the adjoining alley that leads to

the knock box to reduce numbers and water was

refilled for both pens.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 8

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5300 Rhode Island

Beef & Veal

Inc.

VEL160

906250

4N-1

06/04/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category IV - Ante-mortem Inspection 

While performing a walkthrough of the facilities

with DVMS the following observations were

made.  There were several sharp pieces of metal

sticking into the outdoor pen off remesh panels

used to reinforce the sides of the pen.  There is

also rolled sheet metal off one of the sides of the

pen, rusted, corroded, and protutruding into the

pen.  The animals unloaded into this pen may

injure themselves on these metal pieces as they

move around the pen.  In one of the indoor

pens, there is an open, uncovered drain,

approximately 8 inches in diameter and 8 inches

deep before an elbow bends further down, in the

middle of the pen that an animal could injure

their leg in.   The establishment has failed to

comply with 9 CFR 313.1(a).  The evisceration

supervisor was notified of the noncompliance.

CLOSED

M5998 Bristol Beef FUL121

206301

2N-1

06/12/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS CATEGORY VII Stunning Effectiveness (9CFR

313.16)  Today June 12, 2019 at approximately

1250 hours I observed the following humane

handling noncompliance: Establishment

manager William DeMartino was attempting to

stun a large steer in the knock pen.  William’s first

shot was unsuccessful with a 22. Rifle as the

animal stayed standing conscious. The animal did

not vocalize at this point. Approximately 15

seconds later, William fired a second shot using

the same rifle stunning the animal unconscious. 

No regulatory control action was taken as this was

not an example of egregious humane handling. I

informed establishment manager William

DeMartino of this noncompliance.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 9

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9825+V9

825

Sanford

Butcher Shop

PPB570

706432

4N-1

06/24/2019 04C02 Livestock

Humane

Handling

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

313.15(a)(1)) While conducting a routine

Livestock Humane Handling task at approximately

830 on Monday, June 24 '19, I observed Mr. Carl

Chasse, plant owner, lead a market swine into the

stunning box. He then closed the sliding door

between the slaughter floor and the stunning box,

and I stepped back to a safe location. After Mr.

Chasse had first applied the captive bolt stunner

to the pig, I heard a loud squeal, and then,

immediately afterward, a second discharge. After

opening the door to the kill box, I saw that the pig

had fallen to the floor, had stopped breathing, and

was fully unconscious. The pig remained

unconscious after it was hoisted and bled.  Once

the pig had been dehaired, I examined it and

found two entry wounds in the forehead. I

immediately notified Mr. Chasse of the

noncompliance with 9 CFR 313.15(a)(1).  No

associations were found with any other

noncompliance records issued within the last

ninety days at the establishment.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 10

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20321+V

20321

Luce's Maine

Grown Meats

NKI081

205232

0N-1

05/20/2019 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(iii)

HATS Category VIII (Stunning Effectiveness) - 9 CFR

313.16(a)(1) At approximately 10:15am, on

Monday, May 20, 2019, a Black Angus Heifer was

led into the knock box and was ready to be

stunned. Mr. Arnold Luce, Plant Owner, then

raised a 20-guage shotgun and fired a shot at the

heifer; however, the initial attempt to stun the

animal was not successful. Mr. Luce recognized

that the animal had not been successfully

rendered unconscious and quickly reloaded his

firearm. The heifer’s head was in an upright

position and fully conscious. I observed the

tracking and blinking of eyes. Mr. Luce fired a

second shot, which immediately rendered the

animal unconscious. The animal remained

unconscious after it was hoisted and bled. During

head inspection, and I

observed two separate and distinct wounds from

the shotgun that were approximately 2 inches

apart from one another. There is also

noncompliance with 313.15(b)(1)(iii) because the

stunning area is not designed/constructed to limit

the free movements of animals sufficiently to

allow the operator to locate the stunning blow

with a high degree of accuracy. There is enough

room in the knock box for cattle to move in such a

way that stunning becomes difficult and imprecise

for trained establishment employees. I verbally

issued a noncompliance to Mr. Luce pending my

written report. A 90-day review of NRs in PHIS

showed a noncompliance of similar cause was

documented on 2/25/2019 (NR#

NKI1210024425N). The current verification

findings of noncompliance indicate corrective

actions were not implemented or ineffective to

prevent recurrence.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 11

EstNbr EstName NR# Date Task TaskName Regs Description Status

M372 Pioneer

Packing

Company, Inc.

REK150

504190

5N-1

04/05/2019 04C02 Livestock

Humane

Handling

313.2(f),

313.30(a)(1),

313.30(a)(3)

HATS Category VIII- Stunning Effectiveness On

04/04/2019 at approximately 0953 hours while

verifying stunning effectiveness at the

establishment’s knock box as part of a humane

handling audit, , observed

the following noncompliance.  As the stunning

operator prepared to place the head/heart

electrical stunning wand on a sow that was free

standing in the knock box, the sow attempted to

jump out of the box, managing to get her

forelimbs on top of the side ledge.  The wand was

placed on the sow while she was in this posture,

and when the wand was activated, the sow

became rigid and vocalized loudly.  The stunning

operator quickly repositioned the wand, and the

sow stopped vocalizing and was rendered

insensible. informed Mr. Brian Contris,

Owner, who was standing next to her at the time,

that the incident was noncompliant.  The

establishment failed to comply with the

regulatory requirements prescribed in 9 CFR

313.2(f), 313.30(a)(1), and 313.30(a)(3).

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 12

EstNbr EstName NR# Date Task TaskName Regs Description Status

M818+V81

8

J.H. Routh

Packing Co.

FYC480

406001

0N-1

06/10/2019 04C02 Livestock

Humane

Handling

313.2 On the morning of June 10th at 5:00 am

 observed a non-compliance while a

truck was being unloaded. The driver of the truck

was unloading the belly and squealing could be

heard, when the last hog went up the ramp it was

observed that there was a downer at the bottom

of the ramp that had been trampled, without any

attempt to notify barn personnel or to remove it

from harm. , was

notified of the observation. stated that she

would speak to the driver. This is a

non-compliance of 9 CFR 313.2                                

                                                                                     

    Establishment personnel are required to meet

the regulatory requirements for humane handling

and slaughter from the time livestock arrive at the

establishment until they are killed. This includes

handling associated with livestock trailers.  Once a

vehicle has entered the official establishment

premises, it is considered part of the premises and

is subject. Truck unloading must be done in a

manner that allows animals to be unloaded

without injury.  This includes proper positioning of

the trucks, movement of animals while on the

trucks, and the movement of animals off the

trucks into the holding pens.

OPEN

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 13

EstNbr EstName NR# Date Task TaskName Regs Description Status

M818+V81

8

J.H. Routh

Packing Co.

FYC571

006121

8N-1

06/18/2019 04C02 Livestock

Humane

Handling

313.2 At approximately, 0630 hours on Tuesday June

18, 2109, witnessed pigs being

driven over dead animals in the process of truck

unloading.  The driver had already unloaded 6

deads from the truck and was continuing to

unload the remainder of the animals.  

, boarded the truck to

assist.  witnessed live pigs being driven

over 2 dead pigs in the area.  had

called for , to bring

the sort board.  boarded the truck

and the three continued to unload pigs around

and over the dead pigs.  Instead of removing the

deads prior to unloading the next pen, the next

pen was driven over the 2 deads in the same

manner.  The dog house ramp was then deployed

and placed on top of those 2 dead pigs and not on

the floor of the pen.  Pigs leaving the dog house

were forced to jump off the ramp to exit.  At that

time, suspended the unloading

process, stated that this was a non-compliance

and the fact that a similar issue was just recently

discussed in an NR and in JHR training.  One dead

was removed prior to asking 

 to page 

. When a timely response was not realized,

 suspended the kill until a supervisor

arrived at the scene.  After discussing the incident

with reinitiated the kill and

asked for the other dead to be removed before

any more pigs were unloaded.  The remainder of

the truck was unloaded without incident.  There

were 10 bloated deads on in total on truck and

another was euthanized in a pen following

unloading.  The driver also stated that the #10

dead was a splay that the producer insisted the

driver load.  The driver stated that he didn’t

expect that one to make it any how. § 313.2

Handling of livestock. (a) Driving of livestock from

the unloading ramps to the holding pens and from

the holding pens to the stunning area shall be

OPEN

(b) (6)

(b) (6)

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

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 14

EstNbr EstName NR# Date Task TaskName Regs Description Status

done with a minimum of excitement and

discomfort to the animals. Livestock shall not be

forced to move faster than a normal walking

speed. Additionally, NR FYC4804060010N was

recently presented to JHR regarding a similar

incident which was appealed by the plant

supported by the establishment’s Humane

Handling Program and Driver Training.  A barn

employee training session was also recently

presented within the past 30 days.  It was

apparent this morning that the process and

training needs to be re-evaluated as the actions

witnessed are unacceptable.

M818+V81

8

J.H. Routh

Packing Co.

FYC430

806262

7N-1

06/27/2019 04C02 Livestock

Humane

Handling

313.2 At approximately 6:45 am while performing the

ante mortem Task witnessed the

following: 18 dead pigs were discovered in a pen

with other live pigs.  Those pigs had been dead

from a few to many hours (extremely bloated and

green).  Two other pigs were euthanized in this

pen to prevent ongoing suffering from suspected

heat stress as evidenced by labored breathing and

inability to rise.  The pen appeared to be

overcrowded, as dead pigs were literally

discovered beneath the live animals, which

prevented others from gaining access to the

waterer.  The pigs in this pen appeared to be

extremely thirsty as evidenced by the fact that

many were “sucking-down” water when able to

access the waterer as the pen was emptied of live

animals. In reference to verification of the animal

handling task found these observations

to represent a non-compliance with 9 CFR

313.2(e).   9 CFR 312(e) Animals shall have access

to water in all 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.

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 15

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1664+P1

9846+V166

4

Kah and

Company

Incorporated

NPN39

070427

04N-1

04/03/2019 04C02 Livestock

Humane

Handling

313.1 On 04/03/2019 at approximately 1400 hours,

, and , were

evaluating establishments compliance with the

HATS category IV, AM inspection, and we

observed the following: 1.   and myself

noted while observing the livestock holding pen

area there is numerous sharp pointed areas, and

rusted areas that have become very sharp and

jagged, these areas could cause injury to the

animals.     and I talked with the

owner, Kris Kah, and made him aware of the

violations we had found and that a

noncompliance will be issued at the

establishment. Kris Kah stated the establishment

does have all new railing and gates for the holding

pens that will be put in place. stated

that was fine, but the areas found needs to be

corrected immediately so no livestock is in harms

way. IPP issued US REJECTED tag # B26 498524

and I have walked through the area with Kris and

 and showed them the numerous areas

affected. This does represent noncompliance with

9CFR 313.1(a).

CLOSED

(b) (6)

(b) (6)(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 16

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1664+P1

9846+V166

4

Kah and

Company

Incorporated

NPN44

080609

13N-1

06/12/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

On June 12, 2019 at approximately 0805 hours

while verifying HATS category VIII- Stunning

Effectiveness of cattle at Est. M1664, Kah Meats,

Inc. Inspector Abbott observed the following

noncompliance: -At approximately 0810 hours, a

steer of average size was brought to the knock box

for stunning. The captive bolt operator had

difficulty moving the animal from the pen to the

knock box, the animal was overly anxious and

jumpy. After entering the knock box,  the animal

was still anxious and trying to move about in the

knock box. The operator did not use the head

catch on this animal, and the animal was still

moving around as the captive bolt was deployed.

This stunning attempt failed to render the animal

insensible. The animal remained standing,

vocalized loudly three times, and was  jumping

and kicking. After the failed stunning attempt, the

captive bolt operator had difficulty moving the

animal into the head catch.  After the animal was

placed in the head catch, the operator retrieved

the back-up captive bolt stunner. The operator's

second attempt at stunning was successful at

rendering the animal unconscious.  The skull was

examined by 

,  and it was noted that both

attempts at stunning made contact with the

animal's skull. Both captive bolt stun entries were

approximately two inches higher than the middle

of the forehead. Owners/Operators Kris and Jane

Kah were notified about this humane handling

noncompliance.  These observations are

noncompliant with 9 CFR 313.15(a)(1) and 9 CFR

313.15(b)(1)iii.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 17

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF331

004242

3N-1

04/22/2019 04C02 Livestock

Humane

Handling

313.1 On April 22, 2019, I was

performing the Humane handling task. I observed

in the barn area the old scale that is used as an

aisle to move animals from one pen to the other

had an old board laying on top of a 2x2 foot area

which was about a 1-foot deep hole. The board

that was placed on top was not stable and easily

moved when walking over it. It also did not cover

the dimension of the hole. At both ends of the

chute, the chains were not locked, allowing

animals to enter. A regulatory control action was

taken, and a US rejected tag was placed on the

chute at approximately 1400 hours, tag number

B23888305. I notified Frank Greise, plant

owner,of the noncompliance. My above findings

are considered a non-compliance with the

following regulation:  9 CFR 313.1: Livestock

pens, driveways and ramps.

CLOSED

M6526 Blue Ridge

Meats of Front

Royal

QEM32

090517

22N-1

05/22/2019 04C02 Livestock

Humane

Handling

313.2 While performing Hats category III (water and

feed availability) verification at approximately

0900 hours, IIC observed the following

non-compliance; Pen #5 inside the building had 3

hogs in it.  The hogs had no water.  There was a

five gallon bucket provided for water which was

laying on its side.  was notified of

this non-compliance and immediately went to the

pen and provided water for the hogs.  At

approximately 1000 hours, IIC checked the pens

again and all animals had water. The above cited

observation demonstrates the establishment's

failure to comply with 9CFR 313.2

CLOSED

M7415+P7

415+V7415

HOFFMAN'S

QUALITY

MEATS

YUN070

904083

0N-1

04/30/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 0730 hours while performing a

HSA, , observed an ineffective

stun applied to a beef.  The animal remained calm

and a second effective stun was immediately

applied. After the head skinned, two holes were

observed.  Mr. Gene Rhodes, plant manager, was

notified of the establishment's failure to meet

9CFR regulations.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 18

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7415+P7

415+V7415

HOFFMAN'S

QUALITY

MEATS

YUN450

706061

8N-1

06/18/2019 04C02 Livestock

Humane

Handling

313.1, 313.2 At approximately 0825 hours while performing a

humane handling verification task I observed six

cattle in pen  #1 (located in livestock barn ). The

cattle did not have any access to water and as I

watched one of the cattle stepped into the open

drain (drain cover was laying beside drain.). 

Immediate corrective action was taken by

,

Cattle were relocated to another pen with water

and drain cover in place. Mr. Rhodes (plant

manager) was notified of this non-compliance. 

Through the issuance of this non-compliance

record the management of Hoffman Meats ( est.

7415) is being notified that the establishment has

failed to comply with the regulatory requirements

of 9 CFR 313.1, and 9 CFR 313.2.

CLOSED

M8892+P8

892+V8892

Haass' Family

Butcher Shop,

Inc.

CVJ431

006090

4N-1

06/03/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

At approximately 1:40pm on 6/3/2019, I

, at

M8892 Haass Family Butcher Shop observed the

following non-compliance; a bovine heifer in an

excited state, was not effectively rendered

unconscious on the first knock. There was a

repeatable menace response and rhythmic

breathing noted. 

 immediately and effectively delivered

the second knock which successfully rendered the

animal unconscious. The animal remained

unconscious after the second knock through

hoisting and sticking. The establishment failed to

meet the regulations in 9 CFR 313.15(a)(1) and

313.15(a)(3) under HATS category VIII stunning

effectiveness. 

 was notified of this non-egregious

humane handling noncompliance.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 19

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10835+P

10835+V10

835

Sudlersville

Frozen Meat

Locker

YRB311

206340

5N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(2)

Today, June 05, 2019 at approximately 0903

hours while verifying compliance with humane

animal treatment category VIII, stunning

effectiveness, the following noncompliance was

observed. I observed an establishment employee

attempting to discharge a firearm into the center

of the forehead of a steer within the knocking

area. Prior to the shot the steer was vocalizing and

appeared anxious within the knocking pen. Upon

trying to aim at the steer, the steers head abruptly

moved causing an inadequate off-centered strike

to the head, therefore not administering a

stunning method that is rapid and effective in

producing immediate unconsciousness to the

animal. The establishment employee immediately

fired a second shot that was effective in rendering

the animal unconscious. I immediately notified

 and Mr.

Dwayne Nickerson, plant owner of the

noncompliance and the failure to meet the

regulatory requirements of 9 CFR 313.16 (a) (1)

and 313.16 (a) (2). I also informed 

that I would need sufficient immediate

preventative measures to ensure that the incident

would not occur again. verbally

stated that he would have the employee wait to

allow time for the animal to calm down before

taking a shot. Mr. Nickerson added that he would

immediately switch to a more experienced kill

person. After agreeing to the proposed measures, I

observed the rest of the day’s cattle slaughter to

ensure regulatory compliance and no further

incidences occurred. Mr. Dwayne Nickerson,

plant owner, was verbally notified and through

this noncompliance report of the establishments

failure to meet the regulatory requirements of 9

CFR Section 313.16 (a) (1) and 313.16 (a) (2) 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) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 20

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH420

006122

2N-1

06/22/2019 04C02 Livestock

Humane

Handling

313.2, 313.5 HATS category VI On June 21, 2019, the following

noncompliance was observed by 

. While confirming the

number of dead hogs to be tagged, 

 noticed that the establishment was nearly

to their last pen. She then noticed that the sounds

coming from the hogs on the other end of the

barn were louder than the usual sound of hogs in

a mostly empty barn.  More than 50 hogs were in

the alley leading to the guillotine doors.  The gates

from the south end of pen 8 to the north end of

pen 3 were open. moved closer

and saw the hogs in the alley were running back

and forth along the entire area and bumping into

each other. The Tyson team member at pen 3,

was opening and closing that gate to get the

correct number of hogs into the smaller runs right

in front of the guillotine doors. When a small

group was separated out in front of pen 3, they

could be observed breathing heavily with mouths

open, with wide eyes, and bunching up in the

corner. At the south end of pen 8, there was a

downer which was moved from the drive alley to

pen 7 to be shot. The gates to the drive alley were

left open during that time. The hogs in the alley

kept a distance from the team members and the

downed hogs. looked around

and found no supervision in the barn.  She walked

to the scaling office and asked 

 to come out to the drive alley

 explained her concerns for the

handling of such a large group of hogs to

 as they walked back out to the drive alley. 

During this time, the downer hog was shot and

picked up by a skid steer.  Once the downer hog

was moved, the gate to pen 8 was opened again,

and more hogs were driven into the drive alley.  At

the same time, the guillotine doors were raised,

and rattle cans used to move hogs into the CO2

room. The new group of hogs, running out of pen

8 toward pen 3, created a wave with hogs closer

OPEN

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

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

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 21

EstNbr EstName NR# Date Task TaskName Regs Description Status

to pen 3 running toward pen 8.  These hogs met

at the middle and crashed into each other. There

were hogs on top of other hogs and loud

vocalization. At that time, 

noted a Tyson team lead come out from the CO2

room and informed him of the noncompliance. 

She requested . 

She notified 

 verbally of the noncompliance. This is

written notice of noncompliance of 9 CFR 313.2(a)

and 9 CFR 313.5(a)2. The gates between pens 7,

6, 5, and 4 were closed, and smaller groups of

hogs were moved to the guillotine doors for the

rest of the last pen. Further corrective actions will

be noted in the response to this noncompliance.

M788 Aurora Packing

Company, Inc.

GLK081

605561

0N-1

05/10/2019 04C02 Livestock

Humane

Handling

313.2 I, performed ante-mortem

inspection on Wednesday May 8th at 5:45AM.  I

noticed that the pen # 15 was very crowded.

Many of the  cattle were standing with their heads

on top of the other cattle, because they didn't

have enough room to stand. These cattle were

kept overnight in this pen. Due to this

overcrowding, they would have hard time to reach

water troughs. Two or three cattle were sitting in

one corner of the pen. The cattle in rest of this

pen had barely enough room to stand. There was

not enough room for rest of the cattle to lay down

and take rest. It may not be possible for rest of the

cattle to move near the two water troughs for

drinking water. The following regulation was

violated; According to the 9 CFR 313.3(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".  I

showed this overcrowded pen to 

, who is the 

. He moved some of the cattle in another

pen. He said that he would put lesser number of

cattle in the pen # 15 in the future.

CLOSED

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

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 22

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6775+V6

775

Calihan Pork

Processors

EZI0308

053802

N-1

05/02/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III- Water and Feed Availability 

On May 2nd, 2019 at approximately 0530 while I,

, was performing ante-mortem

inspection, I observed 3 pens of hogs that had pen

cards signed the previous day (May 1st, 2019) at

0545 hours, with a yard time of 0545 as well. A

small amount of feed was observed in pen 922

which held 9 boars. No feed was observed in pens

808 and 829 which held a combined 97 sows, and

several sows were “balking” at the front of the

pens while being inspected. All pens were

observed to have water. I immediately inquired

with the barn employees about if the animals had

been fed overnight, and was informed that only

pen 922 had been fed the previous night. During

this time establishment employees began moving

the hogs from pens 19, 922, and 924 toward the

kill alley to begin slaughter operations. At

approximately 0610, I located 

, and explained my findings

and that the two pens of hogs had been held for

more than 24 hours without feed. And, these pens

would not be slaughtered first thing this morning

as approximately 60 hogs had already been

moved to the kill alley to be slaughtered.  After

discussion with his employees and management,

 informed me that the employees had

been instructed the previous afternoon to feed

any hogs that had been unloaded and penned the

previous morning. However, the two pens I had

brought to their attention had been missed by the

employee. I informed him that a non-compliance

would be documented and reminded him that this

topic had previously been discussed at an

establishment meeting and documented in an

MOI (#EX15712041605E), dated April 4th, 2019. 

The establishment’s immediate corrective actions

were to move up the slaughter of the two pens of

sows, and to provide feed to those pens with hogs

signed for the previous morning that were unlikely

to be slaughtered within 24 hours. The

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 23

EstNbr EstName NR# Date Task TaskName Regs Description Status

establishment was in noncompliance with 9CFR

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.”

M20263 Halal Farms

U.S.A. Inc.

MWN2

110043

804N-1

04/04/2019 04C02 Livestock

Humane

Handling

313.1 HATS Category 2 – Truck Unloading At

approximately 0640 I went outside to watch a

livestock trailer be unloaded and I observed the

following noncompliance. I exited the building on

the west side. When I stepped outside, I observed

a brown goat running across the parking lot

heading south towards Badger St. I immediately

went and informed both

. took a few

employees out to try and corral the goat. For

approximately an hour the staff tried looking for

the goat. Once finished unloading the trailer,

he then helped looked for the goat.  The goat was

last seen heading west and is still running and

loose. I inspected the unloading dock area. The

support post on the farthest north side has been

broken away from its footings and snapped in

two. This is in immediate need of repair. There are

no sharp or jagged edges that can harm any

livestock. The post has been moved back about 4

to 5 inches which creates a space for livestock to

crawl through when trailers are being unloaded. I

informed that an NR would be

forthcoming. Your Establishment has failed to

comply with Regulation 9CFR 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.

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

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 24

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20411+V

20411

Woodland

Bison, Inc.

AQG13

100623

11N-1

06/11/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 10:50 am on 11 June 2019, I

observed a plant employee fail to render a steer

unconscious with the first gunshot attempt.  He

immediately reloaded the firearm and rendered

the steer unconscious on the second attempt.  The

steer was later shackled and butchered without

further incident.   I immediately notified

at

M20411, and explained to her that I would be

documenting a non-compliance record.  These

observations were made while performing HATS

category VIII and are noncompliant with 9 CFR

313.16(a)(1).  HATS - Category VIIl-Stunning

Effectiveness (Humane Handling Activity Tracking

System), is the task that verifies that the

establishment is appropriately and effectively

stunning animals to produce immediate

unconsciousness before the animal is shackled,

hoisted thrown, or stuck.

OPEN

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ550

104352

8N-1

04/27/2019 04C02 Livestock

Humane

Handling

313.1 Category IV At approximately 0130 on 28 April

2019 hours while observing the shower and

butina area, the Inspector noticed the following

non-compliance. In the north shower pen on the

east end the gate that goes from the cement wall

to the S-curve pathway had an exposed jagged

edge that was just over twelve inches off the

ground. This was due to the solid gate cover

deteriorating and the metal was bent outward. 

This gate was rejected with US Reject Tag

#B37081252. 

was notified of the forthcoming non-compliance

and shown the disrepair and also an additional

gate that was starting to deteriorate. 

called for maintenance to begin repairs

immediately. The requirements of 9 CFR 313.1(a)

were not met.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 25

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ051

505090

8N-1

05/07/2019 04C02 Livestock

Humane

Handling

313.2 HATS Categories V and VI (Suspect and

Disabled & Alternative Object Use) On

05/07/2019 at 1600 hours, while performing

inspection on suspect and disabled animals in

“cripple pen B”, I observed a fresh laceration on

the lateral carpus of a hog.  I had seen a similar

laceration on another disabled animal in pen B

earlier in the day.  I then went and observed the

small vehicle the barn personnel use to move

cripples.  Employees stand when operating this

vehicle.  They place non-ambulatory disabled hogs

in its front-loaded metal bucket and transport the

animals to pen B.  The entire 5-foot length of the

bottom, front edge of the metal bucket had a

sharp edge.  This sharp edge is exposed to hogs

when they are placed in the bucket.  I showed

 my findings and

informed him I would be issuing a noncompliance

report.  I placed USDA Reject tag B37081250 on

the bucket and indicated it could not be used to

move hogs until repairs were made.  On

05/08/2019 at 0840 hours, the establishment

showed me a rounded metal piece that was

welded on the length of the bucket’s edge,

effectively removing the sharp edge.  I removed

the USDA Reject tag and released the bucket for

use. This is noncompliant with 9 CFR 313.2(c) as

sharp objects which, in the opinion of the

inspector, would cause injury or unnecessary pain

to the animals shall not be used to drive livestock. 

I cannot definitively confirm that the sharp edge

on the bucket caused the 2 lacerations I observed.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 26

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ512

305142

8N-1

05/28/2019 04C02 Livestock

Humane

Handling

313.1 HATS Category VII: Slips and Falls At

approximately 2210 hours while observing hogs in

pen 323 of the "old" barn, the following

non-compliance was observed. While observing

pigs in pen 323 along the East side, I saw pigs

approach the water tank to drink. The water tank

is placed at the middle point of the South wall of

the pen. The tank is raised on an approximately 8

inch platform. The pigs must step up on the

platform to access the water tank. The step up is

covered by a diamond plate sheet of metal

covering the draining gutter below the tank. As

pigs would step up to the water tank, I noticed

some would avoid the West edge of the step up. I

walked around to the West side of the pen and

saw that the diamond plate covering had shifted

away from the step up creating an approximately

5 inch gap into the draining gutter below.  I

witnessed pigs trying to avoid the gap and some

stepping down into the gap as they drank from

the tank. I did not see any cuts or scrapes to the

legs of the pigs in this pen. I immediately called

for a supervisor to the pen. When 

 arrived, I showed him my

observations and informed him of the

forthcoming non-compliance report. As this pen

had already been FSIS ante-mortem inspected and

passed, the pigs where sent to slaughter. An

establishment employee remained by the water

tank to prevent pigs from stepping into the gutter

while being driven out of the pen. Upon emptying

of the pen, I placed Reject Tag B20895644 on the

pen. At approximately 0035 hours after repairs

had been made, I inspected the gutter covering.

New bolts had been put into place to secure

the plate into position. With the repairs made, I

removed the tag and released the pen back into

production. This is non-compliant with 9 CFR

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,

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 27

EstNbr EstName NR# Date Task TaskName Regs Description Status

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."
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 28

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ580

706501

9N-1

06/18/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category IV – Handling During Ante-mortem

Inspection HATS Category VI – Alternative Object

Use On 06/18/2019 at 1019 hours while

performing antemortem inspection, I observed a

humane handing noncompliance when employees

were removing hogs from pen #20. I performed

antemortem inspection on pen 20 and released

the 177 hogs for slaughter.  A company employee

then began moving the hogs in pen 20 to

slaughter.  Pen 20 has a 3-foot-tall metal gate in

the middle of the pen which divides the pen into

two sections (north and south).  I observed an

employee enter the front of the pen (north),

standing in the path of the hog’s exit.  The

employee then attempted to walk through the

stocked pen of hogs, with a rattle paddle, towards

the divider gate in the middle of the pen.  The

employee was attempting to get behind the group

of hogs to start driving them towards the exit. 

Moving through the group with the paddle caused

the hogs to get excitable, driving them backwards

towards the divider gate in pen 20.  With no room

to move, the hogs began piling on top of one

another against the divider gate with increasing

vocalization.  The employee continued walking

through the hogs despite their increasing

excitability.  I then observed one hog climb on the

back of the group of hogs and jump over the

3-foot divider gate, landing in the south side of

pen 20. was present at

the time of my observation and I informed her

that I would be issuing a noncompliance report. 

 informed me as a corrective action they

decreased the pen capacity guidelines to prevent

overcrowding in the pens.  Later in the day it was

noted that the pen capacity count in pen 20 was

decreased from 184 to 154.  This is

noncompliant with 9 CFR 313.2(a) as driving of

livestock from the holding pens to the stunning

area shall be done with a minimum of excitement.

Weekly meeting MOI WLJ4217040419E from

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 29

EstNbr EstName NR# Date Task TaskName Regs Description Status

4/18/2019 documents that USDA expressed its

concern for this very scenario.  The MOI states,

“ observed drivers entering the front of

a pen (where the hogs need to exit).  This drives

the hogs to the back of the pen causing

commotion with hogs getting excitable.”

M2439+P2

439+V2439

Ranchland

Packing Co.

WHN20

120414

30N-1

04/30/2019 04C02 Livestock

Humane

Handling

313.30(a)(3) Category VIII Stunning Effectiveness: On 4/30/19

at approximately 10:50 hours 

 observed plant employee, 

attempt to knock a sow with the 12 gauge shot

gun while he was on the other side of the knock

box. After heard the shotgun discharge

the sow began vocalizing and did not fall to the

ground. then went to the other side of

the knock box and observed render the

animal unconscious with a properly placed second

shot from the shotgun.  The time between the first

knock and the second knock that rendered the

animal unconscious was about 90 seconds. An

exam of the swine’s head revealed the knock was

too far forward. An immediate regulatory control

action was taken with the placing of US Rejected

tag number A6543731 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). 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

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 30

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2460+P2

460

Cimpl's, Inc. PMB00

120443

29N-1

04/29/2019 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

HATS VI - Alternative Object Use HATS

VIII - Stunning effectiveness At 0956 hours while

observing HATS at the restrainer, the following

humane handling violation was observed. The

establishment was harvesting cows via an initial

ritual cut (HALAL) followed by an immediate

knock via a pneumatic captive bolt gun. The lot of

cows consisted of mixed dairy, mostly small Jersey

cows and Jersey crosses. At the time of the

incident, a smaller Jersey cow was in the

restrainer and was balking at the head catch. The

size of the cow’s head in relation to the size of the

head catch made it difficult to restrain the cow.

After several attempts the HALAL practitioner

grabbed the cow’s right ear with his left hand and

attempted to pull the cow into the head catch at

which point the cow appeared to struggle more

(pulled back). I immediately instructed him to

stop, which he did. I let the stunner know that

harvest was temporarily halted and for him to let

the cow out of the restrainer. I rejected the

restrainer with US Reject tag B38161047 and

notified

 of this regulatory control action. This is

a violation of 9 CFR 313.2 and 9 CFR 313.15(a)(2)

which set the standard for the handling of

conscious animals prior to stunning. The

establishment proffered written corrective

actions, the regulatory control was removed, and

harvest was allowed to resume.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 31

EstNbr EstName NR# Date Task TaskName Regs Description Status

M18859+P

18859+V18

859

North

American

Bison, LLC

HFB571

705100

1N-1

05/01/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category VI  Electric Prod/Alternative Object

Use On May 1, 2019 at approximately 1647

hours while establishment was unloading Bison

animals from a trailer, animals were to be held

overnight for slaughter the following day, I

observed the following Noncompliance: I noticed

through the inedible room roll up door a trailer

containing Bison backed up to the unloading

ramp. Loud noises could be heard coming from

outside and through a window on the roll up

door the I observed 

 was repeating using an

electrical prod on a Bison inside of trailer that was

refusing to going down ramp. 

 was on the opposite side of

trailer and was also observed repeatedly using

electrical prod on the Bison. The animal inside of

trailer responded to prodding by kicking the

trailer side and moving away. No vocalization was

heard coming from the animal. I went outside to

get a better view of what was occurring and  I

observed prod the animal four times

before he noticed I was standing watching at

which point he stopped due to be me being

present. He rested the prod against the trailer and

began using a rattle paddle to encourage the

animal to unload. prodded the animal

four times before he was informed by 

of my presence, he stopped using prod and began

to use a rattle paddle to encourage unloading. The

animal in the trailer responded to the prods by

kicking the trailer side, moving from one side to

another and at times by spinning in circles

before ramming sides with its head. After several

minutes Plant Manger Rodney Swart came out to

help unload animals and was informed of

Noncompliance. Animal was moved to belly of

trailer by the use of rattle paddles and was able to

be unloaded last after the rest of the animals were

unloaded without the use of electrical prods. 

Noncompliance with 313.2(b) establishment

CLOSED

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

(b) (6)(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 32

EstNbr EstName NR# Date Task TaskName Regs Description Status

excessive use of electrical prods did not minimize

the excitement of animal and was causing

discomfort.

M889A+V8

89

J.F. O'Neill

Packing Co.

Inc.

DSC410

604451

7N-1

04/17/2019 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability;

Category IV - Ante-mortem Inspection At

approximately 0610 on 4/17/2019, I entered the

barn to perform ante-mortem inspection.  When I

reached the top of the stairs I discovered three

bovines in the alley instead of a pen.  They were

contained by a gate across the alley and one to

Pen 3.  The gate to Pen 3 was unlatched and three

of them wandered out, but then none could

return as the gate limited their movement.  The

area where they were caught was just big enough

for the three, so when one tried to return to Pen

3, the gate would get pushed shut at the same

time.  The alley does not hold a watering point;

therefore, these animals had no access to water

since some time after around 1900 Tuesday

(4/16) evening when the last establishment

employee was in the barn.  One employee was

currently present in the barn, so I asked him to

find 

to witness the situation

while I waited.  A few minutes later 

returned and observed the animals without access

to water.  At that point he instructed the barn

employee to open pen gates in order to allow the

animals to move out of their confined space and

then into a pen with water access.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 33

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2366+P2

366+V2366

Ben-Lee

Processing Inc.

XBJ171

204262

5N-1

04/25/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) At approx. 1100 hours on 04/25/2019 

 witnessed an employee

attempt to render a very agitated animal

unconscious with a rifle. The employee was very

patient and waited for the animal to calm down

but the first attempt was high. The second

attempt was immediate and accurate and

rendered the animal unconscious. Failure to

render the animal unconscious on the first

attempt is a noncompliance of regulation

313.16(a)(1). The employee knew what to do and

was prepared. The establishment was instructed

to continue and that an NR would be issued.

There has been no other issues or NR's written in

the past 90 days.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 34

EstNbr EstName NR# Date Task TaskName Regs Description Status

M320M+V

320

Smithfield

Fresh Meats

Corp.

VWK23

140614

05N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.1 CATEGORY IV – ANTE-MORTEM INSPECTION On

June 5, 2019 at approximately 1000 hours I, 

, was performing ante-mortem

inspection. While observing the 172 pigs in pen

1DC I observed a metal plate approximately 3 ft

by 3 ft that had fallen on the floor. The plate is

usually secured against the wall toward the center

of the pen to seal off a previous gate location that

is no longer used. There were six empty nail holes

in the plate, and two holes with 1” nails present

that were pointing vertically with the pointed end

up. There were two 1” bent nails present on the

ground in the pen. In the section of wall normally

sealed off by the plate, there was an old hinge

which had one nail present and one empty nail

hole. The plant employee escorting me

immediately moved to pick up the plate and both

the plate and the nails were removed from the

pen. I rejected the pen with US Reject

Tag # B28276046 and notified 

 this is a noncompliance with 9 CFR

313.1(a). The pigs were moved out of the pen

and the wall and metal plate were repaired. The

pen was checked for any remaining loose nails

and none were found. I removed the reject tag at

approximately 1205 hours and returned the pen

to use for production.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 35

EstNbr EstName NR# Date Task TaskName Regs Description Status

M245E Tyson Fresh

Meats, Inc.

IBF3009

045222

N-1

04/22/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VIII- Stunning and Effectiveness: 9

CFR 313.15 (a)(1) 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. On 4/20/2019, at

approximately 1914 hours, I was at the knocking

box performing a Humane Handling Task. I

observed a heifer receive a direct contact knock

from the pneumatic knocking gun that didn’t

render the animal unconscious on the first

attempt. The animal was alert and was voluntarily

blinking and moving its head around in a

controlled manner after the first attempt. The

animal never vocalized or showed excitement.

Short time later the heifer received a second

knock, from the back up knocker, with the

hand-held captive bolt that did render the animal

unconscious. There was a QA present at the time

who took immediate action by stopping

production for the same observation. The QA

immediately called for the Animal Welfare

Specialist and a supervisor to come to the

knocking box. The QA informed the

, as to his

observation upon his arrival. 

 arrived at the knocking area

 inspected the knocking holes and

stated that the knocks had penetrated the brain

cavity. I also had the QA call to

the knocking box at this time. When 

and were present, I informed them of

my observations. informed 

 that they could

resume production due to it not being egregious.

 informed that they were

running the line out for lunch break at this time. 

CLOSED

(b) (6)

(b) (6)

(b) (6)

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 36

EstNbr EstName NR# Date Task TaskName Regs Description Status

 were informed

that a Non-compliance record would be issued.

M337+V33

7

STX Beef

Company

UNG49

070421

08N-1

04/04/2019 04C02 Livestock

Humane

Handling

313.2 HAT Category IV : 9 CFR 313.2(a) Today April 4,

2019 at approximately 9:15 am, my attention was

called because three steers were down on the

right lane of the serpentine walkway. The first and

the last steers somersaulted on their back and the

middle one was lying on its belly with the head

area covered by the first steer.At 9:30 am the first

steer was stunned by a gunshot, upon prior

consultation with the IIC, and the third steer was

stunned by the kill floor superintendent and the

plant personnel were able to extract the steer

successfully and send it to the shackle/hoisting

area where it was hanged and bled. The

second/middle steer was able to stand,

ambulate/walk to the stunning area.   This

non-compliance was documented for the Plant

failure to comply with 9 CFR 313.2(a) "Driving of

livestock from the unloading ramps to the holding

pens to the stunning area shall be done with a

minimum of excitement and  discomfort to the

animals. Livestock shall not be forced to move

faster than a normal walking speed." An

experience employee by the name of 

was assigned to the serpentine driveway area and

no repetition of the said incident occurred again.

CLOSED

M7050+P7

050

Dalhart

Processing

SVK321

106121

1N-1

06/11/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category 3: Water/Feed Availability: 9 CFR

313.2(e) On 06/11/2019 While performing

Anti-Mortem Inspection at Est, 7050 Dalhart

Processing I observed the following

non-compliance, 1 animal (Swine), no water was

available for this animal. I notified Management

about the non-compliance  This is a violation of 9

CFR 313.2(e)

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 37

EstNbr EstName NR# Date Task TaskName Regs Description Status

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI551

404001

5N-1

04/15/2019 04C02 Livestock

Humane

Handling

313.1, 313.2 On April 15, 2019, while conducting an

ante-mortem inspection of the facilities and

animals at Establishment M13445, I observed that

the holding pens/fences were in a poor state of

repair, and animals that had been held overnight

did not have adequate access to feed and water. 

The establishment has failed to maintain the pens

and fencing.  As a result, several locations had

jagged pieces of metal protruding inwards which

could potentially injure the animals as they are

being driven to the knock box.  This finding is in

direct contradiction to the establishment’s

Humane Handling program under objective two

and 9 CFR 313.1 (HATS category II. Truck

Unloading).  Furthermore, the cattle in pen two

had no access to feed and the 24 pigs in pen five

had no access to feed or water which is

noncompliant with 9 CFR 313.2(e) [HATS category

III. Water and Feed Availability].  These findings

were presented to Establishment Administrator

Kelsey Lloyd and a USDA Reject Tag [B41226924]

was placed on the unloading area at

approximately 0830.  Once establishment

maintenance personnel removed the jagged metal

and provided animals with adequate access to

feed/water, the USDA Tag was removed at 1100. 

While inspecting the holding pens on April 17,

2019, three additional areas of sharp and/or

protruding objects were observed.  These areas

included:  screws protruding from the east wall in

the unloading alley, sharp edges of a metal plate

used to reinforce the fencing leading to the knock

box, and portions of sheet metal used to reinforce

the gate of pen 7.  These areas were presented to

Establishment Administrator Kelsey Lloyd.  The

knock box was tagged with a USDA Reject Tag

[B36297626].  Again, these findings are in direct

contradiction to the Establishment’s Humane

Handling program under objective two and 9 CFR

313.1 (HATS Category II. Truck Unloading). 

Establishment maintenance personnel

OPEN
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 38

EstNbr EstName NR# Date Task TaskName Regs Description Status

immediately addressed the areas of concern, and

establishment management submitted a Course of

Action to prevent recurrence of similar findings. 

Pens and alleys were re-inspected at 1415 and

found to be in compliance with 9 CFR 313.1, thus

allowing for the subsequent removal of USDA

Reject Tag B36297626.

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI371

204511

6N-1

04/16/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.2(f)

At approximately 1100 on April 16, 2019, while

performing administrative duties at establishment

M13445 [writing NRs in USDA office], I heard the

report of a captive bolt followed by a cow

vocalizing.  I immediately proceeded to the

slaughter floor where I found a conscious animal

in the knock box.  The Kill Floor foreman was

rushing to retrieve a rifle while the individual

performing halal slaughter was rapidly attempting

to reload a captive bolt.  The animal in the knock

box was rendered unconscious within the next

two minutes after being struck by the captive bolt

an additional time.  Upon arrival to the kill floor, I

did not observe a backup stunning device or rifle

which is to be readily available for ritual slaughter

according the establishment’s humane handling

program under objective 3.  Post-mortem

examination of the animal revealed the animal

sustained a misplaced knock (vs a missed knock or

misfire) followed by an accurate knock.  These

observations/findings are in noncompliance with

9 CFR 313.2(f) and 313.15a(1) under the HATS

Category VIII Stunning Effectiveness.  The knock

box was tagged USDA Rejected [Tag B36297621]

at 1110h and Establishment Administrator Kelsey

Lloyd was made aware of the findings.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 39

EstNbr EstName NR# Date Task TaskName Regs Description Status

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI491

206510

6N-1

06/06/2019 04C02 Livestock

Humane

Handling

313.1 On 06 June 2019 at approximately 1030, while

conducting a Humane Handling task at Est

M13445, I observed various deficiencies with the

pens, alleys, and driveways.  They are not being

adequately maintained and have poor drainage. 

As a result, each cattle pen is filled with several

feet of mud and manure resulting in tens of

thousands of maggots being observed throughout

this area due to large amounts of standing water,

feed, and manure.  Debilitated/sick cattle can

become bogged down in this material and

trampled if not appropriately separated or the

stocking density is too high.  The alleyway, which

is used to separate and examine cattle for

antemortem purposes, is constructed of smooth

concrete which also has poor drainage.  This

surface does not provide an adequate

slip-resistant surface for cattle being driven to the

knock box.  There are loose bars and sharp edges

protruding in the unloading alley for the pig pens.

Some of these deficiencies were expected to be

addressed through corrective actions proffered by

management in response dated April 17, 2019 to

NR ABI5514040015N.  Management has failed to

follow through on these corrective actions.  These

findings are noncompliant with the

establishment’s Humane Handling program under

objective two and 9 CFR 313.1 (HATS category II.

Truck Unloading).  Once again, as noted in the

MOI dated 5/16/2019, management at

Establishment M13445 has failed to implement its

own humane handling program.  Failure to

effectively address these findings has resulted in

regulatory control action being taken and

unloading pen was tagged US Rejected

B36297649

OPEN
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 40

EstNbr EstName NR# Date Task TaskName Regs Description Status

M13445+P

13445+V13

445

Huse's

Processing Inc.

ABI021

007040

1N-1

06/28/2019 04C02 Livestock

Humane

Handling

313.1, 313.2 On 28 June 2019 at approximately 1035, I

observed and one of his suppliers

attempting to unload a double axle cattle trailer

with five head on board.   As the holding pens and

alley was already full, some of the cattle were

moved off premises to make room for the arriving

cattle.  As I observed the animals being moved off

premises, I noticed that several (5-6) calves had

broken limbs or were non-weight bearing on one

of their limbs and the deep mud in the pens only

exacerbated their difficulty.  By definition, these

calves are disabled and should be separated from

normal ambulatory animals in accordance with 9

CFR 313.2(d)(1).  Additionally, despite the recent

improvements to the pens, they still lack the

adequate footing as required by 9 CFR 313.1b. 

 was verbally informed of the pending

noncompliance record.  This document serves as

written notice of the establishment’s failure to

comply with the Federal Regulations and

continued noncompliance could result in

additional regulatory or administrative action.

OPEN

M8080+P8

080

The Hillshire

Brands

Company

CON41

090511

06N-1

05/06/2019 04C02 Livestock

Humane

Handling

313.2 May 6, 2019 At approximately 15:45 

found hogs in the back alley near the loading

docks with 7 animals laying there. Upon further

investigation found that the gate to pen

24 was unsecured which allowed the animals to

leave the holding pen. The gate was closed so that

those animals were unable to re-enter the pen

leaving them no access to water. Also, the gate to

the exit door by the docks was also unsecure

leaving a potential opportunity for the animals to

push out the gate. This incident violates 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. USDA FSIS 

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 41

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7455+P7

455+V7455

Williams

Sausage Co Inc

UQD16

090427

30N-1

04/30/2019 04C02 Livestock

Humane

Handling

313.2 HAT Category III (Water and Feed Availability) On

4/30/19, while performing HATS Task 3 at

approximately 8:45 a.m., I 

observed a disabled sow lying alone in a

non-livestock holding pen (the alleyway between

pens 3 and 5) with no available water supply.  I

immediately notified of the

noncompliance and observed as he promptly took

a bucket of water into the alleyway with the sow. 

He indicated that the sow was to be slaughtered

directly after the employees returned from break. 

I informed him this would be documented as it is

noncompliance with 9 CFR 313.2(e) and

subsequently informed Mr. Tommy Ray, Senior

Plant Manager, of this noncompliance.

CLOSED

M966+P19

049+V966

Univ of Arizona

Food

Products &

Safety Lab

CTN151

704410

3N-1

04/03/2019 04C02 Livestock

Humane

Handling

313.1 On April 3, 2019 while performing ante-mortem

inspection I observed a puddle of water

approximately 5 feet in diameter in one of the

small ruminant animal holding pens. The pen’s

floor was dirt with straw. The water was coming

from a leaking water cup. There were no animals

in the pen at the time of inspection. This a

violation of Regulation 313.1(a). Plant

management stated that they would use the other

small ruminant pen and not put animals in the

affected pen until the water cup float was

repaired. Plant management was notified that a

noncompliance record would be issued. This

noncompliance record is not linked to another

noncompliance record.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 42

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1420+P1

420

Loftus Meats AEF031

005141

7N-1

05/17/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) On 5-15-19 at approximately 9:00 am I 

 along with 

observed the following noncompliance while

performing a Livestock Humane Handling task

during slaughter operations at Loftus Meats est.

1420, The first stun attempt on the second beef

did not render the beef unconscious, possibly

caused by what sounded like a diminished charge

in the .22 lever action rifle used by the

establishment owner Leroy Loftus. A second shot

was administered within 15 seconds which

rendered the beef unconscious and insensible to

pain. Inspection of the head confirmed that both

shots were in the proper placement. I informed

Mr. Loftus of the noncompliance and my intent to

write this NR. This was the last scheduled animal

of the day and so no other action is needed at this

time.

OPEN

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC5015

052731

N-1

05/31/2019 04C02 Livestock

Humane

Handling

313.2 Category III: Water and Feed Availability On

5/31/19 at approximately 1336 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 on the south end of the property, the

only water trough available to this pen was empty

not allowing access to any water. I verbally

notified of this

noncompliance.  I then observed 

fill the trough adequately providing 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) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 43

EstNbr EstName NR# Date Task TaskName Regs Description Status

M354 Cargill Meat

Solution

RNK291

706252

7N-1

06/27/2019 04C02 Livestock

Humane

Handling

313.2 Noncompliance observed for a beef

cow head trapped in the stunning area.  At about

0857 hours, a beef cow got its head stuck in the

knock box area with the neck curved outward in a

C-shape and trapped in a space adjacent to the

main conveyor line leading to the knock box. At

about 0903 hours, the plant reported to IPP that

they will be using to tranquilize the

animal. IPP kept monitoring the situation while

plant management went to get the tranquilizer

from the yard. At about 0910 hours, the plant

injected the first shot of A second

injection was given about 5 minutes later.

Attempts to pull the animal out proved futile until

0922 hours; the animal got pulled out of the

entrapment, was knocked and carried away to be

condemned. The  cow was in this entrapment for

an estimated 13 minutes. The establishment is

working on short and long-term corrective actions

to prevent reoccurrence; hence I elected not to

reject the knock box. I informed plant 

 that a noncompliance

against Title 9 CFR 313.2 will be issued.

CLOSED

(b) (6)

(b) (4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 44

EstNbr EstName NR# Date Task TaskName Regs Description Status

M400 Los Banos

Abattoir

ZJG311

305131

6N-1

05/16/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) On May 14, 2019 at approximately 0933 hours,

 was performing Humane

Handling task HATS category VIII: Stunning

Effectiveness, when she heard the first stun

applied, opened the door by the knock box and

observed the cow still standing and moving. 

 walked up the steps to look inside the

knock box and observed the cow was standing,

blinking, the eyes were tracking and

the stunner employee, and the cow was moving

her head towards her flank and breathing

regularly. This indicates the animal remained

conscious after the first stunning blow. The

second stun was applied immediately with a

preloaded backup stunner after the first stun.

Upon the second stun, the animal was rendered

unconscious. walked to the dry

landing area to observe the skull with hide

attached. She observed two penetrating wounds. 

 immediately stopped production after

making sure the animal was unconscious

 notified that she was

taking a regulatory control action and tagged the

knock box with US Rejected tag number No.

B45314295 in accordance with 9 CFR 313.50 (c),

and that she would be contacting 

 Hanford Circuit, to inform

her of the issue. Failure to properly knock the

animal in such a manner that produced

immediate unconscious is a violation of 9 CFR

313.15(a)(1).  As the animal was rendered

unconscious after the second blow, the issue was

deemed non-egregious noncompliance.

were informed

of the noncompliance record and the knock box

was released at 1020 hours after initial corrective

actions were proffered.

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 FOIA2019-418 14:42 Tuesday, July 2, 2019 45

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD271

804201

7N-1

04/15/2019 04C02 Livestock

Humane

Handling

313.1 On 04/15/2019 at approximately 1800 hours

during an odd-hours inspection, while performing

an inspection of the establishment’s livestock

holding pens, driveways and ramps (HATS

Category IV, Ante-Mortem Inspection), I observed

the small ruminant staging pen (north side of the

beef chute) that had a horizontal fence panel

metal bar, located next to the pen floor, that was

corroded and broken, with rusted sharp metal

edges in the broken edge, and presented a sharp

object hazard for animals. Also, the four-foot wide

gate at the entrance to the small ruminant staging

pen had a broken bar across the bottom of the

gate near the pen floor and presented a sharp

object hazard to animals that would pass through

the gate. I ensured that the gate to the staging

pen was closed so that no animals could be led

into the pen. This staging pen is frequently used

for holding small ruminants prior to entering the

facility; however, during this inspection no

animals were in the pen.  No animals appeared to

have been injured by these sharp object hazards.

The presence of these sharp object hazards was a

noncompliance with Title 9 CFR 313.1(a). I applied

U.S. Reject tag  B42126779 to the staging pen

gate to prevent any animals from being placed in

the pen.  I also observed the south end of a wire

fence panel in the west wall of Pen 11 that was

protruding into the pen space approximately 6

inches; this protruding object would be a hazard

to animals if placed in pen 11. This was a

noncompliance with Title 9 CFR 313.1(a). At the

time of this inspection there were no animals in

pen 11. I applied U.S. Reject tag  B42126516 to

the pen 11 gate and ensured the gate as closed to

prevent any animals from being placed in the pen.

, was notified of the noncompliance.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 46

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO171

404010

4N-1

04/01/2019 04C02 Livestock

Humane

Handling

313.2 On Monday April 1, 2019 at approximately 1331

hours, the following noncompliance was noted

while observing Category III – Water and Feed

Availability Component of the Humane Handling

verification. I was on the west side of the USDA

suspect pen when I observed ten bob veal inside

pen 2a that connect pen 1 to pen 2.  At the time

of my observation the establishment had just

finished unloading a trailer of approximately

seventy bob veal.  I proceeded inside the slaughter

floor to finish a direct observation task.  At

approximately 1350 hours I went on the east side

of the pens and observed the ten bob veal inside

pen 2a without any access to water.  I notified

establishment employees who was there at

the time that the calves have no access to water. 

 filled a white five gallon bucket with water

and placed the water bucket inside pen 2a at

approximately 1353.  At approximately 1440

hours after lunch was over, I notified 

. of the observation and the

forthcoming noncompliance.  The establishment

was noncompliant with the regulatory

requirement of 9CFR 313.2(e) which states

“animals shall have access to water in all holding

pens.”

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 47

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO321

404472

4N-1

04/23/2019 04C02 Livestock

Humane

Handling

313.2 On Tuesday April 23, 2019 at approximately 0953

hours, the following noncompliance was noted

while observing Category III – Water and Feed

Availability Component of the Humane Handling

verification. During ante-mortem inspection I

observed approximately 39 bob veal in the USDA

suspect pen (pen 1) with no access to water.  The

establishment has a white barrel with two nipples

that holds water for calves.  I observed the water

level approximately 1 inch below both nipples.  I

notified . of the

observation and the forthcoming noncompliance. 

. filled the barrel with a water hose at

approximately 0955 hours.  The establishment

was noncompliant with the regulatory

requirement of 9CFR 313.2(e) which states

“animals shall have access to water in all holding

pens.”

CLOSED

M4969+P4

969

J J Meat Co. JCO331

405230

6N-1

04/30/2019 04C02 Livestock

Humane

Handling

313.2 On Tuesday April 30, 2019 at approximately 1620

hours, the following noncompliance was noted

while observing Category III – Water and Feed

Availability Component of the Humane Handling

verification. During ante-mortem inspection I

observed approximately 54 bob veal in pen 2 with

no access to water.  The establishment has a

white barrel with a single nipple that holds water

for calves in pen 2.  I observed the water level

approximately 1/2 inch below the nipple.  I

notified of the

observation and the forthcoming noncompliance. 

 checked the nipple by squeezing it

to simulate a calf using the nipple but no water

was observed.   The barrel was filled with water at

approximately 1622 hours.  The calves in pen 2

did not appeared distress due to no access to

water.  The establishment was noncompliant with

the regulatory requirement of 9CFR 313.2(e)

which states “animals shall have access to water

in all holding pens.”

CLOSED

(b) (6) (b) (6)(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 48

EstNbr EstName NR# Date Task TaskName Regs Description Status

M934 Charlie

DiMaria &

Sons

VMH08

100617

04N-1

06/04/2019 04C02 Livestock

Humane

Handling

313.1 HATS Category VII, Slips and Falls On Tuesday,

June 04, 2019, at approximately 0630 hours while

performing a Livestock Humane Handling, HATS

Category VII: Slips and Falls review and

observation task, the following noncompliance

was observed out in the pens. On the alleyway

that connects all pens and leads the livestock to

stunning chute, a section approximately 20 feet

long was observed with layers of accumulating dry

fecal material. Excessive amounts of damped fecal

material was observed throughout seven of the

pens. These conditions along with poor footing on

the floor may lead to slips and falls that can cause

injury to the livestock. Further, the roof water

drainage gutter on both side of the shed was

observed with sharp ends due to broken parts,

and falling on to the pens where the animals

reside. These findings do not meet 9CFR:

313.1(b), therefore Celerino Ruiz, Plant Supervisor

was notified of this noncompliance.  This is

noncompliant with 9 CFR 313.1(b).

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 49

EstNbr EstName NR# Date Task TaskName Regs Description Status

M226+P48

63+V226

Independent

Meat

Company

DOD11

100631

24N-1

06/24/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III On Monday, June 24, 2019 at

approximately 0650 hours, while performing ante

mortem inspection, checked the

nipple-watering spouts in pen # 4 and observed

that there was no water available for the hogs in

that pen. immediately notified

 that there was no

water available, while she was presenting those

hogs to FSIS IPP for ante mortem inspection

 then checked the

nipple-watering spouts in pens # 1, and # 2 and

there was no water available in those pens either.

 had checked each of the pens

presented for ante mortem for water availability

during ante mortem inspection

(Pens # 10, # 9, # 8, # 7, # 6, # 5 and #3) that

morning and observed water available in each of

those pens, prior to checking pen # 4. 

 then went back and re-checked

the nipple-watering spouts in pens # 3 through

# 10 and observed that there was no water

available in those pens either. then

checked the valves leading to the livestock holding

pens and observed that those valves were still

open. then notified 

 that there was no water

available in the livestock holding pens at 0655

hours. immediately came out to the

livestock holding pens to investigate. 

went below the livestock holding pens to the

firm’s inedible rendering facility and found that a

line had blown a leak and the employees down

there had inadvertently closed the valve that

supplies water to the livestock pens. 

had the valve re-opened and water was restored

to the livestock pens at approximately 0705

hours. The establishment failed to provide the

animals access to water in all holding pens

 notified of this

noncompliance at approximately 0726 hours in

 office on June 24, 2019. There has

OPEN

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

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

(b) (6)

(b) (6)

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

(b) (6)

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 50

EstNbr EstName NR# Date Task TaskName Regs Description Status

been no similar noncompliance cited within the

past 90 days. Therefore, this NR will not be linked

as repetitive.

M12455+V

12455

Sanchez

Slaughterhous

e

SCG361

604542

9N-1

04/27/2019 04C02 Livestock

Humane

Handling

313.2 Humane Handling: M12455 (Sanchez

Slaughterhouse) HATS Category III - Water and

Feed Availability On 04/27/2019, at

approximately 0255 hours, William Sanchez,

Owner, informed me that I could proceed to

perform my Ante-Mortem inspection. I proceeded

with my inspection and I observed a total of

thirteen (13) cattle in six pens, housing 2 or 3

animals in each pen. I observed the first two pens

had two yellow five galloon buckets laying on

their sides, no visible water inside and around the

bucket.  I also observed the other four pens did

not have buckets, or another container with

water, therefore I determined the animals did not

have access to  water. I verbally notified Mr.

Sanchez of the noncompliance. The

noncompliance was not immediately corrected by

management. Past Similar NR:

SCG2214032919N/1, dated 03/15/2019, Open 

Further planned corrective action will be

documented by the management in response to

this noncompliance record.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 51

EstNbr EstName NR# Date Task TaskName Regs Description Status

M791+P79

1+V791

Clemens Food

Group, LLC

MXL23

160425

17N-1

04/17/2019 04C02 Livestock

Humane

Handling

313.2 On April 16th, 2019 I D

observed the following; The establishment

utilizes automated equipment to push hogs

forward towards the carbon dioxide chamber. This

equipment also acts as a gate to section off the

alleyway leading to the carbon dioxide chamber.

These metal gates rise above the hogs, and then

return to the ground. While this occurs, handlers

are present to keep the hogs moving towards the

carbon dioxide chamber.  We observed a hog

vocalize as the equipment made contact with the

length  of the hog’s back.  As the equipment made

contact, it continued with downward motion

causing the hog to vocalize a second time. The

hog also hunch down towards the ground as it

made its way out from underneath the

equipment. A handler with a rattle paddle was

within the immediate area and did not prevent or

control the situation. I immediately took a

regulatory control action and had the handler

stop the equipment line. The establishment has

two production lines in the barn, and I also took

regulatory control of the second line.  I notified

 of the observation.  The

establishment’s corrective action was to

discontinue the use of the automated gate

equipment. I notified 

, of the noncompliance with 313.2(a)

(b) (6)

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 52

EstNbr EstName NR# Date Task TaskName Regs Description Status

M791+P79

1+V791

Clemens Food

Group, LLC

MXL47

090424

30N-1

04/30/2019 04C02 Livestock

Humane

Handling

313.2 On April 30, 2019 at approximately 0704 hours I,

 observed the following

noncompliance and took verbal regulatory control

action: Establishment utilizes an automated

equipment to push animals (market swine’s) into

the CO2 chamber and another automated door

comes down to shut the entrance of the

chamber.  I observed an animal vocalizing and

lodged by the neck between the two automated

equipment’s (one automated equipment pushes

animal in and another comes down to close the

chamber).  At this time, I took verbal regulatory

control action by stopping the process and

contacted 

and verbally informed him of the situation.  At

approximately 0727 hours verbal regulatory

control action was relinquished.         

 is notified in writing

of this record of noncompliance.  

 is notified verbally

and in writing of this record of noncompliance for

establishment failure to meet the Meat and

Poultry Rules and Regulations OF 9 CFR 313.2.

CLOSED

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 53

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton,

Inc.

KID360

005042

6N-1

05/26/2019 04C02 Livestock

Humane

Handling

313.2 Category V: Suspect and Disabled On Saturday

05/25/2019 at approximately 2330 hours I,

 observed the following

noncompliance at JBS, Est. NO. 1311 in Pen NO.

39  as I conducted Humane Handling Inspection in

the Barn. As I inspected the pens, IPP observed a

cow laying completely flat on her right side in Pen

NO. 39. I was unable to make a

determination about the period of time that she

was in this condition. The cow's eyes were not

moving nor were her eyelids blinking. Her mouth

was shut and she exhibited labored breathing. The

cow did not move nor did I hear her vocalize.

There were bulls in the pen and the bulls kept

tracking the females, but as the females kept

avoiding the bulls they repeatedly trampled upon

the NAD. There was no establishment employee

available in the barn to address the situation. I

saw a maintenance supervisor and asked him if

there was any barn personnel on the plant. He

informed me that there was no one available. IPP

went to the Chubs Department and informed

 that I needed her

to call the General Manager and inform him about

the situation so that he can direct someone to

come to the barn immediately, assess the animal

and have the animal euthanized, as necessary. 

 and I went to 

office

and after informing him about the situation, I

asked him to call the General Manager. He got on

the phone, called his boss  but

received an answering machine. called 

 and he said that he

would  come to the barn. and I went to

the barn and I noticed that the NAD was in the

same position as had I first observed. The bulls

and the cows kept walking on her head and on

her left front and hind legs, but she now raised her

left hind leg. Each time, (and it was many times,

because of the nonstop activity of the bulls pacing

CLOSED

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

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 54

EstNbr EstName NR# Date Task TaskName Regs Description Status

the cows) that they walked on her, and whenever

they stepped on the NAD, she raised her left front

and back legs but she did not raise her head, nor

did her eyes move.  

 arrived.  Firstly   removed all the

livestock from the Pen NO. 39. Secondly

he walked over to the NAD tapped her with the

plastic paddle twice but she did not move. left

and he returned with a metal bucket. Thirdly, IPP

observed  administering three separate

shots from a Captive Bolt, according to their

Robust Systematic Approach, and the animal was

euthanized at 00:43am. IPP informed 

that a noncompliance will be issued. 

 are being notified in

writing about the plants failure to apply the Meat

and Poultry Regulations of [ 9CFR 313.2]

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 55

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton,

Inc.

KID351

506290

5N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability 

On Wednesday, June 5, 2019 at 0917 hours while

performing humane handling verification activities

at Establishment M1311, I 

observed  the following Noncompliance. 

Approximately  17 Holstein cows were in Pen 9,  a

pen that has no water trough but adjoins Pen 8,

which does. The gate between the two pens was

closed, preventing the animals in Pen 9 from

accessing the water trough.  I immediately called

for a manager, and ,

quickly appeared.  He verified that both Pen 8 and

9 were housing the same lot of animals, and

opened the gate so the cows in Pen 9 were able to

enter Pen 8 and use the water trough.  Once all

animals had free access to water, he obtained a

chain and clip from nearby storage and chained

the gate to the pen railing so it would could not

be closed by accident by cows in the pen.  The

new chain was placed in the pen at 0923 hours.   I

informed , at

0955 of the Noncompliance related to

Regulation §313.2 (e)  requiring animals to have

access to water at all times.

OPEN

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 56

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton,

Inc.

KID231

206022

6N-1

06/26/2019 04C02 Livestock

Humane

Handling

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

June 26, 2019, at approximately 9:10 am while

performing humane handling verification activities

at Establishment 1311, I observed

the following non-compliance.  There was a

Non-ambulatory disabled cow on the truck

, was prepared with

three hand-held captive bolt devices and was

standing with the cow.  brought the

first captive bolt into contact with the cow’s head

and discharged it. The cow lifted its head after the

discharge. took immediate corrective

action and attempted to place the alternate

captive bolt on the cow’s head. The cow moved its

head away from the captive bolt.  

adjusted position quickly to compensate for this

movement and was able to position the captive

bolt properly; he then delivered the second stun,

which rendered the cow insensible.  

, was notified of the

non-compliance and the establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1).

OPEN

(b) (6)

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 57

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4465 Nicholas Meat

LLC

KYM52

130658

04N-1

06/04/2019 04C02 Livestock

Humane

Handling

313.2 Category VI Electric Prod/Alternate Object Use 

On 06/04/2019 at approximately 1400 hours

while performing anti-mortem and humane

handling verification in the barn I observed the

following non-compliance. During the unloading

process, two dairy cows needed to be separated

due to the fact one of them was being suspected

by FSIS. These cattle were huddled together in the

corner of pen 5. I observed the driver of the truck

pick up a rattle paddle and strike both dairy cows

on the face multiple times (at least 5 times) to

direct the cattle backwards. I observed both dairy

cows squint their eyes and move their heads away

from the rattle paddle. I immediately instructed

the truck driver to cease his actions. The driver

then placed the rattle paddle back down and

stepped away from the pen. No further actions

were needed. I alerted 

 of

the non-compliance 9CFR 313.2(b).

CLOSED

M7857 Marcho Farms

Inc.

OLG080

504500

5N-1

04/05/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III On 4/5/19 at 0531 hours, while

I was performing an Ante-Mortem Humane

Handling task in the barn, I observed the following

noncompliance. While I was observing the calves

in motion inside Pen 3, I looked over towards Pens

1 and 2 then notice there was no water in the

troughs for the calves. I took regulatory control

action by stopping ante-mortem and

informing the   that

this was a noncompliance of 9 CFR 313.2(e).

He took corrective action by turning on the water

and filling up the troughs. After corrective action

was taken I proceeded with ante-mortem and did

not observe any further issues. Since the

establishment took immediate corrective action, I

did not issue a retain/reject tag at this time.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 58

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7857 Marcho Farms

Inc.

OLG290

704261

8N-1

04/18/2019 04C02 Livestock

Humane

Handling

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

April 18, 2019 at approximately 0740 hours, while

performing humane handling tasks in the barn, I

observed the following noncompliance. While

watching the calves be driven from the pen

holding area to the stunning area, there was one

calf that looked like it had difficulty walking, so in

order to avoid further suffering, the manager went

to get the handheld captive bolt stunning device

and began the process of stunning it. The first stun

attempt penetrated the lower right skull

of the calf, however it remained in standing and

alert. He took immediate corrective action by

stunning the animal effectively the second time,

which rendered it insensible. I informed 

 that this was a

noncompliance of  313.15 (a)(1).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 59

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9368 Zrile Bros.

Packing Co.,Inc

GCI421

206230

5N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water and Feed Availability. 

On Wednesday, June 5, 2019 at Approximately

0900 while performing humane handling

verification activities at Establishment M9368,

observed the following Noncompliances. There

were lambs in the alleyway that goes along the

southern wall of Pen area between Pen 1 and Pen

4.  With this being an alleyway there was no

Automatic waterer in the alleyway nor was there

a portable water container in the alleyway.  The

lambs in this alleyway therefore didn't have

access to water. Pen 4 (Southwest Pen) has an

automatic watering trough.  The water line to this

watering trough was turned off and the watering

trough was dry.  There was no portable watering

tub in this pen.  The lambs in Pen 4 therefore

didn’t have access to water. was

immediately notified of the noncompliances.  He

moved the lambs from the alleyway into Pen 1

where water is available.  Pen 4 had the water to

the automatic watering trough turned on to make

water available. These noncompliances were a

failure to adhere to the regulatory requirements

of 9 CFR 313.2(e).

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 60

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9400+P9

400

Cargill Meat

Solutions

WIL071

205370

7N-1

05/07/2019 04C02 Livestock

Humane

Handling

313.1 Category IV Handling during Ante-mortem and in

pens. On 05/07/2019 at approximately 12:35

pm while performing ante-mortem inspection, I

observed a mature dairy cow with her head

entrapped in the lowest set of rungs between pen

#11 and pen #12. The establishment employees

promptly attempted to help the cow remove her

head from the space, but after multiple attempts

were unable to do so, and called for a jack. 

During this time the cow demonstrated signs of

mild agitation, with an elevated respiratory rate

and periodically paddling her hind legs. The upper

rung was elevated enough with the jack to free

the animal’s head, but she was unable to rise, and

the establishment elected to euthanize her

, was notified of

this non-compliance with 9CFR 313.1 (a).

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 61

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9410+P9

410

Cunningham

Meats LLC

KCE580

805511

4N-1

05/14/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS CATEGORY VIII – STUNNING EFFECTIVENESS 

On May 14, 2019, at approximately 0805 hours

while performing humane handling verification

activities at Establishment 9410, I

 observed

the following noncompliance.  The Establishment

had a Holstein beef steer in the stun box for

stunning with a hand-held captive bolt.  The steer

was standing in the stun box.  As the Stunner

made the first stunning attempt with the captive

bolt, the steer moved its head.  The stunning

attempt hit the right side of the forehead as

evidenced by the steer's sudden movement away

from the stunner and a hole in the head where the

captive bolt hit, but the steer remained standing

and vocalized.  No regulatory control action was

taken as the stunner took immediate corrective

action and delivered a successful second stun,

which made the steer unconscious and insensible. 

, was verbally notified of

the noncompliance and the Establishment’s

failure to adhere to the regulatory requirements

of 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 that

they will be rendered unconscious with a

minimum of excitement and discomfort.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 62

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9457+P9

457+V9457

Rendulic

Packing

Company

EFH520

504151

1N-1

04/09/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water & Feed Availability   

On April 9, 2019, at approximately 0755 hours

while performing humane handling verification

activities at Est. 9457, I observed the

following Noncompliance. No water was observed

in the water tubs in holding pen #5 which

contained 13 beef and holding pen #2 which

contained 15 lambs and 1 goat.  During this

humane handling verification, I was accompanied

by and he

immediately began to dispense water into the

tubs for the animals in these two pens.  Ms.

Jessika LaCivita, Plant Supervisor and 

 were notified of the

Noncompliance and the establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.2.

CLOSED

M9520+P9

520

Leidys, Inc. UGA03

110642

06N-1

06/06/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) Category VIII – Stunning Effectiveness  On June 6,

2019 at approximately 1023 hours in the

establishment’s suspect holding area, the

following noncompliance was observed by myself

:  After

 assessed a market swine which

appeared to have a broken leg, it was determined

that this animal passed for slaughter.  An

establishment employee, a certified stunner,

administered a stun to the animal’s head utilizing

a hand-held captive bolt device.  At this time, the

animal was noted to vocalize, demonstrate eye

tracking, and evasive head maneuvers while in a

sitting position.  The establishment employee

immediately rendered this animal insensible with

a second stun by the hand-held device.  IPPs

observed that this second stun was effective,

therefore no regulatory control action was taken. 

,

was notified of the noncompliance and failure to

meet 9 CFR 313.15(a)(1).

CLOSED

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

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 63

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9548+P9

548

Wayne

Nell & Sons

Meats Inc.

ODJ220

905513

0N-1

05/30/2019 04C02 Livestock

Humane

Handling

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

on 05/30/2019, at approximately 0915 hours,

while performing Humane Handling verification

activities, at Establishment M9548, I witnessed

the following noncompliance.  The establishment

moved a beef Heifer into the stun box for stunning

with a hand-held captive bolt. The heifer was

standing freely in the stun box. The stunner made

the first attempt with the captive bolt in the

forehead, the stunning attempt was unsuccessful

at rendering the animal insensible as evidenced by

the animal trying to stand. The stunner took

immediate corrective action by shooting the

animal in the poll with the backup 9mm hand

gun, which then rendered the heifer insensible. A

security stun with the hand gun was also

performed in the poll. On post mortem inspection

two holes in the head were noted, one in the

forehead and one in the poll. The stun made with

the captive bolt was low. Mr. Shane Nell (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)

OPEN
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 64

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9548+P9

548

Wayne

Nell & Sons

Meats Inc.

ODJ401

006422

7N-1

06/27/2019 04C02 Livestock

Humane

Handling

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

June 27, 2019, at approximately 11:25 hours,

while performing humane handling verification

activities at Est. M9548, I, ,

observed the following non-compliance. An

Establishment employee moved a beef heifer into

the stun box for stunning with a hand held captive

bolt. The heifer was standing freely in the stun

box. The employee made the first stunning

attempt with the captive bolt. The heifer

remained standing and vocalized. The employee

took immediate corrective action by reloading the

captive bolt and delivering a second stun, which

made the heifer insensible. The first stunning

attempt hit the head as evidenced by the two

distinct holes on the head observed later on the

kill floor. Mr. Shane Nell, Plant Owner, was

notified of the non-compliance and the

Establishment's failure to adhere to the regulatory

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

non-compliance is linked to the humane handling

NR from 5/30/19 for similar cause. The

Establishment's proposed corrective action was

either ineffective or not implemented.

OPEN

M9696 Bingman's

Packing

QAK270

704371

0N-1

04/10/2019 04C02 Livestock

Humane

Handling

313.1 IV Handling During Ante-mortem On 4/10/19 at

0745 hours while performing the review and

observation component of the humane handling

task the following noncompliance was observed. A

broken and bent metal gate was observed on the

outside large pen on the right if headed away

from the slaughter area. A US reject tag no.

B37576511 was placed on this gate. No animals

were present in this area at the time. Mr. Derek

Bingman and Mr. Joe Bingman were notified

verbally. A search of PHIS did not show any recent

similar noncompliance. This is noncompliance

with 9 CFR 313.1.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 65

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9712 Coffaro's

Custom

Butchering

ASI270

906090

5N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.1 On Tuesday June 4, 2019 At approximately 0910

hours,

 were taking a tour of the new barn.

There was market swine that did not have water

at that time. Livestock is to access to water at all

times.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 66

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562 JBS Green Bay,

Inc.

QSM06

110508

23N-1

05/22/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) On May 22, 2019 at approximately 11:54am

 observed the following noncompliance. 

While performing HATS category VIII, Stunning

Effectiveness, observed 

, attempt to stun a cow

with a hand-held captive bolt device.  The cow

entered the restrainer very abruptly and

attempted to jump through the restrainer.  The

cow was moved back on the belly belt and the

employee discharged the hand-held captive bolt

device, but the attempt did not render the animal

unconscious in a single blow.  The cow shook its

head, its ears and head were up, and its eyes

blinked several times. The other certified stunner

in the restrainer area immediately used a second

pre-loaded hand-held captive bolt device to stun

the cow, rendering it unconscious.  

notified that she was taking a regulatory

control action and stopped production by placing

U.S. Reject Tag #B45157759 on the restrainer

 observed the presence

of 2 knock holes in the skinned head.  The

establishment management offered verbal

preventative measures, therefore the regulatory

control was relinquished and production was

allowed to resume. This NR is being associated

with QSM5708030622 dated 3/16/2019 in which

an bovine was ineffectively stunned in the

restrainer.  The preventative measures that were

proffered for this non-compliance were either not

implemented or were ineffective in preventing the

non-compliance from reoccurring.

CLOSED

(b) (6)

(b) (6)

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 67

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562 JBS Green Bay,

Inc.

QSM18

060543

31N-1

05/30/2019 04C02 Livestock

Humane

Handling

313.2 At approximately 6:30am on Thursday May 30th,

2019 observed a non-compliance with

HATS category III – Water and Feed Availability,

while performing Ante-mortem Inspection, HATS

category IV – Handling during Ante-mortem

Inspection. observed a cow in Pen 36

separated in the space between the bars of the

pen wall and a swing gate that can divide the pen

into two pens.  She was unable to turn around in

the small area due to other cows on the opposite

side of the gate and she had no access to the

water tank on the opposite side of the gate

 immediately notified the QA in the area that

the animal was behind the gate and could not

access water. The animals were removed from the

pen by establishment employees so the gate

could be opened and release the cow.  The

separated cow moved with the group to another

pen with access to water.  The employees were

able to wrap the chain around the catch several

times to secure the gate.  

 was notified of the non-compliance. 

No RCA was taken because all animals were

verified as moved to an area with access to water.

CLOSED

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 68

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1816+V1

816

West Michigan

Beef Co. LLC

TMB33

090454

03N-1

04/03/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII At approximately 6:50 AM on

Wednesday April 3rd, 2019, while performing

online post-mortem inspection duties, 

 heard the discharge of a captive bolt

gun, but not the distinctive sound of a cow

dropping unconsciously in the knock box

immediately after. Upon further review of the

knock box, observed a Holstein

cow still standing. walked over

to the knock box and observed a still standing and

conscious Holstein cow in the head restraint with

its head partially twisted clockwise. The stunning

employee applied a second shot to the cow at this

time. determined this second

shot was effective in rendering the animal

unconscious due to the animal suddenly dropping

and the eyes rolling back sharply. 

 observed the skinning of the animal’s

head and could observe two holes in the skull, one

being obviously left of the mid-line. 

 informed 

 of the incident and the forthcoming NR.

The requirements of 9CFR 313.15(a)(1) were not

met. A previous ineffective stun was also

documented as a NR on March 22nd, 2019.

CLOSED

M1816+V1

816

West Michigan

Beef Co. LLC

TMB25

110601

17N-1

06/17/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III At approximately 0725 hours

while walking through the barn to perform HATS

duties and assign condemn tags to deadstock in

the pens, the PHV observed the following

noncompliance. There was a dead bloated carcass

in Pen 13 lying along the manger and to the back

wall of the pen in front of the automatic waterer.

This was blocking access for the several other

cattle that were observed in the pen. The PHV

applied U.S. Rejected Tag B38182154 to the gate

of the pen and informed the 

, of the observations in the barn

and the forthcoming noncompliance. The

requirements of 9CFR 313.2(e) were not met.

CLOSED

(b) (6)

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

(b) (6) (b) (6) (b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 69

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2444 Strauss Brands

Inc.

VFG561

204591

6N-1

04/16/2019 04C02 Livestock

Humane

Handling

313.2 On 04/16/2019 at approximately 12:45 hrs. while

conducting a HATS Category VII - Observation for

Slips and Falls Livestock Humane Handling task, I

observed approximately 40 head of lambs being

driven into an approximately 4’ wide by 15’ long

alleyway leading to the knock box. There was

insufficient floor space to allow each lamb to

stand. Three to five animals were piled on top of

each other and vocalizing. Establishment

employees prevented the animals from leaving

the area and continued to push them towards the

knock box. No animals were noted to be injured.

The environmental conditions for the area

(temperature of 63°F and 61% humidity per

Google), the unshorn lambs’ wool, and the lack of

ventilation in the barn in the form of open

windows or fans exacerbated the stress of being

overcrowded in the alleyway. The lambs were

panting. This is not compliant with regulation 9

CFR 313.2(a) as the establishment was not driving

livestock with minimal discomfort and

excitement. Both the and

the Plant Manager Mr. Ruelas were notified of the

noncompliance. On 02/15/2019 M2444 was

issued NR number VFG1212024115N for not

being compliant with regulation 9 CFR 313.2(a). In

this instance, lambs were driven in a such a

manner as to cause crowding and piling on top of

each other in the unloading area of the barn. The

locations of the noncompliances were not the

same, however the driving of the lambs in both

instances resulted in stressed livestock climbing

on top of each other. For this reason, NR number

VFG1212024115N is being associated with this

noncompliance.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 70

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2574 Wolverine

Packing Co.

RPA030

906241

8N-1

06/18/2019 04C02 Livestock

Humane

Handling

313.2 On Tuesday, June 18, 2019 at approximately

10:00am the following non-compliance was

identified by .  It was just after

break, the establishment was in the process of 

Kosher slaughter.  I observed 3 lambs already

shackled and hoisted in preparation for the kosher

kill they were alive and became tangled. Two

plant employees had climbed up the restraint and

tried to de-tangle the lambs that were now

thrashing about, upon doing this one lamb fell

approximately 4 to 5 feet to the ground on it's

back, the lamb laid there for a minute without

moving then, the employees climbed down and

helped the lamb up and moved it back to the

shackle pen.  

observed the lamb and determined it was not

injured from the fall.  A meeting was held with

 concerning the events that had taken

place.  He stated he would instruct his employees

not to shackle the lambs in advance of hoisting

and if there is an instance where they do become

tangled they are to stick the lambs before they

proceed. No usda tag was issued, 

was informed a non-compliance document would

be issued for the above stated regulation.

CLOSED

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 71

EstNbr EstName NR# Date Task TaskName Regs Description Status

M15896+P

15896

Abbyland Pork

Pack, Inc.

TUN380

705141

0N-1

05/09/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 1540 hours, I, 

, was watching the stunning area while

performing HATS Category VIII- Stunning

Effectiveness and observed the following

non-compliance.  I observed two pigs get wedged

in the alley to stunning and another trying to go

over the top. The establishment employee

attempted to free these pigs by using the

hard-wired electric prod and a bucket to back one

out; both were unsuccessful.  

, had an employee bring him the

hand-held captive bolt (HHCB) to stun the pig on

the west side of the alley. The first stun was

ineffective and the animal remained conscious

with controlled head movement.  A second HHCB

captive bolt gun was handed to him and attempt

number two was made but the HHCB did not

engage or fire. said there was no

ammunition in the gun. The first HHCB was

reloaded and a third stunning attempt was made.

Due to the position of the animal and my line of

sight, consciousness could not be determined. The

establishment applied an additional stun as a

security stun with a HHCB. Unconsciousness was

confirmed after the security stun. The other hog

had meanwhile proceeded up the alleyway

towards the stunning restrainer. At this point

 contacted and briefed 

 who reported to the alleyway.  Plant

manager Pat Reis was already near this location

when she arrived.  briefly discussed

the incident with Mr. Reis and took a verbal

regulatory control action and stopped slaughter.

 informed Mr. Reis that a

non-compliance record would be forth coming. 

After receiving verbal corrective action and

preventative measures, informed

him that slaughter could resume. This is a

noncompliance with 9CFR 313.15(a)(1) immediate

unconsciousness(captive bolt).  This

non-compliance record is being associated with

(b) (6)

OPEN

(b) (6)

(b) (6)

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

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 72

EstNbr EstName NR# Date Task TaskName Regs Description Status

TUN0313025308N from February 8, 2019 in

which an ineffective stun resulted from hogs

lodged in the alleyway. The corrective actions that

were proffered for non-compliance

record TUN0313025308N were either not

implemented or were ineffective in preventing the

non-compliance from reoccurring.

M22095+P

22095+V22

095

Creston Valley

Meats

QOI431

604271

1N-1

04/10/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII: Stunning Effectiveness. At

approximately 9:45 am on 04/10/2019 I watched

establishment employee stun a

lamb. When he pushed the trigger on the captive

bolt, the shot sounded muffled. The lamb

dropped, and its head was bleeding where the

bolt hit, but it was still conscious, and I observed it

blinking and looking around the knock box.

 immediately grabbed a second pre-loaded

captive bolt and stunned the lamb effectively.

When the head was skinned back, there was a

divot in the skull from the first ineffective stun,

and a hole from the second stun. The plastic box

that held the charges for the captive bolt was

slightly wet on the inside, and stated that

some of the charges were “no good”. This is a

noncompliance with 9CFR 313.15(a)(1), which

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.”

OPEN

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 73

EstNbr EstName NR# Date Task TaskName Regs Description Status

M22095+P

22095+V22

095

Creston Valley

Meats

QOI571

604321

1N-1

04/11/2019 04C02 Livestock

Humane

Handling

313.2 HATS III: Water and Feed. At 1:30 pm while

inspecting in the pens, I noticed that 3 sheep had

been held in the pens without access to water for

an hour and a half. I informed establishment

employee of the noncompliance

and he went out to the pens and filled a water

trough for the sheep. This is noncompliant with 9

CFR 313.2(e) which states “Animals shall have

access to water in all holding pens and, if held

longer than 24 hours, access to feed.”

OPEN

M22095+P

22095+V22

095

Creston Valley

Meats

QOI371

604382

9N-1

04/28/2019 04C02 Livestock

Humane

Handling

313.2 HATS III: Water and Feed. At 11:00 am on

4/28/19 while performing an Odd Hour Inspection

Task, I noticed that 7 sheep and 4 pigs had been

held in the pens without access to water. The

automatic waterers were closed off in a pen with

two beef, and the other animals could not access

them. I informed ,

and she contacted the establishment owner

Simon Caleb and notified him of the

noncompliance. He had an employee fill the water

trough in the pen. This is noncompliant with 9 CFR

313.2(e) which states “Animals shall have access

to water in all holding pens and, if held longer

than 24 hours, access to feed.” A similar

noncompliance for animals being held without

water was written on 4/11/19.

OPEN

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 74

EstNbr EstName NR# Date Task TaskName Regs Description Status

M22095+P

22095+V22

095

Creston Valley

Meats

QOI421

604492

9N-1

04/29/2019 04C02 Livestock

Humane

Handling

313.2 HATS III: Water and Feed. At 11:00 am on

4/28/19 while performing an Odd Hour Inspection

Task, I noticed that the animals held in the pens

did not have feed. At 7:00 am on 4/29/19 I

checked the pens and there was no evidence the

animals had been fed. There were no feed buckets

or containers in the pens, and there was no grain,

pellet, or hay residue on the ground to indicate

feed had been put down. The animals were not

fed between 7:00 am and 11:00 am. The 2 beef

were slaughtered before 11:00, but the 4 pigs and

7 sheep remained in the pens, at which point they

had gone over 24 hours without feed. I informed

plant manager Ryan Beyler of the noncompliance.

This is noncompliant with 9 CFR 313.2(e) which

states “Animals shall have access to water in all

holding pens and, if held longer than 24 hours,

access to feed.”

OPEN

M22095+P

22095+V22

095

Creston Valley

Meats

QOI481

405440

9N-1

05/09/2019 04C02 Livestock

Humane

Handling

313.1 HATS II: Trailer Unloading. The gate to the pens at

Creston Valley Meats swings inward, and has

several large pieces of wire that protrude out

approximately 4 inches.  On 5/9/2019 at 12:15

pm I watched plant employee ,

and a trailer driver, unload a pig by backing it off

of a trailer. The pig could not see where it was

going, and backed into the protruding wire,

causing it to squeal. The other two pigs in the

trailer were unloaded without incident. This is

noncompliant with 9CFR 313.1(a) which states:

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. I tagged the gate with Retain Tag NO.

B41 487750 until the protruding wire was fixed.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 75

EstNbr EstName NR# Date Task TaskName Regs Description Status

M27472 Noah's Ark

Processors, LLC

DRO23

140552

06N-1

05/06/2019 04C02 Livestock

Humane

Handling

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

approximately 1000 on May 6th, 2019, I, 

, was observing the ritual slaughter of cattle

and unconsciousness on the rail.  One animal,

after receiving the ritual cut, was released from

the restrainer and made attempts to stand.  The

establishment employees decided to stun the

animal with a hand-held captive bolt (HHCB)

device. As the employee discharged the HHBC, the

animal moved its head.  The animal continued

making attempts to stand and then remained

still.  The employee immediately applied a second

stun with the HHCB device which rendered the

animal insensible. I observed two stun holes

present in the skull.  The establishment currently

operates under a Robust Systematic Approach to

Humane Handling.  There are no noncompliance

records of the same root causes within the past 90

days. Establishment management held retraining

meetings for the employees involved as a measure

to prevent this from occurring again.  Employees

were trained to not let animals out of the

restrainer until they are unconscious and to call

for a supervisor before deciding to stun an animal

after a ritual cut.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 76

EstNbr EstName NR# Date Task TaskName Regs Description Status

M27499+P

27499

Wenneman

Meat

Company, Inc.

RKC111

205330

1N-1

05/01/2019 04C02 Livestock

Humane

Handling

313.1 HATS Category IV – 9 CFR 313.1(a)  

entered the pen area at approximately 0630 on

4/30/19 to perform antemortem inspection.  The

Pen Card stated 6 hogs were in Pen 1 and were

small sized roasters.  One of the small hogs had

crawled through an area of approximately

5 1⁄4 inches wide by 24 1⁄4 inches tall and became

wedged between the side of the waterer and the

concrete wall.  The animal was unable to

self-retract from the position.  

, came into the pen area.  The

establishment decided to immediately stun the

animal in place. The establishment did not take

into account physical features, size or

confirmation to determine if the pen was

adequate for the type of animal.  Regulation 9 CFR

313.1 requires facilities to be free from openings

that could result in injury or entrapment of an

animal and that these observations are

noncompliant with that regulatory requirement. 

Later I walked back to the pen area with 

, to show him where the

instance had occurred.

(b) (6)

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 77

EstNbr EstName NR# Date Task TaskName Regs Description Status

M27499+P

27499

Wenneman

Meat

Company, Inc.

RKC470

705061

0N-1

05/09/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) On May 9, 2019 at approximately 1355

Wennemans loaded the last market beef into the

knock box for the day. was at the

pluck/head station when the designated

establishment employee used the captive bolt.

The captive bolt gun did not work and there was

no evidence that the beef was struck with it. The

employee immediately used the back-up, a .22

rifle. After the employees first shot with the .22

rifle the animal was still conscious and standing as

 witnessed the animals head moving

above the top of the knock box as the animal was

also jumping. However the animal did not

vocalize. The employee immediately fired a

second shot rendering the animal unconscious,

the animal fell, was exsanguinated and continued

through their HACCP System for Slaughter. During

head examination observed two holes in

the head one approximately forty five degrees and

three inches left of center and the second shot in

the center. Wennemans are in noncompliance

with 313.16(a)(1) for failing to render the animal

unconscious with a single gunshot. Plant Owner

Paul Otten has been notified of this

noncompliance. Hats Category VIII- Stunning

Effectiviness

CLOSED

M27499+P

27499

Wenneman

Meat

Company, Inc.

RKC421

205061

6N-1

05/16/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) On 5/16/2019 at Wenneman Meat Company at

approximately 0920 while verifying HATS

Category VIII(stunning effectiveness) a black angus

bull entered the knock box. Plant personnel fired

the 12 gauge shotgun and hit the bull in the head.

 saw the bull go down and

immediately rise back to its feet and was

conscious. Plant personnel immediately fired a

second shot with the 12 gauge shotgun, the bull

fell to the ground unconscious was exsanguinated

and proceeded through the slaughter process.

Regulation 313.16(a)(1) rendering an animal

unconscious on a single gunshot is in

noncompliance . Plant Owner Paul Otten was

notified.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 78

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31776+P

31776+V31

776

Eickman's

Processing Co.,

Inc.

VFI361

005492

2N-1

05/22/2019 04C02 Livestock

Humane

Handling

313.1 On the morning of 5-22-19 at 7:15 am 

 was with who is the federal

humane handling inspector. Under (category 4

antemortem inspection) We were in the pens

inspecting  them for the pre-op inspection we

noticed that the drain cover was not on top of the

drain. The top of the drain measured 10 inches

and the bottom of the drain is 3.5 inches. This is a

non compliance of 313.1(a). There was 3 beef in

the pen at the time that we noticed the cover was

off so notified who is the 

 to remove them from this pen. I had

him remove them because the cover was in the

back of the pen and would not have been able to

recover the drain safely. They were removed from

the pen in a calm and orderly manner.      Talked

to Tom Eickman who is the plant owner to let him

know of the non-compliance.

CLOSED

M32170+P

32170

Ganaderos

Borges Inc.

FNL451

304130

4N-1

04/03/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 9:32am, while performing a

humane handling verification visit 

, observed the following

noncompliance.  The first stun with a hand held

captive bolt (HHCB) to a bovine did not render the

animal unconscious.  Blood was observed dripping

from the entry wound.  The plant employee took

immediate effective corrective actions by stunning

the bovine a second time with the HHCB which

effectively rendered the animal unconscious. 

, observed the

noncompliance and was verbally notified that an

NR would be issued.

CLOSED

(b) (6)

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

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 79

EstNbr EstName NR# Date Task TaskName Regs Description Status

M33842 Double L

Ranch Inc.

PPJ180

906411

8N-1

06/18/2019 04C02 Livestock

Humane

Handling

313.1 On 6/18/2019 at approximately 9:25 am while

observing truck unloading and slips and falls HATS

categories as part of a routine Livestock Humane

Handling task, I observed the following: One of

the four cattle unloaded and in the holding

area / driveway between the two buildings

slipping and falling to all four knees then promptly

rising and appearing to be unharmed. The

flooring of the area is a flat smooth concreate and

had what appeared to be fecal mater on

approximately 1/5 of the surface. I notified 

 of the

noncompliance. And as he was topping off the

water we observed once again one of the cattle

slipping and falling this time to two knees then

promptly rising and appearing to be unharmed. 

The above conditions do not meet the regulatory

requirements of CFR 9 313.1(b). U.S. Rejected tag

No. B39835113 applied the Pen.

CLOSED

M34360+P

34360

House of Halal

Meat, Inc

VUA321

304452

2N-1

04/22/2019 04C02 Livestock

Humane

Handling

313.2 On Sunday, April 21, 2019 at approximately 1600

hundred hours while doing a routine odd-hour

inspection, I observed the following

Non-compliance: A.  In the staging corridor

leading to the kill floor, four (4) goats locked in

the area without water.  Since there were no one

around, I called on his cell phone to

notify him of the non compliance, but no one

answered.  Therefore I took regulatory control and

released the animals into a larger pen where there

were feed and water.   returned my call

about an hour later and I informed him of the

non-compliance. said they had been

custom slaughtering animals earlier and had left

about two hours prior to my arrival.  Federal

regulations requires animals held in pens to have

access to water at all time.  Future violations

could lead to additional punitive or administrative

actions.

OPEN

(b) (6)

(b) (6) (b) (6)(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 80

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34384+V

34384

Elkton Locker

and Grocery,

Inc.

TLN421

005030

2N-1

05/02/2019 04C02 Livestock

Humane

Handling

313.1 At 0905 hours while verifying HATS category VII,

Observation for Slips and Falls, Inspection

Program Personnel (IPP) heard a hog vocalizing.

When IPP entered the slaughter floor,

establishment employees were observed

attempting to help the hog stand. It was in a

sitting position with its hindquarters at the top of

the concrete ramp and front feet in the Knocking

Chute. The animal's left rear foot was

observed protruding into the gap (3 inches X the

width of the chute's floor) between the end of the

concrete ramp and the horizontal metal

crossbrace for the chute's floor. When the hog's

hindquartesr were lifted, the leg was freed. No

signs of injury were observed. IPP verbally notified

Owner Steve Hammer of the forthcoming

noncompliance to document the

establishment's failure to meet the requirements

of 9 CFR 313.1. The existence of the gap in the

walking surface between the entrance ramp and

knocking chute floor could allow an animal to be

injured by causing a slip or entrapping a leg. A

previous noncompliance was documented

on 12/19/18 when a similar event occurred, NR

TLN0513121019. At that time Mr. Hammer

verbally stated an extension would be made to

cover the space between the chute floor and the

ramp. As of this morning, no modifications had

been made to the chute or ramp to cover the gap.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 81

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34799 Fares Halal PCJ171

504200

3N-1

04/03/2019 04C02 Livestock

Humane

Handling

313.1 On April 3, 2019, at approximately 10:25am,

 performed the HATS

Category II (Truck Unloading) component of the

Livestock Humane Handling task at EST. M34799

in Culpeper, VA.  was

also observing the unloading process as part of a

routine Humane Handling Verification visit.  The

following events were observed: The livestock

supplier’s trailer was backed up to the dock

entrance of the barn on the northeast corner of

the building.  The edge of the dock sits

approximately 18 inches higher than the floor of

the live-haul trailer.  A hay bale was placed at the

back lip of the trailer to serve as a step for the

animals.  The supplier then proceeded to offload

30 lambs for delivery into the barn.  The lambs

were easily able to jump up the step; however,

approximately halfway through unloading, the

hay bale tilted backward under the weight of the

animals, creating a gap into which at least two

lambs briefly slipped.  The supplier then had to lift

the animals to get them up on to the dock so they

could proceed into the barn.  No animals were

observed to be injured, and no action was taken

to drive them faster than a walk. Plant Managers

Manija Wahidi and Omar Hai were informed that

this is a non-compliance with 9 CFR 313.1(b)

(concerning the construction and maintenance of

livestock pens, driveways, and ramps), and that a

non-compliance record would be generated for

this event.  Plant management proffered as a

corrective action that until repair of their movable

ramp is completed, animals will be brought into

the barn through the side yard to avoid a

potential slipping/trapping hazard, and will

present IPP with a proposed completion date for

the ramp repair. This non-compliance record

serves as notification to establishment

management that continued non-compliance with

humane handling regulations may result in further

enforcement actions.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 82

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34799 Fares Halal PCJ450

706400

7N-1

06/07/2019 04C02 Livestock

Humane

Handling

313.1 On June 7, 2019 at approximately 08:15am, while

verifying HATS Category I of the Livestock Humane

Handling Verification task, 

 observed the following

non-compliance: In the outside yard, along the

north-side fence, numerous uncovered long nails

were seen protruding into the yard at heights

ranging from 1 to 4 feet off the ground.  These

nails could potential cause injury to animals if

they came into direct contact.  9 CFR 313.1(a)

states in part "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..."  There were

approximately 7 veal and 45-50 lamb and goats in

the yard at the time, none of which appeared to

have been injured. I informed Plant Manager

Manija Wahidi of the non-compliance, and she

informed me that she will have plant employees

remove or hammer down the nails later in the

day. This non-compliance record serves as notice

to the establishment that continued

non-compliance record with this regulation could

result in further regulatory enforcement actions.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 83

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31578 Trenton

Processing

Center, Inc.

LKK531

005582

2N-1

05/22/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) A failure of HATS Category VIII – Stunning

Effectiveness On May 22nd at approximately

10:15 AM on the slaughter floor at

Trenton Processing, a captive bolt was used in an

attempt to render an approximate 2 year old

angus steer unconscious, but the first attempt

failed. The establishment employee said the steer

moved as he engaged the captive bolt which

caused the first strike to hit between the eyes, too

low for an effective stun. The steer dropped to his

knees and then stood back up on all four legs a

few seconds later. The captive bolt was reloaded

and the slaughter floor supervisor immediately

fired a second shot that rendered the steer

unconscious. Following their corrective action

plan, the Slaughter Floor Supervisor took control

of the captive bolt to stun the remaining beef

animals. Trenton Processing’s owner was notified

of the incident via a telephone conversation with

the Slaughter Floor Supervisor. This failure to

properly stun the steer on the first attempt is not

in compliance with 9 CFR 313.15(a)(1).

CLOSED

M34103+P

34103+V34

103

Gentle Harvest FDV051

004480

4N-1

04/04/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 0945 hours, while performing

the Livestock Humane Handling Stunning

Verification Task Category 2, I, ,

observed the following noncompliance: The

captive bolt stunner was ineffectively used by an

employee on a hog thereby causing it to vocalize,

blink its eyes and attempt escape.  Using the

establishment's backup stunner, the employee

immediately applied a second stun to the animal

which effectively rendered it unconscious without

the need for inspector intervention.  I was

informed by that

the employee applying the stun was not the usual

designated employee and we observed together

that there were two holes in the head; one in the

proper location and one closer to the nasal

passages.  was

notified afterwards of the establishment's failure

to meet 9 CFR 313.15(a)(1).

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 84

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34103+P

34103+V34

103

Gentle Harvest FDV130

605013

1N-1

05/31/2019 04C02 Livestock

Humane

Handling

313.2 At 1325 hours on 5/30/19, 

observed two pigs in pen #3 with no water.  There

was a bucket present but it was empty.  Employee

 was notified and the bucket was

immediately filled.  This is a violation of 9CFR

313.2(e), HATS Category III (Water and Feed

Availability). was

notified of this non-compliance.

CLOSED

M34103+P

34103+V34

103

Gentle Harvest FDV480

805533

1N-1

05/31/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) While performing HATS verification (Category

VIII-Stunning Effectiveness), at approximately

0925 hours, IIC observed the following

non-compliance; As an employee attempted to

stun a large restless steer using a powder charged

penetrating captive bolt, the animal jerked his

head upward just before contact which led to a

misplaced stun shot.  The shot was ineffective and

the animal continued to move its head and

vocalize.  The employee was immediately handed

the back-up stunner (same model) and delivered a

second shot which rendered the animal insensible

to pain.  Upon post mortem examination, IIC

observed that the first shot landed in the thick

upper part of the skull and did not fully

penetrate.  The second shot was in the center of

the target area, fully penetrating the skull and

exposing brain matter.  This is a failure of 9CFR

313.15(a)(1), and was

notified of this non-compliance.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 85

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40169 Salazar Natural

Meats, Inc.

NHK03

170617

13N-1

06/13/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III Water and Feed Availability On

June 13, 2019 at approximately 8:00 AM, while

walking past a trailer that was being used as a

holding pen I, , observed the

following noncompliance in the trailer located on

the establishment: Three USDA pigs in the trailer

with no access to water due to there not being

water in the trailer. This is a noncompliance with

9 CFR 313.2(e) which requires animals in the pen

to have access to water at all times. The

establishment owner, Lucas Salazar, was notified

of the noncompliance and was asked to supply

water to the animal. At approximately 8:15 AM

establishment owner, Lucas Salazar, moved the

pigs over to a pen that had access to water. No

tag was applied.

OPEN

M40359+P

40359+V40

359

Trinity Meat

Company LLC

XQQ51

080611

28N-1

06/28/2019 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(iii)

Category #8 Stunning Effectiveness On this date

at approximately 0835 hours while performing a

Humane Handling task, the following

non-compliance was observed: The third steer to

be slaughtered was brought into the knock box.

The employee stunning the animals attempted to

stun the steer using a rifle with 410 hollow-point

shells. The steer moved his head to the side just as

the employee took his shot causing the point of

impact to be off center. The employee

immediately took a second shot rending the

animal unconscious. The knock box was tagged

with USDA Retain Tag #B31794715. The

establishment does have a Robust Humane

Handling system in place. I notified J

verbally and with this written

notice.

OPEN

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 86

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40268A+

P40268A+

V40268A

J & R Natural

Meat and

Sausage -

Mobile Harvest

Unit

JNE551

604071

2N-1

04/11/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII: Stunning Effectiveness. At

approximately 9:00 am on 04/11/2019 I watched

establishment employee stun a steer. The

first shot of the captive bolt dropped the steer to

the ground, but as establishment employee 

checked for consciousness the steer vocalized.

 used the second pre-loaded captive bolt to

administer a second stun, which was effective.

This is a noncompliance with 9 CFR 315.15(a)(1),

which 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.”

OPEN

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 87

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44168 Mariana's

Meat

Harvesting

Corp.

XHX112

006422

3N-1

06/23/2019 04C02 Livestock

Humane

Handling

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

6/24/2019 at approximately 0940 hours, I

 was performing a routine

humane handling visit when the following

non-compliance was observed.  A single bovine

was in the stun box but not restrained with the

head catch.  The stun operator used the hand-held

captive bolt (HHCB) device to attempt to stun the

animal; discharging the device but the animal

remained standing.  No vocalization was noted.  A

second stun operator applied a second stunning

attempt with a firearm (rifle).  The second stun

attempt caused the animal to drop, and when the

animal was rolled out onto the floor it was

determined to be insensible.  The second stun

attempt was effective in rendering the animal

immediately insensible.  The animal remained

unconscious throughout the shackling, hoisting

and bleeding process. Upon examination of the

dressed head, I observed two stun holes had

penetrated the skull. Establishment management

was verbally notified of the incident and the

impending non-compliance record.  The

establishment follows a written robust systematic

approach to humane handling and stunning. 

There are no additional noncompliance records of

the same root cause within the past 90 days.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 88

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44910+P

44910+V44

910

Abattoir

Associates Inc.

JCH581

204542

6N-1

04/26/2019 04C02 Livestock

Humane

Handling

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

April 26, 2019, at approximately 1330 hours while

performing humane handling verification activities

at Establishment 44910, the Slaughter inspector

observed and reported the following

Noncompliance. The Establishment moved a

banded beef heifer into the stun box for stunning

with a hand-held captive bolt. The heifer was

standing freely in the stun box. 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

heifer's sudden movement away from the stunner

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

but the heifer remained standing. The stunner

took immediate corrective action by re-loading

the captive bolt and delivering a second stun,

which rendered the steer insensible. Mr. John

Young, 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 FOIA2019-418 14:42 Tuesday, July 2, 2019 89

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44052+P

44052

Cal Poly Meats JEC261

304232

4N-1

04/23/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

HATS VIII: Stunning Effectiveness. At

approximately 12:45pm on 4/23/19 I watched

 stun one steer at Cal Poly. The steer

was small and was able to move freely in the

chute. The chute has a head catch but it was not

used. The first knock was ineffective and the steer

remained standing. had to reload the captive

bolt, and wait for the steer to stop moving, about

30 seconds. The second knock was completely

effective and rendered the animal unconscious.

Upon processing, there were 2 holes visualized in

the skull. This is a noncompliance with 9 CFR

313.15(a)(1), which 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.” This is

also a noncompliance with 9 CFR 313.15(b)(1)(iii),

which states “The stunning area shall be so

designed 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.”

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 90

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45099+P

45099+V45

099

Responsible

Transportation

LLC

VOT571

305221

6N-1

05/16/2019 04C02 Livestock

Humane

Handling

313.1 On May 15, 2019 at 0926hrs, I, ,

while performing HATS Category VII- Slips and

Falls, verification during HATs Category IV

Handling during Ante-Mortem inspection,

observed the following noncompliance. A beef

cow being driven from pen 3Inside into pen 2a

slipped while going around a gate, lost her

footing, and fell completely onto her right side. It

took the cow 2-3 seconds to regain her footing

and stand back up, however she was not injured

in the fall. The flooring of Pen 3inside is

non-waffled concrete with Floor

Material applied in various areas of the pen to

increase traction. At the time of the incident Pen

3Inside had a significant amount of manure

build-up present from cattle being held in the pen

overnight.  I took a verbal regulatory control

action and an establishment employee scraped

away the manure in pen 3Inside before

ante-mortem inspection was allowed to continue. 

I verbally notified 

 of the noncompliance and

informed him that an NR would be forthcoming. 

Cattle slipping in pen 3Inside during ante-mortem

inspection was addressed during a weekly

meeting on 4/25/19. In response the

establishment stated that they would be using

Lime as needed to reduce slipping out in the barn.

No Lime was present in pen 3Inside at the time of

the incident. The establishment took additional

corrective action and placed lime in the pen to

prevent further slips and falls

(b) (6)

CLOSED

(b) (4)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 91

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1061 Happy Valley

Processing Inc.

JYP481

006402

5N-1

06/25/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(2)

(i)

On 6-25-19 at approximately 0900 hours 

 were performing a

humane handling evaluation of Happy Valley

Processing (M1061) in Dearing, GA.  The first shot

with the captive bolt did not render a goat with

large horns unconscious.  The goat vocalized while

standing and remained fully conscious. The

back-up 22 caliber long rifle was ready and

immediately used to render the animal

unconscious.  The skinned skull was examined

after the slaughter and two bullet holes were

found.  After the animals were stuck and bled, the

box was tagged (#036544) and operations ceased

while the incident was reviewed.  This observation

was in violation of CFR 9 313.15 (a)(3) and (b)(iv)

which states that “Immediately after the stunning

blow is delivered the animals shall be in a state of

complete unconsciousness and remain in such

condition throughout” and “He must be able to

accurately place the stunning instrument to

produce immediate unconsciousness using the

correct detonating charge with regard to kind,

breed, size, age and sex”. The current robust and

systematic plan at Happy Valley Processing

indicates that all animals will be “rendered

unconscious on the first blow”.  Plant

management will review slaughtering methods

when horned goats present for slaughter to

ensure ongoing corrective measures take place.

OPEN

M45218 Kalapooia

Valley Grassfed

Processing

LFQ520

905151

7N-1

05/17/2019 04C02 Livestock

Humane

Handling

313.2 While performing humane handling task at

establishment 45218 the following was observed: 

Water troughs in holding pen 3, 4 and 5 were

empty with about 30 head of cattle present

during ante mortem inspection. 

 was notified and took immediate

corrective action by filling the troughs.  Based on

the information above the establishment is in

direct violation of the regulation cited in block 6

of this document. All animals shall have access to

water while in the holding pens.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 92

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46006 AZ Grass Fed

Beef

FMP24

150602

21N-1

06/21/2019 04C02 Livestock

Humane

Handling

313.2 On  06/21/2019 at approximately 12:45

hours while performing the Humane Handling task

IPP observed that there were approximately 18

head of cattle in the pen. IPP observed two water

troughs in the pen that had no water in them

leaving the cows without water. This is in

non-compliance of 9 CFR 313.2(e) IPP notified an

establishment employee who promptly filled both

water troughs.   IPP notified plant manager Austin

Brawner that a non-compliance would be issued.

OPEN

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP361

304380

8N-1

04/08/2019 04C02 Livestock

Humane

Handling

313.2 On 4/8/2019 at approximately 0950, I, 

, observed the following

noncompliance.  While conducting HATS Category

IV “Handling During Ante-mortem Inspection” on

a lot of lambs, I observed an establishment

employee grab the horns of a lamb and pull to get

it to turn around and move into an adjacent

holding pen.  I immediately informed the

employee to stop the behavior of moving animals

by their horns, and he responded that he would. 

Director of Facility Operations Mr. Keith Arnold

was notified of the noncompliance.  As the

establishment failed to handle livestock with a

minimum of excitement and discomfort, a

violation of 313.2 (a) exists.

(b) (6)

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 93

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP521

106020

5N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) On 6/5/2019 at approximately 0545 hours, I,

, while performing HATS

category VIII, stunning effectiveness for the

Livestock Humane Handling task, observed the

following. A large dairy cow (backtag 93CF4348)

required a second stun with a handheld captive

bolt device to properly stun the animal, after the

first knock didn’t produce unconsciousness.  I

observed the first stun to be positioned higher

than the proper stun location, and angled toward

the poll.  After the first stun, the cow remained

standing and started blinking and head

movements.  The handheld captive bolt device

fully discharged the metal rod for the first stun. 

The stunning employee then immediately and

effectively re-stunned the cow with the loaded

backup handheld captive bolt device.  I notified

 and Plant manager Mr.

Keith Arnold of the situation, and tagged the

knock box with US Reject tag No. B19890249 in

accordance with 9 CFR 313.50 (c).  Upon

inspection of the skinned head, there were two

distinct knock holes, one near the top of the

saggital crest of the skull (1st ineffective stun), and

one centered in the forehead (2nd effective stun).

 As the establishment failed to produce immediate

unconsciousness with the first stunning blow, this

is noncompliant with 9 CFR 313.15(a)(1).

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 94

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP090

906570

6N-1

06/06/2019 04C02 Livestock

Humane

Handling

313.2 On 6/6/2019 at approximately 0615 hours, I,

, while performing HATS

category III, water and feed availability for the

Livestock Humane Handling task, observed the

following. In the large cattle pen next to the round

pen and chute, the bathtub in the corner that is

used as a water trough was empty.  This trough is

the only source of water in the holding pen, and

there were four cattle in the pen at the time.  I

notified of the situation, and she

immediately instructed an establishment

employee to turn on the water to the trough and

refill it.  As the establishment failed to ensure that

animals have access to water in all holding pens,

this is noncompliant with 9 CFR 313.2(e).

CLOSED

M45377+P

45377+V45

377

3D Meats, LLC VSB141

704593

0N-1

04/29/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII On 4/29/19, slaughter

procedures were conducted at 3D Meats. At 8:40

am, the stunner drove a steer into the stanchion.

The stunner pointed a 22-magnum caliber rifle in

the direction of the skull and he fired the rifle. The

first shot did not produce unconsciousness. The

steer remained standing in the same upright

position prior to the stunner first shot. The steer

was alert, movement/blinked it eyes, and

vocalized. The stunner aimed the rifle at the skull

and fired a second shot. The second shot

produced unconsciousness immediately. Next, the

steer was shackled, hoist, and bled. Post mortem

examination of the skull revealed 2 bullet holes.

One hole was centered and one hole was

peripherally approximately 1-inch from the

centered hole. notified Mr. Leon

Hilty, President/GM, that the above incident

was non-compliant, due the to animal was not

rendered insensitive with the first/single shot. 

There have not been similar NR's written

pertaining to Humane Handling at this

establishment in the past 90 days. The above

incident is non-compliant with CFR 313.16 (a)(1).

CLOSED

(b) (6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 95

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46433 SeraTec Inc. VGF321

604532

0N-1

04/20/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category II: Truck Unloading Today

(4-20-19) at approximately 11:15 am I,

, was performing a Routine HATS

task by observing unloading of calves. The driver,

 of the livestock vehicle was unloading

calves through the side door by herself. I observed

her unload several of the calves with the side door

open. She was opening the door to the plant with

a calf in hand, when a calf in the livestock trailer

fell out the open livestock trailer door. The calf fell

approximately two feet to the ground. The calf did

not vocalize  or exhibit any other indication of

being in pain or experiencing significant

discomfort. then moved the calf on the

ground into the holding area. Another plant

employee, saw what she was doing

and went to the livestock trailer door and moved

calves at the open livestock trailer door to her on

the ground thus preventing calves from falling out.

As soon as they finished unloading, I went to

office area and asked for manager Gilbert Salinas,

who was not on-site. in the lab

areas called him on the cell phone. I described the

incident to Mr. Salinas. He assured me it would

not happen again and proffered an immediate

corrective action. The immediate corrective action

was that a person would not be performing

unloading alone. The plant currently has a

robust humane handling program. The plant was

given the opportunity to kill the calves on-site and

that were already in transit for animal welfare

reasons. When the kill concluded, I notified

Manager Gilbert Salinas of a U.S.D.A. FSIS

regulatory control action. A U.S. Reject Tag NO.

B40245901 was placed on the door of the

off-loading areas. The US Reject Tag No.

B40245091 was removed and the unloading area

was released from FSIS regulatory control at

approximately 9:30 am on April 22, 2019 after

written corrective actions were provided for

review.

OPEN

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 96

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46433 SeraTec Inc. VGF081

805050

3N-1

05/03/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.2(f)

At approximately 1400 hours, I 

was inspecting calves on the line. I heard a

vocalization behind me from a calf. The stun gun

sound and vocalization of the calf happened

simultaneously. When I turned around to observe

the stunning area, the calf was being held facing

away from me and at a downward angle. The calf

was moving back and forth side to side motion in

the arms of the establishment employee assisting

the stunner. The tail was twitching and I could not

see what the ears were doing. The legs were limp.

I could not see the eyes from where I was and the

calf did not vocalize again. The employee

immediately and effectively stunned the calf a

second time and checked the pneumatic captive

bolt device and the pressure on the pneumatic

captive bolt device. The calf was moved to the

bleed table. The employees stopped stunning, and

notified plant manager Gilbert Salinas of the

incident. During postmortem inspection of the

head, there were two distinct marks on the calf's

skull from the pneumatic captive bolt device. 

Plant manager Gilbert Salinas was verbally

notified of the noncompliance and the stunning

area was tagged by with U.S. Reject. tag

B40245903. For humane reasons, the

establishment was allowed to continue stunning

the remaining calves on site. There are no

noncompliance records of the same root cause

within the past 90 days.

(b) (6)

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 97

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45471+P

45471

New Angus,

LLC

VUE231

606402

7N-1

06/27/2019 04C02 Livestock

Humane

Handling

313.2 On 6/26/2019, at 2000 hours, while performing

Odd Hours  Inspection and verification of HATS

Task III-Water and Feed Availability, IPP observed

a noncompliance with water availability.  IPP

observed recently unloaded cows struggling to get

to water in pens.  Soon after being put in pens the

cows had drank all the reserve water in the water

receptacle.  Water was running in but not fast

enough to keep up.  Upon further investigation,

the receptacle between pens 3 and 5 was running

at an even slower rate.  There were no cattle in

these pens at this time and US Reject Tags

#B22024097 and #B22024100 were placed on the

pen card holder of the gates of pens 3 and 5.  Barn

 was notified of the Non

Compliance with 9CFR313.2(e) concerning the

lack of water available for cattle, recently

unloaded, and placed in the holding pens.  The

next morning, the float and valves were replaced

to increase water flow and the reject tags were

removed.

CLOSED

M46877+P

46877

Seven Hills

Abattoir

NOA48

110529

30N-1

05/30/2019 04C02 Livestock

Humane

Handling

313.2 On May 30, 2019 at approximately 9:00 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 two pens which share a concrete water

trough had no access to water. One pen held two

bulls while the other pen held 5 heifers. The

trough has dried fecal material in it and a soaking

wet rag around a plug stuck in the drain.

According to plant personnel, the stopper was not

large enough for the drain so they used the cloth

to help block it. Additionally, they stated that

water was present this morning in the trough

 verbally informed the 

 of this non-compliance. 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 in writing of this

non-compliance.

OPEN

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 98

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46877+P

46877

Seven Hills

Abattoir

NOA48

110529

30N-2

05/30/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

On May 30, 2019 at approximately 11:15 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

heifer. The plant employee discharged the captive

bolt into the skull of the heifer and it got stuck.

The heifer 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 heifer. After the effective

second stun, the animal remained unconscious

through bleeding, shackling, hoisting and

skinning. On post-mortem examination, there

were two holes in the skull: one in the proper

location on the forehead and one at the base of

the skull from the shotgun

verbally informed the 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 313.15(a)(1) and 9 CFR 313.15(a)(3)

which require animals to be in a state of

immediate unconsciousness after a single

application of a captive bolt. Plant management

was notified in writing of this non-compliance.

OPEN

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 99

EstNbr EstName NR# Date Task TaskName Regs Description Status

M157+P15

8+V157

Sailer's Food

Market and

Meat

Processing, Inc.

MKU07

110451

17N-1

04/17/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) At 9:21 am while conducting Humane

Handling Category VIII (Stunning Effectiveness)

Task. A plant employee attempted to stun a beef

steer in the knock box. The captive bolt was

discharged having no effect to the animal who

remained standing and conscious. The steer did

not vocalize during this time and did not appear

agitated. The animal continued normal eye

movement. The employee immediately used the

back up rifle to render the steer unconscious. The

rifle was a 22 caliber long rifle. The rifle is loaded

on the kill floor.  After the head was skinned out I

observed two wounds.  The corrective action stun

was properly placed in the center of the skull. 

And the first stunning attempt was to the right

and above the left eye.  

 also on the kill floor observed the

noncompliance.  This is a non compliance of CFR

313.15(a)(1). I informed 

 of the noncompliance. 

informed owner, Mr. Jake Sailer of the

noncompliance.  After Mr. Sailer provided verbal

corrective actions and preventive measures,

slaughter activities were resumed.

CLOSED

M45856+V

45856

Prime Pork LLC ODB19

150606

13N-1

06/12/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III. At approximately 1235 hours

while following up on a HATS task (Category III)

started earlier this morning, I noticed that pen 4

(tattoo 7998) and pen 6 (tattoo 7997) had not

been killed yet and there was no visible feed in

the pen.  There was no record of the hogs being

fed.  Pens 4 and 6 were held longer than 24 hours

and not given access to feed and 

 was notified of this

noncompliance. Yards personnel immediately

provided 2-50# bags of feed to pens 4 and 6 of

pigs as they were not slated to be slaughtered

until later. Not providing animals with feed if held

longer than 24 hours in a noncompliance with

9CFR 313.2(e).

OPEN

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 100

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45928+P

45928

Central

Missouri

Meat &

Sausage

CRN461

704190

9N-1

04/09/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III- Water Availability On Tuesday,

April 9, 2019, at approximately 1640 hours, I 

 observed noncompliance while

performing a scheduled livestock humane

handling task in the ante-mortem pens. I observed

two pens holding approximately 30 swine for the

following days slaughter. The establishment

utilizes a nipple type water spout for providing

water to animals. I walked around and observed

the water spout and animals in the further pen.

The hogs were nuzzling the spout and observed to

be drinking from the water source.  In the pen

closest to the door leading to the slaughter floor, I

observed roughly 15 hogs crowding around the

water source nuzzling the spout, but no water was

exiting the spout. Several hogs began banging and

lifting the gate attached to the water source. I did

not observe any water dripping from the hose

leading to the spout, as was observed in the other

pen. There was no other water source available to

the animals. The lack of water available to the

animals in one of the holding pens is a violation of

9 CFR 313.2(e). At approximately 1645 hours, I

verbally informed 

 of the noncompliance

and that a noncompliance record (NR) would be

issued. accompanied me to the

ante-mortem pens. After observing the issue

within the pens, he stated that he would have

another employee climb into the pen and turn the

water on. A review of recently issued NR’s did not

indicate a trend that would warrant an association

with this noncompliance record.

OPEN

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 101

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL452

004521

2N-1

04/12/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category VI – Electric Prod/Alternative

Object Use On Friday, April 12, 2019 at

approximately 1541 hours, I, , was

performing ante-mortem inspection when I

observed the following noncompliance.  I could

hear a door repeatedly contacting an animal

(approximately three times) and observed two

men at the backend of a stock trailer at the

loading dock.  I observed the men repeatedly

shoving the door forward sometimes at arm’s

length with what appeared to be their full weight. 

I observed a cows’ hind legs below the door still

standing on the ground.  I observed one of the

men also prodding the animal repeatedly with a

rattle paddle.  When the men forced the door on

the cow, it was pinching the animals’ hind legs

between the trailer door and the floor of the

trailer; and I heard the cow kick the door.  The

men forced the door back into the cow again.  At

this point, I stopped the men’s actions as this was

more force then necessary.  I looked inside the

trailer and observed two dairy cows lying on

either side of the trailer.  The cows’ heads were up

at the trailer compartment door towards the front

of the trailer and their legs were sticking out into

the middle of the trailer towards each other. 

There was less than two feet of space between

them and insufficient room for a third cow. I

verbally notified

 of the

incident and placed USDA Reject Tag#B-45143945

on the stun box.  Denver District Office was

notified via supervisory channels.

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 102

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL101

105113

0N-1

05/30/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability 

At approximately 1348 hours on 5/29/15 I

, was performing a scheduled PHIS Task

and observed the following non-compliance. I

observed approximately seventeen Dairy cows in

holding pen #3 without water in the tubs. I

immediately waived down a plant employee and

CEO Allan Ward who was in the vicinity in a

loader. I informed Mr. Ward that holding pen #3

did not have water and that a noncompliance

record would be issued. Mr. Ward immediately

took off to get water to fill up the tubs.  At

approximately 1400 hours, I observed plant

employee filling up the tubs with water.

OPEN

M48226 American Halal

Meat

MEN20

130436

22N-1

04/22/2019 04C02 Livestock

Humane

Handling

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

holding pens... HATS Category III - Water and

Feed Availability: While conducting a Livestock

Humane Handling task on Monday, 22 April 2019,

at approximately 0722 I observed

no water in pens two, four, and five of five.  Water

troughs in pens two and four were empty and the

absence of a water trough was observed in pen

five.  I informed Mr. Muhammad Qayyum (Owner)

of the non-compliance at which time he

instructed an employee to fill the empty water

troughs and place a filled water trough in pen

five.  No regulatory control action was taken since

non-compliance was corrected immediately.  Mr.

Qayyum was notified of the forthcoming NR

which shows failure to meet 9 CFR 313.2(e).

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 103

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46070+P

46070

Marble City

Meats LLC

KLE550

805020

3N-1

05/03/2019 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii), 313.2

On Friday, May 3, 2019, while establishment was

performing their first and only beef slaughter kill

of the day the following issue occurred.

Establishment personnel ran beef into chute from

off trailer. The Head squeeze catch was not

adequately adjusted to ensure proper restraint.

Therefore, Beef front two legs went through the

head catch restraint device leaving the animal

halfway pinned in the device. Establishment first

attempt to down the animal at using a captive

bolt device. The attempt failed to render animal

insensible. The second attempt using the backup

captive bolt, rendered the animal insensible

 tagged chute with U.S. Reject

Tag # B-45 308840. Establishment has a robust

system and owner provided CSI with Humane

Slaughter Documentation for said system as well

as corrective action for this issue.  This issue

violates 9CFR 313.2,  313.15(a)(1) and

313.15(b)(1)(iii).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 104

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46081+P

46081

Foster's Meat WLD56

130527

16N-1

05/16/2019 04C02 Livestock

Humane

Handling

313.16(b)(1)

(iii)

On 4/1/19 an official Notice of Reinstatement of

Suspension (NOROS) was provided by USDA, FSIS

to establishment 46081 owner/operator Jennifer

McAbee.  This was based on the failure to handle

livestock humanly according to 9 CFR Part 313.  

On 4/9/19 establishment management submitted

proposed corrective and preventive measures

which included, in part, “The use of wooden

blocks in the stunning chute to elevate the hogs

head and to decrease side to side movement of

the hog’s head to enable the stunner to properly

stun the hogs”.  Subsequently, on 4/10/19 an

official Notice of Suspension Held in Abeyance

(NOSHA) was issued to the plant by USDA, FSIS. 

Since then, the equipment described has been

used consistently to stun hogs during slaughter.  

On the morning of 5/16/19, swine slaughter took

place at establishment 46081 and at

approximately 0735 hours employees stunned an

animal, without using the wooden blocks or any

other type of restraining device.  This represents

the failure to carry out the corrective/preventive

measures proposed in response to the NOROS. 

This report serves as notice and record of such. 

Continued failure can result in additional

regulatory/administrative action(s).  The method

to appeal an Inspection Program Personnel (IPP)

decision as it relates to compliance is described in

9 CFR 306.5 and 381.35.

OPEN
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 105

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51302+P

51302

Belmont Meats

LLC

YAY211

305171

0N-1

05/10/2019 04C02 Livestock

Humane

Handling

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

10 May, 2019 at approximately 0849 hours while

performing humane handling verification activities

at Establishment M51302, I 

observed the following Noncompliance.  The

Establishment moved a Hereford cow into the

stun box for stunning with a hand held captive

bolt.  The cow was standing freely in the stun

box.  As the Stunner made the first stunning

attempt with the captive bolt, the cow slightly

moved its head.  The stunning attempt hit the

head as evidenced by a small spot of blood going

down the nose, but the cow remained standing

and made a small vocalization.  The stunner took

immediate corrective action by re-loading the

captive bolt and delivering a second stun, which

made the cow insensible. The second stun was

immediately followed by a security stun.  No

regulatory control action (RCA) was taken due to

immediate corrective actions by the

establishment. Upon post mortem, I observed the

three distinct holes in the skull to verify that the

animal had been hit three times. Amos King, 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 FOIA2019-418 14:42 Tuesday, July 2, 2019 106

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51306+V

51306

Powell Meat

Company LLC

MCU52

090640

05N-1

06/05/2019 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS TASK CATEGORY VIII STUNNING

EFFECTIVENESS Today at approximately 0920

hours while performing a routine livestock

humane handling task, I, ,

observed the following noncompliance.  An

establishment employee had 2 sheep in the stun

box and using a 22 rifle, he rendered the first

sheep immediately unconscious with a single

shot.  As the employee attempted to stun the

second sheep, he was ineffective at producing

immediate unconsciousness with a single shot as

the animal moved its head suddenly when the gun

was fired and it remained standing and was

bleeding from the head.  The employee

repositioned himself and immediately performed

a corrective action by applying a second shot and

this shot effectively stunned the animal.  This

deficiency represents a failure to meet the

regulatory requirements of 9 CFR 313.16(a)(1).  I

notified establishment Plant Manager, Joe

Applegate, that a NR would be documented.  A

review of recent NR’s showed no similar

noncompliances that will be linked to this NR.

CLOSED

M46139+V

46139

Cypress Valley

Meat

Company 1,

LLC

UIV151

506522

0N-1

06/20/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) Thursday 06/20/2019 at approximately 9:00

while observing HATS category #8 Stunning

effectiveness.  I observed an establishment

employee administering a captive bolt blow to the

forehead of a black beef.  I heard the captive bolt

fire with a thud sound and heard the black beef

vocalize very loudly.  I noticed the employee

immediately administer a 410 shot gun blow to

the forehead which rendered the animal

unconscious.  The employee administered a

second 410 gun shot blow as a security measure

to the forehead of the animal.  I advised Plant

Manager Mr. Chris Shaw of the incident and of the

forth coming non-compliance NR.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 107

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46172+P

46172+V46

172

JM Watkins,

LLC

IGT501

106021

1N-1

06/11/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) On 6/11/19, at approximately 0730 hours, I

, were

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 hand held

captive bolt on the forehead area of the beef

steer. After the hand held captive bolt was

discharged, it appeared to have no effect on the

animal, as the beef steer remained conscious,

standing calmly and did not vocalize. The

establishment employee immediately switched to

the backup pre-loaded rifle and applied an

effective stun, rendering the animal unconscious.

Establishment owner Brandon Clare was present

for the ineffective stun and offered the immediate

corrective actions of a different employee

stunning the rest of the animals for the day and

retraining the initial employee that performed the

ineffective stun: therefore, no U.S. Reject tags

were used. During post mortem inspection, I

viewed the skull and observed two holes had

penetrated the forehead area of the skull, the first

hole located one inch above the eye line and one

inch left of the centerline of the skull and the

second hole located two inches above the first

hole towards the pole. This is a noncompliance

with 9 CFR 313.15(a)(1). I informed Establishment

Owner, Brandon Clare, of the noncompliance and

issuance of the noncompliance record.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 108

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46172+P

46172+V46

172

JM Watkins,

LLC

IGT180

706052

0N-1

06/18/2019 04C02 Livestock

Humane

Handling

313.15(a)(1) On 6/18/19, at approximately 1020 hours, I

, were

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 hand-held

captive bolt on the poll area of the beef steer.

After the hand-held captive bolt was discharged, it

appeared to have no effect on the animal, as the

beef steer remained conscious, standing calmly

and did not vocalize. The establishment employee

immediately switched to the backup pre-loaded

rifle and applied an effective stun, rendering the

animal unconscious. I tagged the restrainer with

U.S. Reject Tag NO. B38122838. During post

mortem inspection, I viewed the skull and

observed two holes had penetrated the skull, the

first hole located in the center of the poll area of

the skull and the second hole located two inches

above the eye line in the forehead of the skull.

This is noncompliant with regulation 9 CFR

313.15(a)(1). I informed Establishment Manager,

Mr. Charlie Link, of the noncompliance and

issuance of the noncompliance record. A similar

ineffective stunning noncompliance of a beef steer

with the hand-held captive bolt gun was

documented on 6/11/19 and is being associated

with NR IGT5011060211N/1. The establishment

provided a written preventive measure stating

“ will be retrained on proper stunning

technique by reading through ‘Recommended

Captive Bolt Stunning Techniques for Cattle’ by

. The establishment’s further

planned actions were ineffective in preventing this

noncompliance from reoccurring.

OPEN

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 109

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46176 May's Custom

Meat

Processing LLC

OZC440

706052

5N-1

06/25/2019 04C02 Livestock

Humane

Handling

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

June 25, 2019, at approximately 8:35am while

performing humane handling verification

activities, I observed the following noncompliance.

The plant employee moved a heifer with 3 inch

horns in the knock box for stunning with a captive

bolt, the captive bolt fired hit the heifer up above

the eye, the heifer remained standing looking

around where she was well alert, the plant

employee reloaded his captive bolt fired second

shot, which rendered it unconscious. The 

 was notified. Examined of the skull

revealed two thickness holes in the forehead of

the animal. This observation confirmed that the

first stunning attempt did not cause immediate

unconsciousness. No regulatory control action

was taken, as the employee took immediate

corrective action by rendering the bovine

insensible on the second shot, no further action

was taken.  A search of PHIS showed no humane

handling noncompliance in the past 90 days. Plant

employee was notified of the

Noncompliance and the establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1).

CLOSED

M51559 J & J Hazen

Meats

SJN461

104181

2N-1

04/12/2019 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability At

1130 while touring the barn, I 

observed two bovine animals held without access

to water. I notified plant owner/operator Justin

Hill of the observation and discussed 9 CFR

313.2(e). He indicated he had pulled water at the

start of slaughter (0830). Following the discussion,

he immediately filled a tub for the remaining

animals. No retain tag was used.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 110

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46547 Gourmet

Natural Meats

LLC

UAV161

404541

9N-1

04/19/2019 04C02 Livestock

Humane

Handling

313.2 On April 19, 2019 at approximately 0807 hrs

while performing ante-mortem inspection of veal

calves at establishment M46547 (Gourmet

Natural Meats), noted that there was no

water available for calves in the holding pen

 immediately notified of

his findings. took corrective action by

immediately having an employee place water in

the pen. A review of the establishments

noncompliance history revealed that no similar

noncompliance has been documented.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 111

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46547 Gourmet

Natural Meats

LLC

UAV551

705471

5N-1

05/15/2019 04C02 Livestock

Humane

Handling

313.1, 313.2 While performing HATS category ll (truck

Unloading), and I observed the

following noncompliance at 10:10 am on

5/15/19.   We observed one calf step off the

trailer, lose its footing off their front feet while its

hind feet were still in the trailer, and fall face-first

into the concrete.  The unloader removed the hind

legs from the trailer, the calf was able to stand

freely and walk away.  We verbally notified plant

manager, Mario Peralta, that a non- compliance

record would be issued for failure of the

establishment to follow regulation 9 CFR 313.1(B)

and 313.2(A).  There are no associated

noncompliance records of the same root cause

within the past 90 days.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-418 14:42 Tuesday, July 2, 2019 112

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46622 920 Fries

Frozen Foods,

LLC

QCZ160

806061

1N-1

06/11/2019 04C02 Livestock

Humane

Handling

313.16(a)(2),

313.2

On June 11th, 2019 at approximately 0830 hours,

 evaluated humane handling activities

at Fries Frozen Foods (M46622) in Millen, GA. 

During the inspection the PHV observed

the establishment's staff driving two steers from

the holding pens into the knock box.  Staff was

observed poking with a sorting stick, pushing

animal with hands, and making noises at the

second steer to drive it into the knock box.  The

knock box is limited in size and could not

accommodate both steers easily and so the

second steer turned and balked at the pressure by

lowering head aggressively at the plant staff,

behind it.  Staff proceeded to get away by pushing

the steer in the face with his foot.  Additionally, an

electrical prod was used to get the animal

redirected.   After several minutes the second

steer turned and made it into the knock box with

the other steer.  No physical injury resulted from

the excessive pressure.  However, the observation

is in violation of both 9 CFR 313.2 and 9 CFR

313.16 (a)(2) which specify 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 animals" and "the driving of

the animals to the shooting areas shall be done

with a minimum of excitement and discomfort to

the animals.  Delivery of calm animals to the

shooting area is essential since accurate

placement of the bullet is difficult in the case of

nervous or injured animals".  Establishment

management was immediately notified and the

issue was discussed with staff regarding the

importance of properly driving animals to the

knock box so as to not cause excessive agitation.

CLOSED

(b) (6)