USDA 

United States Department 

-

of Agriculture 

Food Safety and 

Inspection Service 

1400 Independence 

Avenue, SW. 

Washington, D.C. 

20250 

September 28, 2021 

TRANSMITTED VIA ELECTRONIC MAIL 

Ms. Emily von Klemperer 

Farm Sanctuary 

P.O. Box 150 

(b) (6)

Watkins Glen, NY 14891 

@farmsanctuary.org 

RE: 2020-FSIS-00110-F

 04C05 Inspection related records 

Dear Ms. Klemperer: 

This is the second interim response to your Freedom of Information Act (FOIA) request 

to the Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), 

dated December 12, 2019, in which you requested, all 04C05 inspection task records for 

non-compliance related to the humane treatment of poultry under the PPIA, including 

NRs, and MOI’s as well as Memoranda of Information, Letters of Concern, and Letters 

of Cause issued during the period from April 17, 2019 through the date this request is 

processed. (April 17, 2019 - December 16, 2019) FSIS received your request on 

December 16, 2019. 

The FSIS FOIA staff works with subject matter experts across the Agency to locate 

responsive documents. For this request, we conducted a records search in the Office of 

Planning, Analysis and Risk Management and the Office of Field Operations. FSIS’ 

search began on December 17, 2019 and includes responsive records in our control on 

that date. 

For this release, we have located 105 pages that are responsive to your request. After a 

thorough review, we have determined that portions of the records are exempt from 

disclosure under (b)(4) and (b)(6) of the FOIA, 5 U.S.C. § 552, as amended. 

Accordingly, this request is granted in part. 

Exemption 4 of the FOIA protects “trade secrets and commercial or financial 

information obtained from a person [that is] privileged or confidential.” 5 U.S.C. § 

552(b)(4). The exemption covers two distinct categories of information in federal 

agency records, (1) trade secrets, and (2) information that is (a) commercial or financial, 

and (b) obtained from a person, and (c) privileged or confidential. In this instance, the 

agency is withholding business processing line information. We have determined that 

these records contain commercial or financial information that is customarily treated as 

private by the business submitters. Therefore, the information is considered 

confidential. 

Portions of the responsive records are exempt from disclosure under FOIA Exemption 

6, 5 U.S.C. § 552(b)(6). Exemption 6 protects information that would constitute an 

unwarranted invasion of an individual’s personal privacy. The types of information 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

 

 

 

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regulations, please contact 

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Keith Komosinski via email at keith.komosinski@usda.gov or at 813-919-

You also have the option to seek assistance from the Office of Government Info

Acting FOIA Director/ FOIA Public Liaison at 202-720-8215 or via email at April.Harrid@usda.gov. 

0531. If you have general questions about FSIS’ FOIA procedures or regulations, please contact me, 

rmation 

Services (OGIS). Please visit https://www.archives.gov/ogis/mediation-program/request-assistance 

for information about how to request OGIS assistance in relation to a FOIA request. 

Enclosure: 

Office of Public Affairs and Consumer Education 

Acting Director, Freedom of Information Act Staff 

April D. Harrid 

Sincerely, 

Thank you for your interest in FSIS programs and policies. 

105 pages 

Be Food Safe: CLEAN: Wash Hands and Surfaces Often SEPARATE: Separate Raw Meats from Other Foods 

COOK: Cook To The Right Temperature CHILL: Refrigerate Food Promptly