USDA 

.. 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

1400 Independence 

Avenue, SW. 

Washington, D.C. 

20250 

October 21, 2021 

TRANSMITTED VIA ELECTRONIC MAIL 

Ms. Erin Sutherland 

Staff Attorney 

Animal Welfare Institute 

900 Pennsylvania Ave., SE 

(b) (6)

Washington, DC 20003 

@awionline.org 

RE: 2021-FSIS-00263-F 

ISP Code 04C02 

Dear Ms. Sutherland: 

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

April 1, 2021, to the U.S. Department of Agriculture’s Food Safety and Inspection 

Service (FSIS). You requested a copy of records related to Humane Methods of 

Slaughter including: all noncompliance records, memorandums of interview, and 

supporting records for noncompliance with humane handling and slaughter regulations 

under 9 CFR 313 and the Humane Methods of Slaughter Act (ISP Code 04C02) issued 

by FSIS from January 1, 2021 to March 31, 2021. We received your request in our 

office on April 1, 2021. 

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 (OPARM). FSIS’ search began on April 1, 

2021. Our search includes responsive records in FSIS’ control on that date. 

We have located 164 pages and one Excel spreadsheet that are responsive to your 

request. After a thorough review, we have determined that portions of these documents 

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). This 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 the following: (1) business operation information relating to 

customers/clients and (2) the specific brand equipment used by the establishment. 

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. 

An Equal Opportunity Provider and Employer 
 

Erin Sutherland 

Page 2 

Portions of the responsive records are exempt from disclosure under FOIA Exemption 6, 5 U.S.C. § 

552(b)(6). Exemption 6 protects information that would constitute an unwarranted invasion of an 

individual’s personal privacy. The types of information withheld under Exemption 6 include the 

names, addresses, or cell phone numbers of employees of Establishments and third parties, including, 

but not limited to interviewees or customers. 

With respect to the portion of your request seeking online posting of records, we consider your 

request under Section (a)(2)(D) of the FOIA. As you know, the FOIA affirmative disclosure 

requirements of Section (a)(2)(D) only applies to copies of records that have been released to any 

person pursuant to a valid FOIA request under 5 U.S.C. 552(a)(3), and that the agency has 

determined have become or are likely to become the subject of subsequent requests for substantially 

the same records or have been requested three or more times. For records that meet this criterion, 

FOIA requires the agency make copies of these records available for public inspection in an 

electronic format. See 5 USC 552(a)(2)(D) and 7 C.F.R. 1.2. FSIS has determined that the records 

provided in response to the (a)(3) portion of this request meet the requirements for public inspection 

in an electronic format. As such, FSIS will post these records to its public reading room within 45 

days of the date of this amended final response letter. 

You may appeal this determination by email to FSIS.FOIA@USDA.GOV. Your appeal must be in 

writing, and it must be received electronically no later than 90 days from the date of this letter. FSIS 

will not consider appeals received after the 90 calendar-day limit. Appeals received after 5:00 PM 

EST will be considered received the next business day. Your appeal should include the FOIA 

tracking number, a copy of your original request, FSIS’s response to your original request, as well as 

reasons supporting your appeal. 

For quickest possible handling, please email your appeal to FSIS.FOIA@USDA.GOV, and in the 

subject line of your email and the appeal letter, mark “Freedom of Information Act Appeal” and 

reference FOIA No. 2021-FSIS-00263-F. 

If you do not have access to email, or are otherwise unable to email your appeal, you may mail your 

appeal to: 

Paul Kiecker 

Administrator 

U.S. Department of Agriculture 

Food Safety and Inspection Service 

1400 Independence Avenue, SW. 

Room 1170, South Building 

Washington, DC 20250-3700

 Please be advised that your FOIA request, including your identity and the information made 

available, is releasable to the public under any subsequent FOIA requests. However, FSIS does not 

release your personal privacy information, such as home addresses, telephone numbers, or Social 

Security Numbers, all of which are protected from disclosure under FOIA Exemption 6. 

If you have any questions about the processing of your request or about the USDA’s FOIA 

regulations, please contact Jessica Parrish at 310-880-8244 or via email at Jessica.Parrish@usda.gov. 
 

 

 

 

 

 

 

 

 

Digitally signed by 

Dexter Johnson 

-04'00' 

Erin Sutherland 

Page 3 

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

FOIA Director/ FOIA Public Liaison via email at Dexter.Johnson@usda.gov. 

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

Thank you for your interest in FSIS programs and policies. 

Sincerely,

Dexter 

Date: 2021.10.21 14:26:30 Johnson 

Dexter Johnson 

Director, Freedom of Information Act Staff 

Office of Public Affairs and Consumer Education 

Enclosure: 164 pages and 1 Excel spreadsheet 

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