Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 1

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M1015 Empire Kosher Poultry, Inc. ARE520510

3116G

16OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P-1015, Empire Kosher, October 15, 2018 at

approximately 1030 hours.  In attendance:  

 and 

. At approximately 1020 hours,

while performing Poultry Good Commercial

Practices task, I observed two live turkeys hanging

by the wall, with their necks curved and eyes

open.  Running lines of cones and shackled

turkeys obscure my clear view of what is going

on.  After a couple of minutes, the neck of one of

the aforementioned turkeys became limp.  One

more minute passed by, a third live turkey is

hanged by the wall, with its neck curved and eyes

wide open. For two more minutes, I kept

watching the three turkeys hanging by the wall. 

One apparently died already with its neck limp

and immobile.  The other two are alive with their

curved necks, eyes wide open.  Then, I noticed

their beaks are closing and opening apparently

gasping for breath.  Realizing what was going on, I

tagged   and checked the three

turkeys hanging by the wall together

 immediately ordered the rabbi helper

to dislocate the necks of the two turkeys that are

still alive and gave instruction to dislocate the

neck before hanging it by the wall. At

approximately 1030 hours, I met 1st processing

.  I recalled my

observations to and he explained that

those turkeys being hanged by the wall are

“mis-cuts” and  can no longer be considered

“kosher-killed”.  He further explained that before

hanging them by the wall, the necks of those

“mis-cuts” are supposedly dislocated, rendering

them dead humanely.  I recommended 

to review the treatment of live poultry before and

after slaughter by reading the Federal Register

Notice Vol. 70, No. 187, published September

2005 (Docket No. 04-037N).    I also notified 

 that this MOI will be forwarded to the

(b

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Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 2

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rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

District Office and the District Veterinary Medical

Specialist (DVMS) in case additional follow up is

recommended. After several minutes, 

dropped by my office and said, he met with the

concerned supervisors and rabbis and discussed

the incident and humane handling of poultry. He

assured me that such incident will no longer

happen again.  NOTE:  MOI ARE21150908121

was issued last September 12, 2018 in relation to

two turkey cadavers found by FSIS food inspector

on the line. Respectfully, 

 of Est. P-1015:  Empire Kosher.

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 3

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M1015 Empire Kosher Poultry, Inc. ARE191410

1531G

31OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1015, Empire Kosher, October 31, 2018, at

approximately 09:20 hours. In attendance: 

, L

, and At

approximately 0345 hours, while performing

Good Poultry Commercial Practices, in the live

room, observed

three (3) live, apparently healthy, young chickens

in a condemned barrel being sprayed with water

from an adjacent water hose. 

summoned to notify him of

this finding. immediately

went through the condemned barrel and removed

the live birds which he elected to euthanize by

cervical dislocation. thinks

those birds were found by overnight clean-up

crew and put them in the condemned barrel

 reminded that the

PPIA and Agency regulations require that live

poultry be handled in a manner that is consistent

with good commercial practices and that prevents

needless suffering. recommended

that review Federal Register

Notice Vol. 70, No. 187, published September

2005 [Docket No. 04-037N] for FSIS

recommendations concerning treatment of live

poultry before slaughter and provided him a copy

of this document. I later notified 1st Processing

 that this MOI will be

forwarded to the District Office and the District

Veterinary Medical Specialist (DVMS) in case

additional follow-up is recommended.

 emphasized that Empire

Kosher team aim for the highest standard of

animal welfare. He added that all the concerned

personnel are accordingly notified of appropriate

preventive and corrective action. Respectfully,

 P1015, Empire Kosher.

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

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

(b) (6)

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Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 4

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Task

Code TaskName Status MOI Agenda

60 M1015 Empire Kosher Poultry, Inc. ARE101111

5606G

06NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P-1015, Empire Kosher, in November 06,

2018, at 1150 hours. In attendance: 

 and 

.   At approximately 1100 hours, 

 summoned me to

her USDA inspection station and showed me a

young turkey with cherry red skin on neck and

carcass.  The viscera is apparently normal except

for slight congestion of intestine and grape-size

clump of blood clot in the thoracic cavity. I

observed that the cut in the neck completely

severed the trachea and esophagus.  However, the

cut in the ventral right side of the neck did not

extend all the way across the ventral left side.

 and a Rabbi concurred that it is a

cadaver. Recently, I recommended to the 1st

 and 

 to review the treatment of live poultry

before slaughter. I also provided a copy of the

Federal Register Notice Vol. 70, No. 187,

published September 2005 (Docket No. 04-037N).

I notified Plant Manager Chad Panebaker that this

MOI will be forwarded to the District Office and

the District Veterinary Medical Specialist (DVMS)

in case additional follow up is recommended.   

 NOTES: MOI ARE2215090212G is issued last

9/12/2018 for 2 young turkey cadavers. Another

related MOI (ARE5205103116G)  is issued last

10/16/2018 for 3 kosher-miscut young turkeys

shackled to bleed without dislocating the neck. 

Then, on 10/23/18, another related MOI

(ARE5603103023G) is issued for one young turkey

cadaver.  On 10/24/2018 another MOI

(ARE2411102924G) is issued for one young turkey

miscut. Respectfully, 

 of Est. P-1015: Empire Kosher.

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

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

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 5

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M1015 Empire Kosher Poultry, Inc. ARE001211

5008G

08NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1015, Empire Kosher, November 07, 2018,

at approximately 1220 hours. In attendance: 

, Plant Manager Chad

Panebaker, 

.   reported that at

approximately 0700 hours, in 7th of November

2018, while he is performing good poultry

commercial practices, he observed one young

turkey entered the first picker apparently still

alive. Its beak is opening and closing, gasping for

breath; arched head and neck; and both eyes

open.   recalled the following:  (1) 

October 31, 2018 meeting and ocular observation

with regarding poultry mistreatments.

 observed 3 young turkeys apparently

still alive entering the first picker.  

recommended slowing down the turkey line for

15 seconds to allow young turkeys complete

bleed out before entering the first picker; (2) 

November 5, 2018 MOI on one young turkey

cadaver found by ; (3)

November 5, 2018 observed two

young turkeys entered the first picker apparently

still alive.  MOI is not written because corrective

action is on-going.  The turkey line is further

slowed down to 25 seconds.   Plant Manager

Panabaker and expressed

concerns on the issue at hand.  Both said they

never had any poultry mistreatment issues before

my tenure as IIC at their establishment.  

 said he will consult with the top 

 about the matter.  Manager Panebaker said

he is actively engaged on the issue and hopes to

come up with the appropriate solution soon

 recommended that Plant Manager

Panebaker and review Federal

Register Notice Vol. 70, No. 187, published

September 2005 [Docket No. 04-037N] for FSIS

recommendations concerning treatment of live

poultry before slaughter and provided them a

(b) (6)

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

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

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Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 6

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Task

Code TaskName Status MOI Agenda

copy of this document.   I notified Plant Manager

Panebaker that this MOI will be forwarded to the

District Office and the District Veterinary Medical

Specialist (DVMS) in case additional follow-up is

recommended.   NOTES: Related MOIs are as

follows:   ARE2215090212G  (9/12/2018) for 2

young turkey cadavers; ARE5205103116G 

(10/16/2018) for 3 kosher-mis-cut young turkeys

shackled to bleed unnecessarily without

dislocating the neck; ARE5603103023G

(10/23/2018)  for one young turkey cadaver;

ARE2411102924G (10/24/2018) for I mis-cut

young turkey shackled to bleed unnecessarily

without dislocating the neck; ARE1914101531G

(10/31/2018) for 3 live young chickens on

condemn barrel; and ARE1011115606g

(11/06/2018) for 1 young turkey cadaver.   

Respectfully, P1015,

Empire Kosher.

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 7

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

35 M13556 Tyson Foods Inc TDB472211

0406G

06NOV2018 04C05 Poultry Good

Commercial

Practices

Open Est. P13556, Tyson Foods Inc., November 5, 2018,

2230 hours. In attendance: 

. 

At approximately 2140 hours, during observation

of good commercial practices throughout the

killing procedure with 

, I observed a live bird on line two

exiting the kill tunnel, prior to the scalder. This

bird was also observed by .

Approximately one minute elapsed and an

additional live bird on line two was observed, I

took regulatory control and stopped the kill lines,

as had left the area to attend to the

first bird. immediately removed the

bird from the line and I restarted the lines.

 Approximately thirty seconds later a third live

bird on line two exiting the kill tunnel was

observed about to enter the scalder. 

immediately removed this bird, and as he was

doing so a fourth live bird was observed on the

same line, line two. I took regulatory control and

stopped the kill line to allow to

remove the bird. removed the

fourth live bird and I immediately restarted the

kill line. ,

was present as I observed operations for

approximately five minutes and no other live birds

were observed to be entering the scalder.

The above described four live birds were observed

over approximately six minutes.  I spoke to 

 that the PPIA and Agency regulations

require that live poultry be handled in a manner

that is consistent with good commercial practices

and that they not die from causes other than

slaughter. I recommended that review

Federal Register Notice Vol. 70, No 187, published

September 2005 [Docket No. 04-037N] for FSIS

recommendations concerning treatment of live

poultry before slaughter and provided him a copy

of this document. I notified that this

(b) (6)

(b) (6)

(b) (6)

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Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 8

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Task

Code TaskName Status MOI Agenda

MOI will be forwarded to the District Office and

the District Veterinary Medical Specialist (DVMS)

in case additional follow-up is recommended. 

Respectfully, P13556 Tyson

Foods Inc.

35 M13556 Tyson Foods Inc TDB281012

1306G

06DEC2018 04C05 Poultry Good

Commercial

Practices

Open Est. P13556, Tyson Foods, Inc., December 5th,

2018, 1020 hours.  In attendance:

, 

. On 12/05/2018 at 1000 hours, while

performing the Good Commercial Practices task, I,

 observed two live birds in the

DOA trailer. I climbed the ladder and looked into

the DOA trailer and observed the first live bird. 

The bird was lying on its back, with its head

tucked to the side and breathing. I then notified

 of

the situation and he instructed the Live Hang Lead

to euthanize the bird. He euthanized the bird and I

looked in the trailer again and noticed another

bird that was also on its back and breathing.  I

then notified the Live Hang Lead and he

euthanized the second bird as well.  I then looked

into the DOA trailer again and didn’t observe any

more live birds.  There were no other live birds

observed in the DOA trailer the remainder of the

shift.  I then went to the evisceration office and

at approximately 1020 hours, I discussed my

findings with 

 as well as 

 and discussed that a Good

Commercial Practice MOI would be documented. 

 acknowledged that it should not have

happened and that it would be addressed with

the team members.  This MOI will be forwarded

to the District Office and the District Veterinary

Medical Specialist (DVMS) in case additional

follow-up is recommended. Respectfully,

 P13556 Tyson Foods, Inc.

(b) (6)

(b) (6) (b) 

(6

(b) (6)

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

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

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(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 9

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

05 M27389 Pitman Farms NCO04091

21118G

18DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized On December 14, 2018 at approximately 1410

hours I, 

 and Inspector-In-Charge

performed a Good Commercial Practice in Live

Hang Area. I observed chicken carcasses leaving

the scalders on Line 1 and Line 2. While observing

the chicken carcasses leaving Line 2 scalder I

noticed a carcass without the neck being

severed. I informed 

 who observed the chicken

carcass. Approximately 2 minutes later, I observed

a second carcass without it's neck being severed. I

informed 

 who also observed the second carcass. She

then radioed 

 at approximately 1415 hours.

I informed him of my concerns and we observed

for more carcasses that had not had the neck cut.

Upon our observation of carcasses leaving the

scalders we observed a total of 8 carcasses. All

carcasses exhibited swollen red to purplish heads

and were removed and disposed of. I informed

 that a MOI would be documented. 

As per written in the Federal Register Notice

Docket No. 04-037N, Treatment of Live Poultry

Before Slaughter, "The Food Safety and Inspection

Service (FSIS) is reminding all poultry slaughter

establishments that, under the Poultry Products

Inspection Act (PPIA) and Agency regulations, live

poultry must be handled in a manner that is

consistent with good commercial practices, which

means they should be treated humanely.

Although there is no specific federal humane

handling and slaughter statute for poultry, under

the PPIA, poultry products are more likely to be

adulterated if, among other circumstances, they

are produced from birds that have not been

treated humanely, because such birds are more

likely to be bruised or to die other than by

slaughter."  This MOI will be forwarded through

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 10

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rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

the appropriate channels in the Alameda District

office. cc: cc: Sheryl

Beckett, DDM cc: 

________________________ 

 P-27389

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 11

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rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

25 M32130 Dakota Provisions LLC JEB371510

1302G

02OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. 32130, Dakota Provisions, 10/02/18, 1530

hours.  Meeting Attendance:  

 and On

10/02/2018 at 1518 hours, while monitoring

conditions in pick and hang, and I

noticed a bird on the line before the scalder that

was blinking, arching his neck and trying to

escape the shackles.  I immediately stopped the

line and notified 

, of the conscious bird about to enter

the scalder.  Production personnel grabbed a

portable ladder and pulled the bird off the line. 

The bird had a superficial skin cut only.  No major

vessels were severed.  The bird was then

immediately relocated back on the line before the

neck cutter to start the process over.  The incident

that took place is a concern due to the neck cut

miss and its path straight to the scalder to drown,

as it was still breathing and fully conscious.  I

immediately notified 

 of the incident.  was to further

investigate. Production had ceased for the day. 

 He concluded that the back-up stunning device

needed to be available, especially at the end of

the day when birds do not have the option to be

re-stunned.  He also stated he would have

maintenance evaluate the neck cutter to ensure it

is functioning properly.  QA would also do extra

monitoring the next day. Employing humane

methods of handling and slaughtering that are

consistent with good commercial practices

increase the likelihood of producing

unadulterated product.  Poultry must be

slaughtered in accordance with good commercial

practices in a manner that will result in thorough

bleeding of the carcass and ensure that breathing

has stopped prior to scalding.  Stunning of

poultry, when performed, is also expected to be

done in a consistent and effective manner.

(b) (6)

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

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(b) (6)

Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 13

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M45134 Birdsboro Kosher Farms Corp. FKJ421211

0526G

26NOV2018 04C05 Poultry Good

Commercial

Practices

Open While I was walking at killing department, I

observed two slaughtered birds that were still

alive and moving their wings and extending their

necks. I kept observing them for about two

minutes and they were still moving.. the birds

were shown to 

, and to the Rabbi . The regulations, 9

CFR 381.65(b), require that poultry be slaughtered

in accordance with GCP and in a manner that

ensures a thorough bleeding of the poultry

carcass and that breathing has stopped before

proceeding with the next step; the next step in

this case was placement into an inedible barrel.

Slaughter must result in thorough bleeding of the

poultry carcass (9 CFR 381.65).Compliance with

these requirements helps ensure that poultry are

treated humanely.  This MOI will be forwarded to

the District Office and the District Veterinary

Medical Specialist (DVMS) in case additional

follow-up is recommended.

60 M45134 Birdsboro Kosher Farms Corp. FKJ341111

0627G

27NOV2018 04C05 Poultry Good

Commercial

Practices

Open At approximately1220 hours, I  walked to killing

department to perform my routine Good

Commercial practice task. While looking inside

the condemn barrel I observed an alive chicken

that was not slaughtered. I took a regulatory

control action by stopping the killing process. I

notified 

and the chicken was shown to him and to Mr.

Carlos Urieta, Plant Manager. I clarified to them

that presence of alive bird in condemn barrel

could expose the bird to suffocation by other

dead birds, which doesn't comply with Good

Commercial Practice and 9CFR 381.65(b). The

corrective action was taken by removing the bird

from the barrel. I notified 

 that this MOI will be

forwarded to the District Veterinary Medical

specialist (DVMS) and FLS, in case additional

follow-up is recommended.

(b) (6)

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 14

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M45134 Birdsboro Kosher Farms Corp. FKJ391111

1028G

28NOV2018 04C05 Poultry Good

Commercial

Practices

Open through month of November from November 1st

to November 29 we have around 35 cadaver (bird

that die with cause other than slaughter as

following:         11/01 (1 cadaver) 11/05 (12

cadaver)  11/06 (1 cadaver) 11/07 (2 cadaver) 

11/08 (5 cadaver) 11/12 (1 cadaver) 11/13

(2cadaver) 11/14 (4 cadaver) 11/15 (2 cadaver)

11/19 (5 cadaver). According to regulation

380.90 Cadaver is a Carcass of poultry showing

evidence of having died from causes other than

slaughter shall be condemned”.  It is considered

an adulterated product and shouldn’t enter the

production process.  After further inspection I

found that mostly the cause is inappropriate cut

for both jugular veins. This is considered as a

Good Commercial Practice issue. 

 was informed with this issue. Under the

Poultry Products Inspection Act (PPIA) and Agency

requirements, live poultry must be handled in a

manner that is consistent with good commercial

practices, which means they should be treated

and slaughtered humanely.

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 15

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Task

Code TaskName Status MOI Agenda

60 M45134 Birdsboro Kosher Farms Corp. FKJ331112

3704G

04DEC2018 04C05 Poultry Good

Commercial

Practices

Open On 12/03/2018 and At

approximately 1605 hours, I walked to killing

department to perform my routine Good

Commercial practice task. I looked inside the

condemn barrel and found a  slaughtered chicken

was alive and still breathing and moving. I took a

regulatory control action by stopping the killing

process. I notified 

 and the chicken was shown to him and

to Mr. Carlos Urieta, Plant Manager, and 

. I clarified to them that presence

of alive bird in a condemn barrel doesn't comply

with Good Commercial Practice and 9CFR

381.65(b). Also there was 2 cadaver carcasses

were found in the inspection line. the 2 carcasses

were shown to Mr. Carlos Urieta, plant manager

then condemned.  The corrective action was taken

by removing the bird from the barrel. I notified

 that this

MOI will be forwarded to the District Veterinary

Medical specialist (DVMS) and FLS, in case

additional follow-up is recommended.

60 M45134 Birdsboro Kosher Farms Corp. FKJ150812

5606G

06DEC2018 04C05 Poultry Good

Commercial

Practices

Open On 12/05/2018 during the inspection we found 3

cadavers. The carcasses were shown to 

 then condemned. 

 According to regulation 380.90 Cadaver is a

Carcass of poultry showing evidence of having

died from causes other than slaughter shall be

condemned because It is considered an

adulterated product and shouldn’t enter the

production process. After further inspection I

found that mostly the cause is inappropriate cut

for both jugular veins. This is considered as a

Good Commercial Practice issue. 

 was informed with this issue. Under the

Poultry Products Inspection Act (PPIA) and Agency

requirements, live poultry must be handled in a

manner that is consistent with good commercial

practices, which means they should be treated

and slaughtered humanely.

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

(b) (6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 16

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Task

Code TaskName Status MOI Agenda

60 M45134 Birdsboro Kosher Farms Corp. FKJ310912

5610G

10DEC2018 04C05 Poultry Good

Commercial

Practices

Open On 12/10/2018 line inspectors hanged a carcass

for further inspection. I inspected it and found

that it is a cadaver with red neck and dark bloody

liver, and red muscle. The carcass was shown to

 and

condemned. The birds could have been

processed as non-Kosher product but Birdsboro is

a strictly Kosher establishment and it cannot

process non-Kosher product. The rejected birds

were put into an inedible barrel as soon as the

rabbi determined that they were non-Kosher; 

they went into the barrel prior to bleeding out

and while they were still alive. Many birds were

piled on top of each other in a single barrel. The

regulations, 9 CFR 381.65(b), require that poultry

be slaughtered in accordance with GCP and in a 

manner that ensures a thorough bleeding of the

poultry carcass and that breathing has stopped

before proceeding with the next step; the next

step in this case was placement into an inedible

barrel. Slaughter must result in thorough bleeding

of the poultry carcass (9 CFR 381.65). 

Compliance with these requirements helps ensure

that poultry are treated humanely. In general,

poultry should be handled in a manner that

prevents needless injury and suffering in order to

produce a commercially marketable product.

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 17

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rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

60 M45134 Birdsboro Kosher Farms Corp. FKJ081512

4226G

26DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Today 12/26/2018 Inspection team found 14

cadavers that were shown to plant management. 

According to regulation 380.90 Cadaver is a

Carcass of poultry showing evidence of having 

died from causes other than slaughter shall be

condemnedIt is considered an adulterated 

product and shouldn??t enter the production

process. After further inspection I found that 

mostly the cause is inappropriate cut for both

jugular veins. This is considered as a Good 

Commercial Practice issue. was

informed with this issue. Under the Poultry

Products Inspection Act (PPIA) and Agency

requirements, live poultry must be handled in a

manner that is consistent with good commercial

practices, which means they should be treated

and slaughtered humanely.

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 18

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rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

25 M4653A Agri Star Meat and Poultry, LLC HRJ080911

1420G

20NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 11/19/18 at approximately 10:45 I met with

 and relayed

to him the following observations regarding

poultry handling issues from yesterday and today.

Both days there have been an increased number

of DOAs on loads and a higher than normal

number of birds coming in on the kill belt in

agonal condition. While inspecting piles of dead

birds and observing plant employees removing

dead birds from the kill belt and throwing them

on the ground near the deads barrels, I observed

four times a live (agonal) bird on or being thrown

on the ground in or near piles of dead birds. I also

observed birds piling up at the end of the kill belt,

and birds being flipped or forced on top of others

by the moving belt against the barrier at the end

of the belt. At the end of kill yesterday I walked

through the kill room and saw a live bird on its

back being soaked with hot water from

employees cleaning their gear. Today at lunch I

walked into the kill room and saw an employee

pick three agonal birds up off the ground from a

group of deads and place them back on the belt.

There were also birds crowded at the end of the

kill belt. Neither day have I observed live birds in

the barrels with dead birds. I had previously

pointed out my findings to area foremen

(including and ). 

 said he would make sure kill room

employees were checking to make sure birds were

dead before placing them with deads.

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 19

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Task

Code TaskName Status MOI Agenda

35 M5842 Tyson Foods, Inc. NPF38061

03022G

22OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized GCP MOI Day, Date and Time of Meeting: Friday

10/19/2018 from approximately 1343 to 1349 

Place Meeting Held: Est. M5842 Live Hang Room 

Persons Attending: FSIS Attendees - 

. Tyson Foods Attendees – 

 & 

. Author(s) of this Meeting Report:

. Date this Meeting Report was

Written: Saturday Monday 10/22/2018. Subject:

GCP Poultry Mistreatment MOI - Live Bird About

to Enter Scalder Background concerning this

Poultry Good Commercial Practice (GCP)

Non-Regulatory Issue: On Friday 10/19/2018

from 1255 to 1307 CST 

performed a station 1 Poultry Good Commercial

Practices (GCP) PHIS task by observing carcasses

entering the first scald tank on kill line 2 located

in the picker room at Est. M5842. At 1303 during

this check observed 1 live bird that

had no cut on its neck, was conscious, eyes open,

neck curved upward looking around, panting and

alert. removed this live bird from kill

line 2 at 1303, immediately before the bird would

have entered the first scald tank on kill line 2, and

placed this live bird on the picker room floor. The

bird stood up on the floor with its neck extended,

head up, eyes open breathing rapidly. 

then continued the station 1 check. This check

was completed at 1307 with no more live birds

observed. showed this bird to the

 at

approximately 1308 at the station 1 kill line 2

check site. Then went to the USDA

office to get more station 1 check forms then

return to the picker room to perform follow up

checks. then performed a GCP

Station 1 follow up check #1 on kill line 2 from

1319 to 1328 with no more live birds observed.

After meeting with Corry Ledbetter at the check

site at 1328 performed follow up

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 20

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Task

Code TaskName Status MOI Agenda

check #2 on kill line 1 from 1329 to 1337 and

observed no live birds. No GCP NCs or

non-regulatory concerns were observed during

these 2 follow up checks. Discussion notes for

the meeting with Plant Evisceration GPM on

Friday 10/19/2018 from 1343 to 1349 concerning

this GCP poultry mistreatment incident

 met with the establishment QA Manager

and HACCP Coordinator in the HACCP

Coordinator’s office from 1343 to 1349 on Friday

10/19/2018.  During this meeting 

described his observations concerning this

incident as outlined above. told the

establishment management personnel at this

meeting that due to the results of the 2 follow up

checks on 10/19/2018 performed from 1319 to

1337 the 1 live bird he’d observed and removed

from kill line 2 at 1303 before it entered the first

scald tank during the GCP check that day was

deemed by IPP to be an isolated incident and not

a loss of plant killing process control. Thus IPP will

issue a Poultry Mistreatment MOI in lieu of a GCP

NR concerning this incident as per guidance in

FSIS Directive 6110.1 dated 7/3/2018.

(b) (6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 21

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Task

Code TaskName Status MOI Agenda

35 M5842 Tyson Foods, Inc. NPF18091

12628G

28NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized GCP Poultry Mistreatment MOI Day, Date and

Time of Meeting: Wednesday 11/28/2018 from

approximately 0856 to 0901 Place Meeting

Held: Est. M5842 Live Hang Room Persons

Attending: FSIS Attendees - .

Tyson Foods Attendees – . 

Author(s) of this Meeting Report: . 

Date this Meeting Report was Written:

Wednesday 11/28/2018. Subject: GCP Poultry

Mistreatment MOI. Background concerning this

Poultry Good Commercial Practice (GCP)

Non-Regulatory Issue: On Wednesday

11/28/2018 from 0746 to 0802 

 performed a station 1 Poultry Good

Commercial Practices (GCP) PHIS task by

observing carcasses entering the first scald tank

on kill line 2 located in the picker room at Est.

M5842. At 0748 during this check 

observed 1 live bird that had no cut on its neck,

was conscious, eyes open, neck curved upward

looking around, panting and alert. This was a

smaller young chicken and also had a pendulous

crop. removed this live bird from kill

line 2 at 0748, immediately before the bird would

have entered the first scald tank on kill line 2, and

placed this live bird on the picker room floor. The

bird stood up on the floor with its neck extended,

head up, eyes open breathing rapidly. Plant

personnel ;

. Live Receiving

Supervisor and , shift 1 Evis. GPM

arrived on the scene at approximately 0752 and

were shown this 1 live young chicken. They then

took this live young chicken back to the live hang

room. then continued the station 1

check. This check was completed at 0802 with no

more live birds observed. then

performed a GCP Station 1 follow up check #1 on

kill line 1 from 0811 to 0820 with no more live

birds observed. After meeting with 

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 22

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Task

Code TaskName Status MOI Agenda

at the check site at 0820 performed

follow up check #2 on kill line 2 from 0821 to

0830 and observed no live birds. No GCP NCs or

non-regulatory concerns were observed during

these 2 follow up checks. Discussion notes for

the meeting with Plant management on

Wednesday 11/28/2018 from 0856 to 0901

concerning this GCP poultry mistreatment

incident: met with the 

 in his office from 0856 to

0901 on Wednesday 11/28/2018.  

had already been informed of this incident and

told he was already working on it.

During this meeting described his

observations concerning this incident as outlined

above. told that due to

the results of the 2 follow up checks on

11/28/2018 (see above) the 1 live bird he’d

observed and removed from kill line 2 at 0748

before it entered the first scald tank during the

GCP check that day was deemed by IPP to be an

isolated incident and not a loss of plant killing

process control. Thus IPP will issue a Poultry

Mistreatment MOI in lieu of a GCP NR concerning

this incident as per guidance in FSIS Directive

6110.1 dated 7/3/2018. A similar incident

occurred on 10/19/2018 when 1 uncut young

chicken was removed from kill line 2 by IPP

performing a station 1 check from 1255 to 1307

CST. Subsequent follow up checks lead IPP to

determine that this also had been an isolated

incident and not a loss of plant killing process

control.

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

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 23

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Task

Code TaskName Status MOI Agenda

35 M5842 Tyson Foods, Inc. NPF36191

20907G

07DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized ?Background concerning this Poultry Good

Commercial Practice (GCP) Non-Regulatory Issue: 

On Friday, 12/6/2018 from 1610 to 1620 CST,

 perfomed a station 1

Poultry Good Commercial Practices (GCP) PHIS

task by observing carcasses entering the first scald

tank on kill line 2 located in the picker room at

Est. M5842. At 1612 during this check 

 observed 1 live bird that had no cut

on its neck, was conscious, eyes open, neck

curved upward looking around, blinking and alert.

This was appeared to be an average sized bird

compared to the rest on the kill line at the time.

 removed this live bird from kill

line 2 at 1612, immediately before the bird would

have entered the first scald tank on kill line 2, and

carried this bird toward the live hang room. The

bird would flap its wings occasionally and kept its

neck curled upward, and its eyes were open and it

was breathing rapidly. 

 arrived on the scene at

approximately 1614 and was shown this 1 live

young chicken. He then took this live young

chicken back to the live hang room and

immediately spoke with the backup killer. 

 then continued the station 1 check.

This check was completed at 1620 with no more

live birds observed.   then met

with in the Supervisor's

bullpen to discuss the issue.  

met briefly with in his office

at approximately 1640 to notify him of the issue

and the forthcoming GCP MOI. 

then performed a GCP Station 1 follow up check

#1 on kill line 2 from 01715 to 1721 with no more

live birds observed. After break, 

performed a GCP station follow up check on kill

line 1 from 1815 to 1825 and observed no live

birds. No GCP NCs or non-regulatory concerns

were observed during these 2 follow up checks.   

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 24

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Task

Code TaskName Status MOI Agenda

Discussion notes for the meeting with Plant

management on Friday 12/7/2018 from 1838 to

1900 concerning this GCP poultry mistreatment

incident: met with the

establishment 

 was gone for the day and

 was on leave) in

the SPHV office from 1838 to 1900 on Friday,

December 7, 2018.   had already

been informed of this incident prior to his leaving

for the day.  told 

the incident had already been investigated and a

plan of action was already under way working on

it. During this meeting 

described his observations concerning this

incident again and repeated that in this incident,

the bird that was found was not undersized for

the lot. told that

due to the results of the 2 follow up checks on

12/7/2018 (see above) the 1 live bird he’d

observed and removed from kill line 2 at1612

before it entered the first scald tank during the

GCP check that day was deemed by IPP to be an

isolated incident and not a loss of plant killing

process control. Thus IPP will issue a Poultry

Mistreatment MOI in lieu of a GCP NR concerning

this incident as per guidance in FSIS Directive

6110.1 dated 7/3/2018. A similar incident

occurred on 11/28/2018 when 1 uncut young

chicken was removed from kill line 2 by IPP

performing a station 1 check from 0746 to 0802

CST. Subsequent follow up checks lead IPP to

determine that this also had been an isolated

incident and not a loss of plant killing process

control.

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 25

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Task

Code TaskName Status MOI Agenda

35 M5842 Tyson Foods, Inc. NPF04171

21817G

17DEC2018 04C05 Poultry Good

Commercial

Practices

Open GCP Poultry Mistreatment MOI Day, Date and

Time of Meeting: Monday, December 17, 2018

from approximately Place Meeting Held: Est.

M5842 Live Hang Room Persons Attending: FSIS

Attendees - . Tyson

Foods Attendees –Hunter Wray, plant manager;

; 

  Author(s) of this Meeting Report: 

 Date this Meeting Report was

Written: Monday, December 17, 2018 Subject:

GCP Poultry Mistreatment MOI. Background

concerning this Poultry Good Commercial Practice

(GCP) Non-Regulatory Issue: On Monday,

December 17, 2018 from 1448 to 1457 CST, SPHV

 performed a station 1 Poultry

Good Commercial Practices (GCP) PHIS task by

observing carcasses entering the first scald tank

on kill line 2 located in the picker room at Est.

M5842.  At 1457 during this check 

 observed 1 live bird that had no cut

on its neck, was conscious, eyes open, neck

curved upward looking around, panting and alert.

This was a slightly smaller than average for the

lot, young chicken. removed

this live bird from kill line 2 at 1457, immediately

before the bird would have entered the first scald

tank, and carried this bird toward a team member

who was cleaning the picking room

 asked the team member to get a

supervisor to the area and continued the station 1

check.  This check was completed at 1500 with no

more live birds observed.  The bird was flapping

intermittently with its neck extended, head up,

eyes open breathing rapidly. 

 arrived on the scene at

approximately 1501 and was shown this 1 live

young chicken. He then took this live young

chicken back to the live hang room.  At this time,

 informed that the

backup killer had stopped the line to cut the neck

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 26

Dist

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Task

Code TaskName Status MOI Agenda

of a bird he had missed.  found

the live bird after the line was stopped but was

unable to determine if the live bird he found was

related to the line being stopped or not

 then performed a GCP Station 1

follow up check #1 on kill line 1 from 1551 to

1601 with no more live birds observed. 

 performed follow up check #2 on kill

line 2 from 1603 to 1613 and observed no live

birds. No GCP NCs or non-regulatory concerns

were observed during these 2 follow up checks. 

Discussion notes for the meeting with Plant

management on Monday, December 17,

2018 from 1615 to 1635 concerning this GCP

poultry mistreatment incident: 

 met with the establishment

Manager Hunter Wray, , and

 in the live hang

room from 1615 to 1635 on Monday, December

17. Mr. Wray and had already

been informed of this incident and were looking

into the root cause of the issue with maintenance

team members. During this meeting 

 described his observations

concerning this incident as outlined above.

 told Mr. Wray that due to the

results of the 2 follow up checks

on Monday, December 17, 2018, (see above) the

1 live bird he’d observed and removed from kill

line 2 at 0748 before it entered the first scald tank

during the GCP check that day was deemed by IPP

to be an isolated incident and not a loss of plant

killing process control. Thus IPP will issue a

Poultry Mistreatment MOI in lieu of a GCP NR

concerning this incident as per guidance in FSIS

Directive 6110.1 dated 7/3/2018. Similar

incidents occurred on 10/19/2018, 11/28/2018,

and 12/7/2018 when 1 uncut young chicken was

removed from kill line 2 in each instance by IPP

performing a station 1 check. Subsequent follow

(b) (6)

(b) (6) (b) 

(6) (b) (6)

(b) 

(6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 27

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Task

Code TaskName Status MOI Agenda

up checks lead IPP to determine that these also

had been isolated incidents and not a loss of plant

killing process control.
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 28

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Task

Code TaskName Status MOI Agenda

35 M7100 Tyson Foods, Inc. ZHB491711

3409G

09NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On Tuesday, November 6, 2018, I arranged to

meet with the plant manager, Nick Britt, and the

, on Wednesday,

November 7, 2018 at approximately 15:30 to

document a Memorandum of Interview to discuss

the concerns that I had about the inefficient and

lengthened bleed out/exsanguination time, the

broken necks (internal decapitation) that might

contribute to less than thorough bleed out, and

the blood from the killing operation being allowed

in a larger area found during a GCP task. National

Chicken Council - GCP guidelines calls for rapid

and thorough bleed out induced by effective cut

of the automatic knife and CFR 381.65(b) requires

that slaughter be done in accordance with GCP

and that blood from the killing operation be

confined to a small area. I asked Mr. Britt how

the Slaughter HACCP plan and supporting

documentation state 

. Mr. Britt stated

that the birds could not enter the scalder while

still bleeding out; he clarified that the birds must

be thoroughly bled out. I asked how the birds

were meant to die. Mr. Britt stated that they are

supposed to die by bleeding out. I then asked how

the equipment is monitored for proper operation.

Mr. Britt stated that the operation of the

equipment is monitored through evaluation of

number of cadavers at the sorting stations and CI

stations. I asked how adjustments or corrective

actions are assessed. Mr. Britt stated that any

adjustments would be evaluated visually. I asked

why the adjustments first performed after the

finding did not produced any visible change in

results. Mr. Britt stated that he had not been

present. I asked if the results of the automatic

knife kill machine, such as I observed during the

incident, constituted a malfunction of the

equipment. Mr. Britt stated that lack of cadavers

did not indicate malfunction. I asked if all

(b) (6)

(b) (4)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 29

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Task

Code TaskName Status MOI Agenda

cadavers are recorded. Mr. Britt stated that they

were. I clarified my question by asking if carcasses

removed at the rehang station were recorded, and

if so, how, because there is not a way to record

them at the rehang station. Mr. Britt stated that

cadavers are not removed at the rehang station. I

stated that I have witnessed many removals at the

rehang station, or many reasons, cadavers

included, before the carcasses have been placed in

the round barrels kept at that location for that

very purpose. Mr. Britt stated that training

material states that if a cadaver is removed at

rehang, the personnel are to notify a supervisor. I

replied that I have never witnessed this occur

when cadavers have been removed while I was

observing. Mr. Britt stated that only one cadaver

was documented that night. I asked if the rehang

plant condemned/sorted barrels had been

checked for cadavers. He stated that no cadavers

should be removed at that location and the

records (of only one cadaver) did not indicate

equipment malfunction. I stated that historically

rapid exsanguination and death by hypovolemia

occurs before the first head puller and asked if the

kill machine was functioning properly during the

incident. Mr. Britt stated that the kill machine

could have been making a better cut, but that the

birds were bleeding out and not becoming

cadavers. I asked if the birds should be bleeding

out rapidly in the blood tunnel rather than after

the first head puller. Mr. Britt stated that the

bleeding out process starts at the kill machine and

continues into the scalders and pickers and

beyond. I reminded him that there is a difference

between rapid bleed out/exsanguination that

leads to hypovolemic death, and slow, continued

draining (pooling) of blood from a hanging

carcass. Mr. Britt stated that birds need to be bled

out and dead before entering the scalder so that

they would not be a cadaver. I stated that there
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 30

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Task

Code TaskName Status MOI Agenda

would be no visual difference between a carcass

produced from a bird entering the scalder while

breathing and one the had had its neck broken

manually before entering the scalder—both

would be visual cadavers because they had not

bled out prior to entering the scalders. However,

birds bled out because their heads were pulled off

do not appear any different than those that bleed

out through a cut, but they do not meet the NCC

GCP guideline. So are there any routine checks to

ensure the equipment is operating properly other

than checking for cadavers, other than USDA

reporting something wrong with the equipment

to the supervisors? Mr. Britt stated that the lack

of multiple cadavers did not indicate a need for

equipment adjustment. NOTE: Establishment

expressed a disagreement with the MOI.
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 31

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Task

Code TaskName Status MOI Agenda

80 M737 House of Raeford - Wallace Div DHA04091

01025G

25OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Cowan Johnson, Plant Manager, P-737 House

of Raeford Teachey, NC 28464: This MOI is being

issued to document the observation of a live bird

entering the scalder on 10/24/18. At

approximately 0929 while performing Good

Commercial Practice task, I observed a live bird

entering the scalder. The bird at the time of my 

observation the bird had normal rhythmic

breathing, controlled head movement and eyes

blinking. After further observations there was no

evidence showing that the bird's neck had been

cut after going through the stunner. I immediately

stopped the line when the bird mentioned had

reached the e-stop button which is located at the 

entrance of the scalder. Mr. Cowan Johnson, Plant

Manager, was in the picking department at the

time of my findings and removed the live bird

from the line and took it back to live hang to be

rehung. Also during the time that the line was

stopped, I noticed two more live birds on the line

that Mr. Johnson removed one of them himself 

and an employee removed the other with the

assistance of a ladder. My findings were

confirmed by Mr. Cowan Johnson after the three

mentioned birds had been removed from the line

that two of the birds had not been cut and the

third bird had a cut but not sufficient enough for

it to have been considered slaughtered. Mr.

Johnson notified maintenance who determined

that the kill blade was not functioning properly

and adjusted the kill blade. Mr. Johnson was

notified of the establishments failure to comply

with 9 CFR 381.65 (b). "Poultry must be

slaughtered in accordance with good commercial

practices in a manner that will result in thorough

bleeding of the carcasses and ensure that

breathing has stopped prior to scalding". If you

have any questions please review PPIA (21

U.S.C.453(g)(5)), and 9 CFR 381.90, provide that 

poultry carcasses showing evidence of having died
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 32

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Task

Code TaskName Status MOI Agenda

from causes other that slaughter are considered

adulterated and must be condemned. Mr.

Johnson this MOI will be forwarded to the District

Office and the District Veterinary Medical

Specialist in case additional follow-up is

recommended. If you have any questions or

concerns regarding the above, please feel free to

contact , or 

. Respectfully, 

 P737

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 33

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Task

Code TaskName Status MOI Agenda

80 M737 House of Raeford - Wallace Div DHA53061

14314G

14NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Cowan Johnson, Plant Manager, P-737 House

of Raeford Teachey, NC 28464: This MOI is being

issued to document the observation of a live bird

in the DOA bin and the observation of multiple

live birds in a pile of DOA's on the floor next to

the live hang table for line 2 on 11/14/18.  At

approximately 0520 while showing 

, where the live hang

department was located, we observed numerous

DOA's on the floor with live birds also on the

floor.  We proceeded to check the DOA bin

outside of the live hang room and observed a

employee placing DOA's in the bin and observed a

live bird in the bottom of the DOA bin with

denaturant on it.  We notified the employee to

remove the live bird from the DOA bin and place it

on the ground until it can be properly slaughtered

and disposed of.  observed the plant

employee appropriately cull the live bird that was

placed in the DOA bin.  We went back in the live

hang room and observed live hang employees

continue to take DOA's off the live hang belt with

some still alive.  While standing there observing a

couple of employees picking up the DOA's and

placing them in red condemn barrels, we

observed them places live birds in the barrels as

well. At 0525 I immediately asked that the live

hang employees on that line stop hanging that

line and called for a supervisor

, was called and

was made aware of our findings and supervised

the employees on removing the DOA's and sorting

out any that were found alive.   

, stated that she was going to

place a few extra employees in live hang to make

sure the DOA's don't pile up and properly sort the

live ones out.  At 0533 the hanging of live birds

continued and the employees continued to

remove DOA's from the live hang belt and were

being placed into red condemn barrels for

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 34

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Code TaskName Status MOI Agenda

approximately 3 minutes and then we noticed

that the number of DOA's had subsided.  These

birds could have died by means other than 

slaughter therefore not being in compliance with

9 CFR 381.65 (b).  If you have and questions

please review PPIA (21 U.S.C. 453 (g)(5)), and 9

CFR 381.90, provide that poultry carcasses

showing evidence of having died from causes

other than slaughter are considered adulterated

and must be condemned.  Mr. Johnson this MOI

will be forwarded to the District Office and the

District Veterinary Medical Specialist in case

additional follow-up is recommended.  If you have

any questions or concerns regarding the above,

please feel free to contact ,

,or 

. Respectfully, 

 P-737

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 35

Dist

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Task

Code TaskName Status MOI Agenda

80 M737 House of Raeford - Wallace Div DHA39081

14926G

26NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Cowan Johnson, Plant Manager, P-737 House

of Raeford Teachey, NC 28464: This MOI is being

issued to document the observation of a live bird

entering the scalder on 11/26/18. At

approximately 0723 while performing Good

Commercial Practice task, I observed a live bird

entering the scalder. The bird at the time of my

observation the bird had normal rhythmic

breathing, controlled head movement and eyes

blinking. After further observations there was no

evidence showing that the bird's neck had been

cut after going through the stunner. I immediately

stopped the line when the bird mentioned had

reached the e-stop button which is located at the

entrance of the scalder. I then notified

, of my findings

and then removed the live bird from the line and

took it back to live hang to be rehung. He then

notified ,

and she was also notified of my findings as well.

, was

notified that this bird could have died by means

other than slaughter therefore not-being in

compliance with 9 CFR 381.65 (b)."Poultry must

be slaughtered in accordance with good

commercial practices in a manner that will result

in thorough bleeding of the carcasses and ensure

that breathing has stopped prior to scalding". If

you have any questions please review PPIA (21

U.S.C.453(g)(5)), and 9 CFR 381.90, provide that

poultry carcasses showing evidence of having died

from causes other that slaughter are considered

adulterated and must be condemned. Mr.

Johnson this MOI will be forwarded to the District

Office and the District Veterinary Medical

Specialist in case additional follow-up is

recommended. If you have any questions or

concerns regarding the above, please feel free to

contact , or 

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 36

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

. Respectfully, 

(b) (6)

 P737

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 37

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

80 M737 House of Raeford - Wallace Div DHA53091

15430G

30NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Cowan Johnson, Plant Manager, P-737 House

of Raeford Teachey, NC 28464: This MOI is being

issued to document the observation of a live bird

entering the scalder on 11/30/18. At

approximately 0956 while performing  a review of

the establishments flow chart and comparing it to

the production process, I observed a live bird

entering the scalder. The bird at the time of my

observation had normal rhythmic breathing,

controlled head movement and eyes blinking.

After further observations there was no evidence

showing that the bird's neck had been cut after

going through the stunner. I immediately stopped

the line when the bird mentioned had reached the

e-stop button which is located at the entrance of

the scalder. I then notified 

, of my findings who then

removed the live bird from the line to be taken

back to live hang to be rehung.   While the line

was stopped for the 1 live bird, another live bird

was found approximately 15 birds back and it was

removed as well to be taken to live hang to be

rehung.  At that time, 

, arrived and was notified of

my findings as well. 

 was notified that this birds

could have died by means other than slaughter

therefore not-being in compliance with 9 CFR

381.65 (b)."Poultry must be slaughtered in

accordance with good commercial practices in a

manner that will result in thorough bleeding of

the carcasses and ensure that breathing has

stopped prior to scalding". If you have any

questions please review PPIA (21 U.S.C.453(g)(5)),

and 9 CFR 381.90, provide that poultry carcasses

showing evidence of having died from causes

other that slaughter are considered adulterated

and must be condemned. Mr. Johnson this MOI

will be forwarded to the District Office and the

District Veterinary Medical Specialist in case

(b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 38

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

additional follow-up is recommended. If you have

any questions or concerns regarding the above,

please feel free to contact , or

. 

Respectfully, 

(b) (6)

 P737

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 39

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

15 M751 Pitman Farms Inc. (Moroni Turkey

Processing)

MMK0709

123418G

18DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Memorandum of Interview on Good

Commercial Practices as Discussed in the

weekly meeting on 12/13/18 Pitman

Farms/Norbest Turkey / Est# P1049 Meeting

Time: Friday, December 13, 2018 at 0900 

Attendees: USDA                                                    

                                     

, 

, Plant Manager Brandon Nordell,

, 

,

,

 This

Memorandum of Interview is to record the Good

Commercial Practice Concerns discussed during

the weekly meeting with establishment

management on December 13th, 2018. At the

weekly meeting with establishment management

I described concerns involving Good Commercial

Practices that I had observed in the previous

week.  These included the following.  On

12/7/18, I observed that Trailer 80 had a bowed

bottom on one of the lower cages, on the right

side, to the extent that the door on the cage

underneath doesn't fully close.  On 12/10/18, I

observed a tom turkey fall off the highest point of

the shackle line in the hanging bay and hit the

concrete floor below.  He was still alive after the

fall, and eventually was recaught and rehung.  

On 12/11/18, during my ante-mortem

examination, I observed that Trailer 80 had a

turkey hen with a severe open bleeding fracture of

the right carpus (wing).  I also observed that

Trailer 95 had a turkey tom with his head stuck

under the door of the cage he was in.  His wing

was freshly bloody, possibly from struggling, and

he was dead.  On 12/12/18, during

ante-mortem inspection, I observed that quite a

few birds had bloody wing tip injuries and bloody

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

(b) (6)

(b) (6)

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 40

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

skin lacerations (Trailers 99, 96, 85, 74, and 91). 

During the establishment meeting on 12/13/18, I

asked the establishment to make sure the catch

crew was catching the birds by their legs and not

grabbing and lifting them by their wings and

feathers.  said the establishment had

just brought an autoloader up from California that

they have started using, so they don’t handle the

birds when they are catching them.  I asked if they

could look into it to see if there is anything that

can be done to reduce the injuries I am starting to

see on the birds. This memorandum serves to

document my findings on Good Commercial

Practices and what was discussed.  A copy of this

Memorandum of Interview will be provided to

establishment management, and the signed

original will be placed in the USDA files. 

60 M9977 Tyson Foods Inc. YBL550911

5814G

14NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 11/14/2018 at approximately 1046 hours I

was observing operations in the live hang room of

establishment P1325, Tyson Foods, Inc.  I

observed two live, weak young chickens in the

establishment’s designated dead-on-arrival (DOA)

cart that contained approximately five DOA

chickens.  I immediately showed

 my findings,

who removed the chickens from the cart and

immediately euthanized them in my presence.  I

reminded him that Agency regulations require live

poultry to be handled in a manner that is

consistent with good commercial practices (GCPs)

and that they not die from causes other than

slaughter.  Live chickens in the DOA cart can die

from suffocation, which is then considered

adulterated product. Respectfully,

(b) (6)

(b

) 

(6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 41

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG050810

3905G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An old breeder turkey

(hen) was observed to be breathing and raising it's

head on the production line just before the scald

tank. stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the bird from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. went

immediately to the office and discussed the

finding with  ..  I explained that this

issue continues to occur. The last one ten days

ago (09/26/2018). I explained that public

perception of this could lead to problems for the

plant and further corrective actions need to be

implemented. Who stated he would take

immediate corrective measures which included

reviewing findings with plant personnel.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 42

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG130810

0424G

24OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An old breeder turkey

(hen) was observed to be breathing and raising

it's head on the production line just before the

scald tank. stopped the line and

alerted Plant personnel of the finding, Plant

personnel removed the bird from the line. An

establishment employee, rehung the bird prior to 

the stunner. The line was then restarted

 went immediately to the office and

discussed the finding with .. I explained

that this issue continues to occur. The last

one nineteen days ago (10/05/2018). I explained

that public perception of this could lead to

problems for the plant and further corrective

actions need to be implemented. Who stated he

would take immediate corrective measures which 

included reviewing findings with plant personnel.

He also stated he was going to increase the

stunner.

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

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 43

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG010810

0231G

31OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An young turkey (hen)

was observed to be breathing and raising it's

head on the production line just before the scald

tank. stopped the line and alerted

Plant personnel of the finding, Plant personnel 

removed the bird from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. went

immediately to the office and discussed the

finding with .. I explained that this issue

continues to occur. The last one a seven days ago

(10/24/2018). I explained that public perception

of this could lead to problems for the plant and

further corrective actions need to be

implemented. He stated he would take

immediate corrective measures which included

reviewing findings with plant personnel. He also

stated he had increase the stunner power level. I

again stressed that it is not a condition that the

birds are not cut but that only one carotid is cut

and the birds are regaining consciousness without

bleeding out.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 44

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG120811

1701G

01NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An old breeder turkey

(hen) was observed to be breathing and raising it's

head on the production line just before the scald

tank. stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the bird from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. went

immediately to the office and discussed the

finding with , and  .. I

explained that this issue continues to occur. The

last one was yesterday (10/31/2018). I explained

that their corrective actions are not rectifying the

problem. Additional measures need to be

implemented. Who stated he would take

immediate corrective measures which included

reviewing findings with plant personnel. 

 stated that he was going to replace the Killer

because past instruction has not been successful.

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 45

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG390811

3602G

02NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An young turkey (hen)

was observed to be breathing and raising it's head

on the production line just before the scald tank.

 stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the bird from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. This occurred six

times in less than a 15 minute period. 

went immediately to the office and discussed the

finding with  .. I explained that this

issue continues to occur. The last one was just

yesterday and the day before. I explained that

public perception of this could lead to problems

for the plant and further corrective actions need

to be implemented. He stated he would take

immediate corrective measures which included

reviewing findings with plant personnel. I again

stressed that it is not a condition that the birds

are not cut but that only one carotid is cut and

the birds are regaining consciousness without

bleeding out. I discussed these findings with 

 informing her of my

observations.

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 46

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG080811

1929G

29NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An Old Breeder turkey

(Tom) was observed to be breathing and raising

it's head on the production line just before the

scald tank. stopped the line and alerted

Plant personnel of the finding, Plant personnel

removed the bird from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. went

immediately to the office and discussed the

finding with .. I explained that this issue

continues to occur. The last one a twenty-seven

days ago (11/02/2018) while this is an

improvement. I explained that public perception

of this could lead to problems for the plant and

further corrective actions need to be

implemented. He stated he would take immediate

corrective measures which included reviewing

findings with plant personnel. I again stressed that

it is not a condition that the birds are not cut but

that only one carotid is cut and the birds are

regaining consciousness without bleeding out.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 47

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG230811

0430G

30NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0854

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. Six breeder turkeys (Hens)

out of a sixty bird sample were observed to be

breathing and raising their heads while on the

production line just before the scald tank

 stopped the line each time and alerted

Plant personnel of the finding, Plant personnel

removed the birds from the line. An establishment

employee, rehung the birds prior to the stunner.

The line was then restarted. went

immediately after the sixty bird set to the office

and discussed the finding with .. I

explained that this issue continues to occur. The

last one was yesterday (11/29/2018). I explained

that public perception of this could lead to

problems for the plant and further corrective

actions need to be implemented. He stated that

the usual plant employee had been pulled from

the line for an emergency telephone call. I voiced

my concern that a replacement employee needs

to be adequately trained prior to be given this

assignment. It is only prudent to have multiple

personnel trained for this position. He stated he

would take immediate corrective measures which

included reviewing findings with plant personnel. I

again stressed that it is not a condition that the

birds are not cut but that only one carotid is cut

and the birds are regaining consciousness without

bleeding out.

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 48

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG360812

0512G

12DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0854

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. Three breeder turkeys

(Hens), in a row, out of a sixty bird sample were

observed to be breathing and raising their heads

while on the production line just before the scald

tank. stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the birds from the line. An establishment

employee, then rehung the birds prior to the

stunner. The line was then restarted. 

went immediately after the sixty bird set to the

office and discussed the finding with  ..

I explained that this issue continues to occur. The

last one was twelve days ago (11/30/2018). I

explained that public perception of this could

lead to problems for the plant and further

corrective actions need to be implemented. She

stated she would take immediate corrective

measures which included reviewing findings with

plant personnel. I again stressed that it is not a

condition that the birds are not cut but that only

one carotid is cut and the birds are regaining

consciousness without bleeding out.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 49

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG090812

4113G

13DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. An young turkey (hen)

was observed to be breathing and raising it's head

on the production line just before the scald tank.

 stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the bird from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted.  went

immediately to the office and discussed the

finding with  .. I explained that this issue

continues to occur. The last one was just

yesterday. I explained that public perception of

this could lead to problems for the plant and

further corrective actions need to be

implemented. He stated he would take immediate

corrective measures which included reviewing

findings with plant personnel. I again stressed that

it is not a condition that the birds are not cut but

that only one carotid is cut and the birds are

regaining consciousness without bleeding out.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 50

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG270812

0420G

20DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. Two old breeder turkeys

(hen) was observed to be breathing and raising it's

head on the production line just before the scald

tank. stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the birds from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. went

immediately to the office and discussed the

finding with .. I explained that this issue

continues to occur. The last one occurred one

week ago (12/23/2018). I explained that public

perception of this could lead to problems for the

plant and further corrective actions need to be

implemented. He stated he would take immediate

corrective measures which included reviewing

findings with plant personnel. I again stressed that

it is not a condition that the birds are not cut but

that only one carotid is cut and the birds are

regaining consciousness without bleeding out.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 51

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1209 Whitewater Processing Co. FFG130812

1828G

28DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P1209 Whitewater Processing Co. At 0856

hours while observing birds entering the scald

tank as part of a routine GCP task, 

observed the following. One old breeder turkey

(hen) was observed to be breathing and raising it's

head on the production line just before the scald

tank. stopped the line and alerted Plant

personnel of the finding, Plant personnel removed

the birds from the line. An establishment

employee, rehung the bird prior to the stunner.

The line was then restarted. went

immediately to the office and discussed the

finding with .. I explained that this issue

continues to occur. The last one occurred eight

days ago (12/20/2018) but this is only the third

day of slaughter operations since that occurrence.

I explained that public perception of this could

lead to problems for the plant and further

corrective actions need to be implemented. He

stated he would take immediate corrective

measures which included reviewing findings with

plant personnel. I again stressed that it is not a

condition that the birds are not cut but that only

one carotid is cut and the birds are regaining

consciousness without bleeding out.

(b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 52

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

50 P1241 Tyson Foods, Inc. MGJ00201

20304G

04DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Poultry Mistreatment MOI December 4, 2018 

Establishment 1241-P, Tyson Foods, Inc,

December 4, 2018, 8:20pm.  In attendance

; 

 At approximately 2015 hours

while performing a Poultry Good Commercial

Practices task at the live hang table, I observed

approximately 75 dead chickens in a pile on the

floor at the end of the live hang belt.  I began

moving some of the dead chickens around to

make sure no live chickens were in the pile.  As I

was looking through the pile of dead chickens, an

establishment employee came from the live hang

belt and began to look through the pile of

chickens himself.  As I observed the employee

look through the pile of chickens, I observed him

pull two live chickens out of the pile.  Both of

these chickens had been completely covered up

by the dead chickens.  The establishment

employee euthanized one of the chickens by

cervical dislocation and he hung the other chicken

on the kill line. I immediately notified 

, of my finding and of the

impending MOI.  I reminded that good

commercial practices must be followed when

handling live poultry and that they must not die

from causes other than slaughter.  

verbally counseled the supervisor who was

working in the live hang area about the

importance of following good commercial

practices for live poultry. 

, Est. 1241-P Corydon, IN

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

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 53

Dist

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Task

Code TaskName Status MOI Agenda

50 P1241 Tyson Foods, Inc. MGJ57191

25704G

04DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Poultry Mistreatment MOI December 4, 2018 

Establishment 1241-P, Tyson Foods, Inc,

December 4, 2018, 4:00pm.  In attendance: 

; 

; Vince Lucas, Tyson

Complex Manager; 

 At approximately 1525 hours while

performing a Poultry Good Commercial Practices

task at a point just before where the chickens

enter the scalding tank, 

, and I observed a live chicken

enter the scalding tank while still breathing.  The

chicken had a visible knife cut on its neck and it

was bleeding from that cut, but the chicken was

still breathing and exhibiting voluntary movement

of the head and neck as it entered the scalding

tank.  This finding indicated that the knife cut was

insufficient to render the chicken unconscious and

completely bled out prior to entering the scalding

tank. Upon further observation at a point just

after the back-up killer employee, I observed a

chicken go past the back-up killer with no knife

cut on the neck.  I then immediately pointed out

the chicken to , who

was standing near me.  immediately

ordered that the kill line be stopped and then he

removed the chicken from the kill line.  There are

no other establishment employees stationed

along the kill line after the back-up killer and

before the chickens enter the scalding tank.  If I

had not pointed out the chicken without the cut

to , that chicken would have entered the

scalding tank while still breathing.  

replaced the back-up killer employee, placed a

supervisor in the area to monitor the stunning and

killing process, and requested that members of

the maintenance team make adjustments to the

kill machine. and I met with Vince

Lucas, Complex Manager, and at

approximately 4:00 pm to discuss the findings.  I

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 54

Dist

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Task

Code TaskName Status MOI Agenda

reminded both of these individuals that 9CFR

381.65(b) requires that poultry must be

slaughtered in accordance with good commercial

practices in a manner that will result in thorough

bleeding of the carcasses and ensure that

breathing has stopped prior to scalding

 assured and me that he and other

members of management would thoroughly

investigate this issue and take measures to

prevent its reoccurrence. 

 Est. 1241-P Corydon, IN

85 P1272 Pilgrim's Pride Corporation CCA141710

2905G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P-01272,Pilgrim’s Pride, October 5, 2018,

1435 hours. In attendance: 

, ,

, On

October 5, 2018 I, , was

called to Line 2 Station 1 by 

 informing me of a cadaver bird at her

station. At 1435 hours I examined the bird and

observed that the neck of the bird was not cut.

The bird did not have viscera. The head, neck and

upper breast were vibrant red and swollen with

blood. In conclusion this bird was uncut and alive

when it entered into the scalder. Live 

 and 

 were notified of the findings and

forthcoming MOI. I reminded and 

 that the PPIA and Agency regulations

require that live poultry be handled in a manner

that is consistent with good commercial practices

and that they not die from causes other than

slaughter. I also notified them that this MOI will

be forwarded to the District Office and the District

Veterinary Medical Specialist (DVMS) in case

additional follow-up is recommended. 

Respectfully, Pilgrim’s

Pride.

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 55

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

85 P1272 Pilgrim's Pride Corporation CCA351810

0426G

26OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P-01272,Pilgrim’s Pride, October 23, 2018,

1634 hours. In attendance: 

, ,

, On

October 23, 2018 I, , was

called to Line 1 Station 3 by

informing me of a cadaver bird at her

station. At 1634 hours I examined the bird and

observed that the neck of the bird was not cut.

The bird did not have viscera. The head, neck and

upper breast were vibrant red and swollen with

blood. In conclusion this bird was uncut and alive

when it entered into the scalder. Live Receiving

 and 

 were notified of the findings and

forthcoming MOI. I reminded and 

 that the PPIA and Agency regulations

require that live poultry be handled in a manner

that is consistent with good commercial practices

and that they not die from causes other than

slaughter. I also notified them that this MOI will

be forwarded to the District Office and the District

Veterinary Medical Specialist (DVMS) in case

additional follow-up is recommended. 

Respectfully, Pilgrim’s

Pride.

(b) (6)

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

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)
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90 P1307 Mar-Jac Poultry-AL KIL371110

3630G

30OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 10:25 on October 30, 2018, I

observed less than Good Commercial Practices

(GCP) while performing

Antemortem/GCP/Mishandling verification at

Mar-Jac Poultry in Jasper, AL.  I observed three

live chickens on the ground under a trailer parked

next to the live holding sheds.  As I performed

further observation, I saw that there was a dead,

mutilated chicken on the ground in one of the

holding shed bays.  The dead chicken appeared to

have been run over by a vehicle, with the legs and

wings dismembered, the body flattened, and the

internal organs were on the ground, lying in a

pool of fresh blood.  I notified 1st Processing

 of this finding,

and informed him that this is not in keeping with

good commercial practices. Corrective and

preventive measures addressing this incident are

appropriate.  I look forward to your response 

Federal Register Notice Docket No. 04-37N dated

September 28, 2005, "Treatment of Live Poultry

Before Slaughter" states that under the Poultry

Products Inspections Act (PPIA) and Agency

Regulations, all establishments engaged in the

slaughter of poultry to make every effort to treat

poultry humanely and abide by Good Commercial

Practices. cc: 

 Dr. Gregory

Brookhouser, Deputy District Manager

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

(b) (6)
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35 P1315 Tyson Foods, Inc. ZCB261011

1505G

05NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On November 01, 2018 at 1700 hours, it was

brought to attention that the Picking

Room Shackle Line 1 was down. The causation for

line stoppage was deemed due to a drive motor

failure within the picking room. Further

investigation into the matter revealed 30

deceased chickens remained present within the

line one stun trough. The method of death for this

population of chickens was a combination of

drowning and/or electrocution. The appropriate

usage of the stun troughs incapacitates live

chickens as they pass through the brine water to

facilitate better processing through the kill

machines for adequate exsanguination to remain

compliant with 9 CFR 381.65(b).   

 had already manually

performed neck-cutting on chickens hanging from

the point just beyond the stun trough up to the

kill machine for proper slaughter processing and

humane handling.  and

 then at the request of 

removed three live chickens from the entry point

into the line one stun trough to prevent

exhaustion of these birds attempting to prevent

contact with the water column of the trough.   

 inquired why the 30 chickens within

the stun trough were not removed when the line

stoppage first occurred. 

reported that there is no way to shut off the

electricity to the stun troughs without following

the LOTO procedures. The only way to isolate the

energy source was turning off the breaker(s)

associated with the stun troughs in the 480 room

outside of the picking room. The time duration

required to perform energy isolation via LOTO

procedures would not change the outcome of

death for the chickens within the stun troughs at

the time of breakdown, as they could not be

removed in a timely manner to prevent drowning.

  The establishment supervision acted in the best

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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manner possible to prevent suffering of chickens

outside the stun troughs during this mechanical

breakdown. However, due to the inability to

safely remove any chickens within the confines of

the stun trough during mechanical breakdowns

leads to death by means other than slaughter.

This does not align with good commercial

practices.

90 P1353 Pilgrims Pride Corporation WUM4300

115130G

30NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 11/29/2018 at approximately 0113 hours,

while performing a Good Commercial Practice

Check at establishment 01353P, one young

chicken out of a subset of 500 was observed with

an uplifted head, pupillary reflexes, rhythmic

breathing and no cut to the neck entering the

scald tank. This incident was verified at the exit of

the first picker. The carcass was brick red in

appearance with a purple, uncut neck. The

incident appeared to be isolated and no evidence

of a system failure existed. To confirm, a second

verification check of approximately 500 birds was

conducted prior to the scald tanks and there were

no live birds observed entering the scald tanks

during this retest. 

 was notified. I explained my observations

and informed him that a Memorandum of

Interview (MOI) was going to be documented and

a copy forwarded to the appropriate personnel in

the Jackson District Office. Live bird(s) entering

the scald system is a less than Good Commercial

Practices and results in adulterated product. As

per Federal Register Notice Docket No. 04-037N

dated September 28, 2005, “Treatment of Live

Poultry before Slaughter,” the Food Safety

Inspection Service (FSIS) strongly encourages all

establishments engaged in the slaughter of

poultry to make every effort to abide by the Good

Commercial Practices (GCPs) as described by

industry guidelines.    Respectfully submitted, 

 Cc: 

; 

(b) (6)

(b) (6)

(b) (6)

(b) (6)
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80 P146 Tyson Foods, Inc, EJJ420411

1709G

09NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 0515 hours while performing

Good Commercial Practices (GCPs), I walked near

the re-hanging table and noticed a carcass on the

kill line with its head still attached. The carcass

transferred over to the evisceration line and I

asked one of the associates to remove the carcass

from line one. The carcass seemed to be cadavers

because the neck and head was engorged with

blood and no laceration to the neck. I notified the

 and he

condemned the carcasses. According to 9 CFR

381.65(b), Poultry must be slaughtered in

accordance with good commercial practices in a

manner that will result in thorough bleeding of

the carcass and ensure that breathing has stopped

prior to scalding. Blood from the killing operation

must be confined to a relatively small area. The

establishment is required to comply with FSIS

regulations for good commercial practices to

ensure no carcass enters the scalders breathing.

Failure to comply with FSIS regulations will result

in further regulatory control actions.

(b) (6)
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40 P165H OK Foods, Inc. DAF47101

01130G

30OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 1004 on 10/30/18, while

performing a good commercial practice check, I

) observed a sensible bird (eyes open,

head tucked) proceeding down the line and into

the line 2 scalder.  

 was notified of my observation.

  removed the cadaver from the line

past the pickers, and examined it.  I observed that

that the bird was smaller than the average size for

the lot and there was no cut on the neck of the

bird.  However, there was a small superficial cut

on the back of the head.  Shortly thereafter, I

performed a recheck and observed zero sensible

birds prior to the scalder.  This finding was

discussed with

 at approximately 1218.    

otified me that the

employees (back-up killer and head puller) would

be retrained.  Additionally, the plant plans to

rotate the head puller employees at every break. 

Similar findings of a sensible bird observed prior

to the scalder were observed on 9-6-18, 8-6-18

and 6-29-18.

(b) (6)

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

(6) (b) (6)
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40 P165H OK Foods, Inc. DAF50041

13814G

14NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 0140 hours, while performing

ante mortem inspection on Lot 6, trailer 2030, I

noticed a live chicken on the ground next to the

trailer. As I began looking at the cages, I observed

3-4 chickens lying between the first and second

row of cages. The chicken closest to the edge was

dead and in full rigor, which would indicate that

this bird had been dead at least 30 minutes. I then

noticed that the bottom door of the left side of

the bottom cage had a door wide open. There

were 2-3 live chickens sitting on top of the door. I

immediately went to locate back dock 

. I requested that he radio

 and have him meet

us in the live shed area. I showed 

and the live chicken on the ground as

well as the chickens that were lying between the

first and second row of cages. went

to locate the live side employee that was

supposed to be checking the cages in the live

shed. picked up the live chicken

from the ground and placed it inside a cage. He

then went to retrieve a hook to be able to reach

the chickens that were lying between the cages.

There were a total of 5 chickens lying between the

cages with 3 of those birds having died there. The

door was then closed on the cage and did not

appear to be broken. I informed that

a MOI would be written due to the fact that open

doors on cages, chickens getting caught in doors,

and chickens getting injured during transport

seems to be a recurring problem. These issues

have been discussed with the establishment

through MOIs and Weekly Exit Meeting MOIs on

5-11-18, 5-15-18, 7-31-18, and 9-18-18. On

9/18/2018, a MOI was issued for a chicken having

the door shut on its head which resulted in the

death of the chicken due to the skull being

crushed. The establishment responded to that

MOI with the following statement: “In an effort

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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to prevent further incidents all OK FOODS

employees and representatives responsible have

been retrained in proper animal welfare practices.

Including the driver, yard personnel, and both

catch crews. Holding Shed Inspections – Live haul

and/or plant personnel are responsible for routine

shed inspections. Available employees will

periodically walk through the holding area to look

for chickens that may be out of the cages. Any

chickens found on the ground or on the trailers

will be returned to the cages. All trailers will be

inspected for any open doors and all open doors

will be closed. Inspections will be done every

thirty minutes and will be logged. ALL DRIVERS!!!

All cages must be inspected before leaving the

farm and again before leaving the fuel bay. Look

for any open doors or birds with legs heads or

wings protruding outside the cages. Any problems

must be fix immediately, please!!!” I asked

 when the trailer arrived at the plant. He

informed me that this trailer was sent back to the

farm yesterday due to the break down at the

plant. The trailer had already been weighed in and

therefore was not reweighed today. Therefore

when the trailer arrived, it went straight to the

live shed area and no time was documented when

it actually arrived. The designated employee

responsible for checking the live shed had logged

in 0125 hours as the trailer being acceptable.

Since the chickens that were dead between the

two rows of cages were in full rigor at 0140 hours,

it is highly likely that they would have been lying

between the two rows of cages at 0125 hours as

well. USDAs concerns are that the programs that

the establishment and live side have in place are

not being implemented as they are written as

seen by today’s incident. USDA encourages the

establishment to respond to this MOI.

(b) (6)
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40 P165H OK Foods, Inc. DAF54091

13917G

17NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 0615 on Saturday 11-17-18,

while performing a good commercial practice

examination, I observed the following

incident.  A single bird fell from a cage onto the

catwalk as the cage was being transferred laterally

by the drag chains.  The cage dumper employee

picked up the bird off the catwalk with one hand

and pitched it side arm style through the bottom

opening of the cage dumper.  At approximately

0630 I met with 

 and 

and notified them of my

observation.  informed me that she

would provide additional training to this

employee.

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

(b) (6)

(b) (6)
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40 P165H OK Foods, Inc. DAF43211

14629G

29NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 11-29-2018, at approximately 2045 hours,

while performing a Good Commercial Practices

task just prior to the scald tanks, I 

 observed a sensible bird (eyes open,

head tucked) on Line 1 come by me that had no

markings on its neck that the throat had been cut.

There was no one between me and scald tank that

could see the bird, so it is reasonably likely to

assume that this bird would enter the scald tank

alive. I immediately stopped the line and

motioned for the lead. I informed the lead that

there was a live alert bird on the line a few feet

away from entering the scald tank. The lead

retrieved a ladder, located the bird, and removed

the bird from the line. This bird was smaller than

average size for the lot. I performed a recheck and

observed zero sensible birds prior to the scald

tanks. I discussed my findings with 

 and 

. 

informed me that the employees on this line

would be disciplined for their failure to allow this

bird to go down the line sensible. Similar findings

of a sensible bird observed prior to the scald tanks

were observed on 10-30-18, 9-6-18, 8-6-18, and

6-29-18.

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

(b) (6)
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40 P165H OK Foods, Inc. DAF05091

25817G

17DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 0638 on Monday, December 17,

2018 while performing a good commercial

practice check in the live hang room I observed an

employee using an improper live hanging

technique.  I observed the employee use a rapid

wrist motion to propel the chicken through the air

a few inches and into the leg loops of the moving

shackle.  The normal hanging technique involves

guiding the chicken’s legs into the leg loops and

then releasing the bird once it has reached the

bottom of the shackle.  I observed the employee

perform the above described improper hanging

technique twice in succession.  After the second

time, he turned his head, noticed my presence

and began hanging chicken using the proper

hanging technique.  I immediately discussed this

with 

  A few minutes later, I notified 

 of my

observation.  explained that the

employee will be retained on proper hanging

techniques and receive disciplinary action

according to OK Foods policy.

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

(b) (6)
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35 P165S OK Foods, Inc. LWA03081

10623G

23NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized This MOI is to document the conversation that I

had with both  , and 

.  While performing the

Good Commercial Practices task, at approximately

0536 hours, I observed a live birds on line #1

entering the scalder. There was  no e-stop  to stop

the line in the area. After finding by the

Rehang area in the Evisceration department, I

notified him of my observance. While talking to

 I observed several cadaver carcasses on

the line. said that he would "take care of

it."  (At this point I counted 13 cadaver carcasses

were removed) At approximately 0538 hours, I

observed cutting necks between the

blood tunnel and the scalders. I observed a live

bird go by him. I asked how he could

stop the line to get it. He said that he couldn't

stop it back there. I told him the kill line needed

to be stopped because I could not allow the

establishment to keep allowing live birds to enter

the scalders. went to stop the kill line. 

As I entered the Evisceration department again, I

observed more cadaver carcasses at line #1

rehang area. I immediately stopped the

Evisceration line. Upon entering the kill room to

notify , who was in the back-up kill

position on line #1, I observed the kill line was 

running. I notified that the line

needed to be stopped. stopped the

line. I asked what was being done to

ensure live birds were not entering the scalders.

 stated that he was trying to find

somebody to fill the position. Upon the arrival of

an employee, stated that he would

ensure that no live birds entered the scalders.  

After observing 3 persons between the blood

tunnel and the scalders on line #1  in place to

back -up kill, I released the line for production at

approximately 0544 hours. The process appeared

to be back in control. I observed 12 more cadaver

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 67

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carcasses at rehang, and more were being

removed. The total was more than 25.

90 P17340 Pilgrim's UQB47061

12612G

12NOV2018 04C05 Poultry Good

Commercial

Practices

Open On the morning of 11/12/18, at 5:11 am, while

doing a Good Commercial Practice task, I

observed a live bird enter the scalder of Line 1. Its

head was up and eyes were blinking.  I observed

the birds for a few more minutes before going to

find a supervisor.  As I was standing by the rehang

table of Line 1, I observed the cadaver exit the last

picker and removed it from the line.  It did have

a cut or tear on its neck but the vessels of the

neck were not cut.  I believe this may have been a

skin tear rather than a bleeding room cut as I did

not observe blood on the bird when it entered the

scalder.  During my time in the picking room, I

also observed what appeared to be a cadaver

on each line going to the rehang tables and

another on the floor.  As I did not see these birds

enter the scalders, I cannot say they were alive

when they entered.  However, it is very

disconcerting to see this many cadavers in a short

time span.  I informed of the live bird

entering the scalder of Line 1 and of the other

cadavers.  I informed him I would be writing a

MOI. While   was talking with 

, I went back to observe

the birds on both lines at the first head pullers

(just before the scalders).  I did not observe any

further deficiencies in the form of live or uncut

birds. Federal Register Docket # 04-037N titled

"Treatment of Live Poultry Before Slaughter"

states that "The Food Safety and Inspection

Service (FSIS) is reminding all poultry slaughter

establishments that, under the Poultry Products

Inspection Act (PPIA) and Agency regulations, live

poultry must be handled in a manner that is

consistent with good commercial practices, which

means they should be treated humanely."

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

(b) (6)
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60 P18414 MB Consultants LTD JYI3906113

702G

02NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 10/30/2018 at 10:10 I was conducting a

routine Poultry Good Commercial Practices task

and observing chickens entering the bleed-out

loops from the small window in the hallway

where the shackles return to live hang from the

bird transfer machine.  I observed that the 52nd

bird that passed had not been cut and turned its

head in my direction.  I retrieved the chicken from

the line before it entered the water vats in the

scalding room, and passed it back through the

curtains to the live hang area. On 10/30/2018 at

13:43 I was conducting another routine Poultry

Good Commercial Practices task and observed the

birds entering the bleed-out loops in the same

manner.  The 35th bird that passed had not been

cut and turned its head in my direction.  I again

retrieved the chicken from the line before it

entered the water vats, and passed it back

through the curtains to the live hang area.  At this

time the live hang employee commented to me

that the men in the kill room were supposed to

tell him if they missed a bird so that he could

retrieve it, and I told him that I was aware of this. 

On 10/31/2018 at 07:55 I was conducting

another routine Poultry Good Commercial

Practices task immediately after the

establishment break and observed the birds in the

same area as before in the same manner.  The

10th bird that passed was uncut and turned its

head in my direction.  Again, I retrieved the

chicken from the line before it entered the

scalding vats, and passed it back through the

curtains to live hang.  At this time, the 

 was passing through the live

hang area, and the employee brought it to his

attention that another bird had been missed. In

accordance with 9 CFR 381.65(b), Poultry must be

slaughtered in accordance with good commercial

practices in a manner that will result in thorough

bleeding of the carcasses and ensure that

(b) (6)
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breathing has stopped prior to scalding.

Furthermore, in accordance with 9 CFR

381.1(d)(v) a poultry carcass is considered

adulterated if it has died other than by slaughter

as would be the case with a chicken that died by

drowning in the scalding vats. As a reminder, our

expectation is that all live poultry should be

treated in a manner consistent with good

commercial practices, which means they should

be treated humanely.

85 P18873 Tyson Foods, Inc. WUA01221

14023G

23NOV2018 04C05 Poultry Good

Commercial

Practices

Open Establishment P18873, Tyson Foods, Vienna,

Georgia, November 23, 2018, 1905 hours.  In

attendance:  

, At approximately

1855 on Friday, November 23, 2018, I, 

, was performing a Good Commercial

Practice inspection task.  I looked into a DOA bin

on the south side of the cage dump area and

observed a live chicken among the dead chickens

in the bin.  I immediately contacted 

 and showed him the live

chicken in the DOA bin.  At approximately 1905,

 had an establishment associate

retrieve the live chicken from the bin and take it

to the live hang area for appropriate slaughter. 

 hypothesized that the live chicken had

fallen on the floor in the live hang area and gotten

onto the transport belt conveying DOAs to the bin

in which I observed the live chicken.  I advised 

 that live chickens should not be in the DOA

bin and that I would document an MOI for

mistreatment of live poultry. I wish to remind

the establishment that poultry should be handled

in a manner consistent with Good Commercial

Practices and should be protected from

mistreatment or dying by means other than

slaughter.  The presence of a live chicken in a DOA

bin is inconsistent with Good Commercial

Practices for poultry.

(b) (6)

(b) (6)

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

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

(b) (6)
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85 P18873 Tyson Foods, Inc. WUA04001

21404G

04DEC2018 04C05 Poultry Good

Commercial

Practices

Open Establishment P18873, Tyson Foods, Vienna,

Georgia, December 3, 2018, 2030 hours.  In

attendance:  

, ,

 At approximately 2016

hours on Monday, December 3, 2018, I, 

, was performing a Good Commercial

Practice inspection task.  Next to the live hang

belt on line 1, I looked into a DOA barrel and

observed a chicken breathing.  I pointed this out

to who

immediately removed the live chicken from the

DOA barrel.  After removing that chicken, we

observed three other live chickens in the same

barrel.  A total of four live chickens were removed

from the DOA barrel and placed on the live hang

belt for normal slaughter.  I advised 

that I would be documenting an MOI for

mistreatment of live poultry. Approximately 15

minutes later and  came to

the USDA office and explained that one of the

belts conveying live chickens to the hanging area

had malfunctioned approximately 5 minutes

before I observed the live chickens in the DOA

barrel.  This caused a pile-up of chickens on one

section of the belt.  When the belt which

malfunctioned was repaired, a large number of

chickens were presented to the hangers, creating

difficulty in sorting the live chickens from the

dead chickens. I wish to remind the

establishment that poultry should be handled in a

manner consistent with Good Commercial

Practices and should be protected from

mistreatment or dying by means other than

slaughter.  The presence of live chickens in a DOA

barrel is inconsistent with Good Commercial

Practices for poultry.

(b) (6)

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

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
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90 P192 Pilgrims Pride Corporation OOB18121

23431G

31DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized At 1010 while performing a antemortem

inspection several cages were observed with

large holes in the dividers in each cage. Upon

further observation a bird had fallen through one

of the holes in a cage with its head and legs in the

top part of the cage and its body hanging in the

bottom part of the cage.  Other birds were sitting

on top of its head. Another cage was observed

with a birds beak stuck in the wire framing of the

cage, the wire frame was severely bend and the

bird couldn't move. At 1013 I immediately

notified of

these conditions. This was the establishments

break time and birds was taken care of

immediately after break.  Cage conditions had

previously been discussed in a recent weekly

meeting on December 20, 2018 regarding

observations of poor cage conditions and bent

dividers from 12/14/18.  The establishment

offered the following corrective action for the

cages from that meeting. "The second GCP

concern was poor condition of the cages on 14

December, 2018. After the USDA/Plant meeting

the QA manager immediately contacted our live

operations manager and relayed your request that

the catching crews be consulted about placing

birds in damage cages. The live operations

manager responded Friday afternoon 21

December, 2018, with his corrective actions. First,

the catching crews have been counseled not to

put birds in cages that have bent or missing

bottoms. Second, four loads of new cages have

been purchased and replacing of the old cages will

begin when the first load is delivered 1 February,

2019. A new load will be delivered every two

weeks after that until all of the old cages have

been replaced. "ditions had previously been

discussed in a weekly meeting on December

20,2018.

(b) (6)
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90 P19514 Tyson Foods, Inc. UMF47181

10521G

21NOV2018 04C05 Poultry Good

Commercial

Practices

Open On Monday, 11/19/18, one of my inspectors had

a bird pulled off Line 1 for my disposition.  This

bird was not cut across the neck transecting the

carotids; instead, it was cut across the face.  After

making my disposition, the supervisor and I

discussed the cut.  I informed him the cut was

unacceptable and is a GCP issue.  He called for

maintenance to check the bleeding machine.  

Later that evening/night, while finishing my Good

Commercial Practices task, I went back to

bleeding room to observe the stunning and

bleeding of the birds on both lines.  The bleeding

machine on Line 1 appeared to be cutting across

the neck severing both carotid arteries.  However,

many of the birds on line 2 were being cut on the

left side of the neck and diagonally across the

face.  Others were being cut just above the jaw

(bird is upside down).  After observing this was

not just an incidental/occasional cut, I

immediately went to live hang and found

.  I informed him there

was an issue with the bleeding machine on Line

2.  I informed him it wasn’t acceptable to have

birds cut across the face.  He radioed for

maintenance.  A maintenance man came and

performed several adjustments to the machine

until it was no longer cutting across the face.  

On Tuesday, 11/20/18, soon after the start of

shift, I asked GPM Mark Thurby if the cutting

machines were cutting correctly.  He assured me

they were.  Shortly after, as part of my GCP task

and as a follow up from Monday’s issue, I

observed the stunning and bleeding of the birds.  

Line 1 did not appear to have an issue with the

cutting and bleeding of the birds.  However, Line 2

was cutting birds across the face again.  I went

back to the Evis floor to find Mr. Thurby but found

 instead.  I asked him to radio Mr.

Thurby to meet me in the bleeding room as Line 2

was having the same issues as Monday.  

(b) (6) (b) (6) (b) (6)
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 radioed maintenance and went back to

observe the bleeding.  A maintenance man came

and again made several adjustments to the

bleeding machine until it was no longer

cutting across the faces of the birds. The

industry’s unified and accepted method for the

bleeding of birds is to transect the carotid arteries

for adequate bleeding.  Nowhere in traditional

and accepted federally inspected slaughter is the

cutting of other parts of a live bird’s body an

accepted practice--including cutting across the

face due to an improperly adjusted

cutting/bleeding equipment.  This is mistreatment

of live birds, is considered a GCP failure and

warrants a GCP MOI.  Without the intervention of

USDA personnel, this unacceptable cutting of the

birds’ faces may have continued the rest of each

night. Federal Register Docket # 04-037N titled

"Treatment of Live Poultry Before Slaughter"

states that "The Food Safety and Inspection

Service (FSIS) is reminding all poultry slaughter

establishments that, under the Poultry Products

Inspection Act (PPIA) and Agency regulations, live

poultry must be handled in a manner that is

consistent with good commercial practices, which

means they should be treated humanely."

(b) (6)
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90 P20245 Equity Group Kentucky Division, LLC ISL150210

5902G

02OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 1, 2018 while performing the Good

Commercial Practices (GCP) and Ante Mortem

task, the following was observed at the entrance

to the scald vats: At the entrance to the scald vat

that feeds evisceration line one at approximately

0130 I observed one live bird enter the scald vat

that was blinking its eye, had its neck completely

retracted, flapping its wings and turning its head

from side to side; it had its head retracted over

both of the establishments on-line head pullers. 

The cut on the bird appeared to be very superficial

to the skin, not penetrating the major vasculature

needed for slaughter.  

 was notified that my observations

would be documented in a GCP MOI. As per

Federal Register Notice Docket No. 04-037N

dated September 28, 2005, “Treatment of Live

Poultry before Slaughter,” the Food Safety

Inspection Service (FSIS) strongly encourages all

establishments engaged in the slaughter of

poultry to make every effort to treat poultry in

accordance with Good Commercial Practices and

abide by the Good Commercial Practices (GCPs) as

described by industry guidelines.  A copy of this

Memorandum of Interview will be forwarded to

appropriate personnel in the District Office.  

Respectfully submitted on October 2, 2018

                Cc: Dr. David

Thompson, DDM 

, FLS Dr. Larry Davis, DM

(b) (6)

(b) (6)

(b) (6) (b) (6)
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90 P20245 Equity Group Kentucky Division, LLC ISL491810

3210G

10OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 9, 2018 while performing the Good

Commercial Practices (GCP) and Ante Mortem

task, the following was observed at the entrance

to the scald vats: At the entrance to the scald vat

that feeds evisceration line one at approximately

0401 I observed one live bird enter the scald vat

that was blinking its eye, arching its neck, flapping

its wings vigorously and turning its head from side

to side; it lifted its head over the first head puller

and had a superficial cut to the neck.  The

establishment employee stationed at the entrance

to the scald tank reached for the birds neck with

gripping gloves on and attempted to manually

decapitate the bird.  When the birds head was

grabbed, the skin on its neck was peeled down. 

The bird remained alive, continued to flap and

lifted its head over the second head puller.  The

establishment employee reached for the bird a

second time and missed the bird.  The bird

continued to flap and move its head from side to

side and attempt to right itself as it entered the

scald vat.  At approximately 0402 I observed a

second live bird enter the scald vat that feeds

evisceration line two.  This bird appeared was

blinking, looking from side to side and flapping, it

bypassed both of the establishments on-line head

pullers and continued to blink and move its head

from side to side as it entered the scald vat

 was

notified that my observations would be

documented in a GCP MOI; a meeting was held

with 

informing him of these observations and the

importance of proper humane slaughter or culling

and euthanasia that does not cause any additional

suffering. As per Federal Register Notice Docket

No. 04-037N dated September 28, 2005,

“Treatment of Live Poultry before Slaughter,” the

Food Safety Inspection Service (FSIS) strongly

encourages all establishments engaged in the

(b) (6)

(b) (6)
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slaughter of poultry to make every effort to treat

poultry in accordance with Good Commercial

Practices and abide by the Good Commercial

Practices (GCPs) as described by industry

guidelines.  A copy of this Memorandum of

Interview will be forwarded to appropriate

personnel in the District Office.  Respectfully

submitted on October 10,

2018                                                                             

                        Cc: Dr.

David Thompson, DDM 

 Dr. Larry Davis,

DM

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

(b) (6)
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90 P20245 Equity Group Kentucky Division, LLC ISL150210

0311G

11OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 10, 2018 while performing the Good

Commercial Practices (GCP) and Ante Mortem

task, the following was observed at the entrance

to the scald vats: At the entrance to the scald vat

that feeds evisceration line one at approximately

0024 I observed one live bird on the line that was

flapping, arching its neck/lifting its head and

blinking.  The establishment employee stationed

at the entrance to the scald vat reached for the

birds head to manually decapitate it, his hand

slipped down the bird’s neck and head skinning

the neck and head.  The bird continued to flap

and lift its head on the line as it turned the

corner.  The employee reached for the bird a

second time just prior to the establishments

second on-line head puller (it lifted its head over

the first) and pulled with force for several seconds

before the bird was decapitated.  The bird

remained on the line as it entered the scald vat

approximately 5 seconds later.  

 was notified that

my observations would be documented in a GCP

MOI; a meeting was held at the beginning of the

shift with to discuss

previously observing occurrences similar to the

one described above and that they did warrant

GCP MOI documentation. As per Federal Register

Notice Docket No. 04-037N dated September 28,

2005, “Treatment of Live Poultry before

Slaughter,” the Food Safety Inspection Service

(FSIS) strongly encourages all establishments

engaged in the slaughter of poultry to make every

effort to treat poultry in accordance with Good

Commercial Practices and abide by the Good

Commercial Practices (GCPs) as described by

industry guidelines.  A copy of this

Memorandum of Interview will be forwarded to

appropriate personnel in the District Office.  

Respectfully submitted on October 11, 2018       

(b) (6)

(b) (6) (b) (6)
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                                                                Cc: 

Dr. David Thompson, DDM 

 Dr. Larry Davis,

DM 

90 P20245 Equity Group Kentucky Division, LLC ISL521810

0214G

14OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 11, 2018 while performing the Good

Commercial Practices (GCP) and Ante Mortem

task, the following was observed at the entrance

to the scald vats: At the entrance to the scald vat

that feeds evisceration line one at approximately

0157 I observed one live bird enter the scald vat. 

The bird was smaller than the average size bird in

the lot and had gotten the tip of its beak

mutilated by the first on line automatic head

puller.  The bird was lifting its head, attempting to

right itself, blinking and moving its head from side

to side.  The bird lifted its head over the

establishments second on-line head puller and

continued to attempt to right itself as it entered

the scald vat. 

was notified that my observations

would be documented in a GCP MOI. As per

Federal Register Notice Docket No. 04-037N

dated September 28, 2005, “Treatment of Live

Poultry before Slaughter,” the Food Safety

Inspection Service (FSIS) strongly encourages all

establishments engaged in the slaughter of

poultry to make every effort to treat poultry in

accordance with Good Commercial Practices and

abide by the Good Commercial Practices (GCPs) as

described by industry guidelines.  A copy of this

Memorandum of Interview will be forwarded to

appropriate personnel in the District Office.  

Respectfully submitted on October 12, 2018      

                 

                                Cc: Dr. David

Thompson, DDM 

 Dr. Larry Davis, DM 

(b) (6)

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

(b) (6) (b) (6)
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90 P20245 Equity Group Kentucky Division, LLC ISL420510

5315G

15OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 15, 2018 while performing the Good

Commercial Practices (GCP) and Ante Mortem

task, the following was observed at the entrance

to the scald vats: At the entrance to the scald vat

that feeds evisceration line two at approximately

0504 I observed one live bird enter the scald vat. 

The bird was lifting its head, attempting to right

itself, blinking, flapping its wings vigorously and

moving its head from side to side.  The bird lifted

its head over both of the establishments on-line

head pullers and continued to attempt to right

itself as it entered the scald vat; there was a

superficial cut to the neck that only penetrated

the skin, not any of the major vasculature

 was notified

that my observations would be documented in a

GCP MOI. As per Federal Register Notice Docket

No. 04-037N dated September 28, 2005,

“Treatment of Live Poultry before Slaughter,” the

Food Safety Inspection Service (FSIS) strongly

encourages all establishments engaged in the

slaughter of poultry to make every effort to treat

poultry in accordance with Good Commercial

Practices and abide by the Good Commercial

Practices (GCPs) as described by industry

guidelines.  A copy of this Memorandum of

Interview will be forwarded to appropriate

personnel in the District Office.  Respectfully

submitted on October 15, 2018                       

                                Cc: Dr.

David Thompson, DDM 

 Dr. Larry Davis,

DM 

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

(b) (6) (b) (6)
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90 P20245 Equity Group Kentucky Division, LLC ISL460010

2722G

22OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 21, 2018 at approximately 2013

while performing the Good Commercial Practices

(GCP) and Ante Mortem verification task in the

live hang area of the establishment the following

was observed: There was a Dead On Arrival

(DOA) bin located several feet away from line one

live shackle belt in live hang, in the very bottom of

the DOA bin was a fully alive / alert bird lying on

its back amongst seven other large dead birds

piled around and on it with one of the dead birds

on the live birds head.  When I approached the

bin I used my flashlight to inspect the contents of

the bin and observed the underside of the live bird

only moving up and down breathing rhythmically

(the head could not be viewed as a dead bird was

on top of it and the live bird was on its back).  I

looked around live hang and did not find a

supervisor.  I removed the dead bird from the

breathing birds head to inspect it closer and the

live bird immediately lifted its head and began

blinking and looking around.  The bird had no

injury to its neck to indicate euthanasia had been

attempted.  At that time 

entered live hang

and I used my flashlight to signal him over to the

DOA bin and show him the bird and tell him my

observations.  removed

the bird, inspected it and then hung it on the

production line for proper slaughter and

processing.  was

notified that my observations would be

documented in a GCP MOI; live birds should not

comingle with the DOA birds as this puts them in

imminent danger for suffocation / becoming

crushed and death by means other than slaughter.

As per Federal Register Notice Docket No.

04-037N dated September 28, 2005, “Treatment

of Live Poultry before Slaughter,” the Food Safety

Inspection Service (FSIS) strongly encourages all

establishments engaged in the slaughter of

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

(b) (6)
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poultry to make every effort to treat poultry in

accordance with Good Commercial Practices and

abide by the Good Commercial Practices (GCPs) as

described by industry guidelines.  A copy of this

Memorandum of Interview will be forwarded to

appropriate personnel in the District Office.  

Respectfully submitted on October 22, 2018       

                Cc: Dr. David

Thompson, DDM 

 Dr. Larry Davis, DM 

(b) (6)

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

(b) (6)
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15 P20251 Tecumseh Poultry, LLC PBM44101

01205G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On 10/05/18, between the 0900 and 1000 hours,

I spoke to 

and on two separate occasions

to inform the establishment of a bird

mistreatment that I observed while performing a

routine Good Commercial Practice Verification

task. The mistreatment I observed involved one

bird that had its left leg’s distal tibiotarsus caught

between the compartment door and the spring

holding the door closed. The bird sustained

abrasive bleeding superficial injuries to the leg as

it attempted multiple times to withdraw its leg

closer but was not able to. The Poultry Products

Inspection Act and Agency regulations (9 CFR

381.65(b)) require that live poultry be handled in

a manner that is consistent with Good

Commercial Practices (GCPs). Compliance with

GCPs increases the likelihood of producing

unadulterated product. Poultry are to be handled

in a manner that prevents needless injury and

suffering in order to produce a commercially

marketable product. Establishment management

may review Federal Register notice “Treatment of

Live Poultry before Slaughter”, 70 Fed. Reg. 56624

(September 28, 2005), for FSIS recommendations

concerning the treatment of live poultry before

slaughter. This MOI will be forwarded to the

District Office and the District Veterinary Medical

Specialist (DVMS) in case additional follow-up is

recommended. Sincerely, 

(b) (6) (b) (6) (b) (6)
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35 P208 George's Processing, Inc. XIC341012

5228G

28DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized On December 27, 2018, at approximately 11:15

hours, ,

met with . The

following is the synopsis of the events and

discussion regarding an injured bird: At

approximately 11:00 hours while observing the

dumper operator, I observed a live bird fall onto

the cage roller for Line 1. The dumper operator

immediately began conveying the next cage to

dump it. From my vantage point, it appeared that

the live bird was caught between the cage roller

and the cage. As I moved toward the south end of

rollers, I observed that the bird was writhing (as if

in pain) between the cage and the roller. The

trauma from the cage and the roller had resulted

in avulsion of the skin from the breast muscle

exposing both breast muscles. At this point, the

dumper operator observed the carcass trapped

between the roller and cage and conveyed the

cage away from the bird. The bird was aware and

had deliberate movement of its legs and wings.  I

observed as the dumper operator picked up the

bird and dropped it on to the conveyor belt to be

conveyed into the establishment. Then, I went

and discussed with . I informed him of

my observations as well as expressed my concerns

regarding the lack of euthanasia of the bird. 

 informed me that the establishment has a

protocol for euthanasia which should have been

implemented and that they would discuss with

the employee to ensure he was aware. The

meeting was adjourned at approximately 11:20

hours. On December 28, 2018, at approximately

06:50 hours, I informed that while

reviewing previous MOIs that a similar issue in

which a bird had been injured by the cage and

cage rollers had been documented by 

in September 2018. I informed that I felt

that this was not an intentional act but these

MOIs are subject to FOIA requests. 

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

(b) (6)

(b) (6) (b) (6)
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informed that the mirror for the dumper

operator for Line 1 was missing but had been

replaced. also informed USDA that the

establishment was considering replacing all of the

mirrors which are currently particle board/fiber

board backed to a plastic based back due to the

mirror expanding when exposed to moisture. The

meeting was adjourned at approximately 06:55

hours.

85 P21234 Perdue Foods LLC XGI570710

4116G

16OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Perdue Farms P-21234 Date: 10/16/2018 Time:

8:56AM On Tuesday, October 16, 2018, at

approximately 7:53am, I, observed

the following: while performing Good Commercial

Practices Verification, there were approximately

30 birds piled up on the DOA table. Mixed with

these birds were 3 visibly live birds. The DOA birds

were falling on top of the live birds, smothering

them and causing them to have trouble breathing.

I saw one of the birds heavily panting and

vocalizing in distress as the DOA birds were falling

on top of it. I informed the workers that they

needed to retrieve the live birds immediately and

appropriately condemn the DOA birds. I also

spoke with live hang and

, and reminded them that someone

should be monitoring the table at all times. I have

mentioned this three times before that we cannot

allow this to occur since it causes the birds to be

significantly stressed. This is mistreatment and it

is not consistent with good commercial practices. 

I informed of the

mistreatment of the live birds I had observed, and

told him that I would be documenting my findings

in an MOI. This MOI will be forwarded to my front

line supervisor 

 in

case additional follow-up is recommended. 

Respectfully, 

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

(b) (6)

(b) (6)
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40 P218 Pilgrim's Pride Corporation WOD5422

105912G

12OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 12, 2018 at approximately 1840 a

bird was hung back for veterinary disposition by

 on line 1 station 5.

The bird had a dark red congested head with no

signs of a cut on its neck. The bird was verified as

a cadaver by and 

 was shown the bird

before it was properly disposed of

proceeded to the live hang area to perform a

directed Poultry Good Commercial Practices task

and observed birds on picking line #2 flapping

their wings and moving their heads up and down

before entering the head pulling device

 stated that incomplete stuns were due

to the variation in bird size and adjustments were

made to the equipment. The bird found on the

evisceration line had completely missed the

cutting machine and the backup killer missed the

bird allowing a live bird to enter the scalder. 9 CFR

381.65(b) states “Poultry must be slaughtered in

accordance with good commercial practices in a

manner that will result in thorough bleeding of

the carcass and ensure that breathing has stopped

prior to scalding.” and thus the establishment was

not operating in accordance with Good

Commercial Practices for Poultry. Plant

Management is asked to consider these USDA

concerns and prevent future occurrences. Copies

of this Memorandum of Interview (MOI) will be

distributed to the establishment, inspection file

and District Veterinary Medical Specialist per FSIS

Directive 6100.3. The establishment is reminded

that NRs for noncompliance with 381.65(b) and

MOI for GCPs when finalized are posted for public

review on the FSIS website and that the

information associated with NRS and GCPs can be

FOIA requested by individuals from the general

public. Documented by 

(b) (6)

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

(b) (6) (b) (6) (b) (6)
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90 P320 Sanderson Farms, Inc. MRA40111

03616G

16OCT2018 04C05 Poultry Good

Commercial

Practices

Open At approximately, 0733 while doing AM/GCP task,

I proceeded to the live receiving/ dumping area.

At the live receiving/dumping area, on the return

(go back to truck) conveyor belt, I witnessed a

dumped cage on the conveyor belt with 6-8 birds

remaining in the cage. After dumping the next

cage was completely dumped, the dump

employee went to the previously dumped cage to

remove the birds that were caught in the door of

the cage, some birds were hanging out of the door

by an appendage. Several of the birds were easily

removed. A couple of the birds had to be

manipulated to be removed. Lastly, after

unsuccessfully try to free another bird by using

excessive physical action, he returned to the

controls and started moving the cage down the

conveyor to the forklift driver. At that point, I took

regulatory control action by applying US Retained

tag #B30927319 to the receiving dock, due to the

length of time the birds were caught in the door

and the rough handling of the bird. This type of

action would have caused undo physical harm

and stress to the birds. I notified 

, 

, .

 took over the live receiving controls,

gently removed the bird from the cage, and sent

the cage down the return conveyor to the forklift

driver. On inspection the cage door was damaged

causing the birds’ legs to be caught in the door

gap. Upon resolution of the situation, I released

the area. As per Federal Notice Vol.70, No. 187,

Docket No. 04-037N dated September 28, 2005,

“treatment of Live Poultry Prior to Slaughter”, the

Food and Safety and Inspection Service (FSIS)

strongly encourages all establishments engaged in

the slaughter of poultry to make every effort to

treat poultry humanely and abide by Good

Commercial Practices (GCPs) as described in

industry guidelines.

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

(b) (6) (b) (6)
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40 P325 Tyson Foods, Inc. YDM05231

23103G

03DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P325, Tyson Foods Inc. November 30, 2018,

1750 hours In attendance: 

, ,

; 

 On Friday, November

30, 2018, at approximately 1750 hours at Est.

P325 Tyson Foods Inc. while observing conditions

in the kill hole, I, , observed 2 consecutive

knife cuts applied to 6 stunned, live and

intact-neck young chickens on picking line #2

after the automatic blade. Blood was not

observed coming from the 6th bird that received

double cuts from the backup knife cutter before

leaving the line of sight. This bird was attempted

to be followed outside of the kill hole to confirm

bleeding, however, it could not be recognized and

no cadaver was found later in the system.

Therefore, this was not a confirmed cadaver.

Between each bird, the backup knife cutter was

observed sharpening his knife in the mouse trap

style sharpener. I was concerned that the knife

may be dull, which could result in non-thorough

bleeding out before the scalder. I expressed my

concern to 

 who stood next to me watching the last 3

double cut birds. I asked him to speak with the

killer and verify the knife and technique were

adequate for causing a cut that would result in

thorough bleeding. A meeting occurred in the

USDA office afterward to discuss this event and

the MOI. 

and discussed the knife

reconciliation program to ensure the knives are

adequate for cutting. also said the

killers are getting extensive monitoring and

retraining to make sure they are performing

correctly.   This MOI documents discussion

between IPP and establishment management

about the concern for good commercial practice

noncompliances that may result from a dull knife

(b) (6)

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

(b) (6)

(b) (6)

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

(b) (6)(b) (6)
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or inadequate killing technique. Furthermore,

Plant Management is encouraged to investigate,

address, and prevent the root cause(s) of the

automatic blade missed and ineffective cuts, and

backup cutters and their knives as the

establishment is expected to employ handling

methods consistent with good commercial

practices. This includes maintaining equipment

and personnel for appropriate slaughter activities.

It is important for the establishment to treat

poultry in a manner that prevents needless injury

and suffering in order to produce a commercially

marketable, unadulterated product. I recommend

the establishment review Federal Register Notice

Vol. 70, No. 187, published September 2005

[Docket No. 04–037N] for FSIS recommendations

concerning treatment of live poultry before

slaughter. Establishment responses to this MOI,

including corrective and preventive measures, will

be attached to this entry in PHIS. The plant is

aware this MOI is shared with the District Office

and the District Veterinary Medical Specialists

(DVMS) in case additional follow-up is

recommended. 

was notified of the findings and MOI shortly after

the incident occurred. Respectfully, 

(b) (6)

(b) (6)
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40 P325 Tyson Foods, Inc. YDM45151

21127G

27DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized On December 26, 2018, at approximately 2105, 2

cadavers were observed, one on line 1 and one on

line 2.   Another cadaver was identified at 2117 on

line 1 and an additional cadaver was observed on

line 1 at approximately 2200.  The rehang barrel

was also inspected and no cadaver carcasses were

observed at that location.  Some of these cadavers

had visible knife cuts through the neck region,

however, the cuts were not deep enough or

located in the correct place for adequate bleed

out.  All of the cadavers had an insufficient knife

cut with the head still attached as well as a bright

red neck.  Cadavers are considered adulterated

product and were condemned according to 9 CFR

381.90. The appearance of these birds is

consistent with having died other than by

slaughter.   While observing the bleed out area at

approximately 2120, an overhead light was out in

this area.  The loss of light particularly affected

the visibility of the back-up cutter on line 1.  

Poultry dying in this manner is inconsistent with

the expectations for poultry to be slaughtered in

accordance with Good Commercial Practices and

regulation 9 CFR 381.65(b).  Poultry were not

slaughtered in a manner that resulted in thorough

bleeding of the poultry carcass and breathing had

not stopped before the birds entered the scalder. 

The establishment is expected to provide

measures to show this issue has been resolved

and prevent future occurrences.
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25 P34668 Simply Essentials Poultry, LLC SFJ550611

4627G

27NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 04:30, while I was performing

ante-mortem inspection in the Live Hang area, I

observed the forklift driver put a cage with an

open door to a drawer holding chickens on the

track.  It was the second from bottom door on the

left side of the cage.  I observed the cage as it

moved along the track to the dumper.  Two

chickens were sitting on the open door.  One of

the chickens jumped off the door and onto the

track and I stopped the track line to prevent the

cage from running over the chicken.  I informed

 of my observation

and why I had stopped the track line.  He picked

up the chicken and put it back into the drawer

and closed the door.  I released the line to be

started back up.  I explained to him it is important

to have his employees shut any open doors on the

cages before placing them up on the track,

because chickens could be injured or killed as this

one would have been if I had not been near to

stop the line. A similar situation involving a

missing door was discussed yesterday (11/26/18)

in MOI #SFJ5810111026G. The establishment

must employ humane methods of handling and

slaughtering consistent with Good Commercial

Practices in a way that minimizes injury to

poultry.  Poultry are to be handled in a manner

that prevents needless injury and suffering. 

Employing humane methods of handling and

slaughtering that are consistent with Good

Commercial Practices increase the likelihood of

producing unadulterated product.

(b) (6)
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85 P40 Pilgrim's Pride DAA05101

02324G

24OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized October 17th 2018 To: Mr. Randy Long, Complex

Manager From: 

Subject: Poultry Mistreatment  On Wednesday,

October 17th, 2018 at approximately 0913 hours,

while performing the Good Commercial Practices

task and observing the back-up neck cutter

perform his duties, I,

observed the following. The back-up neck cutter

began rinsing down his area and upon noticing a

bird that had not been cut by the automatic neck

cutter; he forcefully pulled on the birds head and

neck to render it dead, but did not remove the

birds head. Immediately after this, he noticed

another bird that had not been cut by the

automatic neck cutter and forcefully pulled on its

head and neck to render it dead, but did not

remove the birds head. He then cut three

consecutive birds necks that had not been cut by

the automatic neck cutter. I immediately went to

the office of the 

 was not

present in his office, so I went to the evisceration

department and found ,

and . I informed them of

my observations and that according to Agency

regulation, poultry must be handled in a manner

that is consistent with Good Commercial Practices

and that they not die from causes other than

slaughter. They both stated that the back-up neck

cutter’s behavior would be addressed.  A copy of

this memorandum of interview will be forwarded

to the District Veterinary Medical Specialist in the

District Office. Sincerely, 

(b) (6)

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

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

(b) (6)
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80 P40183 Sanderson Farms, Inc. PEH191910

2812G

12OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 12, 2018 at approximately 1957

hours, while performing a Good Commercial

Practices task in the Picking Room I made the

following observation: I observed a live bird

enter the scalder on Kill Line #1.  Prior to the bird

entering the scalder, I noticed that it was alert,

blinking its eyes, and its neck was had a

right-flexed conformation. No blood or cervical

laceration was observed.  This bird appeared

smaller than the birds adjacent to it.  I notified the

back-up cutter and he was not able to stop the

line.  The bird entered the scalder breathing and

alive. I took regulatory control of the Kill Line #1

and I notified the nearest supervisor, 

 of my findings. He called

the 

and to the

area.   While the line was stopped they tried to

identify the bird that entered the scalder alive. 

They were not able to locate the bird.  I released

regulatory control temporarily to allow the birds

to run their course through the scalder. At

approximately 8 minutes later, at 2005 hours, the

bird was identified.   The skin had a bright red

appearance and when inspected, no cervical

laceration was found.   As a result, 

elected to place two back-up cutters on Kill Line

#1.  I released regulatory control at approximately

2007 hours.  PPIA and Agency regulations

require that live poultry be handled in a manner

that is consistent with Good Commercial Practices

(GCP), and that they do not die of causes other

than slaughter.  I recommend management

review Federal Register Notice Vol. 70, No. 187,

published September 2005 [Docket No. 04-037N]

for FSIS recommendations concerning the

treatment of live poultry before slaughter.  A copy

of this document can be provided upon request. 

A copy of this MOI will be forwarded to the

Raleigh District Office and District Veterinary

(b) (6)

(b) (6) (b) (6) (b) (6)
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Medical Specialist (DVMS) in the event that an

additional follow-up is recommended.
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80 P419 Case Farms Processing, Inc. VDB02131

13714G

14NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized In Attendance: USDA: 

;  Case Farms Processing, Inc

Management: 

Establishment P419, Case Farms Processing, Inc.,

Morganton, NC.   On 11/14/2018, at

approximately 1215 hours, while performing a

Good Commercial Practices task in the Kill Room, I

was confirming stunning effectiveness and noted

an increase in wing fractures.  During assessment

of a 500 bird sample, I noted 32 fractured wings

on Line 1 and 33 fractured wings on Line 2.  These

values exceeded what is listed as acceptable in the

establishment's humane handling records.  Upon

review of the plant’s humane handling records for

the dates of 11/5/18-11/13/18, I noted that the

number of fractured wings exceeded the

acceptable range listed in the plant’s plan.  This

elevation was noted on the majority of hourly

evaluations by the plant on a daily basis.  I

contacted 

to apprise him of my concerns with the unusually

high number of wing injuries documented.     

There appears to be a persistent elevation in the

number of fractured wings identified in birds

entering the establishment.  This concern was

brought to establishment management’s

attention on 10/25/18 and has since been

documented in previous memoranda written on

11/7/2018 for similar findings.  

 and confirmed that the

issue was being investigated with their live side of

operations.  Plant management is reminded that

PPIA and Agency regulations require that live

poultry be handled in a manner that is consistent

with good commercial practices.  A copy of this

MOI will be forwarded to the District Veterinary

Medical Specialist (DVMS) in the event that an

additional follow-up is recommended. If you

have any questions or concerns regarding this

MOI, please feel free to contact myself or 

(b) (6)

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

(b) (6)

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

Respectfully, 

-Tyson Foods, Inc., Monroe

80 P4602A NEW MARKET POULTRY, LLC YCG050811

4530G

30NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 11/29/18 at 8am 

 was performing a

Good Commercial Practices evaluation

 and I, ,

were present. In observed a

live bird at the bottom of a USDA condemn barrel.

There were several layers of birds piled on top of

it. The bird was alert, viable and actively

struggling to free itself. and I also

observed findings. A Live Hang Lead

removed the bird from the barrel and hung him

on the kill line. discussed his findings in

the exit meeting where Bruce Powers (General

Manager), , 

 and I were present. The above findings

are not in keeping with Good Commercial

Practices. Measures should always be taken to

ensure that poultry are handled and kept in

conditions that will not result in death or injury

unnecessarily. In addition, “employing humane

methods of handling and slaughtering that are

consistent with good commercial practices

increases the likelihood of producing

unadulterated product”. Establishment P4602A is

hereby advised to address the above observations

and take preventative measures to reduce the

likelihood of occurrence. 

, P4602A Cc’d 

(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)
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80 P4602A NEW MARKET POULTRY, LLC YCG431112

3406G

06DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized On 12/6/18 at 9:20am I, ,

observed a live bird inside the DOA hopper in Live

Hang. The entire bird except the neck and head

were covered by DOAs. The bird was alert and

viable. I immediately notified the Live Hang Lead

and we observed my findings together. The Live

Hang Lead retrieved the bird from the hopper and

took it inside to be hung on the kill line. Shortly

after, I notified of my

findings and informed me that she

would have the DOA hopper monitored for live

birds. A GCP MOI was documented for a live bird

in a DOA barrel on 11/29/18. The above findings

are not in keeping with Good Commercial

Practices. Measures should always be taken to

ensure that poultry are handled and kept in

conditions that will not result in death or injury

unnecessarily. In addition, “employing humane

methods of handling and slaughtering that are

consistent with good commercial practices

increases the likelihood of producing

unadulterated product”. Establishment P4602A is

hereby advised to address the above observations

and take preventative measures to reduce the

likelihood of occurrence. 

 CC’d 

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

(b) (6)

(b) (6)

(b) (6)
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80 P46826 SHENANDOAH VALLEY ORGANIC BOK22141

04629G

29OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized This Memorandum of Interview is a summary of

my findings today (10/29/18) and meeting with

, 

, and 

. At approximately 1415 hours while

performing Good Commercial Practices

(GCP) verification, I entered

the lower level of live hang and counted 18 loose

chickens on the lower level.  One was dead and

appeared to have been smashed; one appeared to

be injured and could not move.  I counted 4

chickens on the upper level, behind the kill line on

the conveyor area for the stacks of empty

drawers.  One was injured and unable to move.  I

notified the and he and

one other personnel member collected the

birds.  The badly injured bird that was on the

conveyor belt was euthanized and placed in the

DOA bin by .  The issue of loose

birds on the conveyor belt and lower level of live

hang has been discussed at the past two weekly

meetings with the establishment (on 10/17/18

and 10/24/18).  Today during our discussion, both

 and

 stated that

live hang personnel should be picking up the birds

if they jump off the drawers as they are being

loaded onto the live hang conveyor belts, and that

they will be reinstructed to do so.  

 stated that 

 has planned to put up

some sort of barrier that will prevent birds that

get loose from jumping or falling to the lower

level of live hang.  I talked with 

directly after my meeting with ,

 and , and he

confirmed that he is planning to construct a

barrier; this construction should be completed

this weekend.  9 CFR 381.65(b) requires that

poultry be slaughtered in accordance with GCP.

(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)
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Poultry are to be slaughtered in a manner that

ensures that breathing has stopped before

scalding, so that the birds do not drown, and that

slaughter results in thorough bleeding of the

poultry carcass. Compliance with these

requirements helps ensure that poultry are

treated humanely. In general, poultry should be

handled in a manner that prevents needless injury

and suffering in order to produce a commercially

marketable product.

85 P476 Pilgrim's Pride ODA23161

13328G

28NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Daniel Shaw, Plant Manager Pilgrim's Pride

Corporation P-00476 616 Kingsbridge Rd.

Carrollton, GA 30117 On Monday, November 26,

2018 at approximately 2320 hours while

performing a Good Commercial Practices Task at

P-00467 I, , observed an

issue with the implementation of Good

Commercial Practices in the live receiving area. I

observed one live bird inside of the DOA bin

among an approximately half full bin of other

deceased birds covered in red denaturant. I

notified 

, who immediately notified 

 and 

. Both and 

 observed this live bird within the DOA bin.

The bird was euthanized in my presence. No other

live birds were observed in the DOA bin. This

issue was discussed with 

 shortly after the occurrence. He

stated that he will review video from the area. The

topic will also be discussed again at the next

UDSA weekly meeting on November 29, 2018 at

1630 hours and the minutes will be documented

in the corresponding MOI. Respectfully, 

(b) (6)

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

(b) (6)

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

(b) (6)
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35 P481 Tyson Foods, Inc. VHF15091

11416G

16NOV2018 04C05 Poultry Good

Commercial

Practices

Open Day, Date and Time of Meeting:  Thursday

11/15/2018 from approximately 1037 to 1044 

Place Meeting Held: Shaun Bolinger Plant

Manager Office   Persons Attending: FSIS

Attendees – and 

. Tyson Foods Attendees – Shaun Bolinger,

PM; , 

 and 

.   Author(s) of this

Meeting Report: .   Date this Meeting

Report was Written:  Thursday 11/15/2018. 

Subject: GCP Poultry Mistreatment MOI. 

Background: On Thursday 11/15/2018 at 0735

while performing a poultry GCP task for Lot 1 of

the Cornish hen small young chickens slaughtered

and processed at Est. P481 In-plant IPP inspected

the live hang belt in the live hang area and

observed very unusually large numbers of DOAs in

the live hang area. IPP then proceeded outside to

inspect the condition of the live birds on the live

haul trailers. While performing inspection of the

cages on the live haul trailers IPP observed that up

to approximately 25% of the birds on the trailers

were DOA, apparently due hypothermia. In-plant

IPP immediately met with plant management and

expressed their concern to Plant Manager Shaun

Bolinger, who was already aware of this issue. The

PM told IPP the birds being slaughtered that day

were coming from grow out houses in and around

Clarksville, AR, which is approximately 102 miles

from Est. P481. The PM assured IPP that plant

personnel were doing everything they could to

resolve the problem and described how they were

modifying the wind blocking panels and wrapping

of subsequent trailers of live chickens coming to

Est. P481. In-plant IPP continued to monitor the

condition of the birds in the live haul trailers and

in the live receiving area of the plant. In a

subsequent meeting with the plant management

at approximately 1005 the APM told IPP this was

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

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

(b) (6)
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the first time Est. P481 had received live birds

from houses as far away as Clarksville, AR in 10

years and they were already modifying the trailers

to better accommodate/wind protect the last

trailers of live birds coming from the Clarksville

area scheduled for tomorrow (i.e. Friday

11/16/18). He also told IPP that approximately

of birds that had arrived from the Clarksville area

that day, which is approximately

 The Following was

Discussed at the Subsequent Meeting Concerning

this Issue: IPP met with plant management again

from 1037 to 1044 (see heading above). Plant

management confirmed at this meeting that they

rarely receive live birds for slaughter and

processing at Est. P481 from as far away as the

Clarksville area and had already contacted the

Tyson Foods Corporate Office personnel to

attempt to remedy this scheduling issue.  The last

of the of these smaller chickens from

the Clarksville area had arrived at Est. P481 at

approximately 0800. Plant management told IPP

the trailers used to transport these small young

chickens to Est. P481 today were trailers normally

used to transport the larger young chickens

slaughtered and processed at the Tyson Foods

establishment in Clarksville, AR. Plant

management said they were going to use the

trailers assigned to Est. P481 to transport the

smaller chickens from the Clarksville area to Est.

P481 tomorrow. The cages on these trailers

assigned to Est. P481 are more heavily shielded

from the wind in order to accommodate the

smaller young chickens. Est. P481 had received

approximately birds from grow out houses

the Clarksville area today, 11/15/18. Plant

management told IPP at this meeting they would

provide a DOA count of these live birds to (b) (4)

(b) (4)(b) (4) (b) (4) (b) (4)
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IPP after they determine the number. Tomorrow,

11/16/18, is the last day that live birds from the

Clarksville area are scheduled to arrive at Est.

P481.
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80 P510 House Of Raeford Farms RHB39081

04505G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Ms. Nicole Reynolds, Plant Manager, P-510 

House of Raeford Rose Hill, NC 28458     Ms.

Reynolds     At approximately 0703 while

performing the Good Commercial Practices

Verification task, I observed a live bird about to

enter the scalder.  The bird at the time of my

observation had normal rhythmic breathing, eyes

open and blinking with the head elevated.  I

immediately pointed out the bird to 

, who stopped the line

before the bird could enter the scalder and

 removed the bird from the line.  After

removing the bird from the line, it was observed

that there was a small cut on the neck which was

not deep enough to allow the bird to bleed out

properly. , plant employee,

took the bird back to live hang to show it to

.  

performed cervical disarticulation on the bird and

made a deep cut on the neck to allow proper

bleeding and hung the bird back onto the kill line.

 called maintenance and adjustments

were made to the kill blade and stunner. In

addition maintenance will monitor the kill blade

and stunner to ensure they are adjusted properly

for the bird sizes being run. Additional monitoring

of birds entering the scalder showed no further

issues at this time.  I discussed my finding with

, and

notified him of the pending MOI and the

establishment’s failure to comply with 9 CFR

381.65 (b) which states: Poultry must be

slaughtered in accordance with good commercial

practices in a manner that will result in thorough

bleeding of the carcasses and ensure that

breathing has stopped prior to scalding.   

, was also notified my findings.      

Similar GCP MOI’s have been documented the

most recent one was written on 9/5/18 and

documented on MOI RHB5112093605G.   Ms.

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

(b) (6)

(b) (6)

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

(b) (6)
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Reynolds this MOI will be forwarded to the

District Veterinary Medical Specialist (DVMS) in

case additional follow-up is recommended.    If

you have any questions or concerns regarding the

above, please contact , or

.   

Respectfully,     P510

40 P51179 Sanderson Farms, Inc. RQE25071

04811G

11OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 10, 2018 at 0850 while performing

Poultry Good Commercial Practices I, 

, was monitoring the back- up killers.  I stood

between line # 1 and line #2 of the kill lines,

between the blood tanks and scalders.  I noticed

the employee on kill line #2 standing and talking

to the back -up killer on line #1.  I then proceeded

to watch the birds on line #2.  I noticed a bird

enter the scalder alive. I then left the picking room

to correlate with IIC about the situation.  After

correlating with IIC it was determined that an MOI

would be issued.  I then returned to speak to

.  

 approached as I

was discussing with .  I then returned

back to Evisceration line, stayed

back in the picking room to continue monitoring

the back-up killers.  As she monitored with

 she witnessed another bird with neck

not cut.  was able to show the

back-up killer and took his knife to properly make

sure the bird was properly killed before entering

the scalder.  then began to discuss

the importance of properly killing the bird to the

hourly employee.  While I was on the line

 discussed with Plant Manager John

Stedman that an MOI would be issued.

(b) (6)

(b) (6)

(b) (6)

(b) (6)

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

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

(b) (6)

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(b) (6)
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90 P517 Mar-Jac Poultry-MS QOO11061

01005G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Joe Colee Complex Manager Mar-Jac

Poultry, MS 1301 James Street Hattiesburg, MS

39401 Mr. Colee, At approximately 0402 hours

on October 5, 2018, the following less than Good

Commercial Practices (GCP) incident was observed

at P517, Mar-Jac Poultry, MS, Hattiesburg, MS

while performing the PHIS Poultry Good

Commercial Practices verification task.  One (1)

live bird was observed in the Dead on Arrival

(DOA) bin with red denaturant covering the

feathers.  and

 were notified of

the incident.  The bird was removed from the DOA

bin in viable condition.  At the election of

management, the bird was humanely euthanized

by rapid cervical disarticulation and disposed of in

the DOA bin.  This was a single isolated incident

and was determined not to be a systemic loss of

process control.  Allowing live birds to enter the

DOA bin subjects the birds to injury, suffering, and

death.  Loose birds must be caught in a timely

manner to prevent bird(s) from being comingled

with DOAs.  Poultry slaughter establishments

must take every precaution to ensure poultry

under their control on the official premises are

treated in a humane manner, subjected to

minimal excitement, discomfort, and injury, or

death by means other than slaughter. This less

than GCP incident was discussed in the weekly

meeting with establishment management on

October 5, 2018 at approximately 0400 hours and

documented in the meeting Memorandum of

Interview (MOI).   No response to the less than

GCP incident was given at this time.  

was advised a GCP MOI would be issued to

management pending review by 

. As per Federal Notice Vol. 70, No.

187, Docket No. 04-037N dated September

28,2005, “Treatment of Live Poultry Prior to

Slaughter”, the Food Safety and Inspection Service

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

(b) (6)
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(FSIS) strongly encourages all establishments

engaged in the slaughter of poultry to make every

effort to treat poultry humanely and abide by

Good Commercial Practices (GCPs) as described in

industry guidelines. Respectfully, 

, Canton, MS 9024 1039 W.

Fulton St. Canton, MS 39046 cc:  Dr. Larry

Davis, DM        Dr. David Thompson, DDM       

Dr. Gregory Brookhouser, DDM        Mr. William

Griffin, DDM               

(b) (6)

(b) (6) (b) (6)
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90 P517 Mar-Jac Poultry-MS QOO32021

13501G

01NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Joe Colee Complex Manager Mar-Jac

Poultry, MS 1301 James Street Hattiesburg, MS

39401 Mr. Colee, At approximately 2340 hours

on October 31, 2018, the following less than

Good Commercial Practices in Poultry (GCPIP)

incident was observed at P517, Mar-Jac Poultry,

MS, Hattiesburg, MS.    The North dumper

operator dumped a cage of birds onto the transfer

belt.  Approximately 50% of the birds were Dead

on Arrival (DOA)s, some birds were moribund, and

the remainder of the birds were viable.  This

caused the live birds and the DOAs to be

comingled on the belt.  Some of the live birds

became entrapped under the DOAs.  

 and

 were

notified.  Additionally, the birds were run into the

live hang area, were removed from the belt, and

piled up next to the West wall.  In the process, live

birds became entrapped under the DOAs as

evidenced when live birds were removed from

under the pile of DOAs.   This was the only cage

on trailer 1184 which had an uncharacteristic

number of DOAs present.  The number of birds in

the cage was determined to be approximately 330

birds and the number of DOAs in the cage was

approximately 200 birds.  This incident was

determined to be isolated event and not a loss of

process control or a systemic event. Comingling

live birds and DOAs can lead to suffocation and

death.  Subsequently sorting activities which

comingle live birds and DOAs can lead to

entrapment, suffocation, and death.  Poultry

slaughter establishments must take every

precaution to ensure poultry under their control

on the official premises are treated in a humane

manner, subjected to minimal excitement,

discomfort, and injury, or death by means other

than slaughter. and

 met in the USDA IIC office at

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

(b) (6)

(b) (6)
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approximately 0530 hours on November 1, 2018

to discuss the less than GCPIP incident

 stated in the future, the cage could be

set to the side and the birds removed humanely in

a timely manner if the problem was recognized

immediately and if the birds were dumped onto

the transfer belt, the dumper operator could hold

the brake until the DOAs were cleared form the

belt.  was advised a GCPIP

Memorandum of Interview would be issued to

management pending review by 

. As per Federal Notice Vol. 70, No.

187, Docket No. 04-037N dated September

28,2005, “Treatment of Live Poultry Prior to

Slaughter”, the Food Safety and Inspection Service

(FSIS) strongly encourages all establishments

engaged in the slaughter of poultry to make every

effort to treat poultry humanely and abide by

Good Commercial Practices (GCPs) as described in

industry guidelines. Respectfully, 

, Canton, MS 9024 1039 W.

Fulton St. Canton, MS 39046 cc:  Dr. Larry

Davis, DM        Dr. David Thompson, DDM       

Dr. Gregory Brookhouser, DDM        Mr. William

Griffin, DDM              

(b) (6)

(b) (6)

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

(b) (6) (b) (6)
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90 P517 Mar-Jac Poultry-MS QOO23031

15715G

15NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Joe Colee Complex Manager Mar-Jac Poultry,

MS 1301 James Street Hattiesburg, MS 39401 

Mr. Colee, At approximately 2039 hours on

November 14, 2018, the following less than Good

Commercial Practices (GCP) incident was observed

at P517, Mar-Jac Poultry, MS, Hattiesburg, MS

while performing the PHIS Poultry Good

Commercial Practices verification task.  Live birds

were observed at the West end of the Meyn

picking line conveyor in live hang comingled with

DOAs.  Live birds were observed being removed

from under the pile of DOAs by a plant employee. 

was notified at approximately 0900

hours of the less than GCP.  At approximately

2218 hours, a live bird was observed in the DOA

bin with head attached.  

was notified.  The 2 less than GCP incidents were

determined to be isolated events and not a loss of

process control.  Comingling live birds with DOAs

can cause suffocation and death by means other

than slaughter resulting in adulterated product. 

The establishment must ensure that birds under

their control on the official premises are treated in

a manner that will minimize discomfort, injury

and or death by means other than slaughter.  At

approximately 2130 hours, 

, , ,

, and

 met in the USDA IIC office to discuss

the less than GCP.  stated live birds

and DOAs would not be allowed to comingle and

accumulate into a pile and DOAs and weak birds

would be humanely euthanized by rapid cervical

disarticulation (rapid removal of the head by

dislocating the cervical vertebrae and severing the

brain stem).  and were

notified of the live bird in the DOA bin observed at

approximately 2218 hours.  There was no further

discussion of the incident subsequent to the

(b) (6)

(b) (6)

(b) (6)

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

(b) (6)

(b) (6) (b) (6) (b) (6)
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meeting.  was advised a GCPIP

Memorandum of Interview would be issued to

management pending review by 

.  As per Federal Notice Vol. 70, No.

187, Docket No. 04-037N dated September

28,2005, “Treatment of Live Poultry Prior to

Slaughter”, the Food Safety and Inspection Service

(FSIS) strongly encourages all establishments

engaged in the slaughter of poultry to make every

effort to treat poultry humanely and abide by

Good Commercial Practices (GCPs) as described in

industry guidelines.  Respectfully,  

, Canton, MS 9024 1039 W.

Fulton St. Canton, MS 39046  cc:  Dr. Larry Davis,

DM        Dr. David Thompson, DDM        Dr.

Gregory Brookhouser, DDM        Mr. William

Griffin, DDM              

(b) (6)

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

(b) (6) (b) (6)
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90 P517 Mar-Jac Poultry-MS QOO03211

14125G

25NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Mr. Joe Colee Complex Manager Mar-Jac

Poultry, MS 1301 James Street Hattiesburg, MS

39401 Mr. Colee, At approximately 2023 hours

on November 15, 2018, the following less than

Poultry Good Commercial Practices (GCP) incident

was observed at P517, Mar-Jac Poultry, MS,

Hattiesburg, MS. Live birds became entrapped

under a pile of Dead on Arrival (DOAs) as

evidenced when live birds were removed from

under the pile of DOAs. and

 observed chest movement and

paw movement in a pile of DOAs in the live hang

area. At the request of USDA IPP, management

removed a DOA bird from the top of the pile and

an alive and alert bird was observed. Comingling

live birds and DOAs can lead to suffocation and

death. Subsequently, sorting activities which

comingle live birds and DOAs can lead to

entrapment, suffocation, and death. Poultry

slaughter establishments must take every

precaution to ensure poultry under their control

on the official premises are treated in a humane

manner, subjected to minimal excitement,

discomfort, and injury, or death by means other

than slaughter. After discussing these findings

with , 

, and

 met in the USDA office at

approximately 2100 hours on November 15, 2018

to discuss the less than GCP incident. No response

was given at that time. was advised a

GCP Memorandum of Interview would be issued

to management pending review by 

. As per Federal Notice Vol. 70, No.

187, Docket No. 04-037N dated September

28,2005, "Treatment of Live Poultry Prior to

Slaughter", the Food Safety and Inspection Service

(FSIS) strongly encourages all establishments

engaged in the slaughter of poultry to make every

effort to treat poultry humanely and abide by

(b) (6)

(b) (6)

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

(b) (6)

(b) (6)

(b) (6)

(b) (6)
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Good Commercial Practices (GCPs) as described in

industry guidelines. Respectfully, 

 cc: Dr. Larry Davis, DM Dr. David

Thompson, DDM Dr. Gregory Brookhouser, DDM 

Mr. William Griffin, DDM 

 

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

(b) (6)
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90 P522 Sanderson Farms, Inc. (Processing Div) IKB531812

4405G

05DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Today, December 5th, 2018, the following was

observed at P-522, Sanderson Farms, in Collins,

Mississippi, by me, : At

approximately 1645 hours, one of the picking

lines (the “outside” line) was stopped. I went to

the back dock and observed maintenance

personnel working on the neck cutter on the

outside line. I observed 6 live birds hanging in the

entrance of the scalder on the line at 1648 hours.

The birds were bright, alert, blinking, craning their

necks, and looking around. I observed that they

were rhythmically breathing. I alerted

establishment management to the presence of

the birds multiple times over the next 45 minutes.

I expressed my concerns about the welfare of the

birds to , and

. I stood at the

stunner entrance, watching the birds as they

intermittently closed their eyes, flapped their

wings, and struggled in the shackles. At 1745

hours the lines began running, although now the

dumper was broken so there were no new birds to

be hung on the line. The birds that had been at

the stunner entrance proceeded into the stunner.

I went around to the scalder entrance for this line.

I reasoned that since there had been a problem

with the neck cutter prior to the line stoppage,

there might be birds who did not get their necks

cut and who had been hanging somewhere in the

blood tunnel while the line was stopped. Indeed, I

observed one live bird enter the scalder at

approximately 1746 hours. The bird was one of

the last birds to enter the scalder before the

shackles became empty. The bird was craning its

neck, looking around, blinking, and breathing

regularly. I followed the bird as it entered the

scalder. Afterwards, at approximately 1748

hours, I spoke to . I stated that I

was concerned about the welfare of the birds that

were left in the shackles for approximately 45

(b) (6) (b) (6) (b) (6) (b) (6)
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minutes. He stated that a company safety policy

prohibited birds in that location from being

removed from the line. I stated that despite the

fact that I had written GCP MOI’s for this very

same issue numerous times in the past* the

welfare of live birds left in equipment during line

stoppages continues to be neglected. I stated that

the establishment had failed to respond to any of

the previous related GCP MOI’s other than to

state that they will be “appealed,” and no

changes have been made to address the welfare

of live birds left in equipment during line

stoppages. I stated that equipment that processes

live animals should be constructed in a manner to

facilitate the removal of live animals in the event

of an equipment breakdown. The treatment of

live animals before slaughter is an important

animal welfare concern. Live birds left suspended

upside down in shackles for a prolonged period of

time in the event of a line stoppage may suffer

and/or die. A prudent establishment would

operate equipment that permits the removal of

live birds from the production line in the event of

a line stoppage, and would remove live birds from

the line in the event of prolonged line stoppage. 

In the event of a malfunction of the automatic

neck cutter, a prudent establishment would

monitor the entrance of the scalder to prevent live

birds from entering the scalder. Live birds that

enter the scalder due from drowning. 

Establishment management is encouraged to

review Federal Register Docket No. 04-037N

(dated 11/28/05) for FSIS recommendations

concerning the treatment of live poultry before

slaughter. The establishment is strongly

encouraged to abide by good commercial

practices. Respectfully, 

 CC

 

 Dr.

(b) (6) (b) (6) (b) (6)
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Gregory Brookhouser, Deputy District Manager 

*Summary of previous related GCP MOIs: On

April 26th, 2018, a similar incident occurred in

which birds were left suspended in the shackles

for approximately 1 hour. This was documented in

GCP MOI #IKB02180453261. On July 25th, 2017,

a similar incident occurred in which birds were

left suspended in shackles in or near the stunner

during a prolonged line stoppage. This was

documented in GCP noncompliance record

#IKB3219072625N/1. On April 25th, 2017, a

similar incident occurred in which birds were left

suspended in shackles in or near the stunner

during a prolonged line stoppage. This was

documented in GCP MOI #IKB5818050025I.

25 P529 Pilgrim's Pride Corporation ODE27061

21327G

27DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized On Saturday, December 22, 2018, at

approximately 11:30am while conducting a Good

Commercial Practices task I found a large pile of

dead on arrival (DOA) birds in the DOA bin. I

notified

. He immediately started to remove the

DOA birds from the bin. More DOA birds kept

coming from the hanging shack. There were so

many DOAs that the chute leading to the

conveyor was clogged up with DOAs and the Lead

had to manually remove them. Mixed in with

these DOA birds was approximately 20 live birds.

The total number of DOAs from this single truck

was 313. The truck before this had five DOAs. The

two trucks after this truck had 39 and four DOAs

respectively. The truck with 313 DOAs was held in

the establishment during the 33 minute lunch

period. The DOA birds were warm to the touch.

The likely cause of the high number of DOA birds

was overheating of the birds in the establishment

during the lunch break.

(b) (6)
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60 P533 Hain Pure Protein Corporation - FreeBird

East

AKB500811

0114G

14NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P533, Hain Pure Protein, November 13, 2018,

0800 hours. In attendance: 

and . 

At approximately 1400 hours on 11/12/2018,

while observing conditions in the stun/kill/picking

area in the poultry receiving department, I

observed three birds on the picking line to be

breathing by the scalder entrance, all three of the

birds appeared awake and alert - eyes open, with

their heads at a slight horizontal angle instead of

vertical. Two of the birds entered the scalder.  The

third I pointed out to the backup neck cutter and

he pulled the bird from the line before entering

the scalder. I summoned to notify

him of this finding.  immediately went

to the kill blade to look at the cuts to the birds. 

All cuts applied to the birds appeared effective. 

There was also a barrel by hot rehang that was

about full to the top and appeared to be mostly

cadavers. This Lot(3B) had 7 cadavers documented

on the postmortem insepction lot tally sheets.    I

noticed the establishment employees working the

hot rehang belt changing thelive receiving line

speed when their belt becomes full. This is done

at the employee’s discretion which could have an

indirect result of shortened bleed out time. Also

during this time a larger than normal percentage

of birds showed signs of broken wings including

compound fractures.  I observed the live hangers

and they were handling the birds appropriately. 

 thinks the broken wings may be a

possible catching issue among the different

crews.  He stated he will look into it further

 stated that normally there is an employee

positioned between the entrance of the scalder

and the blood tunnel that removes the birds from

the line that are still breathing. The establishment

was short staffed yesterday and unable to place

an employee in that position.   stated

he will always try to have an employee there in

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

(b) (6)

(b) (6)
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the future.  In regards to line speed 

stated that the line speed is changed to match the

evisceration line i.e. if the evisceration line is

slowed down or stops the picking line is slowed

down to avoid congestion of birds in the area. 

Following the incident I timed the line at 1minute

45 seconds which was allowing proper bleed out. 

9 CFR 381.65(b) requires that  poultry will be

slaughtered in a manner that “will result in

thorough bleeding of the carcasses and ensure

breathing has stopped prior to scalding”. I

reminded that the PPIA and Agency

regulations require that live poultry be handled in

a manner that is consistent with good commercial

practices and that they not die from causes other

than slaughter. I recommended that 

review Federal Register Notice Vol. 70, No. 187,

published September 2005 [Docket No. 04–037N]

for FSIS recommendations concerning treatment

of live poultry before slaughter and provided him

a copy of this document. I notified 

that this MOI will be forwarded to the District

Office and the District Veterinary Medical

Specialist (DVMS) in case additional follow-up is

recommended.

(b) (6) (b) (6) (b) (6) (b) (6)
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25 P544A Jennie-O Turkey Store Sales KXJ040411

1614G

14NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Shortly after the shift began there was a carcass

that was hung back by the food inspector because

there was a large bruise involving one thigh and

breast on the same side of the bird.  A few

minutes later there were two more such birds

hung back by the food inspector.  Awhile later

there was a fourth such bird hung back by the

inspector.  I notified and

.  All

four carcasses had a large amount of frank blood

between the skin and the surrounding muscles,

indicating that the injuries were sustained prior to

death. Plant management explained that they

believed that the injuries occurred during the

process of loading the birds onto the trucks for

the trip in to the plant.  ,

speaking from experience at loading turkeys, has

explained how there can be pinch points between

the loaders and the cage frames on the truck

trailers.  He also said that there has been a lot of

attrition in the loading crews, and that there are a

lot of new people doing the loading.  He took

photographs and said he would email them to the

manager overseeing the loading crews.  I

requested that he ask for an investigation, not just

into how the injuries happened, but what will be

implemented to prevent recurrence.

(b) (6) (b) (6) (b) (6)
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25 P544A Jennie-O Turkey Store Sales KXJ300412

2521G

21DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 20:25, while I was outside doing

ante mortem inspection on the first lot of turkeys,

I heard a truck that was pulling into the live hang

bay behind another truck that was empty and

pulling out of the live hang bay honk its horn

several times.  That is normally a signal that the

trailing truck driver uses to alert the personnel

inside the live hang bay that there is a live turkey

on the floor of the live hang bay that needs to be

retrieved before it gets run over.  So I went

directly inside and saw a squashed turkey carcass

laying on the floor at the bottom of the steps by

the driver's side of the trucks.  The carcass had the

inside of the entire thigh and its corresponding

breast meat exposed through a large tear in the

skin.  The exposed poultry meat had steam

coming off of it, indicating that it was still plenty

warm and had just died moments earlier. I looked

for the , and

found him in the kill room manning the manual

cutting of necks on carcasses that were missed by

the automatic neck cutter.  I told him there was a

bird that had just been run over.  I then went

upstairs and asked to call

 let

him know that I needed to meet with him. At

about 22:40 and I were able to

have our meeting and discuss the issue.  I

explained to him that this was the first instance of

a bird being run over that I had seen since the

plant installed the longer brushes between the

mezzanine platform and the trucks, and that there

has been a significant decrease in the number of

birds that have fallen onto the live hang bay floor

since the installation of the longer brushes.  The

longer brushes seem to be effective at preventing

birds from slipping off the truck trailer or the

mezzanine platform and falling through to the

floor.  Nonetheless, plant personnel must still

check for birds on the floor before every empty

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

(b) (6)

(b) (6)
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truck pulls out of the live hang bay, lest a bird that

is on the floor gets run over.
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90 P548 JCG Foods of Alabama, LLC WYI250910

5501G

01OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized To: John Edwards/ Plant Manager P-548 From:

 Subject: Poultry

Good Commercial Practices Date: 09/27/2018 

On September 27, 2018 at approximately 5:57

am hour, I observed less than Good Commercial

Practices while performing an Ante-Mortem

Inspection and Good Commercial Practices

verification task at P-548, a NPIS poultry

establishment. I observed a live uncut bird at

approximately 5:57 am hour about 6 ft before

entering scald vat on picking line #2.  This  bird on

picking line #2  had passed by the back up

killer ( person responsible to make sure necks are

cut that kill machine misses) with its head raised

vertically, neck arched, eyes exhibiting normal eye

movements, and displaying an increased

breathing pattern. I immediately stopped the line

and notified

& 

 to have bird removed from line. The

bird was completely conscious and neck had no

cuts from kill machine (machine that makes a cut

in neck for bird to properly bleed out) or back up

killer. I restarted line only after corrective actions

were initiated and bird was removed from line by

plant management. It is reasonable to conclude

that had I not intervened, the live bird entrance

into the scald vat was imminent. There were no

more interventions “in place” past the back up

killer.  It is pertinent to add, as of May 2013, JCG

Foods of Alabama provided the additional process

forethought to provide a process for personnel to

intervene and prevent birds entering the scald vat

alive and dying by means other than slaughter.

Line stoppage devices were installed on both lines

to accommodate these circumstances. As per

Federal Register Notice Docket No. 04-037N

dated September 28, 2005, Treatment of Live

Poultry before Slaughter, states that under the

Poultry Products Inspection Act (PPIA) and Agency

(b) (6)

(b) (6)(b) (6)
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regulations 9-CFR 381.65(b), live poultry must be

handled in a manner that is consistent with good

commercial practices. In order to ensure that

poultry is handled and slaughtered in a manner

that is consistent with good commercial practices,

poultry should be treated in such a manner as to

minimize excitement, discomfort, and accidental

injury throughout processing. Additionally, the

Poultry and Poultry Product Inspection Act states

within (21USC 10 453 (g) (5)), “For the purpose of

this chapter... The term “adulterated” shall apply

to any poultry under one or more of the following

circumstances (5) if it is, in whole or in part, the

product of any poultry which has died otherwise

than by slaughter.” A copy of this Memorandum

of Interview will be forwarded to appropriate

personnel in Jackson District Office. Respectfully

submitted on September 28, 2018

(b) (6)
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25 P579 Jennie-O Turkey Store Sales, Inc. UIO211811

3729G

29NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On 11/27/2018 in the blood tunnel area, I

observed 14 turkeys with injuries of varying

extent, size and location.  All turkeys had torn

skin, and the exposed underlying tissues were still

moist; the feathers surrounding these injuries

were stained with blood.  Some of the injuries on

some of the turkeys also included mutilation of

the underlying tissues.  None of the injuries

described here were associated with scabs or any

other potential indicators of old injuries.   

Between approximately 14:15 and 14:36, I

observed the following 11 turkeys:   Turkey #1

had an approximately 2 x 2 inch patch of torn skin

on its middle-back, straddling its dorsal midline. 

Turkey #2 had an approximately 6 x 6 inch patch

of torn skin on its middle-back as well as an

approximately 4 x 4 inch patch of torn skin on the

lateral aspect of its right thigh. Turkey #3 had an

approximately 3 x 3 inch patch of torn skin over

its hips, straddling its dorsal midline. Turkey #4

had torn skin and mutilated muscle over most of

its left thigh, lateral aspect, extending proximally

to include the left hip. Turkey #5 had an

approximately 6 x 8 inch patch of torn skin over

its right breast, and the underlying muscle was

damaged and hemorrhagic. Turkey #6 had an

approximately 3 x 6 inch patch of torn skin over

its shoulders, straddling its dorsal midline. 

Turkey #7 had an approximately 4 x 6 inch patch

of torn skin on its middle-back, straddling its

dorsal midline. Turkey #8 had an approximately

3 x 4 inch patch of torn skin on its middle-back,

straddling its dorsal midline. Turkey #9 had an

approximately 2 x 2 inch patch of torn skin on its

hips and an approximately 4 x 6 inch patch of torn

skin on its middle-back, both injuries straddled its

dorsal midline. Turkey #10 had an

approximately 6 x 8 inch patch of torn skin

extending from its right thigh to its middle-back. 

Turkey #11 had an approximately 6 x 8 inch patch
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of torn skin extending from its middle-back to its

shoulders, straddling its dorsal midline.   At

approximately 15:53, I observed the following 2

turkeys:   Turkey #12 had an approximately 2 x

4 inch patch of torn skin on its dorsal midline at

the base of its neck. Turkey #13 had an

approximately 2 x 4 inch patch of torn skin on its

dorsal midline at the base of its neck.   At

approximately 21:07, I observed the following

turkey:   Turkey #14 had an approximately 4 x 6

inch patch of torn skin on its dorsal midline at the

base of its neck.   I spoke with 

, who reported that the overhead belt

in one of the incline sections of the conveyor

system was slipping, leading to clogs of turkeys

and the subsequent injuries.  An employee was

placed to observe the belt for these slippages, and

a new belt will be installed the evening of 11/29

after production.  Employees were coached to be

extra vigilant for signs of blockages and to notify

management of any additional injuries.

(b) (6)
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40 P584 Pilgrim's Pride Corporation QLM38021

04105G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 4, 2018 at approximately 2245 hours

while conducting a Good Commercial Practices

task, observed two bird carcasses

wedged into a gap right before the drop from the

top bird dump belt to the lower bird dump belt

that conveys the birds into the Live Hang

Department in the location of the East Bird

Dumper.  This area was previously identified on

October 3, 2018 for the same issue; a live bird

was observed wedged into the gap.  The Dump

Operator was notified in order to remove the

bird.  At that time was

shown the issue and called establishment

maintenance, who placed a in the

area to correct the issue. The bird was also

removed.  On October 4, 2018 the Line 2 Picker

Line was stopped to cease the belt rotation and

allow the Live Hang Supervisor to free the birds. 

He was unable to free the birds and called

maintenance over to adjust the guard and

attempt to lessen the gap.  The guard placement

on October 3, 2018 did not prevent the issue from

reoccurring again on October 4, 2018.  The

affected birds were removed from the gap.  On

further inspection they appeared to be DOA

carcasses that were pulled apart in the gap

exposing the inner cavity of the bird.   The bird

identified on October 3, 2018 was a live bird; this

correlation demonstrates the gap creates an area

of concern that can lead to the accidental injury

or death by a means other than slaughter for

poultry presented at the official establishment . 

,

, and

 were notified

of the concern with Good Commercial Practices. 

Corrective Action: Establishment maintenance

realigned the and removed the two

carcasses. Preventive Measure:  Maintenance

stated that they would look for a more permanent

(b) (6) (b) (6) (b) (4) (b) (6) (b) (6) (b) (6) (b) (4)
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solution to prevent the issue from reoccurring

over the weekend. The East Line Dumper was

released at 2306 hours. It is important to treat

poultry in a way that minimizes accidental injury

and/or death.  Employing humane methods of

handling consistent with Good Commercial

Practices can help produce an unadulterated

product.  Copies of this Memorandum of

Interview (MOI) will be distributed to the

establishment, inspection file and District

Veterinary Medical Specialist per FSIS Directive

6100.3. Documented by 

40 P584 Pilgrim's Pride Corporation QLM59041

02531G

31OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 31, 2018 at approximately 0410

hours while performing the Poultry Good

Commercial Practices task, the following issue

was noted: two live chickens were observed in the

yellow condemn barrel by the stairs where the

DOA severed heads are condemned.  An

establishment employee was informed of the live

chickens in the barrel and the chickens were

removed.  I notified 

 of the issue, he informed me that the

chickens had climbed the stairs and fallen into the

condemn barrel.  He stated that the barrels are

checked before they are dumped to ensure no live

chickens are present in the barrels.  I discussed

with him the importance of keeping live chickens

out of the condemn barrels.  informed

me that the condemn barrel has been moved

away from the stairs to prevent live chickens from

falling in.   Documented by 

(b) (6)

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

(b) (6)
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15 P6164A Foster Farms OIJ191110

0508G

08OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On October 8, 2018, I, , while

conducting a routine Good Commercial Practices

(GCP) inspection task, observed egregious,

deliberate mistreatment of poultry. At

approximately 0732 hrs, under the live dump

shed, while observing the disposition (by the

forklift operator) of a module’s unopened cell of

birds not dumped (approximately 15-20 birds), I

noted that the cage dump alarm had been buzzing

for a long time (approximately 60 seconds). 

Looking toward the cage dump platform, I

observed that the alarm was due to the cage

dump operator being away from his console and

‘fishing out’ a bird (with a hooked steel rod) from

a fully tilted cage module.  After another

approximately 20 seconds, the operator returned

to the operation console without successfully

removing the bird. To verify that the incarcerated

bird would be humanely removed, I walked over

to the other side of the cage dump apparatus.  I

then observed as the cage operator tilted the

module back up level and moved it away from the

dump chutes so that the live bird—which had

been crushed and pinned at the hip between the

steel module and steel chute—was freed. 

However, instead of now humanely removing the

bird, the operator rolled into place a second

module and smashed the bird a second time

between the module and chutes.  I immediately

called (across the belt pit) to the operator to halt

the system; however, although apparently hearing

me and seeing my hand gesture across the throat

to stop, the operator did not halt the operation. 

Looking around I observed 

, coming out of the break room. I

called him over and quickly explained what was

happening, asking him to immediately halt the

dump operation.  did not halt the

operation; instead, he gestured to the operator

toward the bird and gestured to me to observe

(b) (6)

(b) (6)

(b) (6)
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the operator to attend the problem.  The operator

however tilted the [second] cage module, flipping

open the cage’s cell door on top of the smashed

bird, and tumbling out a whole cell’s full of birds

on the top of the injured bird. I again demanded

to that the operation be halted, but

 appeared not to hear me.   At this

time, approximately 0737 hrs, the dump operator

tilted up the second module and withdrew it

away from the chute.  When the module was

pulled away, the operator removed the injured

bird, now covered in a dark liquid, limp and

moving slowly, and dropped it into the belt pit. 

 stated that the bird was removed

and that he would dismiss the employee from

operating the cage dump, and that the problem

would be solved.  I informed that

the event was an egregious GCP violation and that

it would be documented in a GCP MOI. In

accordance with agency directive, because there

was no loss of process control (i.e. only one bird

was involved), the production was not further

halted and the event could not be documented as

a GCP noncompliance (NR).  At approximately

1125 hrs, I met with and

advised him that preventing the mistreatment of

poultry decreases the chances of adulterated

carcasses..  I further reminded him that the PPIA

and Agency regulations require that live poultry

be handled in a manner that is consistent with

good commercial practices and that they not die

from causes other than slaughter.  I further

recommended that establishment supervision

review Federal Register Notice Vol. 70, No. 187,

published September 2005 [Docket No. 04–037N]

for FSIS recommendations concerning treatment

of live poultry before slaughter.  I provided a copy

of this document to and notified him

that the MOI will be forwarded to the District

Office and the District Veterinary Medical

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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Specialist (DVMS) in case additional follow-up is

recommended.  replied that whenever

an issue of GCP or mistreatment of birds arises,

then operation should immediately halt until the

issue can be satisfactorily resolved. This MOI is

associated with a GCP NR of September 13, 2018,

which in turn is associated with four other MOIs

this calendar year, documenting

mistreatment—albeit otherwise unintentional—of

poultry at this establishment.

(b) (6)
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90 P6504 Peco Foods, Inc. CHK26081

00126G

26OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized At 08:35 on October 24, 2018, 

 observed less than Good Commercial

Practices (GCP) while performing

Antemortem/GCP/Mishandling verification at

P6504, Peco Foods in Tuscaloosa, AL

 observed that the live cage dump operator

was dumping chickens without allowing time for

the previously dumped birds to be moved forward

on the conveyor.  This caused chickens to be piled

on top of each other, which is not in line with

good commercial practices.  She notified

 responded that the chickens were too

big, and the cages were loaded heavier than

usual.  advised that the

operator needed to allow more time between

cage dumps in order to prevent potential for

harm.  did not verbally offer any

corrective or preventive measures in response to

this incident.  However, observed the

area on one later occasion and found that the

dump operator was correctly allowing space

between each cage on the conveyor.  Also, when

 arrived at the plant and

performed a Antemortem/GCP/Mishandling

verification, there were no further issues

observed. Federal Register Notice Docket No.

04-37N dated September 28, 2005, "Treatment of

Live Poultry Before Slaughter" states that under

the Poultry Products Inspections Act (PPIA) and

Agency Regulations, all establishments engaged in

the slaughter of poultry to make every effort to

treat poultry humanely and abide by Good

Commercial Practices. cc: 

 

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

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

(b) (6)

(b) (6)
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90 P6510 Peco Foods Inc WED36141

15827G

27NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Today, November 26th, 2018, at approximately

1815 hours, the following series of events was

observed by me, , at P-6510

in Bay Springs, Mississippi: One live bird entered

the scalder. The bird was hanging by one leg,

looking around, and appeared to be bright and

alert. I proceeded from the scalder entrance,

where I had observed the bird, to the head-puller

that is located immediately after the last picker. I

saw a bird come out of the picker; it was bright,

cherry red, and the head was swollen. There did

not appear to be a cut on the neck. I asked a

nearby employee to remove the bird from the line

so that I could show it to establishment

management. The employee removed the bird

from the line, but the head came off in the

head-puller. I showed the carcass to 

. I proceeded to

the live hang area with 

 I stated that a large

number of birds appeared to be hung by one leg.

 addressed the issue with the live hang

employees and the number of birds hung by one

leg dramatically decreased. Birds that enter the

scalder alive die by drowning. Establishment

management is encouraged to review Federal

Register Notice Docket No. 04-037N (dated

September 28, 2005) for FSIS recommendations

concerning treatment of live poultry before

slaughter. Establishments are strongly encouraged

to abide by Good Commercial Practices. 

Respectfully,  

 CC: 

 

 Dr. Gregory Brookhouser, Deputy

District Manager 

(b) (6)

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

(b) (6)

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90 P6666 Koch Foods of Gadsden, LLC GQH11221

25411G

11DEC2018 04C05 Poultry Good

Commercial

Practices

Open 12/10/18 2:55 am While conducting the good

commercial practices task, I observed 2

deficiencies. First, on a tractor trailer bed of

empty cages, there were 2 birds left inside after

the dumping process had occurred. Second, when

I entered the live hang area, there were

mortalities in the lot and I observed both dead

and live birds in the condemn barrel.  On the back

lot, I immediately notified the folk lift driver about

the remaining birds and he stopped to retrieve

them. In the live hang area, I immediately notified

the attendant in the area who retrieved the live

birds and euthanized them. I then went into the

office to talk with the 

, and informed him of the

seriousness of the 2 issues concerning

unnecessary suffering. I then went to evisceration

to notify his , about the

situation. is serving on the animal

welfare committee at Koch Foods. Establishment

management is encouraged to review Federal

Register Docket No. 04-037N (dated 11/28/05)

for FSIS recommendations concerning the

treatment of live poultry before slaughter. The

establishment is strongly encouraged to abide by

good commercial practices. Respectfully

submitted, 

(b) (6)

(b) (6) (b) (6) (b) (6)
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35 P7101 Tyson Foods, Inc. LUC120310

5317G

17OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On 10/10/2018 at approximately 2213 hours,

while I was performing an Ante-mortem and Good

Commercial Practices task, I observed a live bird in

the DOA bin in the live haul area.  I stopped the

forklift drivers from unloading any more cages

and immediately rushed into the live haul office

to find .  I

informed him that there was a live bird in the

DOA bin.  We went to the DOA bin, where

 removed the bird and rummaged through

the dead birds to assure that no other live birds

were present.  The live bird appeared to be

healthy, clean and unharmed.  There was another

bird, not far from the DOA bin, on the catwalk

below the dumper cage.  This bird appeared to be

in a similar condition as the bird from the DOA bin

was in.  had stated that he had

suspected that the cage that the birds were in had

a defect and the birds had fallen out into the DOA

bin and onto the catwalk.  The bird that was in

the DOA bin did not have the red dye on it that

the dead birds did.  I informed that

even if the bird had fallen out of a cage and into

the DOA bin that the team member that was

throwing the DOAs from the live hang window

should be periodically monitoring for live birds in

the bin.  I also informed that I would be

issuing an MOI for the incident.  I recommend

that review the Federal Register on the

Treatment of Live Poultry before Slaughter.

(b) (6)

(b) (6)

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35 P72 Tyson Foods, Inc JPJ320312

5610G

10DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 0125 on 12/10/2018 I entered

the picking area and observed conditions well

over the establishment limits for loose birds on

the hanging pen floor. There were roughly 25 or

more live birds in a large pile to the side of the live

hang belt and live hangers were steadily adding

live birds to this pile. These birds were stacked on

top of each other and could not move creating

conditions that could cause injury or suffocation. I

notified and 

 took action to prevent possible

injury or suffocation by stopping further killing

until all live birds were removed from the floor. I

was informed by the supervisor that the excessive

number of birds was due to the size of these birds

being too small for proper killing if hung on the

line. This incident could have been prevented had

action been taken sooner.

(b) (6)(b) (6)
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90 P7485 Wayne Farms LLC QBM43221

13507G

07NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At 2200hrs, while doing an Ante mortem check, I

observed in live hang a pile of birds ~ 2 feet up

from the floor. There was a pile of DOA birds, live

birds, and weakened live birds lying in the midst

of debris and bird feces on the floor at the end of

the conveyor belt. I saw two plant personnel

clearing out the pile of birds and even putting

some back to hang on shackles from those that

were DOAs and weakened, although it was not

sufficient enough to keep up with the constant

moving of more birds falling onto the floor. I took

regulatory action by instructing the live hanging

personnel to stop hanging immediately until all

live birds were removed from the floor. 

 stops their line until

they were back in compliance. I informe

and

, of the MOI that

will be written. I also explained to them that

handling the birds in this manner, by allowing

birds to suffocate while lying in heavy debris

without immediately removing them in enough

time from the waste and clutter causes

discomfort, stress, and even unnecessary death

was not exemplifying good commercial practices. 

According to Federal register Docket # 04-037N,

Agency regulations do require that live poultry be

handled in a manner that is consistent with good

commercial practices, and that they not die from

causes other than slaughter.

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

(b) (6)
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90 P7487 Koch Foods, LLC SPG050611

1413G

13NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized On Monday, November 12, 2018, at

approximately 09:15 A.M., I 

 elected to perform the good commercial

practices check, and observed the following in the

picking room. I was standing between the wall

and at the entrance of the 140 scalder.I observed

a live chicken with arched neck, blinking eyes; no

cut to the throat entered the scalding tank. I

retrieved the chicken at the re-hang table after it

exited from the picking room. The chicken was

showing all sign of cadaver. The finding was

shown to plant superintendent Mr. Kevin

McClendon. I informed plant superintendent that

finding was not in compliance with poultry

inspection regulation 9CFR 381.65 (b). The

regulation states poultry must be slaughtered in

accordance with good commercial practices in a

manner that will result in thorough bleeding of

the carcasses and ensure that breathing has

stopped prior to scalding. As per Federal

Register Notice docket No 04-037N, dated

September 28, 2005,”Treatment of live poultry

before slaughter” the USDA food safety inspection

service strongly encourages all establishments

engage slaughter of poultry to make every effort

to treat poultry humanely abide by the good

commercial practices as described by industry

guidelines . The compliance with these

requirements helps ensure that poultry treated

humanely. Plant response: (1) The employee was

coached proper killing technique.                          

(2) A person added to the line until the end of the

shift. NOTE: NOTE: I am finalizing the MOI,

because the plant response button is not

functioning. I addressed the issue with " foot

print" and the response was , it is a global issue

working on it. the problem has not been resolved

yet. P-7487, Koch

foods of Chattanooga cc: 

(b) (6)

(b) (6) (b) (6)
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 Chattanooga circuit, District Jackson.       

, Jackson District

(b) (6) (b) (6)
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90 P7487 Koch Foods, LLC SPG110611

3615G

15NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Onn Tuesday, November 13, 2018, at 2:25 P.M., I

 elected to perform the

good commercial practices check. The 

was in the

140 killing area. I observed the following in the

picking room. I was standing at the entrance of

the 140 scalder. I observed a live chicken with

arched neck, blinking eyes; no cut to the throat

entered into the scalding tank I notified

, who was in the killing room that I

observed a live chicken entered into the scalding

tank. I notified plant superintendent Mr. Kevin

McClendon that I observed a live chicken enter

into scalding tank. This morning I discussed with

the management about the cadaver issue on 140

picking line. I informed plant superintendent that

finding was not in compliance with poultry

inspection regulation 9CFR 381.65 (b). regulation

states “poultry must be slaughter in accordance

with good commercial practices in a manner that

will resulting through bleeding of the carcasses

and ensure that breathing has stopped prior to

scalding.” As per Federal Register Notice docket

No 04-037N, dated September 28,

2005,”Treatment of live poultry before slaughter”

the USDA food safety inspection service strongly

encourages all establishments engage slaughter of

poultry to make every effort to treat poultry

humanely abide by the good commercial

practices as described by industry guidelines . The

compliance with these requirements helps ensure

that poultry treated humanely. Plant response:

(1) At the time of finding employee disciplined

and removed from the job.                           (2) The

employee was replaced with the new employee. 

NOTE: NOTE: I am finalizing the MOI, because the

plant response button is not functioning. I

addressed the issue with " foot print" and the

response was , it is a global issue working on it.

the problem has not been resolved yet. Sincerely

(b) (6)

(b) (6) (b) (6)
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 P-7487 Koch Foods of

Chattanooga 1826 Cappella Street 

Chattanooga, TN 37408 P.NO (423)266-2950 

Fax (423) 266-1514 cc: 

, Chattanooga, TN. District Jackson       

, District Jackson

(b) (6)

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90 P758 Tyson Foods, Inc ILK481210

5611G

11OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 1117 hours on October 11,2018

while performing the Good Commercial Practices

and Ante Mortem verification task, the following

was observed outside of live receiving in the DOA

vat. One live chicken was seen standing on top of

DOA birds. The live bird had a light colored green

denaturant on it. The DOA (blue) vat is large, full

almost to the top with DOA, water and

denaturant.  and 

 were present and observed findings and that

a GCP MOI would be issued and forwarded to the

District Office . A plant Employee immediately

removed the bird. Complex Manager Mr. Les

Nemec,  and

 discussed that the

live bird shouldn't have been in the DOA vat and

it's possible it jumped into it off the

dump cage belt. The establishment is responsible

for ensuring that birds under their control on the

official premises are treated in a humane manner

that will minimize excitement ,discomfort ,injury

and/or death by means other than slaughter. As

per Federal Register Notice Docket No.04-037N

dated September 28,2005,"Treatment of Live

Poultry before Slaughter", the Food Safety

Inspection Service (FSIS) strongly encourages all

establishments engaged in the slaughter of

poultry to make every effort to treat poultry

humanely and abide by Good Commercial

Practices (GCP) as described by industry

guidelines. A copy of this Memorandum of

Interview will be forwarded to appropriate

personal in the District Office 

 

 

(b) (6)

(b) (6)

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

(b) (6)

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90 P758 Tyson Foods, Inc ILK071912

4305G

05DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 1648 hours on December 05,

2018 while performing the Good Commercial

Practices and Ante Mortem verification task, the

following was observed outside of live receiving

in the DOA vat. One live bird was seen inside the 

DOA  Vat . The live bird had a light colored green

denaturant on it. The DOA (blue) vat is full

almost to the top with DOA, water and

denaturant. and

 were immediately notified by radio

concerning this issue. The  

came to the DOA vat  and observed

findings until the Supervisor arrived and was

notified that a GCP MOI would be issued and

forwarded to the District Office . A plant

Employee immediately

removed the bird. The establishment is

responsible for ensuring that birds under their

control on the official premises are treated in a

humane manner that will minimize excitement,

discomfort ,injury and/or death by means other

than slaughter. As per Federal Register Notice

Docket No.04-037N dated September

28,2005,"Treatment of Live Poultry before

Slaughter", the Food Safety Inspection Service

(FSIS) strongly encourages all establishments

engaged in the slaughter of poultry to make every

effort to treat poultry humanely and abide by

Good Commercial Practices (GCP) as described

by industry guidelines. A copy of this

Memorandum of Interview will be forwarded to

appropriate personal in the District Office. CC

        DM Larry Davis        

               

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

(b) (6)

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

(b) (6)

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80 P764 Perdue Foods, LLC CUA44061

21926G

26DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized Memorandum of Interview 

                                                                                     

                                                                          

December 26, 2018 

                                                                                     

                                                                          

Perdue Foods, LLC 

                                                                                     

                                                                           P-764

                                                                                     

                                                                          

Salisbury, MD Attendees:                

,

Perdue Foods, LLC                

 USDA, P-764 A meeting was held at

0746 hours in the USDA Veterinarians' Office,

Perdue Foods, LLC in Salisbury, Maryland.  I

identified myself as 

 acknowledged that he understood my

official capacity through our conversation. The

topic of discussion was a poultry welfare concern

that I observed this morning while conducting the

poultry good commercial practices check in the

receiving department.  At approximately 0710

hours while conducting ante mortem examination

of birds in cage banks (that were sitting on the

ground and not the truck) on side 1, I observed a

single bird with its foot/leg caught between the

cage and the cage housing at the top.  The bird

was alive and lying on its back.  Another bird in a

different cage had its head sticking out of a hole

in the center of the cage wall.  At the time of

the observation, I notified

 and showed him the

poultry welfare concerns.  He immediately had

the cage bank lowered so that he could open the

cage door and release the bird's trapped leg.  He

(b) (6)

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

(b) (6) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 142

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

took note of the hole in the cage wall. I reminded

 that the Poultry Product Inspection

Act and the Agency regulations require that live

poultry be handled in a manner that is consistent

with good commercial practices.  I notified

 that this MOI will be forwarded to the

District Office and the District Veterinary Medical

Specialist (DVMS) in case additional follow-up is

recommended.

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 143

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

35 P768 Tyson Foods, Inc. BFC011310

5911G

11OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized On Thursday, October 11, 2018, I 

conducted a formal interview regarding three live

birds being found in a tote used for disposing

dead birds/carcasses. The MOI commenced at

1203 hours and involved establishment personnel

, , and 

 and USDA personnel . I

informed attendees that at 1138 hours, while

performing Good Commercial Practices, I

observed a live bird covered in denaturant in one

of the three large white totes (used

for DOAs, euthanized birds,

disposed carcasses, and litter/debris) located

between the dumping station and feather/offal

truck area. I immediately told 

; and he and another establishment

employee thoroughly searched through the tote.

There were two additional live birds covered in

denaturant found in the tote. All three birds were

promptly euthanized. informed me

that he would speak with a new establishment

employee in live hang regarding this incident; and

I saw him soon afterwards discussing with an

employee near the tote. I rechecked the tote and

checked a second white tote containing

denatured dead birds, and I did not see any

further live birds. I informed attendees that

finding live birds in the tote was unacceptable in

accordance with expectations of Good

Commercial Practices (9CFR 381.65(b)), it

warranted a formal interview and Memorandum

of Interview (MOI), and that I would need to

provide a copy of my MOI to my 

, who would provide this

information to our for

review (in accordance with Directive 6100.3:

Ante-Mortem and Post-Mortem Poultry

Inspection and Notice 44-16). I also told attendees

this was the first time I had seen live birds in a

container meant for disposing dead

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

(b) 

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 144

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Task

Code TaskName Status MOI Agenda

birds/carcasses at this establishment. The

interview was concluded at 1206 hours.
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 145

Dist

rict EstNbr EstName MOINbr Date

Task

Code TaskName Status MOI Agenda

80 P806 Tyson Foods, Inc. OGC21191

03105G

05OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Est. P806, Tyson Foods, Inc.   October 5, 2018

1440 hours. In attendance: 

; 

. At approximately 22:43

hours on October 4, 2018 on the second shift the

following was observed. When I entered the

evisceration rehang area the last birds for the shift

were being transferred from the rehang belt and

hung onto the evisceration lines. The tank at

rehang, which is used by the plant to discard

birds, was noticed to be approximately

three-fourths full with birds. On the top layer

several birds were observed where the entire skin

was dark red, the neck was dark red and engorged

with blood and the head (dark red) was still on

the birds. On closer review it was observed that

there was no slaughter cut on the neck of these

birds and I found a total of nine of these birds. In

addition there were four birds in the tank where

the entire skin was dark red, the necks were red

and engorged with blood but the head had been

pulled from three of these carcasses, and was

partially pulled off from the fourth carcass. These

observations are consistent with a cadaver carcass

as the birds did not have a proper slaughter cut,

were not thoroughly bled and thus did not die by

means of slaughter. In general these birds

appeared to be smaller in size than most of the

birds during the shift, and at the end of the shift

the plant did switch to and finish on a final lot,

different grower, that consisted of only

approximately five hundred birds. I requested 

 to come to the rehang area and I

reviewed these carcasses with him noting the lack

of a slaughter cut. called for 

, to come

to rehang where he also observed these carcasses.

At this time, thought was that there

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

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 146

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Task

Code TaskName Status MOI Agenda

may have been birds that stayed on the outer

receiving belt and then they were hung late from

the live hang belt onto the kill line(s).   The

following afternoon I then met with upper

management officials consisting of 

 and 

 I informed them of my observations

in the evisceration rehang area at the end of the

shift the previous night and that both 

and were present to observe these

carcasses. I discussed with and

 the requirement that live poultry be

handled in a manner that is consistent with good

commercial practices and that they do not die

from causes other than slaughter. I informed

 of the Federal Register Notice Vol.

70, No. 187, published September 2005 [Docket

No. 04–037N] that presents FSIS

recommendations concerning  the treatment of

live poultry before slaughter and offered to

provide him a copy of this document

, after performing an investigation on

the matter, then later met with me. He confirmed

the initial opinion that at the end of the shift a

few birds were hung on the kill line late, creating

gaps of empty shackles, and that the back-up kill

personnel were not aware that there were still

some birds coming on the kill line. He stated that

the action to be taken going forward would be

that at the end of the shift a supervisor or lead

person would go to the kill area to notify the

back-up personnel at the time the last birds are

arriving on the kill line and when they can leave

their station. At the completion of our meeting I

provided with a copy of the

Federal Register Notice and informed him that

this MOI will be forwarded to the District Office

and the District Veterinary Medical Specialist

(DVMS) in case additional follow-up is

(b) (6)

(b) (6)

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

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 147

Dist

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Task

Code TaskName Status MOI Agenda

recommended.   Respectfully, 

, Est. P806 Tyson Foods, Inc.

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 148

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Task

Code TaskName Status MOI Agenda

90 P912 Wayne Farms, LLC SVF421710

2308G

08OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized Poultry Mistreatment Memorandum of interview 

Est. P-912, Wayne Farms LLC, October 5, 2018,

18:50 hours, in attendance: 

, ,

 and . At

approximately 1840 hours on Friday, October 5,

2018, while performing Good Commercial

Practices verification (GCP) at the pre-scald check

point, I observed alive bird was about to enter the

scalder. The bird’s head was elevated, eyes were

blinking and carotid arteries were not cut at all.

Immediately I removed the bird from the line.

Since the bird had passed all establishment

intervention steps, it is reasonable to conclude

that the bird would have entered the scalder alive;

had I not removed it from the line. I summoned

 to notify him of the mistreatment

incident. The bird was taken to the kill backup

personnel. Few minutes later I met with

, , and in the

USDA office to discuss the incident. 

attributed the cause to a temporary short of back

up personnel as one of them left his position

uncovered, in order to go to the restroom. He also

indicated measures that will be implemented to

ensure that no such incident will happen again in

the future. These measures included that at no

time during kill operations shortage of backup

personnel will be allowed. I reminded ,

, and , that the PPIA

and agency regulations do require that live

poultry be handled in a manner that is consistent

with good commercial practices and that they are 

not die from causes other than slaughter. I also

advised him that preventing mistreatment of

poultry decreases the production of adulterated

carcasses I recommended that they review

Federal Register Notice Vol. 70, No. 187,

(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) (b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 149

Dist

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Task

Code TaskName Status MOI Agenda

published September 2005[Docket No. 04-037N]

for FSIS recommendations concerning treatment

of live poultry before slaughter. I provided plant

management a copy of this document and

notified them that this MOI will be forwarded to

the district office and the district veterinary

medical specialist (DVMS) in case additional

follow up is recommended. Upon my additional

verifications no further deficiencies as described in

this MOI were observed. Respectfully

 P-912 Wayne Farms LLC CC: Dr.

Gregory Brookhouser, DDM 

 

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 150

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Task

Code TaskName Status MOI Agenda

90 P912 Wayne Farms, LLC SVF312211

1220G

20NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized Poultry Mistreatment MOI Est. P-912, Wayne

Farms LLC, November 20, 2018, 2215 hours, in

attendance: , 

, and 

. At approximately

2204 hours, while observing conditions in the live

poultry dumper area I observed live, week young

chicken in the dead-on-arrival (DOA) barrel that is

placed in the area. The barrel was approximately

full of dead birds. The bird was breathing,

encircled by dead birds, feathers, manure and

other kind of debris.  I summoned to

notify him of this finding. immediately

went through the DOA barrel and removed the

live bird and elected to euthanize it, due to its

weakened state by cervical dislocation. At

approximately 2215 hours I met with 

and  in the USDA office to discuss the

incident. They indicated that the incident will be

 investigated  and will provide a response that will

address the cause of the incident and the

necessary preventive measures that will be

implemented to ensure that no such incident may

 happen again in the future. I reminded

, and   , that the PPIA and

agency regulations do require that live poultry be

handled in a manner that is consistent with good

commercial practices and that they are  not die

from causes other than slaughter. I recommended

 that they  review Federal Register Notice Vol. 70,

No. 187, published September 2005[Docket No.

04-037N]for FSIS recommendations concerning

treatment of live poultry before slaughter. I

provided plant management a copy of this

document and notified them that this MOI will be

forwarded to the district office and the district

veterinary medical specialist (DVMS) in case

additional follow up is recommended. Upon my

additional verifications no further deficiencies as

described in this MOI were observed. 

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 151

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Task

Code TaskName Status MOI Agenda

Respectfully P-912

Wayne Farms LLC CC: Dr. Gregory Brookhouser,

DDM 

80 P9197 Perdue Foods, LLC. UAB48131

05801G

01OCT2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 1215 hours while performing

Good Commercial Practices, I noticed five chicken

trailers underneath the holding shed behind the

unloading area without enough fans (maybe one

fan per trailer) and no water misters. Most of fans

are broken and there aren’t any misters at all for

the holding shed. The other shed was filled with

trailers. According to the establishment’s

thermometer outside, the temperature was 75 F. I

observed an increased amount of dead and

respiratory-distressed birds compared to the birds

located underneath the shed with fans and water

misters. I notified and he

notified of the issue.

 stated he would place fire fans around

the shed for the moment. A few months ago, I

observed a similar situation and at that time I

notified and . They removed

the trailers in a timely manner and they placed

fans around the trailers. At approximately 1330

hours, asked if we could

look at the welfare of the birds together. There

were two trailers underneath the shed and I

believe the birds were more in respiratory distress

compared to the previous visit. The fire fans were

not present. I asked can I view the

establishment’s Animal Welfare Program and

after reviewing their program, I determined they

did not following the program.  A copy of this

Memorandum of Interview (MOI) has been sent to

 and .

(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 FOIA2019-142 13:03 Tuesday, February 12, 2019 152

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Task

Code TaskName Status MOI Agenda

80 P935 Allen Harim Foods, LLC. YXA142011

4202G

02NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 1722 hours while providing

breaks on line 1, station 2 I was notified that the

inspector on line 1, station 1 had a cadaver.  Upon

further investigation, I observed the carcass had

the head intact which was red to purple in color

and had not received a cut to the neck. 

 was notified

of the observation of a bird dying other than by

slaughter.  

stated that the cause of the uncut birds was job

performance and the employee would receive

disciplinary action. At approximately 1808 hours

I performed Good Commercial Practice

verification by observing 200 carcasses enter the

scalder, and 200 carcasses at the kill blade.  There

were no live birds observed entering the scalder

and the back-up kill performed a cut to the neck

of all birds not cut by the kill blade. It is

recommended that establishment management

review the Federal Register on “Treatment of Live

Poultry before Slaughter”, published September

2005 for FSIS recommendations concerning

treatment of live poultry prior to slaughter

 was notified that this MOI will be

forwarded to the District Office and the District

Veterinary Medical Specialist (DVMS) in case

additional follow-up is recommended. 

Respectfully, 

Allen Harim Foods, LLC. P-935 Herbeson, DE.

19951

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

(b) (6)

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 153

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Task

Code TaskName Status MOI Agenda

80 P935 Allen Harim Foods, LLC. YXA391311

5309G

09NOV2018 04C05 Poultry Good

Commercial

Practices

Finalized At approximately 1724 hours while providing

breaks on line 2, station 2 I was notified that the

inspector on line 2, station 3 had a cadaver.  Upon

further investigation, I observed the carcass had

the head intact which was red to purple in color

and had not received a cut to the neck. 

 was notified

of the observation of a bird dying other than by

slaughter.  

stated that the cause of the uncut birds was job

performance and the employee would receive

disciplinary action. It is recommended that

establishment management review the Federal

Register on “Treatment of Live Poultry before

Slaughter”, published September 2005 for FSIS

recommendations concerning treatment of live

poultry prior to slaughter.  was

notified that this MOI will be forwarded to the

District Office and the District Veterinary Medical

Specialist (DVMS) in case additional follow-up is

recommended. Respectfully, 

  Allen Harim Foods, LLC. P-935 Herbeson, DE.

19951

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

(b) (6)
Table: MOIs in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 154

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Task

Code TaskName Status MOI Agenda

80 P935 Allen Harim Foods, LLC. YXA012112

2506G

06DEC2018 04C05 Poultry Good

Commercial

Practices

Finalized On 12/4/18, at approximately 1753 hours while

tagging a stainless steel bin of small birds I

observed two whole small carcasses that were

bright red in color with the head intact.  Upon

further investigation the two carcasses had no

bleeding cut to the necks, the facial areas was

swollen and purple in color, as was the necks.  At

approximately 1812 hours 

 was notified of the observation of

birds dying other than by slaughter.  At

approximately 1822 hours I performed Good

Commercial Practice verification by observing 200

carcasses enter the scalder and 200 carcasses at

the kill blade.  There were no live birds observed

entering the scalder and the back-up kill

performed a cut to the neck of all birds not cut by

the kill blade.  

 and were

notified of the observation of birds dying other

than by slaughter.  On 12/4/18 and 12/5/18 I

requested a verbal corrective action from

, however none has been forthcoming. It

is recommended that establishment management

review the Federal Register on "Treatment of Live

Poultry before Slaughter", published September

2005 for FSIS recommendations concerning

treatment of live poultry prior to slaughter

 was notified that this MOI will be forwarded

to the District Office and the District Veterinary

Medical Specialist (DVMS) in case additional

follow-up is recommended. Respectfully, 

 Allen Harim Foods, LLC.

P-935 Harbeson, DE. 19951

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

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 1

EstNbr EstName NR# Date Task TaskName Regs Description Status

P18414 MB

Consultants

LTD

JYI1705

120917

N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) On 12/13/2018 at approximately 13:35, while

performing a routine Poultry Good Commercial

Practices task, I observed the following

noncompliance:  Bird #35 out of 105 checked in

the bleed out loops was still alive.  I retrieved the

bird from the line before it entered the water

vats.  I noted that the bird’s neck had been cut,

but the bird was still alive and alert.  I passed the

bird through the curtains to the live hang area to

be rehung and recut.  I had noticed that the water

in the scalding room was up to the top of my

boots, and I had noticed a few birds floating in the

water.  I reached into the water to pass a few

birds through to live hang for disposal, as I initially

assumed that these were cut birds that had simply

fallen off the line.  As I retrieved the first 2 birds, I

realized that neither of them had been cut, and

both of them had wandered into the room from

live hang.  One of the birds had already drowned,

and the other started to move and take breaths as

it was hanging upside down.  I grabbed a couple

more birds, and both of them started to move and

take breaths as they were pulled from the water.  I

could see other birds floating in the water, and I

could see that some of them were under the

scalding vats and out of my reach.  I realized that

the process was out of control. In accordance

with 9 CFR 381.65(b), Poultry must be slaughtered

in accordance with good commercial practices in

a manner that will result in thorough bleeding of

the carcasses and ensure that breathing has

stopped prior to scalding. Furthermore, in

accordance with 9 CFR 381.1(d)(v) a poultry

carcass is considered adulterated if it has died

other than by slaughter as would be the case with

a chicken that died by drowning in the scalding

vats. As a reminder, our expectation is that all

live poultry should be treated in a manner

consistent with good commercial practices, which

means they should be treated humanely.

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 2

EstNbr EstName NR# Date Task TaskName Regs Description Status

P1241 Tyson Foods,

Inc.

MGJ18

221151

19N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 2205 hours while performing a

poultry good commercial practices task, 

 observed 2 live chickens with no knife cut

on the neck entering the scalding tank within 1

minute of each other.  immediately

notified , of the

finding and of the impending noncompliance

report.  Upon further investigation, 

observed that there was a great disparity in bird

size with several very small birds going down the

kill line.  also observed that several of

these smaller birds were actually missing the

stunner and the kill machine.  Establishment

management had placed 2 back-up killers after

the kill machine, but the 2 back-up killers were

not able to keep up with the number of birds that

had missed the kill machine.  These findings

revealed that the slaughter process was out of

control.  called for maintenance to

adjust the stunner and kill machine, and he

immediately verbally counseled the back-up

killers while they were on the line.  These actions

appeared to be effective because when 

rechecked the process, no live birds were found to

be entering the scalding tank.  (NR# 233)

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 3

EstNbr EstName NR# Date Task TaskName Regs Description Status

P1315 Tyson Foods,

Inc.

ZCB360

911120

6N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) At 0815 hours, during a GCP verification task the

IIC notified 

there were small sized chickens on line one with

improper neck cutting occurring, and there was

concern live birds might be entering the scald

tanks. The IIC removed himself from the picking

room to observe another inspector performing a

sampling task. Once this action was completed

further observations were made of high

percentages of cadavers in the condemn barrels at

the rehang table within the Evisceration

department. The IIC returned to the picking room

and stationed himself at the location in between

the line one campylobacter brushes and the

entrance into the first scald tank for line one at

0834 hours. Two small sized chickens proceeded

down the line entering the scald tank alive. The

birds had diagonal neck cuts that were too

superficial to allow thorough exsanguination prior

to entering the scald tank. The chickens were

breathing rhythmically, flapping their wings, and

tracheal movement was visualized during

inhalation. was in the vicinity of the

entrance to the picking room and was notified a

second time by the IIC at 0836 hours that

improper neck cutting was occurring on line one

allowing live birds to enter the scald tanks. 

 proceeded to the position himself between

the first head and second head pullers on line one,

and began manual decapitation procedures. The

IIC counted nine more live chickens entering the

first scald tank on line one with improper neck

cuts and heads still intact between 0836 and 0840

hours. reported that maintenance would

start adjusting the equipment. During this

discussion the focus transitioned to include

slowing the line speed down to allow more time

for proper exsanguination prior to reaching the

scald tanks. was notified by 

, and became aware of the situation. The line

speed was reduced to 140 bpm as timed by the IIC

CLOSED

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

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 4

EstNbr EstName NR# Date Task TaskName Regs Description Status

at the same location of the picking room line prior

to the scald tanks. Post line speed reduction two

more chickens (0842, and 0845 hours)entered the

scald tank on line one alive due to improper neck

cutting exhibiting rhythmic breathing, wing

flapping, and tracheal movement/gasping. The

establishment still had not provided any

additional personnel within the picking room to

correct the situation beyond . 

was notified of the noncompliance for 381.65

(b) to be issued and was directed to keep the line

speed reduced until the establishment could

regain process control.

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

Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 6

EstNbr EstName NR# Date Task TaskName Regs Description Status

1625 hours. At approximately 1635 hours after

the line # 1 employee finished retraining, line

speed was released back to as well when

her killing was observed effective. The hanging

station and backup killers were rechecked again

and verified compliant with good commercial

practices (GCPs) resulting in thorough bleeding of

carcasses and the cessation of breathing prior to

scalding. The PPIA (21 U.S.C. 453(g)(5)) and 9 CFR

381.90 provide that poultry carcasses showing

evidence of having died from causes other than

slaughter are considered adulterated and must be

condemned. A similar GCP noncompliance for

cadavers occurred on 11/30/2018 with

reference # YDM3705124903N/1. The preventive

measures were not implemented or effective in

preventing recurrence of noncompliance.

(b) (4)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 7

EstNbr EstName NR# Date Task TaskName Regs Description Status

P325 Tyson Foods,

Inc.

YDM34

001229

07N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) Est. P325, Tyson Foods, Inc., Regulation 381.65(b) 

On Thursday, December 6, 2018 at approximately

2115 hours at Est. P325 Tyson Foods Inc., I,

, observed the following

noncompliance of regulation 381.65(b) in the

evisceration department at the rehang table.

While verifying slaughter process control,

following the observation of 2 miscut birds at

approximately 2000 hours on Line 2, Station 2

that were shown to and discussed with 

, 3 non-eviscerated young

chicken cadavers were observed on picking

line # 2 at the rehang table within 5 minutes of

each other. 1 of these carcasses had an

insufficient cut through the eye sockets and the

other had a shallow cut through the skull. Both

carcasses exhibited signs of incomplete

exsanguination with bright to dark red colored

skin and pooled blood in the neck and head area.

1 other carcass had a completely intact head and

neck with bright to dark red coloration in that

region. The uncut body without other signs of

bleeding out or being a dead on arrival (DOA)

indicates this bird entered the scalding vat still

breathing, dying by means other than slaughter.

Poultry that die from causes other than slaughter

or are not physiologically dead because of

ineffective slaughter before they enter the scald

vat and drown are cadavers, which are considered

adulterated product. The repeated occurrence of

cadavers and production of adulterated product

represents a process out of control. 

 was notified of the

noncompliance and shown the cadavers

 asked for corrective actions to which 

 called Maintenance and another Supervisor

to investigate the problem on picking line #2. 

 relayed the importance of making sure the

machinery, automatic knife, and/or backup

cutting plant employees are functioning in a

manner that enable them to meet the

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 8

EstNbr EstName NR# Date Task TaskName Regs Description Status

requirement to slaughter poultry in accordance

with good commercial practices that result in

thorough bleeding which cause breathing to stop

before scalding. While was observing the

slaughter process and investigating the cadaver

incident, slaughter ended for the remainder of the

shift. The incident and investigation were to

continue to be addressed the following day. The

PPIA (21 U.S.C. 453(g)(5)) and 9 CFR 381.90

provide that poultry carcasses showing evidence

of having died from causes other than slaughter

are considered adulterated and must be

condemned. A similar GCP noncompliance for

cadavers occurred on 12/3/2018 with

reference # YDM1723124703N/1. The preventive

measures were not implemented or effective in

preventing recurrence of noncompliance.

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 9

EstNbr EstName NR# Date Task TaskName Regs Description Status

P325 Tyson Foods,

Inc.

YDM37

051249

03N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) Est. P325, Tyson Foods, Inc., Regulation 381.65(b) 

On November 30, 2018 at approximately 0755

hours at Est. P325 Tyson Inc., I, ,

observed the following noncompliance of

regulation 381.65(b) in the eviscerations

department at the rehang table. While verifying

slaughter process control, 3 non-eviscerated

young chickens with intact head and neck were

observed in the condemn barrel at the rehang

table. The uncut necks and no other signs of

bleeding out or being a dead on arrival (DOA)

indicate the birds entered the scalding vat still

breathing, dying by means other than slaughter,

which makes them cadavers and adulterated

product. At 0815 hours, 2 more carcasses with

uncut necks were observed in the condemn barrel

at evisceration line 2.  

, and 

, were notified of the

noncompliance and shown the cadavers. The

repeated occurrence of cadavers represents a

process out of control that results in the

production of adulterated product. At 0824 hours,

the plant was told to utilize a reduce the picking

line speed to   in order to investigate

and implement corrective actions. At

approximately 0848 hours, 1 more carcass with

only a small, insufficient neck cut was observed in

the condemn barrel. At that time, the plant

verbally proffered corrective actions. At

approximately 1035 hours, the hanging station

and backup killer were rechecked and verified

compliant with good commercial practices (GCPs)

resulting in thorough bleeding of carcasses and

the cessation of breathing prior to scalding. After

verifying return to slaughter process control,

regulatory control action was released and line

speed was increased back up to . The

PPIA (21 U.S.C. 453(g)(5)) and 9 CFR 381.90

provide that poultry carcasses showing evidence

of having died from causes other than slaughter

CLOSED

(b) (6)

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

(b) (4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 10

EstNbr EstName NR# Date Task TaskName Regs Description Status

are considered adulterated and must be

condemned. A similar GCP noncompliance for

cadavers occurred on 11/29/2018 with

reference # YDM5105112030N/1. The preventive

measures were not implemented or effective in

preventing recurrence of noncompliance

 00325P

P325 Tyson Foods,

Inc.

YDM37

181013

17N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 1745 hours inspection

personnel observed multiple cadavers (to many to

count) on the production line in the rehang area

of the establishment production line.  Further

investigation and observations confirmed two

additional barrels of carcasses had been removed

from the production line by establishment

personnel previous to USDA discovery.   Carcasses

were reviewed and identified as cadavers by the

absence of a transverse cervical cut and cutaneous

hyperemia (red birds) indicating that the carcasses

had not been exsanguinated before entering the

establishment scalding tank.  Carcasses were

evaluated and confirmed as cadavers.  Live hang

was halted and an additional 38 cadaver carcasses

were identified and removed from the production

line by establishment personnel as the production

lines finished. The observation and findings by

USDA clearly represent a violation of Good

Commercial Practice operating procedures 

Regulation 381.65(b) which states that

poultry must be thoroughly bleed and breathing

has stopped prior to scalding procedures.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 11

EstNbr EstName NR# Date Task TaskName Regs Description Status

P325 Tyson Foods,

Inc.

YDM51

051120

30N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) Est. P325, Tyson Foods, Inc., Regulation 381.65(b) 

On November 29, 2018 at approximately 1700

hours at Est. P325 Tyson Inc., I, ,

observed the following noncompliance of

regulation 381.65(b) in the backup neck-cutter

room on line #2. While verifying slaughter process

control of young chickens immediately following a

GCP mistreatment event at 1600 hours with 1

cadaver observed and shown to Evisceration

 on line 1, station 4 and

another cadaver at 1645 hours on line 1, station

1, 2 live birds within intact necks on line 2 were

observed within seconds of each other traveling

past the backup neck cutter towards the scalder.

 was immediately notified of the

noncompliance and asked to help facilitate

stopping the line and retrieving the live birds

before scalding. However, the birds could not be

retrieved from the system. proceeded to

the live hang room and was met by 

and

. The loss of process control for

handling birds evidenced by the repeated

occurrence of birds dying my means other than

slaughter was relayed. A regulatory control action

of line speed reduction for both hanging lines was

started while the plant proceeded with their

investigation. At approximately 1715 hours, 3

birds with intact head and neck were observed in

the condemn barrel at the re-hang table just

outside of the scalding room. 1 of those

condemned cadaver birds had been visualized in

the condemn barrel by at

approximately 1700 hours. , ,

and correlated on the cadavers in the

barrel and the cadaver still hanging at line 1,

station 4. It was determined that 5 birds with

intact head and neck entered the evisceration

floor and therefore entered the scalding vat still

breathing (cadavers) within approximately 1 hour,

which represents a process out of control that

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 FOIA2019-142 13:03 Tuesday, February 12, 2019 12

EstNbr EstName NR# Date Task TaskName Regs Description Status

results in the production of adulterated product. 

At approximately 1724 hours, , ,

and discussed the noncompliance. This

does not meet the regulatory requirement to

slaughter poultry in accordance with good

commercial practices that result in thorough

bleeding to ensure breathing stops before

scalding, and that these cadaver birds are

considered adulterated. proffered

corrective measures to adjust the machinery to

accommodate different sized birds that were

missing the automatic neck cutter and to have a

plant employee watch and ensure the backup

cutters do not miss any birds needing to be cut. At

approximately 1734, verified

implementation of the corrective and verified

return to slaughter process control, and regulatory

control action was released. The PPIA (21 U.S.C.

453(g)(5)), and 9 CFR 381.90, provide that poultry

carcasses showing evidence of having died from

causes other than slaughter are considered

adulterated and must be condemned. A similar

GCP noncompliance for cadavers occurred on

10/17/2018 with reference # YDM3718101317N.

The preventive measures were not implemented

or effective in preventing recurrence of

noncompliance.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 13

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL281

711331

9N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) On 11/19/2018 at approximately 1340 hours I,

, observed 4 cadavers on the Line 4

pre-sorter rack.  All four carcasses had their heads

still attached and there no was evidence of a cut

on the neck whatsoever.  The carcasses displayed

signs of a typical cadaver such as swollen, bright

purple heads and necks and the skin of the

carcasses were bright red.  I notified 

 and of my findings.  I then went to

observe the birds going into the scalder on Line

4, but the line was close to coming to an end as it

was break.  I observed approximately 20 birds

enter the scalder all with visible cuts.  When I

returned to the pre-sorter station, the sorter was

just pulling off a carcass with the same cadaver

description as above.  In addition, there was

another cadaver on the rack.  At approximately

1349 hours I had observed  a total 6 cadavers with

no neck cut whatsoever at the pre-sorter station.  I

took a regulatory control action and at

approximately 1355 hours applied U.S.

Rejected/Retained tag #B37 425359 to Line 4 live

hang so no further birds could be hung.  I

requested that the establishment provide

FSIS with corrective actions before the line

could be restarted.  I also further investigated with

the verification inspectors and said before

his zero tolerance check at approximately 1336

hours he did not observe any cadavers on the

pre-sorter rack. Therefore, a cluster of 6 cadavers

with no cuts on their necks were observed in

approximately a 15 minute time span. At

approximately 1430 hours 

 provided FSIS with a written

memorandum documenting the actions the

establishment had taken to prevent recurrence,

which I deemed acceptable.  At 1432 hours 

 released Line 4 live hang and production

was able to begin.  At approximately 1500 hours I

notified of the

forthcoming noncompliance. My findings indicate

OPEN

(b) (6)

(b) (6)

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

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 14

EstNbr EstName NR# Date Task TaskName Regs Description Status

a noncompliance of the regulatory requirements

of 9 CFR 381.65(b), "Poultry must be slaughtered

in accordance with good commercial practices in

a manner that will result in thorough bleeding of

the carcasses and ensure that breathing has

stopped prior to scalding."

P9030 New American

Poultry

NRF381

410041

2N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) On October 11, 2018 at approximately 4:00pm

while performing a routine SSOP review and

observation   noticed four squab carcasses on the

metal shoot that leads from the defeathering

machine that were bright cherry red and their

heads ripped off.  I examined the four carcasses

and determined that these birds where never cut

and drowned in the scold water tank. This is a

direct violation of Good Commercial practices 9

CFR 381.65(b) which states that poultry are to be

slaughtered in a manner that ensures that

breathing has stopped before scalding, so that the

birds do not drown and that slaughter. I

immediately notified the plant owner Howard

Chan and showed him the four cadavers squabs

and informed him of the non-compliance with 9

CFR 381.65(b).

CLOSED
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 15

EstNbr EstName NR# Date Task TaskName Regs Description Status

P533 Hain Pure

Protein

Corporation -

FreeBird East

AKB190

710131

9N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) On 10/18/18 at approximately 1115 I went into

the NY room to observe the slaughter process for

the Good Commercial Practices task. Upon

entering the area I noticed the shackles were

empty and proceeded to the hanging area. Once

inside I who told me there

was a problem somewhere in the process

concerning the belts but was unsure of what it

was. The live hang belt was completely full of

birds. The live hang employees began to sort

through the belt hanging the live birds, and

placing the dead on the designated table. It was

later explained to me that the peddle at the end

of the live hang belt that is used to operate both

the live belt and the dumper belt is overly

sensitive to touch and if touched lightly, one belt

may run but not the other. This created an issue in

which 82 birds died by means other than

slaughter. Which is a noncompliance with 9 CFR

381.65(b).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2019-142 13:03 Tuesday, February 12, 2019 16

EstNbr EstName NR# Date Task TaskName Regs Description Status

P533 Hain Pure

Protein

Corporation -

FreeBird East

AKB461

410200

5N-1

. 04C05 Poultry Good

Commercial

Practices

381.65(b) On 10/5/18 at approximately 0950 the FSIS line

inspectors came into the office and said

something happen in the live receiving area and

they were told to go to lunch early. I went out to

live receiving and immediately noticed live hang

employees with full hands of dead birds throwing

them into the condemned auger. I went into the

hanging area and observed a large pile of dead

birds on the floor. 

 informed me that a piece of plastic

curtain had broken off the wall mount and

jammed the area in which the transfer belt and

live hanging belt meet. The birds became trapped

on the transfer belt unable to enter the hanging

pen. The transfer belt from the dumper to the

hanging area is covered on the top so this was

unknown to the employee operating the cage

dumper as he continued to dump adding more

birds to the confined area and causing a large

amount of birds to die on the transfer belt.. 

During my observations I noted that within the

pile there were birds still breathing, I pointed

those birds out to and additional

plant employees and verified all the birds

condemned were no long breathing. The total

amount of birds dying on the belt totaled 125. 

The large number of birds that died by means

other than slaughter represents noncompliance

with 9 CFR 381.65(b).

CLOSED

(b) (6)

(b) (6)