Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 1

EstNbr EstName NR# Date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA08

130435

26N-1

04/25/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On April 25, 2018, at approximately 1:50pm,

while performing a humane handling verification

task observed the following

noncompliance: The first stun with a hand held

captive bolt (HHCB) was ineffective and did not

render a steer unconscious.  The steer remained

standing.  The plant employee immediately and

effectively stunned the steer with a back-up HHCB

rendering it unconscious.  On post mortem

examination 2 there were two separate knocking

holes observed in the skull. 

and 

 were informed of the

noncompliance and that a NR would be issued.

OPEN

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 2

EstNbr EstName NR# Date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA25

140531

01N-1

05/01/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

At approximately 1:20 p.m. on May 1, 2018, the

establishment brought in 2 market pigs for

Slaughter. The firm was using the captive bolt to

stun pigs, as the electrical stunner is down for

repairs. The ,

attempted to knock the pig, but it moved its head

and the first shot entered the skull above its right

eye. The pig was upright, moving around and

squealing. When the knocking employee went for

the backup captive bolt gun, he knocked it off the

ledge and it fired. Therefore, the knocking

employee had to reload the first captive bolt to

administer the second shot. This took

approximately 2 minutes. This second shot was

effective and knocked  the pig down. I stopped

slaughter activities at approximately 1:25pm and

contacted for guidance. The firm

failed to meet 9 CFR 315.15 (a) (1): The captive

bolt stunners shall be applied to the livestock in

accordance with this section so as to produce

immediate unconsciousness in the animals before

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

The animals shall be stunned in such a manner

that they will be rendered unconscious with a

minimum of excitement and discomfort.  The firm

failed to meet 9 CFR 315.15 (b) (1) (iii): The

stunning area shall be so designed and

constructed as to limit the free movements of

animals sufficiently to allow the operator to locate

the stunning blow with a high degree of accuracy.

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 3

EstNbr EstName NR# Date Task TaskName Regs Description Status

M482 St. Croix

Abattoir

NAA25

140531

01N-2

05/01/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

At approximately 1:20 p.m. on May 1, 2018, the

establishment brought in 2 market pigs for

Slaughter. The firm was using the captive bolt 

device to stun pigs, as the electrical stunner is

down for repairs. The 

, attempted to knock the pig, but it

moved its head and the first shot entered the skull

above its right eye. The pig was upright, moving

around and squealing. When the knocking

employee went for the backup captive bolt gun,

he knocked it off the ledge and it fired. Therefore,

the knocking employee had to reload the first

captive bolt to administer the second shot. This

took approximately 2 minutes. This second shot

was in the center of the skull and was effective in

stunning the animal. stopped

slaughter activities at approximately 1:25pm and

contacted . USDA Retain

Tag # B19323315 was applied to the knocking

box. The firm failed to meet 9 CFR 313.15 (a) (1):

The captive bolt stunners shall be applied to the

livestock in accordance with this section so as to

produce immediate unconsciousness in the

animals before they are shackled, hoisted, thrown,

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

manner that they will be rendered unconscious

with a minimum of excitement and discomfort. 

The firm failed to meet 9 CFR 313.15 (b) (1) (iii):

The stunning area shall be so designed and

constructed as to limit the free movements of

animals sufficiently to allow the operator to locate

the stunning blow with a high degree of accuracy. 

After discussion with the Atlanta District Office,

Director Rodney Parris and 

were notified that a NR would be

issued for this noncompliance.

OPEN

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 4

EstNbr EstName NR# Date Task TaskName Regs Description Status

P1480 Tip Top

Poultry, Inc.

JBA370

903342

2N-1

03/22/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On 03/21/2018, at approximately 1922 hours, 

 observed live birds entering the scalder. 

Based on these observations, 

determined that the establishment's slaughter

process was out of control, and a regulatory

control action was taken by stopping live birds

from being hung on the Slaughter Line.  

 was notified of this

noncompliance with regulatory requirements.

OPEN

M6678+P6

678

Ganaderia

Santiago Inc.

NBA490

601562

6N-1

01/26/2018 04C02 Livestock

Humane

Handling

313.2 HATS category III: Water/Feed Availability; 9 CFR

313.2 (e). On Friday January 26, 2018 at

approximately 08:10 hours; while performing

routine Humane Handling inspection  and

evaluating records at establishment #M6678,

Ganaderia Santiago. The following

non-compliance was identified by USDA

inspection program personnel: There is no

evidence that food was provided or available in a

2 day period for 12 cattle that arrived at

Establishment on Wednesday January 24, 2018. 

and 

CLOSED

M7883+P7

883

Sucesion Jorge

Morales Cruz

NCB210

501572

5N-1

01/25/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 During verification of pens and animals at 0700

hours on 01/25/2018 the following was observe 

Pens # 4n, 5n 6,7,8 and where the bob veals are,

do not have acess to water, water reservoirs were

empty. Also pens (Zinc) ceiling missing on several

of the pens. this don't comply with regs. 9 CFR

313.1 and 313.2.

OPEN

(b) (6)

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 5

EstNbr EstName NR# Date Task TaskName Regs Description Status

M11116 Osteen Meat

Service Inc.

TOA241

204432

3N-1

04/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

HATS category VIII:  Stunning Effectiveness 9 CFR

313.15(a)(1) and 313.15 (a)(3) At approximately

1244 hours while I, , was

performing a humane handling verification for

HATS Category VIII at M11116 the following

noncompliance was observed: An establishment

employee was observed to deliver an ineffective

captive bolt stun to a market hog.  The stun was

ineffective as it made contact with the animal but

failed to render it unconscious.  The hog remained

standing and was vocalizing after the captive bolt

was applied.   The employee then immediately

delivered a second captive bolt blow that

effectively rendered the hog unconscious.  The

head of the animal was inspected after the animal

was bled and hoisted. Two circular captive bolt

holes were observed to be present.  Mr. Steve

Osteen (plant owner) was notified of the

noncompliance.  The above noncompliance fails

to meet the regulatory requirements of 9 CFR

313.15(a)(1) and 313. 15(a)(3). This

noncompliance was not considered egregious as

the plant took immediate and effective corrective

actions.  This document serves as written

notification that your failure to comply with

regulatory requirement(s) could result in

additional regulatory or administrative action.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 6

EstNbr EstName NR# Date Task TaskName Regs Description Status

M413 Smithfield

Fresh Meats

Corp.

NCA171

304493

0N-1

04/30/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Livestock Area: After completion of export

verification check at the casing facility, at

approximately 1105 hours as walked around the

south side of the barn I observed that 2 hogs had

fallen from the top section of the live haul carrier.

I inquired asking , 

 what cause the animal to fall. It was

stated that when the unload plant associate raised

the gate to place the ramp flap inside the trailer 2

hogs fell out onto the concrete and frame of

chute. The metal flap on the end of the ramp is

utilized to close the gap between the back of

carrier trailer and ramp. One animal sustained

injury/non-ambulatory was euthanized

immediately. The ambulatory animal was guided

to the holding pen.  I informed of

a noncompliance due to the establishment failure

to meet HATS Category II - Truck Unloading

regulatory requirement 9CFR 313.1 and 313.2.

CLOSED

P622 Tyson Foods NLB341

903352

3N-1

03/22/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On March 22, 2018 at about 1753, I 

 while performing a Good

Commercial Practice Task, I observed the

following noncompliance. After an employee

dumped a cage of birds onto the belt, one bird

was left on the cage when the cage was pulled

back. The employee removed the bird from the

cage and he threw it onto the belt but he missed

and hit the bird's head on the steel bar before the

belt. The bird died from the injury it sustained. In

accordance to CFR 381.65(b) poultry must be

slaughtered with Good Commercial Practices in a

manner that will result in thorough bleeding... but

this bird died from the cause of the injury other

than slaughter. 

and 

were notified of the noncompliance.

(b) (6)

CLOSED

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 7

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10757 Select Meats,

Inc.

IMB441

101031

2N-1

01/08/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 While performing slaughter inspection duties at

Select Meats(TA10757) at approximately 8:30am

the following non-compliances were observed. 

While on the kill floor observing stunning

activities one pig escaped onto the slaughter floor.

In an attempt to remove the pig, plant employee

grabbed the pig by its ears and attempted to

transport the pig back into the holding pen. Upon

observation inspection personnel intervened and

plant employee suddenly stopped. The pig did not

vocalize and seem to be unharmed. Upon

observation of the holding facility the sliding door,

between kill floor and holding pen, has metal

petruding from the side as well as metal rolled up

at the bottom, creating potential for injury to

livestock. No regulatory control action was taken

due to immediate response from establishment

personnel to prevent harm to livestock. Plant

owner Gerald Wood was notified of the

non-compliances and the plants failure to comply

with regulatory requirements of 313.1 & 313.2.

CLOSED

M10757 Select Meats,

Inc.

IMB142

203102

8N-1

03/28/2018 04C02 Livestock

Humane

Handling

313.2 On 03/28/18 at approximately 0740 while

performing antemortem inspection in the holding

pens with an Establishment employee, it was

noticed that the plant's automatic water nipples

for the swine were not delivering water.  The

employee stated that another plant employee had

hung his personal equipment on a water valve on

the kill floor and had accidentally turned off the

water to the system.  The swine did not show any

signs of dehydration or stress.  At 0825, I went

back out to the holding pens and found that the

watering system was still not working.  

 was notified, and

he located the proper valve to restore water to the

system.  Later in the kill floor shift 

secured the water valve handle with a zip-tie as a

preventative measure was notified

of noncompliance with 9 CFR Part 313.2(e).

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 8

EstNbr EstName NR# Date Task TaskName Regs Description Status

M18079+P

27232

Smithfield

Fresh Meats

Corp.

VFB482

302320

1N-1

02/01/2018 04C02 Livestock

Humane

Handling

313.1 On 02/01/2018 at approximately 17:05 I was

notified by that while verifying

Category IV “Handling During Ante-mortem

Inspection” she observed concerns regarding the

facilities in the livestock holding area. 

stated that she was inspecting hogs in motion

from pen A-12 and she noticed a potential safety

hazard for the hogs. She then instructed

establishment employees to relocate the hogs in

pen A-12 to another pen, and she then notified

USDA Supervision of her concerns. Upon arriving

to pen A-12, I observed that the bolt on the right

side of a drain shield was missing, causing the

shield to fall to the ground at an approximately 45

degree angle. As a result of this positioning, the

metal edges of the drain shield were oriented in a

way that could potentially cut a moving hog.

Additionally, an approximately 4 inch diameter

drain hole was exposed on the pen floor which

posed, in my opinion, a real risk for entrapment

and injury of a limb. I took regulatory control of

pen A-12 by applying USDA Retained tag NO. B42

301452 at approximately 17:15. I notified both

, and 

, of

the regulatory control action and the

noncompliance with regulation 313.1(a) which

states: Livestock pens, driveways and ramps shall

be maintained in good repair. They shall be free

from sharp or protruding objects which may, in

the opinion of the inspector, cause injury or pain

to the animals. Loose boards, splintered or broken

planking, and unnecessary openings where the

head, feet, or legs of an animal may be injured

shall be repaired. Maintenance repaired the

drain shield by securely fastening it into proper

position. stated that retraining will

occur on the following: Pens should be checked

for exposed drains prior to penning animals. Do

not place animals in a pen with a missing or loose

drain cover. Regulatory control of pen A-12 was

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 9

EstNbr EstName NR# Date Task TaskName Regs Description Status

relinquished after the necessary corrective actions

and preventive measures were confirmed at

19:06. No animals were directly observed to be

injured from this facilities deficiency.

M19697+P

19697+V19

697

Chaudhry

Meat

Company, Inc.

ZCA081

402450

8N-1

02/08/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.15(b)(1)

(iii)

At 1302 hours the FI summoned me to the

slaughter floor.  At that time he (FI) told me a

bovine had been brought to the knock box, head

restrained, and eventually knocked.  He said once

the door from holding was opened the animal

immediately tried to leap through the head

restraint opening.  Left front foot became lodged

between cross support and concrete wall of the

head restraint.  The animal began struggling to get

free and vocalizing.  Struggling resulted in animal

losing footing and rear portion of the bovine

ended up on the floor, similar to a sitting position

with foot still wedged in knocking box.  Head was

not positioned in head restraint.  Employee

utilized a metal pipe (approximately 4 feet long)

to pry the foot up out of its wedged position.  The

animal began a higher pitched vocalization during

this process.  The animal became extremely

agitated, rose to its feet, plant applied nose

restraint, and successfully knocked the animal. 

These activities/ design of knockbox resulted in

undue stress, excitement and apparent pain to the

animal.  This is noncompliance with 9 CFR

313.15(a)(2) and 313.15(b)(1)(iii).  Meeting was

held with concerning this

noncompliance and he promised immediate

corrective actions.  was notified of

forthcoming noncompliance report.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 10

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19825+P

19825

Halal

International

Processing

JDA001

301000

2N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.2 HATS activity II  Water and Feed availability HATS

activity III Antemortem handling On Jan 2, 2018, I

arrived at the facility at about 8:30 a.m.  Animals

were still in the back of the plant.  

 and I walked into the pen and field

area to perform an antemortem check of the

goats and lambs.  The water trough in the small

pen was frozen solid, I observed one lamb licking

the top surface of the ice.  The other water supply

trough in the back was empty of water.  There

were at least 60 animals in the back area without

water overnight instructed the employees to

fill a container with water and carry it out to the

animals.  Another water container was placed in

the indoor holding pen when some animals were

herded into there.  Plant personnel were

reminded that animals must have water available,

even during this week's cold spell.

CLOSED

M20478+P

20478

Snow Creek

Meat

Processing, Inc.

VAB451

302052

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(2),

313.15(a)(3)

On February 28, 2018 at Snow Creek Meat

Processing, Est.20478 at 8:15 a.m. the following

observation was made. The establishment was

using a captive bolt. The stun was not effective

rendering the animal immediately unconscious.

The stunner took immediate corrective action

using a .22 caliber rifle. The stun was effective

rendering the animal unconscious. This

constitutes a regulatory noncompliance with

USDA Regulation 313.16a1-3.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 11

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4265+P4

265+V4265

Locust Grove

Farm

XBA460

703141

3N-1

03/13/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III At approximately 0830 hours

on March 13, 2018 while performing a routine

humane handling task, the following

noncompliance was observed. I, 

 , observed two out of three pens of

swine in which water was not accessible. In one

pen there was a tub but no water was present in

the tub ,the other pen there was no tub or any

source of water.  Establishment Kill floor

employees were immediately notified verbally

and in writing of this noncompliance.

Plant employees immediately performed

corrective actions by providing accessible water.

This is noncompliant with 9 CFR 313.2(e).

CLOSED

M4265+P4

265+V4265

Locust Grove

Farm

XBA310

903342

7N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III While performing an Odd Hour

Humane Handling Inspection on Tuesday,

3/27/2018, at approximately 0730 hours at

Locust Grove Smoke House (Est. M4265) the

following noncompliance was observed: Upon

entering the establishment holding pens there

were five market swine present. In pen one there

was one market swine. Two water troughs were

present in pen one; both water troughs in pen one

were empty and dry. Pen two there was one

market swine with no water trough present. Pen

three there was one market swine with no water

trough present. Pen four there were two market

swine present. There was a water trough present

in pen four. The water trough in pen four was

empty and dry. The establishment manager was

immediately notified verbally and in writing of the

noncompliance. The establishment manager took

immediate corrective action by providing the

swine with water. This is noncompliant with 9 CFR

313.2(e).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 12

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4486+P4

486

N S Brandon

Packing Inc.

ZWE03

090134

03N-1

01/03/2018 04C02 Livestock

Humane

Handling

313.2 HATS category III Water and Feed Availability

9CFR 313.2 1/3/ 2018 I performed ante-mortem

inspection on 6 Beef Cattle in pen 7.  I observed

pen 7 to not have water accessible as required for

the livestock present. I notified that the

water bucket was empty he provided water

immediately. Notified of the non

compliance. This is non compliant with 9CFR

313.2(e).

CLOSED

M17776 Trenton Halal

Packing

Company

BBE410

903532

1N-1

03/21/2018 04C02 Livestock

Humane

Handling

313.2 On 3/21/18 at 0710 while

performing the Livestock Humane Handling task

at Trenton Halal to verify the conditions of the

pen. The IIC observed that the ante-mortem pen

was completely filled with goats. In addition, the

pen that is used if there is a suspect animal was

also completely filled with goats. The animals did

not have room to sit down or turn around. On the

ante-mortem card it was listed that 120 goats

were inside the pens.  In different areas you could

see that there were spaces where water buckets

were located. These animals were unloaded after

hours with no FSIS personnel present. IPP were

not able to verify the humane handling of the

goats during truck unloading on 3/20/18.  IIP

personnel watched the plant employees handle

the goats after the plant started working. This

does not meet regulation  313.2(a). Both Mr.

Malik, owner of Trenton Halal, and 

 at Trenton Halal, were informed of this

noncompliance.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 13

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17776 Trenton Halal

Packing

Company

BBE401

004091

9N-1

04/19/2018 04C02 Livestock

Humane

Handling

313.2 At 0910 on 4/19/18 at Trenton Halal the IIC

observed from the kill floor that the animals in the

holding pen did not have access to water. These

animals were of another species, and the

establishment still was not finishing the first

species, beef. The animals would have been kept

without access to water until they finish with the

beef and did a mid-operational clean up. 

 at Trenton Halal, was notified of

these animals not having access to water.  

had an employee meeting on the kill floor to

inform his employees to make sure that the

animals have access to water, and that the only

time that the animals did not need to have access

to water was when they are going to be hanged

for slaughter.

CLOSED

M17776 Trenton Halal

Packing

Company

BBE020

705300

2N-1

05/02/2018 04C02 Livestock

Humane

Handling

313.2 On 5/2/18 at 0710 while performing the Livestock

Humane Handling task at Trenton Halal to verify

the conditions of the pen the IIC and 

 observed that the ante-mortem pen was

completely filled with goats. In addition, the pen

that is used if there is a suspect animal was also

completely filled with goats. The goats were off

loaded on 5/1/18 around 2000 with no FSIS

personnel present.  The animals did not have

room to sit down or turn around. 

 at Trenton Halal, informed the IIC and

 that approximately 120 goats were

inside the pens.  In different areas you could see

that there were spaces where water buckets were

located. IPP were not able to verify the humane

handling of the goats during truck unloading on

5/2/18.  This does not meet regulation  313.2(a).

 was informed of this

noncompliance. The same situation regarding

overcrowding the pens took place on 3/21/18,

and a noncompliance was given. On 3/21/18 the

pens were filled after hours with no FSIS

personnel present.

CLOSED

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

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 14

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF031

401260

5N-1

01/05/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 313.1: Livestock pens, driveways and ramps 

313.2: Handling of livestock On January 5, 2018

at about 0530am while performing ant mortem

task, i observed that the veal bobs

in pen 12 A/B were crowded into the pens such

that the bobs had no room to freely move. The

bobs were walking on top of each and most of

them had no space to lie down or walk to the end

of the pen where the water barrel was located.

The pens contained a total of 167 bobs according

to the plants chart for pen stocking, there should

only be 50 bobs in 12A and max of 55bobs in pen

12B. I then inspected the other pens and observed

the same instances. There were 83 bobs in Pen 5

which the max capacity is 46 bobs, there were 60

bobs in pen 6 which the max capacity is 46. There

were 52 bobs in pen 3A the max capacity is 42. All

the pens were over crowded causing discomfort to

the animals. I informed the 

 in the pens that the pens were

overcrowded. This is a violation of 9CFR 313.2(a).

Upon inspecting the veal bobs located in the

alleyway, I observed the gate to the side of the

ramp was open, and there were bobs in that area.

That area of the ramp is not utilized because there

is a trench like gap between the side of the ramp

and the gate.  I observed the legs of three veal

bobs fall into the open space between the ramp

and the gate and watched them struggle to get

free of it. The ramp area is not maintained in good

repair which is a violation of 9CFR.313.1(a). I also

Informed of this noncompliance.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 15

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF371

001101

0N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.2 Category III-Water and Feed Available    On

January 9, 2018 at about 1440 while checking

water and feed for the held over bob veals. I

, observed that there was only water

available for the bob veals. I made 

aware that the pen employees were gone but the

bobs had no feed. advised me that there is a

night worker that will be able to feed the animals.

On January 10, 2018 at about 0500 while doing

my ante mortem task, I observed that the bobs

leftover from the previous day in pens 1A and 2AB

still did not have feed. I spoke to and

he informed me that the bob veils arrived either

10pm on the 8th or 1 Am on the 9th, .upon

checking the plants receiving sheet I observed that

the veal bobs in 1Ab arrived  at 11:30 pm on

January 8th and the veal bobs in 2AB arrived at

2am on January 9th.   was made aware that

not having feed available is a noncompliance, Not

having feed available for arriving animals within a

24 hour period after they enter the premises is a

violation of 9CFR 313.2(e)

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 16

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF361

001532

3N-1

01/23/2018 04C02 Livestock

Humane

Handling

313.2 313.2(a) handling of livestock On January 23,

2018 at about 0730am while performing ante

mortem task, I observed that the

veal bobs in pen 12 A/B were crowded pens such

that the bobs had no room to freely move. The

bobs were walking on top of each other and most

of them had no space to lie down or walk to the

end of the pen where the water barrel was

located. Pen 12A contained a total of 110 bobs

veal, according to the plants chart for pen

stocking, there should only be 50 bobs, 12B

contained 95 bob veal and max for that pen are

55 bobs. I inspected the other pens and observed

the same instances. There were a total of 189 bob

veal in Pens 5,6,7 and according to the plants

chart for pen stocking, Pen 5 max is 46 bob veal,

pen 6 max is 46 bob veal and pen 7 max is 46 bob

veal which would total 138. I informed 

 in the pens that the pens

were overcrowded. I also informed

) the .This is a

violation of 9CFR 313.2(a). Overcrowding of the

pens causes discomfort to the animals and creates

a situation in which they are unable to access

water or feed.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 17

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF501

102350

6N-1

02/06/2018 04C02 Livestock

Humane

Handling

313.2 313.2(a) handling of livestock 313.2(e) Category

III-Water and Feed Available On February 6, 2018

at about 8:00am while performing ante mortem

task, I observed that the veal bobs

in pen 1A were overcrowded. The count in the Pen

was 52 and according to the plant chart for pen

stocking, there should only be 45 veal bobs. Pen

12A was also crowded such that the bobs had no

room to freely move. The bobs were walking on

top of each other and most of them had no space

to lie down or walk to the end of the pen where

the water barrel was located. Pen 12A contained a

total of 114 bobs veal, according to the plants

chart for pen stocking, there should only be 50

bobs. I also noticed that there were numerous

hoses for the water barrel strewed about on the

floor around the pen areas. Upon further

inspection I observed that there were several

water barrel that did not have hoses attached to

the nipples or only one or two hoses attached. In

the alleyway the FF Veals had a water barrel with

nipples available but the water level was too low

for them to access it from the top of the barrel.

This creates a situation where water or feed is not

available for the animals. I informed 

 in the pens that the pens

were overcrowded and water and feed was not

available or accessible to most of the animals. I

also informed 

.These are violations of 9CFR 313.2(a)

and 9CFR313.2(e) Overcrowding of the pens

causes discomfort to the animals and creates a

situation in which they are unable to access water

or feed.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 18

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17965 Gold Medal

Packing Inc.

JRF261

002022

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS CATEGORY VIII Stunning Effectiveness At

approximately 0950 on February 28, 2018, while

verifying the stunning procedures in the pen area,

I , observed the following; a plant

employee attempted to stun the thirteenth large

market swine by gunshot (using a .22 magnum)

on the conveyor. A bullet penetrated the head but

did not render the animal unconscious on the first

attempt. The swine remained upright, on all 4 and

alert, but with no vocalization. The employee

immediately stunned the swine with the electric

stunner; this stun was effective in rendering the

swine unconscious and insensible to pain. It was

then insensible to pain before being shackled and

bled. I notified the employee of the

noncompliance with 9 CFR 313.16(a)(1).

CLOSED

M20403 American Halal

Meat Inc.

PID311

103270

7N-1

03/07/2018 04C02 Livestock

Humane

Handling

313.2 While performing HATS Category III (Water and

Feed Availability) during the Livestock Humane

Handling task on March 7, 2018 at 10:45am, I

observed 5 heifers lined up in the chute waiting to

be slaughtered, without access to water, no room

to lay down, and no room to turn around.  The

establishment was currently slaughtering sheep,

and had approximately 20 sheep remaining, with

the intent of returning to slaughter the cattle after

the 12 pm lunch break.  I spoke with 

, and he confirmed that the

heifers had been there for about 30 minutes.  I

notified him that this is in violation of 9 CFR

313.2(e).  instructed the employees

to return the cattle to the holding pens, which

was done immediately.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 19

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20403 American Halal

Meat Inc.

PID201

105540

1N-1

05/01/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Today May 1st, 2018 at about 7:30 AM I, 

 followed the 

 to observe the unloading

of animals in Establishment # 20403-M. I observed

the plant Manager Mr. Cahit Commit was trying

to separate about 5-6 sheep and 4 heavy calves

from pen # 5 to pen # 10 and 4. Two of the

heavy calves slipped and fell down but stood

unhurt due to slippery, not well maintained for

sound footing, and not properly covered by sand

or wood chips floor of pen # 5. Immediate

corrective action was taken and pen # 5 was

rejected by applying USDA reject tag #B35688029.

Both plant manager Mr. Cahit and plant 

 were notified of intending Humane

Handling non-compliance. Plant has failed to

follow regulations 9CFR 313.1(b), 9CFR312 (a),

and their own written procedures for Humane

Handling.

CLOSED

M5300 Rhode Island

Beef & Veal

Inc.

VEL011

401083

1N-1

01/31/2018 04C02 Livestock

Humane

Handling

313.2 HATS category III: Feed and Water Availability 

While performing a humane handling task in the

holding pens at approximately 2:30pm on

1/31/18, the following noncompliance was

observed: Seven goats and three sheep were

housed in the alleyway adjacent to the pens.

None of the animals in the alleyway had access to

water.  A slaughter floor employee was notified

and the animals were immediately provided

water. This is in noncompliance with

9CFR313.2(e). 

was notified of the noncompliance

verbally and also informed that a noncompliance

record would be generated to reflect this finding.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 20

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5497+V5

497

Adams Farm

Slaughterhous

e LLC

FWJ161

403232

8N-1

03/28/2018 04C02 Livestock

Humane

Handling

313.2 Category III: Water and Feed Availability At

approximately 1430 hours went

out to the holding area to perform antemortem

inspection and to check the availability of water in

the pens.  He observed no water available in pens

#3 and #6, which held cattle and lamb and

goats.  The barn manager was notified and

immediately put water in the pens.  

 informed kill floor manager of the findings

verbally.  was notified verbally and with

this notice.  No recent similar NR's have been

issued.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 21

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45790 3282 Beaver

Meadow Road

LLC

BJL191

405511

4N-1

05/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

HATS Category VIII: Stunning Effectiveness At

8:18AM Monday 5-14-18 while conducting

Humane Handling Verification at plant 45790

Royalton Meats the following Non-Compliance

was noted during the start of ovine slaughter. The

second ovine into the day was loaded in to the

stun box and was ready to be stunned. The plant

had an ineffective stun on the first attempt with

an immediate follow up effective stun on the

second attempt. IIC noted the missed stun as the

animal fell as if it was stunned properly but then

rose to its feet prior to the sticking. The plant

employee took an immediate follow up stun and

rendered the animal completely unconscious and

then the sticking and shackling began.  This is a

Non-Compliance with 9CFR 313.15  IIC then

took action and tagged the box ( US Rejected Tag

NO.B42089130 ) to consult with the PHV as to the

next steps because the plant was still in the

process of responding to an NOIE issued on

05-03-2018. After speaking with the PHV, the

tag was removed @ 8:45am and the plant was

verbally informed that they could resume

slaughter and that they would be receiving an

MOI and a Non-Compliance record for the

incident that transpired.  The plant is using for

sheep/Goat and Pig slaughter a cash special hand

held penetrating captive bolt gun. They use the

prescribed rod and load for the size and type of

species as the stunner and boxed shot loads state

to, as to get proper penetration. It is unknown if it

was mechanical or personnel related at this time.

IIC has watched 14 consecutive stuns since the

ineffective stun this am and has found the plant to

be as of now (11:20am) compliant.

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 22

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8868 PT Farm LLC RDB530

601090

9N-1

01/08/2018 04C02 Livestock

Humane

Handling

313.2 On 1/8/18 at  approximately 0700 hrs. , while

preforming Ante Mortem I 

observed the following . The water was frozen in

each pen. I notified plant manager Peter

Beaupre . He instructed an employee to bring

buckets of water to  the animals until he could get

it fixed. This is a violation of CFR 313.2(e) ,that

states animals shall have access to water in all

holding pens

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 23

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9428+P9

428

East Conway

Beef & Pork

Processing

XML43

110153

25N-1

01/25/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(i),

313.15(a)(1),

313.15(a)(3)

HATS Category VIII – Stunning Effectiveness 

Thursday, January 25, 2018: Shortly after

antemortem inspection had been completed at

8:47AM, Plant management at EST. 9428 elected

to stun a market swine using a captive bolt gun

rather than performing their usual electrical

stunning procedures for swine slaughter. While

the swine was secured within the kill box, I

observed Mr. Darrell Robinson, plant owner stand

on the side of the kill box and reach down over

the side with the stunning device in hand. Mr.

Darrell Robinson positioned the captive bolt gun

onto the head of the animal. A shot was fired and

the animal simultaneously let out a loud, drawn

out vocalization. The animal remained standing

upright and took a few steps forwards and then

back. I observed fresh blood trickling from the

captive bolt entrance wound. The swine continued

to vocalize and rapidly shake its head from side to

side. then handed the back up

rifle to his father so he could administer another

shot.  Mr. Darrell Robinson immediately

administered a second stun once the animal

presented a clear shot.  That shot was effective as

the animal immediately dropped and no longer

exhibited signs of consciousness such as the

tracking of eyes or vocalization. The animal did

not regain consciousness at any point after the .22

magnum shot was fired. I then applied U.S.

Rejected tag no. B30849482 to the kill box and

informed plant management the further stunning

of animals may not continue at this time. I

proceeded to contact my supervisor to report my

observations and receive further instructions.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 24

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9428+P9

428

East Conway

Beef & Pork

Processing

XML56

090111

30N-1

01/30/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category II - Truck Unloading (9CFR 313.1

and 313.2): Tuesday, January 30, 2018: At

approximately 9:45AM while performing

antemortem inspection, prior to the start of

slaughter operations, I observed a damaged

section of a holding pen wall. A section of metal

with sharp edges, approximately 1 1⁄2 feet in

length, was bent outwards and protruding into

the pen. I informed 

 of the requirements for 9 CFR 313.1(a)

and voiced my concern regarding the potential

for injury of livestock within the holding pen. 

Livestock pens, driveways and ramps shall be

maintained in good repair. They shall be free from

sharp or protruding objects which may, in the

opinion of the inspector, cause injury or pain to

the animals. Loose boards, splintered or broken

planking, and unnecessary openings where the

head, feet, or legs of an animal may be injured

shall be repaired.   I verbally issued a

noncompliance to pending my

written report.

CLOSED

(b) (6)

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 26

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20321+V

20321

Luce's Maine

Grown Meats

NKI571

203571

9N-1

03/19/2018 04C02 Livestock

Humane

Handling

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

313.15 (a)(1) Monday, March 19, 2018: At

approximately 10:30AM I observed the following

noncompliance while on the slaughter floor: I

watched as a large bull, over 30 months of age,

was secured in the knock box. ,

the designated stunner applied a shot to the bull’s

head using a captive bolt gun. The first stun

attempt was ineffective as the bull did not drop

and remained fully conscious. 

immediately and effectively applied a second shot

with a .410 firearm. I verbally notified 

 and Mr. Arnold Luce, plant owner of the

noncompliance pending my written report.

CLOSED

M20321+V

20321

Luce's Maine

Grown Meats

NKI541

104171

6N-1

04/16/2018 04C02 Livestock

Humane

Handling

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

313/15(a)(1) At 9:40 am while observing the

stunning of a Beef Cow I saw that the shot from a

captive bolt gun was ineffective in rendering the

animal unconscious.  An immediate second shot

was applied to the animal which rendered the

animal unconscious

 and Plant Manager Arnold Luce were

informed that a record of non-compliance would

be issued. A review in PHIS indicates a similar

non-compliance NKI5712035719 was issued on

March 19 2018.

CLOSED

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 27

EstNbr EstName NR# Date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC450

402502

0N-1

02/19/2018 04C02 Livestock

Humane

Handling

313.2 On Monday night 02-19-18 at 10:39 pm 

arrived at Routh Packing Co. to

unload 190 hogs. There was a bill of lading on the

counter top ,also K.E.E. Trucking Co. which had

the date of the 19th. I asked the 

what time he was here earlier today to drop off

the split load of 123 hogs and 67 hogs. 

stated that he had delivered the split load on the

18th about 8 or 9 pm,which were placed in pens

8-9. I went to pens 8-9-and 10 to observe how

much feed was left, only to not find any feed at

all. It appeared as if there had not been any feed

in quite a while from the dust in the bottoms of

the feeders in these pens. At 11:30pm 

arrived at the Establishment and fed pens

8 and 9. Then filed out the paperwork which

stated that the hogs were in fact delivered to the

Establishment on the 18th. This is a

noncompliance of 9 CFR 313.2 (e)which states:

Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed.

CLOSED

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

(b) (6) (b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 28

EstNbr EstName NR# Date Task TaskName Regs Description Status

M818+V81

8

J. H. Routh

Packing Co.

FYC151

304562

6N-1

04/26/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0637 hours on Thursday April

26, 2018 while performing the ante-mortem task

in the barn at Pen L, had

observed that the waterer was not fully functional

and inadequate.  Additionally, the pen was

overstocked and would not allow for access to any

animal in that pen even if it was fully functional. 

The pen was tagged with a US Rejected tag

No.B41225213. The fact that water was

inaccessible to pigs represents a noncompliance

according to  9CFR 313.2(e) which states that

animals shall have access to water in all holding

pens and if held longer than 24 hours, access to

feed. All animals that are on the premises of the

establishment, on vehicles that are on the

premises, or animals being handled in connection

with slaughter are to be handled humanely.

Establishment employees are to handle these

animals in accordance with the requirements for

the humane handling of livestock (9 CFR 313.2).

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 29

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4593 Greenbrier

Meat

Company, Inc.

XQC470

701530

4N-1

01/03/2018 04C02 Livestock

Humane

Handling

313.2 Category III – Water and Feed Availability --9CFR

313.2 While a Humane Handling task was being

performed, the following non-compliances were

noticed. One pen had one hog in it, with one

water container that was tipped over and no other

available water. A second pen contained 5 cattle.

In the pen with the cattle, there was one water

bucket that was overturned and one container of

water that was frozen solid, with no other water

available. stated he was on his way to

replace fresh water in the buckets as we

approached him to discuss the deficiency.  

asked if all of these animals had been

brought in the night before, and replied

that they had.  The plant was not in compliance

with 9 CFR 313.2(e), animals shall have access to

water in all holding pens. This same issue was also

documented in Nr. XQC2008125821N written

during the Humane Handling review with 

and on 12/19/17. Corrective

actions were either not effective, or not

implemented. This NR will be linked to NR

XQC2008125821N from 12/19/2017, and the

linkage will be discussed in the next HACCP

meeting.

CLOSED

(b) (6)

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 30

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4593 Greenbrier

Meat

Company, Inc.

XQC411

104100

3N-1

04/03/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On /3/2018 at approximately 0825 while

observing slaughter and verifying HATS category

VIII-stunning effectiveness, the following

noncompliance was observed. fired the

first stunning shot to a market hog. The hog made

a quick squeal and remained standing. Both 

 and I noted that when the bullet fired it

sounded much quieter than normal. 

immediately reloaded the gun and fired a second

shot which was successful in rendering the hog

unconscious. I then examined the head and there

was a powder burn area on the skin of the

forehead approximately one inch in diameter,

along with  the entrance wound from the bullet of

the second shot. Since the animal was not

rendered unconscious with the first shot, this is

not in compliance with 9 CFR 313.16(a).  

was notified of the noncompliance.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 31

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6785 Bob Evans

Farms Inc.

NRL141

601481

1N-1

01/11/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling Activity Tracking System (HATS)

Noncompliance, Category VIII: Stunning

Effectiveness At approximately 2:30pm on

Thursday, January 11, 2018, Bob Evans Farms

personnel notified of a

gilt that was unwilling to rise. The gilt in question

was bright, alert, and responsive, but was not able

to rise in the hindlimbs, possibly due to a joint

injury. Because the gilt could not walk to the

electrical stunner to be slaughtered, Bob Evans

Farms personnel elected to use the handheld

captive bolt stunner to render the gilt insensible. 

Bob Evans Farms personnel gathered around the

gilt at the back of Pen 7. The gilt was restrained

with the fence of Pen 7 to her left, one employee

holding a sort board at her rear, and a second

employee holding a sort board at her right side.

After marking the gilt’s forehead for proper

captive bolt placement, a third employee placed

the handheld captive bolt stunner on the gilt’s

forehead and fired. The shot was unsuccessful in

rendering the gilt insensible. 

determined that the shot was unsuccessful in

rendering the gilt insensible because the gilt

vocalized several times, fell to the ground but

attempted to rise in the forelimbs, and had a

strong voluntary blink reflex. Bob Evans Farms

personnel assessed the gilt and recognized that

the gilt remained conscious. Bob Evans Farms

personnel quickly restrained the gilt again. A

pre-loaded backup captive bolt stunner was

presented to the employee to stun the gilt a

second time. Within a matter of approximately 15

seconds the second captive bolt stunner was

applied to the gilt’s forehead and discharged.

After the shot was fired the gilt collapsed and was

determined to be successfully rendered insensible.

Bob Evans Farms personnel stuck the gilt to bleed.

After the gilt was insensible, 

notified ,

that an NR would be issued. Failure to

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 32

EstNbr EstName NR# Date Task TaskName Regs Description Status

successfully render an animal insensible with the

first application of a captive bolt stunner is

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

not linked.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 33

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6785 Bob Evans

Farms Inc.

NRL161

602271

4N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling Activity Tracking System (HATS)

Noncompliance, Category VIII: Stunning

Effectiveness At approximately 4:10pm on

Wednesday, February 14, 2018, Bob Evans Farms

personnel notified of a

sow that was unwilling to rise in the shower room.

The sow in question was alert and responsive, but

was not able to rise in the hindlimbs. Because the

sow could not walk to the electrical stunner to be

slaughtered, Bob Evans Farms personnel elected

to use the handheld captive bolt stunner to render

the sow insensible. Bob Evans Farms personnel

gathered around the sow in the shower room. The

sow was restrained by a concrete wall on her left,

an employee holding a sort board at her rear, and

a second employee holding a sort board at her

right side. After marking the sow’s forehead for

correct captive bolt placement, a third employee

placed the handheld captive bolt stunner on the

sow’s forehead and fired. The shot was

unsuccessful in rendering the sow insensible. 

 determined that the shot was

unsuccessful in rendering the sow insensible

because the sow vocalized twice, remained

standing, and took a few steps with her forelimbs. 

Bob Evans Farms personnel quickly assessed the

sow and recognized that she remained conscious.

Bob Evans Farms personnel restrained the sow

again and a pre-loaded backup captive bolt

stunner was presented to the employee to stun

the sow a second time. The second captive bolt

stunner was applied to the sow’s forehead and

discharged. After the shot was fired the sow

collapsed to the ground and was determined to be

successfully rendered insensible. Bob Evans Farms

personnel stuck the sow to bleed. After the sow

was insensible, notified 

, that an NR would

be issued. Failure to successfully render an

animal insensible with the first application of a

captive bolt stunner is noncompliant with 9 CFR

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 34

EstNbr EstName NR# Date Task TaskName Regs Description Status

313.15(a)(1). This NR is linked to noncompliance

record NRL1416014811N/1 dated January 11,

2018. The further planned actions of “The

operators involved were all experienced at captive

bolt and are aware of the procedures for an

effective stun. Plant feels that this was an isolated

incident but will remain attentive to differing

circumstances and animal behaviors associated

with the use of captive bolt” were either not

implemented or were ineffective in preventing

continued noncompliance. Continued failure to

meet regulatory requirements may result in

further regulatory or administrative actions as

described in 9 CFR 500.

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK4210

015904

N-1

01/04/2018 04C02 Livestock

Humane

Handling

313.2 January 4, 2018 While performing the Livestock

Humane Handling task at approximately 1030,

non-compliance was observed at Harmon Bros.

Meats, Warsaw, KY. Specifically, Humane

Handling Activities Tracking System (HATS)

category III, water and feed availability was found

to be in violation. Two holding pens full of sheep

were observed to have frozen solid water troughs.

One pen had a dead baby lamb lying on top of the

frozen water and a section of garden hose

extending into the ice. This observation was

brought to the attention of plant management

and advised of this forthcoming non-compliance

record.

OPEN

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK1006

015105

N-1

01/05/2018 04C02 Livestock

Humane

Handling

313.2 On January 5, 2018, at approximately 7:00 am, I

) went to the pen area to do the

verification on the animals and to view that the

animals had the proper bedding and water for the

weather that this area is having. I observed that

the cattle that was in the cattle pen had no water

it was frozen completely, one of the sheep pens

had some water. With the cattle pens water

frozen I am writing the non-compliance for

313.2(e), which states that all animals must have

access to water at all times.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 35

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK4512

025222

N-1

02/22/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) February 22, 2018 HATS CATEGORY VIII

(8)-STUNNING EFFECTIVENESS-    At

approximately 1000 EST a crossbred steer was

placed in the knock box at Harmon Bros. Meats,

Warsaw, KY. While performing the HATS task I

observed plant personnel administer a shot with

the captive bolt device. The steer was observed to

be standing and moving in the knock box

(conscious righting reflex, conscious eye tracking).

The captive bolt device was reloaded and a second

shot fired which did render the animal insensible.

IPP placed U.S. Rejected tag #B42200582 on the

knock box at approximately 1015 EST and

informed plant personnel the Jackson District

Office would be contacted as to how to proceed

with the day’s operation in light of the recent

verification plan for an egregious humane

handling incident.

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 36

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK0512

043612

N-1

04/12/2018 04C02 Livestock

Humane

Handling

313.2 April 12, 2018 HATS Category III-Water and Feed

Availability.  While performing the Livestock

Humane Handling task at Harmon Bros. Meats,

Warsaw, KY, non-compliance was observed in the

holding pens. At approximately 1030 a holding

pen containing roughly 14 cattle of various sizes

was found to have a low profile 25 gallon water

trough with approximately two inches of

chocolate brown water (fecal contamination). The

condition of the water is such that the cattle are

unlikely to consume, and thus making water

availability non-existent. HATS Category

V-Suspect and Disabled. Again, while performing

The Task, a large holding pen with TNTC (too

numerous to count) swine of various sizes was

observed to have at least three animals showing

respiratory symptoms. The pigs specifically

exhibited labored open mouth breathing. In an

adjacent holding pen another showed similar

symptoms. The establishment does not have a

designated “U.S. Suspect” pen and has no

available pens for segregating these animals from

the normal population. Some of these pigs have

been in the holding pens for at least two weeks.

As of today, 12 pigs have died in the holding pens

this week. Plant manager Roy Palmer was

notified of these observations and the impending

non-compliance record.

OPEN

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK1013

045418

N-1

04/18/2018 04C02 Livestock

Humane

Handling

313.2 At 11:06 this morning the arrival of animals,

caused the establishment not to have a "Suspect"

pen area to hold the animals that might be sick or

for other reasons. This was brought up and talked

about in and NR last week. This is important to

have a place to put sick animals and ones that

have a disability. The pens are full, there isn't even

a USDA suspect pen to do the ante mortem at the

beginning of the next work day. There has to be

one pen made available for these animals.

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 37

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK2907

044520

N-1

04/20/2018 04C02 Livestock

Humane

Handling

313.1 On observation at 7:00am this morning; April 20,

2018; of pen # 2 the watering trough had fecal

floating on the top of the water. On observation

the watering trough was dirty and the water was

not considered drinkable water. The water was

contaminated with fecal and was contaminated

water. On observation to the pen # 6, at 7:00am

on April 20, 2018, I observed that the pen was

overcrowded with animals. Yesterday April 19,

2018 the establishment had a shipment of

animals to be unloaded into pen 6, at the end of

the shift, the animals needed to be separated to

make more room for them. This morning the

animals had not been separated and the pen was

overcrowded with animals and the animals could

not lie down. The animals are to be able to room

to lie down in the pen area. Also the overcrowding

of animals makes the animals not accessible to

water; all animals are to be accessible to water at

any time.

OPEN

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK3006

043224

N-1

04/24/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 7:01am this morning while

doing the ante mortem check to start the day at

Harmon Brothers, I observed that the animals that

were in pen 6 had still not been separated for the

overcrowding of these animals. The animals are

overcrowded and need to be separated so that

they can lie down and rest if need be. Also this

morning there is a dead sheep that was found

yesterday afternoon at the feeding time or this

morning from this same pen. There isn't any

pens open to be able to move or separate these

animals, because all the pens are full of animals.

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 38

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK5706

040224

N-1

04/24/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 7:10 am this morning, while

doing the ante mortem inspection, I found a hog

down and sick in the pens, the animal had

separated itself from all the other animals that

were in that pen. It was breathing hard non

responsive. I retrieved a suspect tag from the

office and had it placed in it ear. At this time there

wasn't a pen to place this animal in, (all the pen

are full of animals), so the establishment

employee was able to move this animal to the

hallway, away from all the other animals that

were in the pen with this one.

OPEN

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK4312

040325

N-1

04/25/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At approximately 1:05pm today, I observed two

hogs in pen 4, that was lying in the same place as

they were in the morning, when the animals were

approached they didn't get up and move. I had

suspect tags placed in their ears at this time.

Some of the hogs from this pen were presented

today for ante mortem and moved from this pen.

At this time there wasn't an ante mortem pen to

place these animals in, to us as a "Suspect" pen. 

There were two more hogs from pen 5 that were

placed in the hallway at the same time due to the

none movement and animals weren't up eating,

just laying breathing hard and seem to be sick.

They to were placed in the hallway since there

wasn't a "Suspect" pen available. Due to the

regulations there is to be a "Suspect" pen

available to place animals in if the tag is used. 

Pen 2, has several calves in it and the animals

water is dirty and contaminated with fecal again,

the pen hasn't been cleaned in days, the animals

are lying in their own fecal, the fecal matter is

about 1" deep and the animals are lying down and

it is contaminating the animals coats. The

condition of this pen needs to be address, it is

unsanitary for the animals to be lying in that

environment.

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 39

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK2009

052901

N-1

05/01/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 10:10am this morning, when I

went to the pen area, there were 5 hogs in pen 1,

they have been here for in the pen for 24 hours;

without water and they were held overnight

without food also. Any animal that is held

overnight is to have access to water and food. The

water that is in the pen is not accessible to these

hog, they were placed in the cow pen; the

watering trough that is in this pen is a 50 gallon

watering trough and isn't accessible for these hog.

OPEN

M7356+P7

356+V7356

Harmon

Brothers

Meats, Inc.

IJK2110

052207

N-1

05/07/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) May 7, 2018 HATS category VIII-Stunning

Effectiveness: At approximately 1000 EDT while

performing the Livestock Humane Handling task

at Harmon Bros. Meats (M7356) Warsaw, KY I

observed non-compliance. A beef animal was

placed in the knock box and the captive bolt

device applied to the forehead; the animal was

observed to have a conscious righting reflex

(sitting upright) after the firing of the device.

Immediate corrective action was taken with the

second firing of the captive bolt device which did

render the animal insensible. Plant Manager Roy

Palmer and owner Dave Harmon were notified of

the non-compliance.

OPEN

M7429+P7

429

Hampton Meat

Processing Co.,

Inc.

IPE5707

040705

N-1

04/05/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

HATS Category VIII- Stunning Effectiveness: At

approximately 0710 hours on April 5, 2018 while

performing the Humane Handling task on the

slaughter floor, I observed an incident which a

single shot of a steer with a captive bolt did not

produce immediate unconsciousness. The steer

remained standing with tracking eye movement

and a small amount of blood on his forehead. A

second shot was administered with an effective

stun rendering the animal unconscious. The

stunning area was immediately Rejected using

U.S. Retain Tag #B19322020 and 

and co-owner Justin Hampton were

notified.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 40

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7464+P7

464

F.B. Purnell

Sausage Co.,

Inc.

CMN59

120414

19N-1

04/19/2018 04C02 Livestock

Humane

Handling

313.1 April 19, 2018 HATS (Humane Handling Animal

Tracking System) Category IV: Ante-mortem

Inspection. At approximately 0615 EDT while

performing the Livestock Humane Handling task

at Purnell Sausage Company, Simpsonville, KY,

non-compliance was observed. The establishment

has the practice of washing the sows with a

pressurized water hose prior to entering the chute

system leading to the restrainer on the kill floor;

this process occurs in pen #10. While observing

this process and the ensuing commotion created

amongst the sows (excitement and vocalization), I

noted that the back gate to the pen was being

held closed by a chain draped across the top of

the gate and the post; the latch on the gate was

not closed. This arrangement created a gap of

approximately 10- 12 inches between the gate

and the post. In the excitement created with the

washing process, I observed a sow attempting to

exit the pen through the gap created; this resulted

in the sow trapping her head in the gap, unable to

remove her head. I brought this observation to the

attention of , who

promptly entered the pen, and after some effort,

was able to free the sow’s head. He latched the

gate and once again secured the chain. As

 left the area, he observed on

the adjacent pen, pen #11, the device used to

secure the latch was missing from the post; this

gate was apparently being secured by plant

personnel with the chain alone. He immediately

had maintenance repair the broken latch. I

informed of this

non-compliance.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 41

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8078+P8

078+V8078

Boone's

Abattoir, Inc.

APM05

120229

12N-1

02/12/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 7:55 AM on Monday, February

12, 2018, I observed the following

non-compliance while conducting HATS Category

3 (Water and Feed Availability) verification: there

were three (3) beef being held in the barn and

there was no available drinking water in the

holding pens. The plant utilizes a hose-fed, angle

iron trough that runs along the back of the beef

pens to provide drinking water. However, the

water supply was turned off and the trough was

dry. I notified a plant employee of the

non-compliance and the water supply was

immediately turned on filling the trough in a

manner of seconds. I did not initiate a regulatory

control action as the non-compliance was

immediately corrected in my presence following

notification. This represents non-compliance

with 9 CFR 313.2(e) which states in part that

“animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed.” 

CLOSED

M8082 Kirby & Poe

Slaughterhous

e

EXA261

203211

4N-1

03/14/2018 04C02 Livestock

Humane

Handling

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

March 14, 2018, at approximately 7:05 am, while

performing the Humane Handling Task, I observed

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

rifle using .38 caliber shells delivered to a large

market swine did not produce immediate

unconsciousness as required by 9 CFR

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

in an alternating standing and semi-standing

position, alert and eyes blinking with blood exiting

both nostrils. A second gunshot was delivered as

soon as possible from the same rifle and

effectively rendered the animal unconscious. The

stunning area was immediately rejected with US

Reject Tag B40 173856 and Owner/Operator Kelly

Poe was notified of the humane handling

noncompliance and corrective action(s) were

implemented.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 42

EstNbr EstName NR# Date Task TaskName Regs Description Status

P15724 Case Farms of

Ohio, Inc

EVC271

205340

1N-1

05/01/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 1135 hours while performing

the review and observation component of the

routine daily Poultry Good Commercial Practices

task, made the

observations described below.  The hourly

establishment employee operating the 

 was observed to have

completed the dumping of a cage of live birds. 

Upon completion of the dumping process the

coop was backed off the dumping mechanism and

two birds were observed to be resting on the open

door of one of the compartments of the dumped

cage.  The employee operating the dump system

was then observed to pick the birds up by the

wings and throw them forcefully onto the transfer

belt.  The birds were thrown a distance of

approximately 5-7 feet prior to them landing on

the transfer belt.  A third bird was observed to be

sitting on the lip where the dump system

connects to the transfer belt.  The employee

operating the dump system was observed to lift

his right boot in the vicinity of the bird and upon

noticing ; he immediately placed his

foot back on the floor.  The actions described

above are non compliant with 9CFR381.65 (b)

which requires all poultry to be handled in

accordance with good commercial practices. 

 and and were

summonsed with to the area and the event was

discussed with them and the both were informed

of the pending non compliance record.

OPEN

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

(b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 43

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF080

905520

3N-1

05/03/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 HATS Category III: Water/Feed Availability;

9CFR313.2(e), On May 3. 2018 at approx. 0900

hours, while performing antemortem inspection

at Establishment #04271, Greise Brothers Packing,

I, , observed the following

non-compliance. The 4 water barrels in the

outside pen were all empty and there was no

other supply of water available. The outside pen

was holding 4 beef. I immediately notified the

manager of the pens . He moved all the

beef from the outside pen into pen #7. HATS

Category IV: Handling During Antemortem

Inspection; 9CFR313.1(a), On May 3, 2018 at

approx. 0910 hours, I inspected the outside pen

and observed  wire bent inward and metal

sheeting, both with sharp edges, against the fence

that may injure livestock if livestock were inside

the pen. I notified the pen manager and the kill

floor manager of my findings. I took regulatory

control action by placing U.S. Retained/Rejected

tag No. B37604609 on the entrance to the outside

pen. This pen is rejected from use until all

regulatory requirements are met.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 44

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4271+P4

271+V4271

GREISE

BROTHERS

PACKING INC.

CZF301

205510

9N-1

05/09/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV:  Antemortem Inspection On

May 9, 2018, at approximately 1030 hours, while

I was performing routine

inspection in the barn area, the following

noncompliance was noted: While waiting to

observe cattle being moved toward the knock box,

I observed a goat with it's head stuck through the

fence.  As I approached the goat, it began to

struggle, and I realized that it could not get it's

head back through the fencing.  As no one else

was in the area, I assisted the goat in getting free. 

The goat was not injured from being stuck or

while getting it free from the fence.  I then

examined the fencing and saw that some of the

horizontal wires were broken away from the

vertical wires, creating sharp points, and one

horizontal piece was completely missing which

created a hole large enough for the goat to stick

it's head through the hole but not pull it's head

back out due to it's horns.  A kill floor manager

was not available today, so I initially notified a

, and informed him that the

fence needed to be repaired immediately or the

animals moved to another pen.  Shortly after this,

Frank Greise, plant owner/manager arrived in the

area to assist in moving two beef from the holding

pen into the alleyway to the knock box.  I also

informed him of the problem, and he instructed

 to repair the fence immediately.  I verified

that the repair had been completed.  This NR is

linked to the above-mentioned NR which was

written on a different pen in the barn.  The

establishment's corrective actions of repairing the

fence in that pen were effective for that particular

pen, but the establishment did not address other

pens in the barn due to this noncompliance being

written.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 45

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5931 G.G.

RUPPERSBERG

ER & SONS INC

WHD17

060144

25N-1

01/25/2018 04C02 Livestock

Humane

Handling

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

312.2(e), On January 25, 2018 at approximately

0630 hours, while performing antemortem

inspection at Establishment #5931M, G. G.

Ruppersberger & Sons,  I observed the following

noncompliance.  The water buckets for pens 3 and

6 were both overturned and were empty.  There

was no other water available in the pens.  The

plant manager was notified and immediately sent

an employee to fill all water containers to restore

water.  Mr. Eb Nuttle, Plant Manager, was notified

of the plant’s failure to meet the regulatory

requirements of 9 CFR 312.2(e).  The

establishment is being notified through this

noncompliance record as written notification that

further failure to meet the regulatory

requirements could result in additional regulatory

or administrative actions.

CLOSED

M5931 G.G.

RUPPERSBERG

ER & SONS INC

WHD25

070343

27N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III:  Water & Feed Availability and

HATS Category IV Handling of Livestock During

Ante Mortem Inspection:  9 CFR 313.2.  On

March, 27/19, at approximately 0740  while

performing the humane handling task at

Establishment 5931M, GG Ruppersberger

Inc. & Sons, I observed the following

non-compliances in the outside animal holding

pens: 1.       Water was not accessible to all

livestock in pens I notified 

 immediately.  I took regulatory control

action and applied Retain/Reject Tag Number

B37529212 outside holding pen.  

was immediately notified of the failure to meet

the regulatory requirements of 9 CFR

Regulations313.2. I reinspected the pens and

verified that the water was made available to the

livestock and I removed the tag.  The

establishment is being notified through this

non-compliance record as written notification that

further failure to meet the regulatory requirement

could result in additional regulatory or

administrative actions.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 46

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5931 G.G.

RUPPERSBERG

ER & SONS INC

WHD53

070445

26N-1

04/26/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 HATS Category III:  Water & Feed Availability and

HATS Category IV:  Handling of Livestock During

Ante Mortem Inspection: 9 CFR 313.1 and 313.2. 

April,26 ,18 at approximately 0720hours, while

performing the Humane handling task at

Establishment 5931M, G. G. Ruppersberger

Inc. & Sons, I observed the following

non-compliance in the outside animal holding

pens: 1) Water was not accessible to livestock in

pens 1 . I notified immediately

notified . I took regulatory control action and

applied Retain/Reject Tag Number B37529253 . 

The water troughs and containers were filled and

made available to all livestock.  I reinspected the

pens and verified that the water was made

available to the livestock and removed the

Retain/Reject Tag.  was notified of

the failure to meet the regulatory requirement of

9 CFR 313.1 and 313.2.  The establishment is

being notified through this non-compliance record

as written notification that further failure to meet

the regulatory requirements could result in

additional regulatory or administrative actions.

CLOSED

M7415+P7

415+V7415

HOFFMAN'S

QUALITY

MEATS

YUN570

603370

6N-1

03/06/2018 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability At

approximately 0500 hours while performing

livestock ante-mortem inspection, prior to the

beginning of the day's slaughter operation, I

observed two swine in livestock pen number five

with no access to water.  The animals were asleep

and showed no signs of stress.  The affected

animals were immediately supplied with water by

an employee in the barn area and no regulatory

control action was taken.  I informed Mr. Gene

Rhodes, plant manager, of the establishment's

failure to meet 9CFR regulations.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 47

EstNbr EstName NR# Date Task TaskName Regs Description Status

P7927 AMICK FARMS,

LLC

YGC331

805281

5N-1

05/15/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On 5/15/18, while performing a Good Commercial

Practice Verification Task, I observed an

establishment employee in the live hang area pick

up a live bird and throw it approximately

three feet down the length of the belt to another

employee, who then hung the bird on the kill line.

I immediately told the employee to stop and

asked for a supervisor. While waiting for the

supervisor, I observed a second employee pick up

a live bird from a cart and throw the bird from the

cart approximately 2-3 feet onto the live hang

belt.

, was notified of the observed

poultry mistreatment. addressed the

issue with the employees and the remaining birds

were appropriately placed onto the belt in a

humane manner. I then proceeded to the

receiving area and, at approximately 1428 hours, I

observed what appeared to be a pile of live birds

on the belt leading away from the dumper. I

notified Chris Southern, Plant Manager, of the

observation and that there were no establishment

employees addressing the piled birds. I proceeded

to the other side of the dumper in order to better

visualize the situation. At that angle I was able to

see a pile of poultry carcasses, up to

approximately 6-8 birds high in areas, that

contained a combination of live birds and birds

that appeared to be dead. At that time there were

two establishment employees on the belt moving

birds from the pile, down the belt, and into live

hang. The two employees that were transferring

the birds were observed picking both live and

apparently dead birds up by the wings and then

tossing them in the air a few feet further down the

length of the belt. Plant Manager Chris Southern

was notified of the poultry mistreatment and the

establishment employees immediately began

appropriately handling the birds in a manner that

would not cause unnecessary harm. I then went to

live hang again to observe the birds that were

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 48

EstNbr EstName NR# Date Task TaskName Regs Description Status

being brought into the establishment and

observed that approximately 6 birds on the belt

were dead. The birds were still warm to the touch

and multiple birds’ heads appeared swollen and

dark red to purple in color. While standing there,

the live hang belt began moving and the

remainder of the piled birds entered the live hang

area. Over 50% of the birds that entered live hang

were observed to be dead. I immediately notified

Plant Manager, Chris Southern, as well as

 of the establishment’s lack of process

control resulting in poultry carcasses that had

died by a means other than slaughter and failure

to comply with the regulatory requirements of 9

CRF 381.65(b). Regulatory control was taken and

U.S. Rejected Tag #B38471417 was applied to the

dumper by at approximately

1436 hours and was relinquished at

approximately 1439 hours following removal of all

dead birds from the live hang area. A total head

count of 318 dead birds was reported by 

 At approximately 1631 hours, the QA

manager called to confirm that video surveillance

supported the aforementioned observations and

that corrective actions were being documented.

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 49

EstNbr EstName NR# Date Task TaskName Regs Description Status

P39 Pine Manor

Inc.

ULL531

201192

2N-1

01/22/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On Monday, January 22, 2018, at approximately

1315 hours, I, , observed the following

noncompliance of regulation 381.65(b). While

performing a Good Commercial Practices

verification, eight (8) cadaver birds were observed

at the leukosis inspection area on evisceration line

#2 prior to the sorter, between 1315 and 1317

hours. The cadaver birds were removed from the

evisceration line, and none of the birds had a

bleeding cut on the neck. The birds were

immediately presented to 

 and 

notified maintenance and the 1st shift Live Hang

Supervisor to assess the situation. The 1st shift

Live Hang Supervisor, maintenance and I

proceeded up the kill line, and found that some

stunned birds were passing through the automatic

knife on line #2 without the neck being cut.  The

issues were found to be from line# 2 and therefore

the plant stopped the kill on Line #2 for the rest of

the day around 1330 hours.  In addition, on the

evening of January 22, 2018, the maintenance

supervisor replaced the bearings for the lower

roller and the rotation of the blade, and upper and

lower roller were checked for proper rotation.  On

the morning of Tuesday, January 23, 2018, I

inspected the auto-knife on Line # 2 and all the

birds were precisely passing through the

auto-knives with all the necks being cut at the

time of my observation.  Furthermore, the

back-up cutters after the automatic knives were

retrained and closely monitored for the rest of the

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.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 50

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH102

101531

6N-1

01/16/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(i),

313.15(a)(1)

At 1757 hours, on January 16th, 2018, the

following noncompliance was observed by 

 was

observing the stunning of hogs that were in pen 3;

a segregation pen for slow hogs adjacent to the

drive alley. The first and second shooter had a sort

board each and loaded captive bolt stunners. The

two shooters used sort boards to restrain a

market hog against a gate. The first shooter

placed his loaded captive bolt stunner at the hogs

head in an appropriate position. He then

discharged the captive bolt. The hog remained

standing and fought the restraint, which indicated

that unconsciousness was not achieved. While the

hog was still restrained, the second shooter

took his captive bolt stunner off of safety and

stunned the hog effectively. Further examination

of captive bolt stunner #2 showed that the

penetrating rod was not able to be extended or

withdrawn into the body of the stunner. It was

stuck at the depth of approximately 2.5cm. It is

assumed that the penetrating rod had not fully

extended to reach the brain stem. The captive

bolt stunner was taken out of service and

evaluated by maintenance personnel. 

 was informed verbally of

the noncompliance. Plant manager Don Brophy

was then called to the barn and informed verbally

of the noncompliance. This is written notification

of regulatory noncompliance.

CLOSED

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


Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 53

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH271

302140

7N-1

02/07/2018 04C02 Livestock

Humane

Handling

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

On February 7, 2018 at approximately 1020 hours

while observing stunning effectiveness in the

suspect pen observed the following

noncompliance. After completing ante mortem

inspection started

to captive bolt stun the hogs in the suspect pen

with a management support team member as the

back up shooter. A hog was restrained properly

and upon firing of the captive gun the gun had an

odd sound and the bolt penetrated the skull of the

hog but the hog remained standing fully

conscious.  While still being restrained the hog

lunged forward toward the corner necessitating

the restraint be corrected, which was done

immediately.  The management support team

member immediately using the pre-loaded back

up captive bolt gun effectively stunned the hog on

the second attempt.  At that time captive bolt gun

#2 was immediately taken out of service to be

evaluated by maintenance. observed

the team members present assess the hog for an

effective stun and then immediately stop the

stunning process as per the establishment's

systematic approach and notify 

 of the incident.  The CARE

monitor also notified

and in turn 

  The incident was immediately discussed

and all three members of management then

observed the captive bolt stunning of

the remaining hogs in the suspect pens as well as

pen 3. The establishment also went into

category intensified of their CARE monitoring

program as part of their systematic approach. 

 and were notified both

verbally and now in writing with this NR of the

establishment's failure to comply with the

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

similar NR GEH1021015316N/1 was documented

CLOSED

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

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 54

EstNbr EstName NR# Date Task TaskName Regs Description Status

on January 17, 2018 for the same regulatory

noncompliance.


Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 57

EstNbr EstName NR# Date Task TaskName Regs Description Status

 was not present yet. 

 arrived in the barn shortly after 

 arrived.  discussed the incident

with them initially as had not yet

arrived.  Both and asked if

there was a person at the back gate of the scale

when the team member opened the front gate to

which explained that there was not. 

 explained the seriousness of the

incident and the two down hogs, which increased

both the excitement of the group of hogs along

with the discomfort the down hogs experienced

while at the bottom/back of the pile of hogs on

the scale.  arrived shortly after this and

upon his arrival explained the incident

again. Immediate corrective actions were to

attempt to get the two hogs to rise since

approximately 25 minutes had elapsed.  The hog

in the center of the scale was calm, bright, and

alert and was able to get its hind feet under it and

did stand.  This hog was ambulatory but at a

clearly obvious weakened state (weak in rear) so

the hog was placed in the suspect pen.  

 then tried to get the hog at the back of the

scale up, which was still showing signs of distress. 

The hog vocalized when prompted to rise and

would not rise.  explained to 

that the hog was showing signs of injury

and/or distress from the incident even after 25

minutes.  elected to euthanize the hog

in question. , and 

were all notified verbally and now in writing with

this NR of the establishment's failure to comply

with the regulatory requirements of 9 CFR

313.2(a).

(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) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 58

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH520

903360

9N-1

03/09/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

HATS Category: VIII Stunning Effectiveness On

March 9, 2018 at approximately 0915 hours while

observing captive stunning of hogs in the suspect

pen, observed the following

noncompliance. Two employees properly

restrained a hog with 2 sort boards. The primary

shooter placed the captive bolt gun to the skull of

the hog. The hog abruptly threw its head back

which caused the gun to fire the bolt through the

snout.  The hog immediately began to vocalize

and began fighting to be restrained; however the

team members never lost restraint.  Both shooters

immediately noticed that the hog was not

effectively stunned. Once appropriate placement

was able to be maintained the secondary shooter

using the preloaded backup gun he was holding

delivered an effective second stun, which

rendered the hog unconscious. A shift 

 was notified verbally and

now in writing with this NR of the establishment’s

failure to comply with the regulatory

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

313.15(b)(1)(iii). At that time the barn was placed

into an intensified monitoring status, which

requires 100% monitoring of the captive bolt

stunning process.  A similar noncompliance

GEH1014024716N/1 that was documented on

02/16/2018 has been associated with this

noncompliance record.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 59

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH100

105170

9N-1

05/08/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On May 8th, 2018, at approximately1912hrs, 

, while observing the

stunning of suspect hogs, observed the following

noncompliance. The 9th hog of the pen of 16,

tattoo# 0104, was restrained by the two shooters

using sort boards against the northwest corner of

the subpen. Both shooters had loaded captive bolt

stunners. The hog raised its head up to look over

the sort board. Shooter #1 placed the captive bolt

stunner at the hog’s forehead and discharged it.

The hog dropped and lay in lateral recumbency. It

then began to squeal and rolled toward the

corner. It appeared to be trying to right itself. The

second shooter immediately placed his stunner

and discharged it. The hog was unconscious at

that time. The captive bolt wounds were

evaluated. There was one hole appropriate for

unconsciousness and a second hole higher on the

head, which may have communicated with the

frontal sinus and not the brain. called

for and informed him

of what occurred. He was verbally informed of the

noncompliance.  called Plant Manager

Don Brophy, and 

 to the barn, and they were also informed

verbally of the noncompliance. Shooter one’s

captive bolt, #3, was taken out of service to be

evaluated. The shooters were instructed to use the

U board and sort boards, instead of just the sort

boards. The barn went into intensified monitoring

status.  Any further corrective actions will be

noted in the response to this NR. This is written

notice of the noncompliance.

OPEN

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 60

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244I Tyson Fresh

Meats, Inc

GEH581

905151

0N-1

05/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On May 10th, 2018, at approximately 1913hrs,

, observed the

following noncompliance. was watching

the stunning of slow hogs in pen# 3. The two

shooters had loaded captive bolt stunners, a U

board and one sort board used to restrain and

stun the hogs. The two shooters moved the U

board across the ground to restrain a female

market hog, approximately 275#, against the wall

of the pen. The first shooter placed the captive

bolt against the hogs forehead and discharge it.

The hog squealed and did not go down. While the

hog was still in the U board, the second shooter

immediately placed his captive bolt stunner over

the circular impression and rendered the hog

unconscious. Prior to the second shot, the hog

raised its head over the U board enough to see the

impression of a circle on the forehead without any

blood coming from it. The first shooter’s captive

bolt, #3, was stuck with the bolt protruding from

the muzzle approximately 0.5 cm. It is assumed

that the first shot did not penetrate the skin fully. 

Captive bolt #3 was taken out of service to be

evaluated by maintenance personnel. 

spoke to . It was

noted that the same captive bolt stunner was

involved in a noncompliance record two days

prior. arrived at

pen # 3 and was informed of the noncompliance

along with 

as called to the barn. 

informed him of the noncompliance, as well. 

 arrived at

the barn and was given captive bolt#3. He stated

that it would be tested and taken apart. The

plant is continuing with intensive monitoring. Any

further corrective actions will be noted in the

response to this noncompliance record. This is

written notice of noncompliance.

OPEN

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 61

EstNbr EstName NR# Date Task TaskName Regs Description Status

M788 Aurora Packing

Company, Inc.

GLK310

801431

7N-1

01/17/2018 04C02 Livestock

Humane

Handling

313.1 I was performing ante-mortem inspection at

about 8:35AM in the livestock yards, when I

observed one head of cattle slipped and fell on the

floor. The location of this incident was in the alley

in front of the pen # 6. Ice was built up in this area

of about 7x5 feet. I didn't see any salt in this area.

Outside temperature was below freezing on this

day. I saw four more head of cattle slipped in this

area and two of them fell on the ground. The

company put salt in this area before using the

alley again. The three head of cattle which fell on

the floor, got up without any assistance and

walked away in the pen # 6. This incident was a

violation to the 9CFR 313.1(b) which states,"

Floors of livestock pens, ramps and driveways

shall be constructed and maintained so as to

provide good footing for livestock. Slip resistant or

waffled floor surfaces, cleated ramps and the use

of sand, as appropriate, during winter months are

examples of acceptable construction or

maintenance".

CLOSED

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 63

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17564 Indiana

Packers

Corporation

MLO08

110213

09N-1

02/08/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV Handling During Ante Mortem

Inspection On 02/08/2018 at approximately

0910 observed the following

non compliance while performing ante mortem

inspection.  While observing the hogs in pen I

 observed that the hog panel lining the

entrance gate had a section of approximately 3"

by 15" partially broken loose from the rest of the

panel.  This section was pulled down from the

main piece of panel and was protruding into the

pen approximately 12" and had multiple wire

points sticking out of it.  

 was shown the non compliance and the

entrance gate was rejected with tag B22935285. 

The hogs were examined and passed ante mortem

inspection and were then moved out of the pen

and to the stunner.  At approximately 1150 

reinspected the gate following repair to the

panel.  The gate was still found to be defective

due to a heavy duty fence staple.  The staple was

anchored into the wooden gate on one end and

the other end of the staple was sticking straight

out approximately 1 1/2 to 2".  

 was again shown the non

compliance.  At approximately 1210 the gate was

again reinspected and the reject tag was removed.

 was notified

verbally and now in writing with this NR of the

failure to comply with regulatory requirement

9CFR 313.1. Immediate corrective actions were to

remove the hogs from the pen and to have the

panel replaced.  Upon the second rejection, the

fence staple was removed. Preventative measures

will be outlined in the establishments written

response to this NR. This document serves as

written notification that your failure to comply

with regulatory requirements could result in

additional regulatory or administrative action.

CLOSED

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

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 64

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19185 Spectrum

Preferred

Meats, Inc

ASE110

703022

3N-1

03/20/2018 04C02 Livestock

Humane

Handling

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

approximately 0823, on 03/20/2018 at

establishment M19185 while passing through the

barn, a moribund gilt was observed in the suspect

pen area. A nearby establishment employee was

immediately alerted that this animal is

ante-mortem condemned. An establishment

employee retrieved the captive bolt gun and

delivered one shot to the head of the gilt. The

animal was then observed to lift its head off the

ground and look around, it was still breathing and

conscious. The establishment employee

immediately loaded another shell and attempted

a second shot. The gun did not go off. He reset

and tried again. He changed shells, and shot the

animal, this time rendering the gilt unconscious.

Closer examination of the gilt’s head after the

successful blow found 2 separate holes in the

forehead. This is noncompliant with 9 CFR

313.15(a)(1) in that the establishment failed to

apply the captive bolt to the gilt so as to produce

immediate unconsciousness. 

 and 

were notified of the noncompliance and

that a noncompliance record would be issued.

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 65

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19185 Spectrum

Preferred

Meats, Inc

ASE321

204220

2N-1

04/02/2018 04C02 Livestock

Humane

Handling

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

approximately 0711, on 04/02/2018 at

establishment M19185 while conducting

ante-mortem inspection in the barn, a hog was

observed in the kill pen that rose to its feet with

difficulty, immediately falling over onto its side, it

had moderate diffuse dermal erythema, and ears

that were dark red to purple in color. This hog was

immediately USDA ante-mortem condemned. An

establishment employee retrieved the captive bolt

gun and delivered one shot to the head of this

hog. The animal was then observed to lift its head

and sit up into a dog sitting position. The

establishment employee immediately reloaded.

As the employee moved the captive bolt gun

toward the hog’s head for a second shot, the hog

was observed to consciously move its head away.

A second shot was delivered, rendering the hog

unconscious. Closer examination of this hog’s

head after the successful blow found 2 separate

holes in the forehead. This is noncompliant with 9

CFR 313.15(a)(1) in that the establishment failed

to apply the captive bolt to the hog so as to

produce immediate unconsciousness. 

 was notified of the

noncompliance and that a noncompliance record

would be issued. A similar noncompliance was

documented in Noncompliance Record

#ASE1107030223N dated 03/20/2018.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 66

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19185 Spectrum

Preferred

Meats, Inc

ASE121

204402

0N-1

04/19/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV-Ante-mortem Inspection At

approximately 1049 on 04/19/2018 at

establishment M19185 while conducting

ante-mortem inspection in the barn, a hog was

observed to be down and moribund. This hog had

already been identified by the establishment to be

condemned. The hog was conscious in right lateral

recumbency. The Barn Manager grabbed the right

ear of the hog and was observed to lift the

animal’s head a few inches off the ground, using

the ear as a handle. Pulling on the ear in this

manner to lift the hog’s head, puts unnecessary

and excessive force on the ear of this animal.

USDA immediately got the attention of the barn

manager, instructing him to stop immediately.

Another establishment employee was instructed

by USDA to euthanize the hog. This is

noncompliant with 9 CFR 313.2 in that the

establishment failed to handle this hog with

minimum discomfort to the animal. 

 and Plant Manager

Jeremy Castle were notified of the noncompliance

and that a noncompliance record would be issued.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 67

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20263 Halal Farms

U.S.A. Inc.

MWN5

210011

003N-1

01/03/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATAGORY III Water and Feed Availability 

At approximately 1040 hrs. at your establishment

20263 in Shannon IL I observed the following

noncompliance while doing ante mortem on

livestock in the barns. Pen zero that is behind pen

one contained 10 goats. I entered the pen to

check for water availability. There was a 5 gallon

bucket frozen solid. The goats did not have water

available. I informed 

 of my observation. He checked the

bucket and moved the livestock to pen one which

was empty and had water available. I informed

Talib that an NR would be forthcoming. Your

establishment has failed to comply with

Regulation 9 CFR 313.2(e) Animals shall have

access to water in all holding pens and, if held

longer than 24 hours, access to feed. There shall

be sufficient room in the holding pen for animals

held overnight to lie down.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 68

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ221

701290

5N-1

01/04/2018 04C02 Livestock

Humane

Handling

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

01/05/2018 at 0026 hours (late in the shift

starting on 01/04/2018) while performing the

humane handling verification task in the barns, I

observed a humane handling noncompliance due

to an ineffective stun with a captive bolt gun. I

was observing 

and a barn employee perform captive bolt

stunning on a hog in the south “cripple” pen.  The

hog was in lateral recumbency and was unwilling

to change positions after the employees carefully

attempted to reposition the hog.  The

establishment employees chose to shoot the hog

with it lying on its side.  After the first captive bolt

shot, the hog remained laterally recumbent.  I

observed a spontaneous blink with the eye fully

closing and re-opening.  I also observed the hog

take a breath with chest movement and steam

coming from the mouth on exhalation.  

 instantly noticed that the hog was still

conscious and instructed the captive bolt gun

operator to re-stun the hog.  A loaded captive bolt

gun was ready and within reach and was used

instantly to re-stun the hog.  The second attempt

rendered the hog insensible immediately.  On the

second attempt, the hog began kicking reflexively

which often happens after an effective captive

bolt stun.  Its eyes were wide open with a blank

stare and its tongue loosely hanging out of its

mouth, both signs of insensibility. I would

estimate the time between the first and second

stun to be 5-7 seconds.  In this time, while the

employees were preparing for the second shot, I

observed the hog have 3 spontaneous blinks and

take 2 breaths. I informed 

 that I would be issuing a

noncompliance report for the ineffective stun.  I

examined the dead hog and confirmed 2 separate

captive bolt holes approximately 1 inch apart on

the hog’s forehead, both on the midline.  Prior to

performing additional stunning of cripples, the

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 69

EstNbr EstName NR# Date Task TaskName Regs Description Status

establishment provided verbal preventive

measures.  9CFR 313.15(a)(1) requires that an

animal be rendered immediately unconscious

through the application of a captive bolt device

with a minimum of excitement and discomfort.

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ170

101301

1N-1

01/11/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV –  Handling during ante-mortem

inspection On  01/10/2018 at 1550 while

performing the humane handling verification task

in the barns, I observed a humane handling

noncompliance due to a hog getting its mouth

caught on a hook on a chain on the gate for the

pen.   I observed a hog standing on 4 legs by the

gate for pen 307 vocalizing.  A barn employee was

standing beside the hog keeping other hogs away.

He was calling for another barn employee to assist

him to unhook the chain from the pig’s mouth.

They freed the hog, which stopped the vocalizing

instantly.  The employees kept the hog in the

alleyway, not allowing it to enter the pen with the

other hogs. I observed blood dripping from the

right side of the hog’s mouth.   Barn personnel

immediately brought two stun guns and a metal

cage to restrain the hog. Then the hog was

rendered insensible with one shot.  This is

noncompliant with 9 CFR 313.1(a) which states

livestock pens and driveways shall be free of

protruding objects which may cause injury or pain

to the animals.  

was informed that a noncompliance report would

be issued.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 70

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ320

301541

4N-1

01/13/2018 04C02 Livestock

Humane

Handling

HATS Category VIII Stunning Effectiveness On

01/14/2018 at 0255 hours (late in the shift

starting on 01/13/2018) while performing the

humane handling verification task in the barns, I

observed a humane handling noncompliance due

to an ineffective stun with a captive bolt gun. I

was walking past the cripple pens.   

 and a barn employee were

performing captive bolt stunning on a hog in the

north cripple pen.  From where I was standing, I

could not see the hog.  I heard a captive bolt shot

followed by a quick vocalization from the hog.  I

peered over the wall and observed the hog "dog

sitting" (sitting on its hind quarters andstanding

on its forequarters) and breathing with chest

movement.  The employees instantly noticed the

hog was still sensible.  An additional, loaded

captive bolt gun was within reach and was used to

take a second shot which rendered the hog

insensible immediately.  I followed the

unconscious hog all the way through the process

until the stick pen, and it remained unconscious.  

I informed that I

would be issuing a noncompliance report for the

ineffective stun. Prior to performing additional

stunning of cripples, the establishment provided

verbal preventive measures.  This is being

associated with noncompliance

WLJ2217012905N/1 from 01/05/2018 when an

ineffective stun with a captive bolt gun was also

observed.  The previous corrective action of

retraining was ineffective in preventing this

noncompliance from occurring. 9CFR

313.15(a)(1) requires that an animal be rendered

immediately unconscious through the application

of a captive bolt device with a minimum of

excitement and discomfort.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 71

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ320

301541

4N-2

01/13/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category V -  Handling of Suspect and

Disabled On 01/14/2018 at 0300 hours (late in

the shift starting on 01/13/2018) while

performing the humane handling verification task

in the barns, I observed a humane handling

noncompliance due to a barn employee

inappropriately moving a non-ambulatory hog. I

was observing barn employees handle hogs in the

sorting pen just prior to the push gate alleyways.  I

observed a fatigued hog stop walking and drop to

the ground.  It ended up in sternal recumbency

with its legs underneath it. I observed an

employee try to get the hog up by patting the hog

on its back with his hands.  The hog did not get

up.  I then observed the employee push the hog

with his hands, dragging its butt along the

ground.  The hog did not vocalize during this

process.  They got it close to the wall and placed a

semi-circular metal protector around it to protect

it from the next group of hogs that was entering

the pen.  I informed Manager Troy Knutson I

would be issuing a noncompliance report for

inappropriately moving a fatigued hog. 9CFR

313.5 requires that conscious disabled animals be

moved on equipment suitable for such purposes.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 72

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ310

102132

1N-1

02/20/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 HATS Category IV – Handling during ante-mortem

inspection  On 2/20/2018 at 1823 hours while

performing ante-mortem inspection of market

hogs for slaughter, I observed the following

humane handling non-compliance for a hog

having the hook end of a chain caught in its

mouth.   While inspecting hogs in pen 621, I

observed a center pen dividing gate moving freely

amongst the hogs with a hog vocalizing as it

walked with the moving free end of the gate. As a

barn employee attempted to move hogs away

from the gate as to properly secure it to the

perimeter wall, a hog was observed to be caught

by the hook on the end of the chain at the right

oral commissure. This chain and hook apparatus is

located at the free end of the gate and is used to

secure the gate to the perimeter wall and secure

the gate into position to divide the pen. The

employee prevented the gate from moving and

restrained the hog to remove the hook from its

mouth. Once the hook was removed from the

hog’s mouth, the hog immediately stopped

vocalizing and walked calmly with the other hogs.

Upon exam, no blood was seen dripping from the

mouth. The hog, along with the remainder of the

hogs in the pen, was ante-mortem inspection

passed. The hook was temporarily removed from

the end of the chain until a permanent repair was

performed. This is non-compliant with 9 CFR

313.1(a) which states, in part, livestock pens and

driveways "shall be free from sharp or protruding

objects which may, in the opinion of the

inspector, cause injury or pain to the animals" and

9 CFR 313.2(a) which states, in part, handling of

livestock shall be done with "a minimum of

excitement and discomfort to the animals." I

informed of

the forthcoming non-compliance record.  This

non-compliance record is being associated with

NR WLJ1701013011N/1 from 1/10/2018 for a

similar incident. The company failed to address

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 73

EstNbr EstName NR# Date Task TaskName Regs Description Status

this issue in which a hog became caught on a

gate’s hook and chain.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 74

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ272

204172

0N-1

04/20/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water and Feed Availability  

On 4/20/2018 at approximately 2130 hours while

performing humane handling verification activities

in the butina room fatigue pen, the following

non-compliance was observed.   Upon entering

the butina room fatigue pen to perform

ante-mortem inspection on

fatigue/non-ambulatory hogs, two hogs were

present within the pen. With non-physical

encouragement, both hogs comfortably rose to a

sitting/standing position from a sternal position

Hogs are placed in this pen when they become

fatigued or non-ambulatory upon entering the

alley/chute system leading up to the butina/CO2

stunners and are reserved for further PHV

ante-mortem disposition prior to slaughter. It was

then noticed that the metal C-gate used for

restraining single hogs or protecting

non-ambulatory hogs from others being driven

around them was placed around the nipple

waterer system of the fatigue pen and up flush

against the North wall of the pen as so that there

was no access to the watering system.  There was

no secondary watering system present in the pen,

i.e. the plastic self-waterer utilized in the winter

months. 

was notified of the non-compliance. Immediate

corrective actions were to remove the C-gate from

the pen and to show all barn employees

responsible for this area why the gate cannot be

placed in such a manner.  Both hogs were

ante-mortem inspected and passed for slaughter. 

This in non-compliant with 9 CFR 313.2(e), which

states animals shall have access to water in all

holding pens. This concern was previously

discussed on 4/19/2018 for the monthly

evaluation of a robust systematic approach to

humane handling as documented in

Establishment Awareness Meeting MOI

WLJ5503041920E.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 75

EstNbr EstName NR# Date Task TaskName Regs Description Status

M17D+P76

13+V17D

Smithfield

Packaged

Meats Corp.

WLJ180

404472

2N-1

04/21/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS Category VII – Stunning Effectiveness  At

approximately 0141 hours (end of 2nd shift

starting on 4/21/2018) while performing Humane

Handling Verification Activities – HATS Category

VII Stunning Effectiveness in the butina room

fatigue hog pen, the following non-compliance

was observed.   A fatigued hog was restrained

with the metal C-gate against the closed gate at

the South entrance to the pen. Establishment

employees placed the hog into a sitting position.

Two establishment employees were present to

captive bolt stun the hog. Each employee had a

loaded captive bolt gun. The captive bolt gun was

placed perpendicular to the plane of the forehead

along direct midline approximately five inches

rostral from the poll. At the same time as the

employee dispatched the gun, the hog moved its

head left lateral and ventral. This caused the

captive bolt to enter at the cranial aspect of the

right ear base leaving the hog fully concious. The

hog remained sitting, shook its head, and

vocalized. The hog blinked several times, visually

tracked the movement of the establishment

employees around it, and attempted to rise on

four limbs and back up to avoid the second

captive bolt gun.  After the establishment

employees successfully restrained the hog, an

effective captive bolt stun was administered

rendering the hog immediately unconcious. The

hog dropped to the ground in a lateral recumbent

position and began reflexively kicking

 was informed of the

forthcoming non-compliance. The hog was

retained on the kill floor with USDA Retain tag

B37081084. Upon examination of the head, the

first captive bolt stun entered at the cranial aspect

of the base of the right ear. The tract of stun

traveled lateral, rostral, and ventral extending

through only the soft tissue of the temporal

mandibular joint. This stun did not penetrate the

calvarium of the skull. The retain tag was removed

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 76

EstNbr EstName NR# Date Task TaskName Regs Description Status

and the carcass was released into production. The

head and viscera were sent to inedible rendering.

As the incident occurred at the same time as the

last hogs for the days production were entering

the butina system, no regulatory control action to

suspend slaughter operations was taken. After

discussions of the incident with night shift

 verbal corrective actions were

received. This is non-compliant with 9 CFR

313.15(a)(1) "The captive bolt stunners shall be

applied to the livestock in accordance with this

section so as to produce immediate

unconsciousness" and as "animals shall be

stunned in such a manner that they will be

rendered unconscious with a minimum of

excitement and discomfort."

M1620 Quality Pork

Processors

QMO20

230141

19N-1

01/19/2018 04C02 Livestock

Humane

Handling

313.2, 313.5 HATS Category VIII: Stunning Effectiveness At

approximately 9:07 pm, as I was walking through

the bleeding and sticking area, I observed a hog

lying on the floor at the end of the west shackle

conveyor.  The shackle conveyor is approximately

two feet above the floor.  The hog was laterally

recumbent and had no visible signs of injury. The

hog was conscious as noted by: its eyes were

tracking and blinking, it was lifting its nose and

head, and was rhythmically breathing.  I notified

an employee and the employee immediately

captive bolt stunned the hog, rendering it

unconscious.  I stopped the CO2 stunning

operation with U.S. Reject Tags B38175114 and

B38175115.  I notified 

 and 

   After the establishment

proffered verbal corrective actions, I removed my

US Reject Tags and slaughter operations resumed.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 77

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2439+P2

439+V2439

Ranchland

Packing Co.

WHN11

090119

03N-1

01/03/2018 04C02 Livestock

Humane

Handling

Category III Water and Feed Availability On

January 3, 2018 at 0610 hours, 

 observed the water tanks that

serve pen #2 frozen over with ice.  Water was not

available to 3 cattle in pen #2. The ice was

approximately 3⁄4 of an inch in thickness. This is in

violation of 9 CFR 313.2(e) which states, “Animals

shall have access to water in all holding pens. “ A

regulatory control action was taken by FSIS IPP

with the placing of U.S. Rejected tag number

B10717847 to pen #2. The designated 

 was verbally notified of

the noncompliance at the time of the observation.

The immediate corrective action was to move all

livestock to different pens that had available

water, replace the water tank heater and break

the ice exposing the water beneath.  Plant

Manager, Justin Fisher, was notified in writing

with the issuance of this noncompliance record. 

Please note that is noncompliance record is

associated with noncompliance number

WHN4109122806 dated December 06, 2017 for a

similar instance.

OPEN

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 78

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2460+P2

460

Cimpl's, Inc. PMB30

110332

24N-1

03/24/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 6:15 a.m., while performing

HATS Category IV Ante-Mortem Inspection and

verifying HATS Category III Water Availability, I

) observed that animals

in Pen 15 appeared to be overcrowded.  Upon

further observation, I noted that Pen 15 contained

32 mature Holstein cows that had been held

overnight. The cows were packed tightly together

while standing. No open space was observed in

the pen nor did I observe any cows lying down

from my vantage point at the front of the pen. 

Based on the stocking density of the pen and the

apparent overcrowding, the animals were not

freely able to move around the pen to gain access

to water. Upon noting my concern to 

), the cows were

removed from Pen 15 and placed in Pen 17 which

allowed the cows to move freely and have access

to water.  In addition, within approximately 5

minutes of the animals being placed in Pen 17, I

observed 9 of the cows laying down. At

approximately 6:30 a.m., and I

observed that animals in Pen 3 appeared to be

overcrowded. Upon further observation, we noted

that Pen 3 contained 25 cows (a mix of mature

beef cows and mature Holstein cows) that had

been held overnight.  There were 4 cows observed

laying down in the pen.  The cows in the

remainder of the pen were packed tightly

together while standing.  No open space was

observed in the pen.  Again, based on the stocking

density of the pen and the apparent

overcrowding, the animals were not freely able to

move around the pen to gain access to water.  I

notified .  Upon moving the cows to

a larger pen (Pen 16) with readily available access

to water, it was observed that one of the cows

that was laying down in Pen 3 would not rise. 

This animal was identified as non-ambulatory

disabled and was condemned on ante-mortem

inspection.

OPEN

(b) (6)

(b) (6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 79

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2460+P2

460

Cimpl's, Inc. PMB20

160430

13N-1

04/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.15(b)(1)

(iii), 313.2

HATS Category VII, HATS Category VIII At

approximately 3:25 p.m., while performing

veterinary dispositions on the harvest floor, I 

) heard a cow vocalizing in the

stunning area.  After approximately 1 minute of

hearing almost continuous vocalizing, I proceeded

to stunning area and arrived approximately 1

minute later.  Upon further observation and

verification of HATS Category VII, I noted that the

right rear leg of a conscious adult beef cow

was entrapped in the head catch component of

the restrainer (no stunning attempts had been

made). At that time, also arrived to the

stunning area and noted that he was performing

ante-mortem inspection in the barn but that

he heard a cow vocalizing for an extended period

of time in the stunning area so came to observe

the situation.  The right rear leg of the cow was

twisted and caught in the chin restraint which is

approximately 3 feet off the floor.  The remainder

of the cow was on the floor caught in between a

metal bar and a concrete wall. The cow was

struggling to get it's front feet underneath it but

was unsuccessful.  The cow continued vocalizing

and struggling to move until it was euthanized

approximately 3 minutes later. Following

verification of HATS Category VIII, and

I observed that that hair had been completely

rubbed off the hide on the leg where it was caught

in the restraint.  I notified

) of the non-compliance

and applied U.S. Reject Tag B38173215 to the

restraining device.   noted that he

arrived shortly before I did but that he was told

that the cow had jumped through the head

restraint.  After verbal preventative measures were

provided, I removed the U.S. reject tag from the

restraining device and production resumed.

OPEN

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 80

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7138+P7

138

Valley Meat

Supply

LOD411

402101

3N-1

02/13/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On February 13, 2018 at approximately 0820

hours, while performing HATS Category

IV – Handling during Ante-mortem Inspection and

observing HATS Category II – Truck Unloading, I

observed one of the three cattle that were being

unloaded slip its right hind leg through a gap,

slightly wider than the leg, between the trailer

and the unloading ramp. The animal obtained a 2

inch cut to the front of the leg between the hock

and the pastern that bled readily even as the

heifer was fully ambulatory. The animal pulled

free quickly. Neither of the other two animals was

affected.  Since the other animals were unharmed

during unloading and no other animals were

present, no regulatory control was taken. Plant

Owner, Mr. Rod Haugtvedt, observed the incident

and I informed him of the forthcoming

noncompliance with 9 CFR 313.1(b) and 313.2(a).

CLOSED

M7785+V7

785

Huettl's

Locker &

Dressing Plant

FPI5613

015515

N-1

01/12/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0715 hours, an equipment

failure occurred outside of the building in the

livestock loading area. A trailer being unloaded

with 3 beef was unable to open the sliding door to

the trailer. The recent cold and snow had frozen

the door shut. The driver decided to open the

main door to unload the beef. The establishment's

area makes this difficult to achieve. The door was

attached by chain to the angled chute, but not

tight enough. A beef escaped and ran down the

road. The animal was not harmed during the

unloading. A chase ensued and the animal was

"knocked" off property, rendering the animal not

eligible for USDA inspected slaughter. The driver

returned with the remaining 2 beef and was able

to open the sliding door with a screwdriver. No

other issues occurred with the remaining

animals.  was informed a NR would be

documented.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 81

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8916+P8

916

St. Joseph

Meat Market

LZC281

404192

3N-1

04/23/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 0715 hours while performing a

humane handling verification task, HATS VIII

Stunning Effectiveness, I witnessed the following

non-compliance:  In the paneled chute adjacent to

the knock box, a Holstein steer kicked his right

rear limb out unprovoked through two horizontal

metal bars.  Consequently, the steer’s right rear

foot became trapped in between the bars of the

panel.  There is also a latching mechanism located

at this particular point.  Working to minimize

stress to the animal, an establishment employee

opened the gate between the chute and the knock

box.  The establishment employee then helped

free the steer’s foot and the steer walked into the

knock box.  While in the knock box the steer

shifted his weight back and forth to avoid putting

pressure on the right rear limb.  I examined the

latching mechanism on the chute panel; on the

inside of the mechanism I noted hair and blood on

a sharp edge of the metal latch.  The sharp metal

edge is not usually exposed to livestock that stand

in the chute, but when the steer kicked out the

metal edge was exposed.  On post mortem

examination I appreciated an approximately 4

inch long, partial thickness laceration on the

medial (inside) portion of the right rear limb

consistent with where the limb was trapped.  I

discussed my findings with 

 notified him of the

forthcoming non-compliance record.   

stated that the establishment will use a

grinder and remove the metal edge before the

next slaughter day.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 82

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8961+P8

961

New Munich

Meats Inc

VQB581

003502

6N-1

03/26/2018 04C02 Livestock

Humane

Handling

313.1 While performing a Humane Slaughter, HATS

Category II Truck Unloading, task at approximately

0845, the following non-compliance was

observed:  the steel door leading into the

ante-mortem pen had two screws and a piece of

protruding metal hanging loose (area of

approximately 2 ft. X 4 ft.) that could injure an

animal's foot or body as it passed by the door

entering into the ante-mortem pens.  Garry

Kuhlmann, Plant Owner, was immediately

informed.  A US Reject tag #B34332320 was

placed on the door until the door is fixed.  The

requirements of 9CFR 313.1 (a) has not been

adequately maintained.

CLOSED

M8961+P8

961

New Munich

Meats Inc

VQB341

104023

0N-1

04/30/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 0855 hours while I was

observing the HATS category VIII – stunning

effectivness task, by plant management

performing this using a 22 caliber rifle, on the

third black Angus Beef for the day.I observed after

the initial shot to stun it, that it was still standing,

conscious, aware of its surroundings, but not

vocalizing or thrashing about. Plant

management’s immediate corrective action was

to immediately shoot the animal a second time,

which was effective to render it unconscious and

insensible. Plant management (Garry

Kuhlmann – Plant Owner) was verbally informed

of the non-compliance with regulation 313.16(a)

(1), to which they had not rendered

unconsciousness and insensibility immediately

with their first shot. Plant Management gave a

verbal further planned action and stunning was

allowed to resume.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 83

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8979+P8

979

New Geneva

Meats &

Processing Inc.

BAM38

130126

09N-1

01/09/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Water and Feed Availability (9

CFR 313.2).  At approximately 1255 hours, I was

walking across the street to perform a

Fully-Cooked, Not Shelf Stable, verification task at

Dean's Smoke Shack when I observed an animal

trailer parked next to the old car wash (an edifice

owned by Geneva Meats to store equipment). 

With the knowledge that the kill-floor was

expecting 20-30 more animals to slaughter, I took

a look inside the trailer.  I observed approximately

25 goats at rest and noted that there was no

water available.  I notified the kill-floor attendants

of my observations to which a plant team

member left to take immediate corrective

action.  I then notified 

 that I will be documenting my

observations in a non-compliance report.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 84

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8979+P8

979

New Geneva

Meats &

Processing Inc.

BAM14

140347

13N-1

03/13/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 03/13/18 at approximately 1050 hours while

performing Humane Handling Verification Tasks to

verify HATS Category VIII (Stunning Effectiveness)

and IX (Consciousness on the Rail); I observed the

following noncompliance during the stunning of a

goat. In the knocking pen, a plant employee

restrained a goat with his left forearm underneath

its head and attempted to stun the animal with a

hand-held captive bolt device on the goat’s

forehead. The first stun was ineffective as the goat

did not drop to the floor, the goat vocalized and

jumped vertically approximately two times. The

,

utilized the back-up hand-held captive bolt device

immediately and effectively rendered the goat

unconscious with a stun to the poll area. Upon

examination of the skinned head there were two

distinct wounds. Slaughter operations were

verbally discontinued. I discussed the stunning

incident with and he

called Plant Manager Mr. Paul Smith by phone to

notify him of the incident and my intent to issue

this noncompliance report.  Slaughter operations

were allowed to continue after corrective actions

and preventative measures were discussed and

implemented. The establishment is noncompliant

with the regulatory requirements set out in 9 CFR

313.15(a)(1).

CLOSED

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

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 86

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244P+V2

44P

Tyson Fresh

Meats, Inc

FJJ4715

045319

N-1

04/17/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 2:45Pm, Monday, April 16,

2018, while performing Ante-Mortem duties in

the barn (HATS Category IV - Handling During

Ante-mortem Inspection), I witnessed a distressed

hog with its head wedged between a gate and a

wall. This is a violation of 9 CFR 313.1(a).  The

gate and the wall created a V-formation in which

the hog had entered the V at its wide end,

wedging its body in the V.  The hog had entered

up to its neck but could not move further forward

and was unable to back itself out.  The hog had

collapsed onto its hocks on its front end, and

upright on the back end, was panting, and its face

was reddened and injected.  I immediately

pointed the situation out to the establishment

employee.  The gate could not be pulled wider as

the hog had gone down which extended the space

to the full extent of the chain which held it.  Also,

for this reason, the chain was unable to be pulled

off the gate to release it, due to the pressure

placed on the chain from the wedged hog, making

it impossible to move the chain up the post to

release it.  The employee then reached in between

the gate and began tapping the hog on the

forehead.  After several attempts, the hog leaned

itself backward, away from the tapping hand,

enough to relieve pressure on the gate and the

gate was released by sliding the chain.  The hog

then stood up, walked away, and did not appear

to have any injuries from being trapped by the

gate. Upon my return to the office, I informed

 of the

incident and of the pending NR.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 87

EstNbr EstName NR# Date Task TaskName Regs Description Status

M3S+V3S Swift Pork

Company

PUN41

060341

27N-1

03/26/2018 04C02 Livestock

Humane

Handling

313.2 Today 3/26/18 at approximately 1046 hours I, 

 was performing a directed

humane handling task, truck unloading HATS

category II. I positioned myself at the end of the

north most unloading pen where I had a clear,

straight on view inside the trailer and the

unloading ramp. While performing my review and

observation I observed a non-ambulatory hog, in a

dog sitting position, at the top of the trailer on the

ramp with his back left leg splayed out. The

trucker was in the truck at the top of the ramp

and the hog was facing down the ramp (towards

unloading). The trucker stepped in front of the

hog and used his sort board to turn the hog

around so that the hog was now facing into the

trailer. After he turned the hog to face into the

trailer, the trucker then stepped around and got in

front of the hog again (the trucker was now in the

truck facing down the ramp and the hog was still

dog sitting facing into the trailer near the top).

 The trucker then angled the sort board and

placed the base of the board underneath the hog’s

chest area and neck. The trucker then pushed the

board in an upwards motion causing the

non-ambulatory hog to flip end over end

approximately 2 1⁄2 times backwards down the

ramp and land at the base of the ramp stretched

out on his belly. I took an immediate regulatory

control by halting any further unloading from the

trailer and informed 

 of my observations. The truck

unloading humane handling monitor was

eventually able to coax the hog to rise and to walk

from the base of the ramp. The hog showed

neurological symptoms, was very weak, and had

little control of his hind end. I did not observe any

additional injuries to the hog. 

 elected to euthanize the hog

which was performed under my direct observation

and rendered unconscious. The remaining hogs on

the truck were unloaded by trained

CLOSED

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

(b) (4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 88

EstNbr EstName NR# Date Task TaskName Regs Description Status

employees without incident. I informed 

 that an NR

would be issued. This represents non-compliance

with 9 CFR 313.2(a) and 9 CFR 313.2 (b) for failure

to minimize excitement and discomfort while

driving an animal from the unloading ramp to the

holding pen.

M244W Tyson Fresh

Meats, Inc.

BTD450

901391

7N-1

01/16/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 1010 hours on Tuesday

01/16/18, I ) was verifying

HATS category III, Water Availability in Pen 14,

found all four waterers failed to produce water to

Pens 13 & 14. I determined this by pressing on

multiple nipples on each side of all waterer units

that supply water to both pens. This fails to meet

the requirements of 9CFR 313.2(e), stating

animals shall have access to water in holding

pens. No other pens were affected. At this time,

Pen 13 was being driven to kill and Pen 14 had

just been emptied. I immediately notified

 of the issue and he

immediately checked the water line supply to

these pens and found it had been shut off. He

then turned the valve to turn on the water supply

to the pens and verified that each waterer was

effectively supplying water by testing multiple

nipples of each waterer unit. Records indicate

the first tattooed hogs were filled into Pen 14 at

04:7 hours and Pen 13 was filled immediately

afterward. When I began ante-mortem inspection

at 0608 hours, both pens were full and Pen 12

was being filled. was

notified that a NR would be issued.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 89

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD341

402201

6N-1

02/16/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 1025 hours on 2-16-18, I, 

 observed a noncompliance

while performing HATS task category II, truck

unloading.  In local chute 1, the truck driver was

unloading the top level of the trailer with a rattle

paddle. Outside, a neighboring truck driver would

switch back and forth from sticking the handle of

his rattle paddle into the truck which was

unloading, or banging his rattle on the outside of

the trailer, creating excessive noise. A group of

approximately 12 pigs were squeezing together as

they attempted to go down the ramp. One hog

was pressed against the right wall at the top of

the ramp and the force of the other hogs

squeezing through the group to get down the

ramp, spun her around. As the group thinned out,

the hog on the right fell down and one of the last

hogs of that group ran over the down hog. The

down hog stood up immediately, appearing

uninjured, turned around and walked down the

ramp by herself.  I notified the dock monitor next

to me of the situation immediately after it

occurred. The dock monitor walked up to the

trailer and made multiple attempts to talk to the

truck driver. The truck driver continued to unload

hogs, driving another large group of hogs toward

the ramp. At this time, I notified 

 of the observed noncompliance with

9CFR 313.2(a).   ,

was notified that the establishment’s failure to

protect a down hog from being run over would be

documented on a noncompliance record.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 90

EstNbr EstName NR# Date Task TaskName Regs Description Status

M244W Tyson Fresh

Meats, Inc.

BTD520

904371

6N-1

04/16/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On April 14, 2018 at 12:17 in the barn at Est

244W I, , observed the

following noncompliance: As I was in the barn

finishing ante mortem inspection (HATS  Category

IV) and monitoring for slips and falls (HATS

Category VII), I came upon 

 and two team members

searching the trench drain at the west end of pens

21/22 for a resale hog.  As a group of hogs was

being driven to the trailer this hog had fallen into

the drain through an area that is typically covered

by an approximately 12 X 18in rectangle of plastic

decking; the drain depth at this location is

approximately 2 1⁄2 feet.  The hog was quickly

located in the drain approximately half way up

Pen 22.  A team member pulled off the metal

grate that overlies this section of drain and stood

in the drain to block the pig from going any

farther.  Team members were prepared to

humanely euthanize the hog, but after the grate

was removed, it scrambled out of the drain with

minimal assistance; it appeared excited but not

injured.  The rest of the resale hogs had already

been moved to another gated alleyway or loaded

onto a trailer. The piece of decking was picked up

out of the drain and set back in place.  It snugly

covered the opening, but underneath one corner

the drain margin was uneven, allowing the cover

to pop out of place when force was applied to the

unsupported corner.    Originally this section of

drain was covered with two pieces of decking, the

small loose one and a larger piece that was

secured down.  The immediate corrective action

was to replace the two pieces with one piece,

which would be secured down.  Initially the newly

cut piece did not sit flush with the ground and

there was a divot in the cement along one side

that needed to be filled, so I rejected the affected

half of Pen 21 with tags NO.B41933419 and

NO.B41932070.  The pen was released at

approximately 6:10 on April 16, after the repair

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 91

EstNbr EstName NR# Date Task TaskName Regs Description Status

was finished. This fails to meet the requirements

of 313.1 (a) and 313.2 (a).  Livestock pens and

driveways are to be maintained in good repair,

and driving of the animals shall be done with a

minimum of excitement and discomfort.  I

informed and 

 that this event would be

documented on an NR.

M244W Tyson Fresh

Meats, Inc.

BTD271

905280

4N-1

05/04/2018 04C02 Livestock

Humane

Handling

313.2 III Water and Feed Availability, IV Handling During

Ante-mortem Inspection On May 3, 2018 at

1836 hours, I, , observed the

following noncompliance with HATS Category III

Water Availability.  As I was finishing the first half

of ante-mortem inspection (HATS Category IV) and

leaving the south end of the west drive alley, I

noticed three hogs resting outside of pens 21 and

22 without access to water.  The three hogs

appeared to be meant for resale and were located

in a square pen made by the gates of pens 21 and

22, a roll-up garage door to the unloading docks,

and the west wall of the barn. This fails to meet

the requirements of 9 CFR 313.2(e) - water is to be

accessible to livestock at all times.  I informed

 and 

 that this event would be

documented on a noncompliance.  The three hogs

were euthanized immediately afterwards.

OPEN

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

(b) (6)

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 92

EstNbr EstName NR# Date Task TaskName Regs Description Status

M245L+P2

45L

Tyson Fresh

Meats, Inc

LEI0216

022716

N-1

02/16/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV- Handling During Ante Mortem

Inspection Today at approximately 1200 hours

when performing ante-mortem inspection (HATS

category IV) on pens 13/14 (double pen) the

following was noted.  This pen had recently had a

new style water tank installed.  Around all tanks

at this establishment, the company uses a piece of

metal approximately 4 inches wide by 1 inch thick

wrapped around the entire tank in an effort to

protect the pipes which supply them and to keep

the tank from being moved by the cattle.  This

rectangular piece of metal is welded to the fence

at each end of the tank.  Typically this metal

“skirting” is either tight against the tank or may

have a 1⁄2 inch or so gap.  When this new tank was

installed the contractor left a gap between this

metal and the tank of approximately 4 inches on

one end.  A steer had put a front foot through the

gap and was trapped, unable to get his leg back

out.  The steer had fallen on his side with his leg

now bent above and to the side.  The steer was

bellowing loudly.  I had one of the employees

helping with ante-mortem run to the office and

get someone to tranquilize and stun the

animal.  The steer was subsequently injected with

xylazine intramuscularly and humanely stunned

after the xylazine took effect.  

 showed

up approximately ten minutes after the animal

was initially discovered and I informed him I

would be issuing a humane handling

noncompliance for the event.  Pens 13 and 14

were tagged with U.S. Rejected Tag #B40093610

until such time the gap can be corrected.  This is a

failure to comply with 9 CFR 313.1(a).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 93

EstNbr EstName NR# Date Task TaskName Regs Description Status

M245L+P2

45L

Tyson Fresh

Meats, Inc

LEI3915

023026

N-1

02/26/2018 04C02 Livestock

Humane

Handling

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

1218 hours today I was performing HATS

Category VIII- stunning effectiveness from the

overhead.  The fourth heifer I observed was

stunned ineffectively on the first stun.  The heifer

raised her head and was aware of her

surroundings after the initial stun and was

effectively stunned approximately 1.5 seconds

later.  The heifer did not bellow or exhibit any

other sign other than raising its head after the

initial mis-stun.  The stunner did not stop stunning

as per the establishments written CARE program,

which is the establishments robust humane

handling program.  and

Slaughter Superintendent were advised of the

noncompliance.  had the head skinned

out and it was noted that the first stunning

attempt hit the heifer above the right eye at an

angle towards the ear, missing the brain entirely.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 94

EstNbr EstName NR# Date Task TaskName Regs Description Status

M889A+V8

89

J.F. O'Neill

Packing Co.

Inc.

DSC281

204120

6N-1

04/06/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III - Water and Feed Availability On

April 6, 2018 at approximately 06:25, I (

 observed cattle penned in pens 5

and 6 while performing antemortem inspection. 

Approximately 22 horned animals weighing

approximately 1400-1800 pounds were penned in

pen 6, which is approximately 15'x24' (360 square

feet).  The animals were not able to move

throughout the pen,.  Thus, animals in the back of

the pen did not have access to the water trough

located at the front of the pen. Immediate

corrective actions included having yard personnel

release the bovines in pen 6 into the combined

pen space of pens 5 and 6.  Yard personnel had a

difficult time unlatching the gate due to the

pressure placed on it from the crowded

animals.  When the animals were released, they

did not immediately seek out the water trough. 

The ambient temperature was approximately 30

degrees F.                               I informed 

 and 

 of the noncompliance and

the issuance of this noncompliance report.  

 gave the preventative measure of

counseling the cattle receiver.

CLOSED

(b) (6)

(b) (6) (b) (6)(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 95

EstNbr EstName NR# Date Task TaskName Regs Description Status

M969G Swift Beef

Company

NDH00

150248

16N-1

02/16/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability;

Category IV - Ante-mortem Inspection At

approximately 0530 on February 16th, 2018,

while performing ante mortem inspection, I

observed the following non-compliance: I could

not visualize any water in the water tank that is

shared between pen 23 and 24.  At this time,

there were 40 head of cattle in pen 24 and 76

head in pen 23.  I asked the pens employees to

move these cattle to different pens with access to

water.  Upon examining the water tank, there

was 1⁄4 to 1⁄2 inch of ice in the bottom of the tank. 

There was a small stream of water flowing into

the tank from a water pipe, but the water flowing

into the tank immediately flowed out through a 2

inch crack in the bottom of the tank.  I placed

retain tags B38595305 and B38595306 on pens

23 and 24.  A shift 

 and 

were shown the empty water tank,

notified that a non-compliance report would be

issued, and informed regulatory control of the

pens will not be released until corrective and

preventative measures are in place.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 96

EstNbr EstName NR# Date Task TaskName Regs Description Status

M969G Swift Beef

Company

NDH21

230537

01N-1

05/01/2018 04C02 Livestock

Humane

Handling

313.1 While doing humane handling and ante-mortem

task for PHIS I noticed the following

non-compliance: Cattle were being placed into

pen 45. As the cattle started to fill the pen, I

noticed on the south side of the pen that the

fence was moving and not secured. After further

observation, the fence between pens #45 and SF 3

was broken and the use of corral panels were

installed to correct the problem. The corral panels

were attached by the use of rope being wrapped

around them at several locations and then tied

off. Because of this the fence moved 2 feet in

either direction and was of unsound construction.

were notified that I had tagged pen

#45 with U.S. Rejected tag #B37077611 and SF-3

pen was U.S. Rejected tag #B37077612. Pens

supervisor also tagged up and locked out the

same pens. Regulatory control action along with

plant control action were taken at approximately

2300 hours to prevent a possible humane

handling issue.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 97

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5511 Gibbon

Packing, LLC

JYA311

503441

9N-1

03/17/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii)

Today, 03/17/2018 at approximately 1215 

 notified me that she was seeing small

lacerations on the heel bulb of cattle while

observing knocking at the restrainer but could not

tell if they were antemortem or postmortem

findings. At approximately 1250 hours I went to

watch knocking and to observe to see if I could

identify the lacerations that was talking

about.  Within about 10 minutes I noted 3 head

that had very fresh 1 to 2 inch long lacerations on

their heel bulbs. During my observations I did not

witness any animal vocalizing or showing signs of

pain or distress. I subsequently began looking for

sharp objects in the restrainer. I located a

potential area at the back of the restrainer where

the cattle enter. I notified the 

 of my findings and I

recommended that he should stop knocking to

investigate the situation. Upon inspecting the area

in question, establishment personnel confirmed

that there was a sharp piece of metal present and

had located a piece of hide approximately half

dollar in size. The establishment requested to

grind the sharp edges down and stated that they

would replace the sheet metal over the weekend. I

agreed to this proposal provided that the

lacerations did not continue and stated that I

would have to document the incident on a

noncompliance record. The metal was ground

down so it was no longer sharp and a piece of

angle iron was inserted underneath it to further

prevent cattle from coming in contact with the

edge of the metal. At approximately 1330 hours

the establishment resumed operations and I

monitored the cattle for approximately 10

minutes and found no additional lacerations. This

noncompliance is in direct violation of regulations

9 CFR 313.15(b)(1)(iii).

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 98

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19336 Nebraska Beef

Ltd.

RVF071

005081

6N-1

05/16/2018 04C02 Livestock

Humane

Handling

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

Effectiveness                                                                

                    On May 16, 2018, at approximately

0722, while observing handling during ante

mortem inspection, ) and I 

 observed the following

noncompliance.  The yards personnel were

moving cattle for viewing from pen 9 to pen 28.

When pen 9 was emptied of cattle for slaughter a

new born calf was left in the pen. The yards

personnel brought a hand held captive bolt device

out to render the calf unconscious. The yards

personnel administered the first knock at

approximately 0725. The first knock was

ineffective and the calf remained conscious, still

standing, vocalized once, and took two-three

steps then laid down. A noticeable penetrating

hole approximately three to four inches below the

crown was observed on the head. Blood was

observed coming from both nostrils after the first

stun. The yards personnel that delivered the first

knock promptly went and retrieved another

cartridge for the hand held captive bolt from the

yards office. The second knock was administered

which rendered the calf unconscious. It took

approximately 30 seconds from the first stun to

the second stun. I visually showed 

 the noncompliance

and verbally informed him of the issuance of this

noncompliance report.  

verbally proffered

preventative measures.

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 99

EstNbr EstName NR# Date Task TaskName Regs Description Status

M278+V27

8

Tyson Fresh

Meats, Inc.

JKJ1223

015319

N-1

01/19/2018 04C02 Livestock

Humane

Handling

313.2 On January 19, 2018, at approximately 6:20pm I,

, observed a team member

at Tyson Fresh Meats, Inc. Establishment M278,

Holcomb, KS point and spray a fire hose and

adjustable nozzle into a group of cattle while

cleaning the alley that was holding the said cattle.

The establishment was unsuccessful in meeting

the requirements of 9 CFR 313.2(a), 313.2(b), and

313.2(c) of the Meat and Poultry Inspection

Regulations and of HATS Category VI: Electric

Prod/Alternative Object Use. I received a call from

the yards that there were cattle needing

ante-mortem inspection and proceeded outside.

While I was walking along the outside of the

drover alley, I noticed two team members were

cleaning with hoses. One was cleaning in an

empty pen around pen 21 and the other was

cleaning the kill alley on the adjacent catwalk side

of the kill alley in the vicinity of pen 23 or 24.

There were cattle positioned in the kill alley while

the offending team member was cleaning it. The

cattle were split into two groups with

approximately half located to the north of the

team member near the entrance to the snake

alley and the remainder to the south of the team

member. As the team member was spraying the

kill alley surface with a firehose and nozzle set to a

concentrated stream, one and then another

animal from the southern group of cattle moved

past him single-file along the opposite fence line

from where he was standing and towards the

cattle standing to the north of the team member.

It was at this point that I observed him redirect

the nozzle and stream, from a downward

trajectory, up and into the nearest group of three

to four cattle directly to his left and south of him

that were trying to follow the cattle that had just

passed. I saw the stream of water from the hose

hit the animal closest to the catwalk side of the

alley and the strength of the stream was such that

I could see the splatter of water appearing above

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 100

EstNbr EstName NR# Date Task TaskName Regs Description Status

the shoulder line of the cattle. The group of three

to four cattle closest to the team member made

startled movements backwards when the team

member redirected the stream of water towards

them. When I observed the noncompliance, I

took immediate action and called in the team

member’s direction to get his attention and told

him to quit spraying the hose into the cattle. The

noncompliance did not fit the definition of

egregiousness. I informed 

 and 

 of the noncompliance

and that I would execute an NR of the incident.

M2316+P2

316+V2316

Whisnant

Meat Packing

LLC

FSF411

203120

7N-1

03/05/2018 04C02 Livestock

Humane

Handling

313.2 On 3-5-18 at 0730 hours, while performing a

humane handling task, no feed was present in the

open plastic feeding tubs, or on the ground,  of

the pen containing 41 market hogs (on the

premises since 2-24-18).   At 1250 hours the Daily

Swine Feeding Log was checked.  The last

recorded feeding time was on 3-4-18 at 10:30 (no

AM or PM was marked but the previous three

days of feeding had been in the AM).  When

notified, plant manager Brett Powell immediately

called for an employee to feed the hogs.  At 1330

hours, the feed status of the hogs was checked

again and there was still no feed present.  Mr.

Powell was asked why the hogs had not been fed

and he replied that there was no feed available on

the premises and the employee went to get some.

On 3-6-18 the Daily Swine Feeding Log had 1:58

pm (1358) recorded as the time of feeding the 41

hogs on 3-5-18.    Plant manager Brett Powell

was notified of the noncompliance with the

regulatory requirements of 9 CFR 313.2 (e).

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 101

EstNbr EstName NR# Date Task TaskName Regs Description Status

M2936+P2

936+V2936

Winter Meat,

Incorporated

XOB321

404501

2N-1

04/11/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III Water and Feed Availability At

approximately 0705, while performing the

humane handling task, I, found

that there was no water available to the animals

in holding pen #3. I informed of

this issue and he immediately moved to the

animals to pen #2 where the water troughs were

filled with water. This establishment has a robust

systematic humane handling program, and has a

good history of having water available in the

holding pens. A review of the previous 90 days

records showed no documentation of a like

noncompliance. Plant management was notified,

both verbally and in writing, of the establishments

failure to meet the requirements of the Meat and

Poultry Regulations in 9 CFR 313.2.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 102

EstNbr EstName NR# Date Task TaskName Regs Description Status

M5766+P5

766+V5766

Alewel's

Country Meats

NTG251

002161

4N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

At approximately 0830 hours while performing a

Livestock Humane Handling verification task and

accompanied by , I

observed the following noncompliance.  On the

third hog slaughtered while performing Humane

Handling audit, the appointed establishment plant

employee failed to stun a hog on the first attempt

while using a electrical hog stunner.  After

the plant employee applied the stunner to the

head of the animal, the animal jumped and

vocalized and the establishment employee

jumped back and the animal was not rendered

unconscious.  The plant employee did apply an

immediate and effective stun on the second

attempt.  Because this was considered a

non-egregious incident with immediate and

effective corrective action, there was no

regulatory control action taken.  I immediately

notified who was on the

kill floor of this stun failure and then went to the

office and notified Plant owner, Randy Alewel of

what had been observed.  Mr. Alewel proceeded

to the kill floor and instructed and observed the

immediate retraining of the plant employee.  The

next animal that was stunned by 

resulted in immediate unconsciousness

with the first stun.  The next animal stunned by

the appointed plant employee was also

successful and resulted in immediate

unconsciousness with the first stun.  I notified Mr.

Alewel that a NR would be written to document

the failure to meet the regulatory requirements of

9 CFR 313.30(a)(1) and 9 CFR 313.30(a)(3).  A

review of recent NR’s did not reveal any similar

cause NR’s that will be linked to this NR.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 103

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8703 Warner Locker

Inc.

NEG380

903172

6N-1

03/26/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On 03/26/2018 at 0730 hrs at est. M8703, I 

 with the company of 

 and conducted an Annual

Humane Handling Assessment.  The plant had two

beef for inspection.  At 0730 hrs I watched as

Plant Manager Tim Whisler attempted to shoot a

heifer.  The first shot was ineffective in delivering

immediate unconsciousness to the animal.  A

second shot was successful in rendering the

animal with immediate unconsciousness.  A

security shot immediately followed the second

shot, however the animal was successfully

rendered unconsciousness after the second shot. I

discussed with Plant Manager Tim Whisler that an

NR would be written due to noncompliance with

9 CFR 313.16(a)(1): The firearms shall be

employed in the delivery of a bullet or projectile

into the animal in accordance with this section so

as to produce immediate unconsciousness in the

animal by a single shot before it is shackled,

hoisted, thrown, cast, or cut. The animal shall be

shot in such a manner that they will be rendered

unconscious with a minimum of excitement and

discomfort.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 104

EstNbr EstName NR# Date Task TaskName Regs Description Status

M13575+P

13575+V13

575

Ridgeway

Freezer Inc

DPF511

401450

4N-1

01/04/2018 04C02 Livestock

Humane

Handling

313.1 On January 4, 2018 I was going out to the pens to

preform ante mortem on the last 2 beef animals. 

 As I walked out the door I noticed one of the

cattle with its head between the bars of the pen

and it had fallen down. I checked to see if the

animal was breathing but it was dead in the pen.  I

then informed the owner, Dave Polley that they

had a dead beef out in pen 3. I then put U.S.

Retained Tag #B39956602 on the knock box until

the plant corrected the issue so the situation did

not happen again with the remaining animal or in

the future.  I then put Red Ear Tag #Z-1058497 in

the beef’s ear until the carcass was removed,

slashed, and properly denatured. The

establishment was noncompliant with 9 CFR

313.1(a) which states, “Livestock pens, driveways

and ramps shall be maintained in good repair.

They shall be free from sharp or protruding

objects which may, in the opinion of the

inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be

repaired.”

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 105

EstNbr EstName NR# Date Task TaskName Regs Description Status

P550 Simmons

Prepared

Foods, Inc.

XWN58

120218

07N-1

02/07/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) Wednesday, February 7, 2018 at approximately

1225 hours while performing a Good Commercial

Practices Check in the kill area, I observed the

back up killer on kill line 2 miss a bird that had

not had its neck cut by the kill machine. I

continued to observe the back up killer and

approximately 30 to 45 seconds later

observed him miss a second bird that had not had

its neck cut by the kill machine. I then stopped the

kill line. and 

 came to the area and I informed them

of the noncompliance. The second bird that had

been missed was located and killed. A second

back up killer was added to the line. The line was

restarted after the corrective actions were taken. I

then went to the evisceration area to ascertain if

there had been more birds missed by the back up

killer. I checked the condemn sheets and red

shackles of the food inspectors on evisceration

lines and , which are the evisceration lines fed

by that kill line. I did not see any cadavers marked

on the condemn sheets or hung for veterinary

disposition on the red shackles. I then went to the

rehang table. I observed three carcasses which

had been placed in the corner of the rehang table

which appeared to be cadavers. Before I could

reach the rehang table, 

picked up the three carcasses from the corner of

the rehang table. I caught up with 

and requested to examine the carcasses. I

determined that all three of them were cadavers

(birds which entered the scalders alive, resulting in

bright red skin and failure to bleed out). The

above described events reflect a lack of process

control in the killing area. The establishment

failed to meet the requirements of 9 CFR

381.65(b) which requires poultry to be

slaughtered with good commercial practices that

will result in thorough bleeding of the carcasses

and ensure that breathing has stopped prior to

scalding.

CLOSED

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

(b) (6) (b) (6) (b) (6) (b) ( (b) (
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 106

EstNbr EstName NR# Date Task TaskName Regs Description Status

P5787 Pilgrim's Pride

Corporation

DEB121

401261

2N-1

01/12/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) #08 On January 12, 2018 shortly after the

beginning of dayshift at 0600, a large increase in

the number of Dead on Arrival (DOA) birds was

noted.  Massive amounts of DOAs continued

throughout the day until the end of the shift.  The

day was cold and there was a brisk wind.  At 0615

the temperature was 31 degrees F with a NW 18

MPH wind and a wind chill factor of 19 degrees F. 

It was also noted that some of the birds and the

bottoms of the coups were wet.  There was a

reported total of 34,050 DOAs out of the 

birds brought into the plant; this represents a 

incidence of DOAs.  These birds died by means

other than slaughter before entering the live hang

area.  This is a noncompliance of 9 CFR 381.65(b). 

USDA expects birds to be properly protected from

the elements such as severe cold and windy

conditions so that they do not die in route to the

establishment and/or while sitting on the parked

trucks at the establishment.  The occurrence of

large numbers of DOAs is a noncompliance issue

regarding good commercial practices.  USDA did

note that at the beginning of the shift the

establishment showed due diligence in sorting

through and separating the live birds from the

DOAs once they had entered the live hang area. 

However, during a check at approximately 4:10

PM, I observed the plant emptying a coup of birds

directly into an offal truck.  I asked what they

were doing and they assured me that the birds

had been sorted through for any live birds and

only DOA birds would be placed directly into the

offal truck.  There was a coup loaded up on a

forklift that was next to be emptied into the offal

truck.  I stopped this coup and pointed out two

live birds that were still inside the “sorted” coup. 

If these birds had been dumped into the offal

truck they would have smothered thereby dying

by means other than slaughter.  The

establishment resumed properly sorting through

the remaining coups and ceased dumping them

CLOSED

(b) (4) (b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 107

EstNbr EstName NR# Date Task TaskName Regs Description Status

directly into the offal truck.      

P325 Tyson Foods,

Inc.

YDM06

150402

10N-1

04/09/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On April 09, 2018 at approximately 1500 hours

 observed the following loss of

process control in the live hang area while

conducting a GCP task. Upon entrance to the

hanging pen there were at least ten live birds

running around on the floor with one caught

underneath a footstool that a plant employee

was standing on to hang birds. The live hang table

was completely packed with birds extending at

least two layers deep. The DOA bin was three

quarters of the way full, and several live birds

could be seen breathing underneath the pile of

DOAs, feathers and dirt.  The area was determined

to be out of process control and regulatory

control action was taken in accordance with 9CFR

381.65(a).   was on

the line hanging birds and was

immediately notified to stop the hanging of live

birds. While showing the birds in the

DOA bin, a plant employee picked up a live bird

and threw it onto the belt. and 

immediately instructed the employee to

stop what he was doing. Plant manager Mr. Boyd

was called to the area and notified of the situation

The establishment was notified that the USDA

expects the establishment to employ handling

methods consistent with Good Commercial

Practices and that throwing birds is not

acceptable. Plant Management is asked to

consider these USDA concerns and prevent future

occurrences.   Copies of this noncompliance will

be distributed to the establishment, inspection file

and District Veterinary Medical Specialist per FSIS

Directive 6100.3. The establishment is also

reminded that NRs and MOIs documented for GCP

issues can be FOIA requested and made available

for viewing by FSIS. Documented by 

OPEN

(b) (6)

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

(b) (6) (b) 

(6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 109

EstNbr EstName NR# Date Task TaskName Regs Description Status

P206+V206 Pilgrim's Pride

Corporation

KCC551

901560

8N-1

01/08/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 1600 hours, while walking

through the establishment with 

, I observed a cadaver on the east picking

line.  The carcasses' s head was attached and the

cut from the kill machine was high and located on

the right side of the neck.  I requested for the

foreman to call for the evisceration supervisor or

the back dock supervisor.  The cadaver was

removed from the line by the pinner/sorter and

placed in a bin.  While the foreman was looking

for either of the supervisors I observed 2 more

cadavers on the east picking line.  Regulatory

control action taken and the east picking line was

stopped.  I informed 

, about the cadavers.  He went to the

back to assess the kill machine. 

, reported

that the kill machine had been moved to the side,

maintenance was going to move it back at break,

and in the meantime, a second backup killer had

been placed on this line.  stated that

he had placed a skip on the line at the time the

2nd backup killer was put in place.  Regulatory

control action was relinquished and the picking

line was started back up.  A total of 8 more

cadavers were observed until the skip.  The

picking line was observed for 5 more minutes

after the skip, ensuring that a 2nd backup killer

was an appropriate remedy to the problem until

the kill machine could be adjusted.  No more

cadavers were observed.  All of the cadavers were

bright red carcasses.  Several still had their heads

attached and all were cut on high on the right side

of their neck, not killing them properly and not

allowing them to be bled out completely. The

establishment has failed to comply with 9 CFR

381.65(b) as poultry must be slaughtered in

accordance with good commercial practices in a

manner that will result in thorough bleeding of

the carcasses.  The number of cadavers observed

indicates a loss of process for handling birds and

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 110

EstNbr EstName NR# Date Task TaskName Regs Description Status

therefore the establishment is not operating in

accordance with Good Commercial Practices,

allowing poultry to enter the scald tanks alive. 

Poultry that are not slaughtered in accordance

with GCPs are considered adulterated and must

be condemned according to the Poultry Products

Inspection Act (PPIA).  

was notified of the noncompliance. 

This noncompliance will be forwarded to the

Front Line Supervisor, District Office, and the

District Veterinary Medical Specialist (DVMS) in

case additional follow-up is recommended.  This

document serves as written notice that continued

failure to meet regulatory requirements can lead

to enforcement actions described in 9 CFR 500.4.  

 P206

P218 Pilgrim's Pride

Corporation

WOD33

210112

09N-1

01/09/2018 04C05 Poultry Good

Commercial

Practices

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 111

EstNbr EstName NR# Date Task TaskName Regs Description Status

P218 Pilgrim's Pride

Corporation

WOD31

000450

12N-1

04/11/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On April 11, 2018 observed the

following GCP noncompliance. At 2140 both

evisceration lines were stopped due to a

maintenance issue. immediately

went to the live hang room to verify live birds

were being handled appropriately. The employees

in the live hang room had stopped hanging birds

and instructed the lead personnel to

remove all the remaining birds that were hung

prior to the stunner. At approximately 2250 

 reentered the live hang area to verify the

birds were properly removed and observed

approximately 10 dead birds in each of the

stunners. 

was called to the area and shown the

noncompliance. The dead birds appeared to have

drowned in the stunner and were pulled off the

line to be properly disposed of. Failure to

implement procedures for preventing accidental

injury and/or death inconsistent with 9CFR

381.65(b) in regards to birds presented for

slaughter, resulted in a lack of response to a

known GCP failure, and birds were allowed to die

by a means other than slaughter. The

establishment was notified that the USDA expects

the establishment to employ handling methods

consistent with Good Commercial Practices. Plant

Management is asked to consider these USDA

concerns and prevent future occurrences.   

Copies of this noncompliance will be distributed

to the establishment, inspection file and District

Veterinary Medical Specialist per FSIS Directive

6100.3. The establishment is also reminded that

NRs and MOIs documented for GCP issues can be

FOIA requested and made available for viewing by

FSIS. Documented by 

(b) (6)

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 112

EstNbr EstName NR# Date Task TaskName Regs Description Status

M337+V33

7

Sam Kane Beef

Processors,

LLC.

UNG58

110150

09N-1

01/09/2018 04C02 Livestock

Humane

Handling

313.2 On   Tuesday January 9 , 2018  at approximately 

07:45 hours ,     was performing

ante-mortem inspection in the cattle pens.   

   observed the cattle in pens   7 & 8  there

was  no water in the Troughs  had the

cattle Immediately removed from the pens to

other pens  with water available. Maintenance

was Immediately call to repair a  broken  float

valve on the water trough.  Maintenance was

repairing the broken water valve at approximately

12:00 hours .     This is in violation of the above

regulation.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 113

EstNbr EstName NR# Date Task TaskName Regs Description Status

M337+V33

7

Sam Kane Beef

Processors,

LLC.

UNG59

070157

11N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.2 Egregious Humane Handling Act - On 10 January

2018, reported to the undersigned,

, that he witnessed what he believed

to be an “Egregious Act” toward livestock while

conducting ante-mortem/ stunning/

consciousness inspection at Sam Kane Beef

Processers, Corpus Christi, TX, 78409.   USDA

Reject tag # B40-628 045, was used to identify

this issue.             At approximately 0750hours on

10 January 2018, was

conducting ante-mortem inspection of cattle prior

to the beginning of stunning.  On his way back to

the USDA Office, witnessed on of the

serpentine chute plant employees using a battery

operated hotshot to an animals face.  

 immediately stopped the egregious act and

informed the handler to “Not to use it on the

face”.   informed 

, and 

, and Mr. Junior Urias, VP

of Slaughter Operations, of the incident. 

Afterward came into the USDA office

and informed of the incident and

what he did to control the incident.  

then headed out to the chute area where he was

met by Mr. Junior Urias and 

who were walking to the rail trolley shop with a

hotshot.  Mr. Urias informed that he

was taking care of an incident reported to him by

.  confirmed the action and

came back to the USDA office to attempt to

contact Dallas District Office,

and Corpus Christi

Circuit.  After no response from either party, 

 headed out to the chutes and met with

Mr. Urias.  Mr. Urias informed he

was working with Human Resources to conduct a

counseling session in their office of the employee

and ensure disciplinary actions would occur. 

During the conversation, 

 arrived and Mr. Urias

OPEN

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

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

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

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

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 114

EstNbr EstName NR# Date Task TaskName Regs Description Status

explained the issue to him and what the plan was

to deal with it.  exited the

impromptu meeting and walked to the knocking

chute where we watched the movement of cattle

and stunning.   While leaving the chute area, 

 received a return call from . 

Upon the discussion, recommended

that since the facility has a “Robust Humane

Handling program”, a good track record of

performance, plant management was proactive in

dealing with the report and this egregious act was

with herding livestock and not with the knocking

process, that only a NR should be issued and the

stunning operation did not necessarily need to be

stopped and agreed with the actions conducted

by up to this point.             At

approximately 0900hrs, 10 Jan 2018, Mr. Junior

Urias came to the USDA office and informed 

 that the employee who conducted the

egregious act had been terminated.  Additionally,

Mr. Urias informed the undersigned that “All

employees who deal with livestock will undergo a

refresher handling class tomorrow morning at

0600hrs”.

(b) (6)

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 115

EstNbr EstName NR# Date Task TaskName Regs Description Status

P584 Pilgrim's Pride

Corporation

QLM22

140131

23N-1

01/12/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On Friday January 12, 2018 establishment

00584P documented 9,879 Dead on Arrival

chickens. On a typical day the number of DOA

birds at this plant averages around 100.  FSIS

inspection personnel observed

establishment personnel properly managing the

incoming DOA’s.  

and were

both observed at the live hang and cage dumper

area overseeing the condemnation of D.O.A.’s.  At

that time stated that the trucks with the

high number of D.O.A.’s had been from a grower

in Arkansas and had come in the previous night. It

was determined later that the grower was 

 in Arkansas.  The local temperature at P584

Thursday night was below freezing and the high

on Friday was in the mid 30’s.  During

ante-mortem inspection of one truck load, very

little movement was observed in the chickens and

many of the visibly living appeared to be alive but

unresponsive. The cages had half of their exposed

outward facing ends covered with wooden panels

and the other half of the outward facing end of

each cage was open, aside from the wire cage

itself.  The D.O.A.’s were observed being culled

and placed in 1500 lb. cardboard combos with

charcoal denaturant applied. The carcasses

showed no signs of dehydration or malnutrition or

disease and appeared to be of the average size for

young chickens. No D.O.A.’s were observed in

evisceration this day by FSIS employees. Poultry

that die by means other than slaughter are not

being handled in a manner consistent with good

commercial practices and fail to comply with 9

CFR 381.65(b). A similar instance that included

almost 900 Dead on Arrival birds in cold weather

occurred at this establishment on 01/03/2018

and was documented on 01/04/2018 with MOI

number QLM4412010804g. Documented by 

CLOSED

(b) (6)

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

(b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 116

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7041B+P

7041+V704

1B

Beltex

Corporation

UWH59

150116

31N-1

01/31/2018 04C02 Livestock

Humane

Handling

313.2 CATEGORY III WATER AND FEED AVAILABILITY 9

CFR 313.2 313.2 Livestock pens, driveways and

ramps. On January 30, 2018, at approximately

0600 hours, I, , was

performing ante mortem on cattle for  Est.

7041B.  While reviewing cattle for ante mortem

inspection,  I observed sixty - eight head of

cattle penned in corrals numbered 11, 13, 14 and

16.  These cattle had arrived on site sometime

before 0600 hours and were penned with

water. I did not perform ante mortem on these

animals, and the plant elected to hold the cattle

until the next day for slaughter. I reviewed the

corrals late in the day and no animals had any hay

or feed provided at that time. On January 31,

2018, at approximately 0600 hours, I performed

ante mortem on the sixty-eight head of cattle held

in the same four corrals numbered 11, 13, 14 and

16.   The cattle had access to water in all corrals. 

None of the cattle held for over 24 hours had any

feed provided in the pens. I noted the number

of hay bales stored for cattle feed was the same

number of bales on the premise on January 30,

2018.  I reviewed all the  pens and did not observe

any hay remnants in any of the pens. Plant

management failed to provide access to feed to

animals held longer than 24 hours and this is

noncompliant with 9 CFR 313.2.  I informed

 of the noncompliance.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 117

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7041B+P

7041+V704

1B

Beltex

Corporation

UWH32

160553

11N-1

05/11/2018 04C02 Livestock

Humane

Handling

313.2 Category IV Handling during ante mortem 9 CFR

313.2 At approximately 0600 hours, I, 

, observed cattle during ante

mortem inspection. In Pen 11, I observed 2

recumbent steers with 20 head of standing cattle.

The plant employee entered the pen and tapped

one downed steer with the rattle paddle. I

observed this steer slip twice while planting the

hind feet to stand. The steer made several

attempts to put weight on the right foreleg before

standing. I noted the steer did not continue to use

the right foreleg after standing. I noted the pen

floor was clean and adequate to prevent slips and

falls for routine use. The 20 head of standing

cattle were crowded in the pen around the second

recumbent steer. This steer was laying with its

head on the pen floor. When the plant employee

moved the cattle for ante mortem inspection, a

steer stepped on the abdomen and neck of the

recumbent steer, and stood over the downed

animal’s head. The plant employee moved the

cattle away from the downed steer. The downed

steer stood and walked with difficulty and

appeared lame. I asked the employee move

cattle from Pen 11 to avoid further injury, stress

and excitement to the disabled steers. The

employee moved 16  head of cattle to another

pen.  I observed that 6 head of cattle remained

in pen 11. When the disabled animals were

segregated from the other cattle, I rejected Pen 11

with US Reject tag B37350959 and informed Plant

Manager Lou Cruz of the noncompliance to move

animals calmly and minimum of excitement and

prevent injury during handling practices .

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 118

EstNbr EstName NR# Date Task TaskName Regs Description Status

P7044 Tyson Foods,

Inc.

GJJ520

805520

9N-1

05/09/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) This morning (5/9/18) there was a delay in startup

of evisceration due to preoperational sanitation. 

Entering the picking room to perform

ante-mortem inspection at about 0530 the birds

on picking line 2 were just exiting the post scald

dip tank.  Over 95% of the birds were bright red

cadavers that drowned in the scald tank and

about 10% still had the heads attached (there are

multiple head pullers along the process).  Two

employees began removing the birds from the

picking line and discarding them in the drain. 

Quickly several additional employees and

 also began

removing the birds such that all cadavers were

being removed.  A count was not performed, but

based on piles of birds on the floor there were

appeared to be in excess of 200 cadavers. 

indicated there had been an issue with the

stunner at startup, but it had been resolved.  I

proceeded to the backup kill position.  The backup

kill employee was in place and the birds on line 2

were observed for 1 minute.  All birds had the

proper post stun appearance and no birds passed

by the backup kill employee that required and

additional cut.  Since the immediate cause had

been addressed and 

 were notified of the Good

Commercial practice noncompliance.  The

requirements of 381.65(b) were not met due to an

initial loss of process control that resulted in the

birds entering the scald tank still breathing.  After

an initial investigation explained

that the supervisor did not follow standard

procedures and walk the line to ensure all

equipment was operating and all employees were

in place.  The stunner apparently had tripped out. 

From the initial investigation it was unclear

whether the back up kill employee had been in

place and failed to stop the line, or whether the

line started without a back up in place. 

CLOSED

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 119

EstNbr EstName NR# Date Task TaskName Regs Description Status

Subsequently and 

stated that the supervisor had been suspended,

and the complex and area animal welfare

managers had been contacted.  The animal

welfare managers will perform an investigation

and complete a record/form, which will be

provided to USDA.

M7050+P7

050

Dalhart

Processing

SVK511

302551

3N-1

02/13/2018 04C02 Livestock

Humane

Handling

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

313.2(e) On 02/13/2018 at about 8:15 am,

 While Performing Anti-Mortem Inspection at Est,

7050 Dalhart Processing I observed the following

non-compliance, 1 animal in pen ( Steer ), no

water was available for this animal. I notified

 about non-compliance This is a

violation of Directive 313.2(e)

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 120

EstNbr EstName NR# Date Task TaskName Regs Description Status

M13054+P

13054

H & B Packing

Co. Inc.

YUF470

904341

2N-1

04/12/2018 04C02 Livestock

Humane

Handling

313.15(a)(2) On 04/12/2018 at approximately 0840 hours

while observing the driving of the animals to the

knock box, I observed the following

noncompliance.  A smaller steer that had reached

the area of the incline to the knock box had

turned around in the chute and fallen down.  The

employee handling the cattle tried to drive the 4

animals that were lined up behind this steer

backwards to prevent them from walking on the

fallen steer.  His attempts were unsuccessful and

two of these animals pushed forward and passed

over the fallen steer.  The other 2 animals were

successfully driven back beyond the area of the

previous  gate and closed off from access to this

area.  The gate between the chute and the outside

area was opened to allow the fallen steer to have

room to get up.  However, this steer was not able

to right itself and was condemned as non

ambulatory.  The employee who knocks the

animals then used a hand held captive bolt gun to

stun this steer, bled him out and he was removed

from the area while I watched to insure no return

to consciousness.   This is a violation of

313.15(a)(2). Animals in the runway to the knock

box should be handled to prevent them from

injuring one another assembled 

and all the employees that handle the live

cattle and discussed the issue.  Management

decided to replace the employee that handles the

cattle in the runway. They also said they would

limit the number of animals in each section of the

runway and try to separate the smaller, weaker

animals from the larger ones.  said he

would get a gate installed at the area just before

the incline to the knock box and adjacent to the

gate to the outside.

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 121

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19478 ABF Packing,

Inc.

AMH26

170246

17N-1

02/17/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV-Handling during Ante-Mortem

Inspection On February 17, 2018, due to

concerns with repair and maintenance of the

establishment’s cattle handling system and alley

by , a directed Humane Handling Task

was performed on the entire handling system. 

The entire system was reviewed by 

 and .  After

the review at approximately 10:30 hours, US

Reject Tag B39872467 was placed on the tub

crowding gate to stop operations until the

following concerns and noncompliances could be

addressed.   First, the tub crowding gate was in

very poor condition and could easily cause harm

to the hide of an animal as evidenced by the many

long sharp edges on the exposed side of the gate. 

The thin flat metal on the gate was rusted through

just above where it was welded to the pipe

support structure.  The rusted sections were sharp

and protruding.  There was in excess of six places

that were approximately six inches or greater in

length.   Continuing through the pens, the sides of

the tub had similar issues and where the flat

metal would come together, in several spots the

flat metal was sharp and protruding.  These areas

were anywhere from six inches to excess of one

foot in length.  In the alley, leading to the

knocking chute similar issues were identified that

caused great concern.  Specifically, the alley is a

pipe structure and flat metal on the sides.  Similar

to above, the flat metal was sharp, protruding and

could easily damage the hide of the animals when

simply walk through the alley.  This was evident

by the sharpness of the metal and the metal that

did protrude out from the rusted out areas. 

Additionally, in the initial ante mortem and

holding pen areas, there were two pipes that were

extremely rusted and were sharp at two

locations.  One damaged pipe was in each of the

pens.   Furthermore, an inspection of the US

Suspect pen was also conducted.  First, there was

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 122

EstNbr EstName NR# Date Task TaskName Regs Description Status

a cattle panel welded to the pipe structure, but

three or four of the welds have came loose and

the wire was protruding out.  This was about 24

inches off the concrete.  Additionally, the flat

metal on the gate was rusted, protruding slightly

and sharp.  There is a gate providing access to a

compressor or pump.  The pump has exposed

wires and could result in issues if an animal was

allowed around it.    We tried to close the gate,

but the gate was stuck and couldn’t be closed. 

These observances could result in injury or harm

to the animals if not immediately remedied. 

Therefore, the area was rejected and these

findings are in noncompliance with 9 CFR

313.1(a). and 

were notified and shown the issues.  They

immediately began working on the issues.  The

reject tag was moved to reject only the alley and

suspect pen at 13:00 hours.  The remaining areas

were released.  Production resumed through a

modified working pen and alley.

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 123

EstNbr EstName NR# Date Task TaskName Regs Description Status

P517 Mar-Jac

Poultry-MS

QOO57

160231

06N-1

02/06/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) At approximately 1020 hours on 02/06/18, while

performing a routine Good Commercial Practices

audit at the live hang area o

and , observed the

following.  Five live birds entered the south

scalder tanks; one live bird entered the north

scalder. The birds had not been cut and exhibited

voluntary head and conscious eye movement,

attempted righting reflexes.  One bird was

observed to have open mouth breathing.  Having

surpassed all points of intervention post shackling

and no observable backup killers, the process had

questionable control.  In addition, four live birds

were also observed out of their cages at the live

haul shed. Production was stopped and tagged at

live hang until process control could be restored.

The establishment has the responsible to ensure

poultry is 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. This

regulatory noncompliance resulted in the

establishment's failure to meet the regulatory

requirements of 9 CFR 381.65(b). Regulatory

control action was taken as described in 9 CFR

500.2 when production was stopped and U. S.

Rejected tag # B34609887 applied to live hang

area. ) and 

 were notified of

these findings.  After verifying that the

establishment implemented the appropriate

corrective actions the regulatory control action

was removed at approximate 1225. Mar-Jac

Poultry is hereby advised of their right to appeal

this decision. Continued failure to meet these

regulatory requirements could result in additional

regulatory or administrative action as described in

9 CFR 500.4.

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 124

EstNbr EstName NR# Date Task TaskName Regs Description Status

P519 Wayne Farms

LLC

KMH51

120104

17N-1

01/16/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On January 16, 2018 at approximately 1425 while

performing the Good Commercial Practice and

Ante-Mortem task the following was observed at

the entrance of the scald vat.  Numerous

(approximately 80%) of the young chickens had

only superficial abrasions to their necks that did

not penetrate any major vasculature needed to

cause proper death by slaughter and

exsanguination.  was

spraying down the picking room floor in the area

and I immediately waved her to come over and

showed her the chicken’s necks as they were

entering the scald vat and informed her that they

will very likely end up with a large amount of live

birds entering the scald vat unless the issue is

remedied immediately.  She said she understood,

acknowledged the superficial cuts to the

necks/risk of live birds and walked away to correct

the issue.  I continued my verification check at the

entrance to the scald vat and the following

noncompliance was observed beginning at 1430

when the first live bird entered the scald system. 

This bird had a superficial abrasion to the neck; no

major vasculature was penetrated, rhythmic

breathing, blinking, pupillary reflexes and

controlled movements were all present. 

Additional live birds entered the scald vat that

appeared physically the same as the one

described above at 1431, 1431:34seconds,

1431:55seconds.  At approximately 1432 an

additional live bird entered the scald vat.  This bird

physically was much smaller than the previous

birds that entered live.  This chicken had a very

small (difficult to even visualize) 2-3 millimeter

superficial abrasion over the center of the throat,

which did not penetrate any vasculature.  The bird

was alert, rhythmically breathing, had controlled

movements, blinking and pupillary reflexes

present.    At approximately 1433 

was asked to please stop hanging that

multiple live birds had gone into the scald vat in a

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 125

EstNbr EstName NR# Date Task TaskName Regs Description Status

short amount of time and their process appeared

to be out of control at this time.  She agreed, and I

informed her that a GCP noncompliance would be

issued, and once I was able to verify that

production had ceased I requested a meeting in

the USDA PHV office prior to resuming operations.

I stopped in live hang and informed the Supervisor

present and that

the area has been verbally rejected by USDA and

to not start hanging until it is released directly

from USDA.  Meeting attendees consisted of 

briefly and

representing the USDA were 

and .  During

the meeting held in the USDA office the

establishment decided that they were not going

to run any longer on first shift for the day and just

end the day.  I informed them that it’s completely

their decision, but USDA still needs to be given

corrective actions prior to them resuming

production on any shift.  stated

that he would have maintenance raise the blade. 

   This is a violation of 9 CFR 381.65(b) which

states in part, “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.”  Live bird(s) entering

the scald system live is a less than Good

Commercial Practices and results in adulterated

product. 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.

(b) (6) (b) (6)(b) (6) (b) (6) (b) (6)(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 126

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6555+P3

4794

Fayette

Packing

Company, Inc.

WSO50

080116

31N-1

01/31/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 07:35 hours, while performing

Humane Handling verification activities, I observed

that there were three goats in pen three without

access to water.  This is in noncompliance with 9

CFR 313.2(e).  I notified 

 of this noncompliance.

OPEN

M7455+P7

455+V7455

Williams

Sausage Co Inc

UQD40

110442

24N-1

04/23/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III (Water and Feed Availability) On

02/23/2018 at approximately 1415 hours while

performing a HAT verification task (Category III: 

Water and Feed Availability), I ( observed

the following noncompliance.  Specifically, I

observed that the 106 sows in livestock holding

pen 2 did not have access to water.  Upon further

inspection, I noted that the main water supply to

the pen’s water trough, as well as an alternative

water supply to the trough, which had been

jury-rigged by running a piece of plastic conduit

from the adjacent waste water building into the

ceiling of livestock holding pen 2 to supply water

to the underlying trough, were non-functional.  I

immediately notified maintenance personnel

regarding the issue and they, along with the

establishment’s Assistant Plant Manager, Mr.

Brian Jones, immediately corrected the

aforementioned deficiency (1432 hours) under my

direct supervision by turning on the alternative

water source in the waste water building and

adjusting the flow in such a manner so as to fill

the underlying water trough (water was left on

continuously to overflow the trough since it was

not equipped with a float operated ball valve to

control water level in the trough). 

 was also

notified (verbally at 1438 hours) of the

aforementioned noncompliance and the

establishment’s failure to comply with the

regulatory requirements prescribed in 9 CFR

313.2(e).

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 127

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8314+V8

314

Swaggerty

Sausage

Company, Inc.

SHO051

403341

2N-1

03/12/2018 04C02 Livestock

Humane

Handling

313.30(a)(4) HAT Category IX-Conscious Animals on the Rail. At

approximately 1420 hours while monitoring that

animal identification was being collected I

observed a noncompliance.  I observed a

conscious hog on the line.   As I cannot assert

whether the hog was effectively stunned or not,

and being that the establishment took an

immediate and effective corrective action, a

decision to issue a non-compliance record, in lieu

of an enforcement action was elected.  The hog

was performing a righting reflex and paddling it's

front feet.  I pointed at the animal for 

).  He recognized the

animal also and was trying to get the attention of

the employee collecting animal ID.  I walked

toward the animal and saw that it was tracking

with it's eyes and looking around.  The animal was

stunned with a captive bolt.  I took a regulatory

control action and had the line inspector stop the

line.  I notified Wayne Romines, Assistant Plant

Manager, of the occurrence and I placed reject tag

#B43268870 on the knock box at approximately

1430 hours.  I spoke with and the

Jackson District Office.  After discussing the

immediate corrective action with 

, I removed my reject tag

at approximately 1503 hours.

CLOSED

M8327+V8

327

Southeastern

Provision LLC

UOF050

702130

5N-1

02/04/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III-Water and Feed Availability.  At

approximately 4:30 PM while performing an

odd-hour ante-mortem inspection, 

 observed two cows which were not in the

pens, but in the chute leading to the knock

box.   saw no signs that these two animals

had been fed and their location in the knock box

chute prevented them from having access to

water.  This is a noncompliance according to 9

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

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

access to feed. Mr. Carl Kinser(Plant Manager) was

notified of the noncompliance.

CLOSED

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 128

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8327+V8

327

Southeastern

Provision LLC

UOF520

605270

4N-1

05/04/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III-Water and Feed Availability.  At

approximately 7:30 AM while performing

ante-mortem inspection, at Southeastern

Provision in Bean Station, TN, 

observed that the cows in the front pen did not

have access to water.  There was a water trough in

the pen, but the trough was dry.  This is a

noncompliance according to 9 CFR 313.2(e)

Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed ) was

notified of the noncompliance and corrective

action was immediately taken by the plant to

provide access to water.

CLOSED

M8330+P8

330+V8330

C&F Meats GBH460

701332

4N-1

01/24/2018 04C02 Livestock

Humane

Handling

313.2 Humane Handling Activities Tracking System

(HATS) Category IV Water and Feed Availability 

At approximately 0700 hours on January 23,

2018, while performing Livestock Humane

Handling task the following noncompliance was

observed. Five large beef were crowded into the

USDA suspect pen with no room to move around

or lay down.  The pen is approximately 5ft x15 ft.

This is a violation of 9CFR 313.2(e) which states

"There shall be sufficient room in the holding pen

for animals held over night to lay down". 

was notified verbally and establishment

administrator was notified in writing with this

noncompliance report.

OPEN

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 129

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8330+P8

330+V8330

C&F Meats GBH101

301553

0N-1

01/30/2018 04C02 Livestock

Humane

Handling

313.1 Humane Handling Activities Tracking System

(HATS) Category VII: Observation for Slips and

Falls At approximately 1030 hours while

performing a livestock Humane Handling task, the

following noncompliance was observed. One beef

located in pen # 3 was observed slipping and

falling multiple times as the animal was being

moved to the stun box. Upon further investigation

it was discovered that the pen was saturated with

urine and feces A regulatory control action was

implemented and the pen was tagged with U.S.

Rejected tag #B35898844. was

notified in writing with this noncompliance

record.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 130

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9085+V9

085

Snapps Ferry

Packing

Company

QSF291

601510

3N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III-Water and Feed Availability.  At

approximately 8:20 AM on 1/2/2018 while

performing ante-mortem inspection at Snapps

Ferry Packing Co. in Afton, TN, 

observed that the water bowl in pen #1 was

completely frozen resulting in no water available

to the hogs in the pen.  The temperature at the

time of this observation was 8 degrees F. This is a

noncompliance according to 9 CFR 313.2(e)

Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed.  Jason Southerland (Plant Owner) was

notified of the noncompliance and corrective

action was immediately taken by the plant to

provide fresh water.  stressed to Mr.

Southerland the importance of staying vigilant on

the status of the water bowls in the pens during

below freezing conditions.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 131

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9085+V9

085

Snapps Ferry

Packing

Company

QSF230

901051

0N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.1 HAT Category IV - Ante-Mortem Inspection.  At

approximately 8:51 AM on 1/10/2018 while

performing ante-mortem inspection at Snapps

Ferry Packing Co. in Afton, TN, 

and  observed that a sheet of

metal in the knock box had come loose and was

presenting a sharp edge in the direction of the

knock box entrance.  There was also a tuft of black

hair caught on the edge of the metal sheet

confirming that an animal had run into it. 

The loose metal sheet presented a high likelihood

of animal injury and is a noncompliance according

to 9 CFR 313.1(a) which says  "Livestock pens,

driveways and ramps shall be maintained in good

repair. They shall be free from sharp or protruding

objects which may, in the opinion of the

inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be

repaired." Jason Southerland (Plant Owner) was

notified of the noncompliance and the knock box

was tagged with USDA Reject Tag No:

B36193109.  Corrective action was taken by the

plant to repair the knock box.  At 10:05 AM the

knock box was found to be back in compliance

and was released by .

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 132

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9085+V9

085

Snapps Ferry

Packing

Company

QSF490

901201

1N-1

01/11/2018 04C02 Livestock

Humane

Handling

313.1 HAT Category IV - Ante-Mortem Inspection.  At

approximately 9:10 AM on 1/11/2018 while

performing ante-mortem inspection at Snapps

Ferry Packing Co. in Afton, TN, 

 observed that the same sheet of metal in the

knock box that was documented in NR#:

QSF2309010510N/1 yesterday, had

again detached.  The metal sheet was again

presenting a sharp edge toward the entrance to

the knock box and posing a high likelihood of

animal injury and is a noncompliance according to

9 CFR 313.1(a) which states  "Livestock pens,

driveways and ramps shall be maintained in good

repair. They shall be free from sharp or protruding

objects which may, in the opinion of the

inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be

repaired." Jeremy Southerland (Plant Owner) was

notified of the noncompliance and the knock box

was tagged with USDA Reject Tag No:

B36193110.  Corrective action was taken by the

plant to repair the knock box.  At 10:20 AM the

knock box was found to be back in compliance

and was released by .  This NR is linked

to NR#: QSF2309010510N/1.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 133

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9085+V9

085

Snapps Ferry

Packing

Company

QSF411

301382

9N-1

01/29/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 1055, I observed plant

management personnel Jason Southerland

attempt to stun a long horn, bovine animal in the

slaughter floor area.  As I observed, the animal's

head was in a lowered position; Mr. Southerland

shot the animal in a downward motion.  The

animal immediately jumped back, then thrashed. 

The animal's legs did not go limp, but remained

standing.  The animal was moving its head in a

manner to move away from the shooter.  Mr.

Southerland immediately shot the animal in the

head for the second time.  The second shot was

effective in stunning the animal.  The animal's legs

went limp, and the animal fell to the floor of the

knock box.  The animal did not regain

consciousness.  I applied USDA Rejected Tag#

B41496893 to the knock box.  Upon further

observation of the bovine head, the entry hole of

the bullet is higher than the appropriate 'X'

pattern.  The entry hole was located at the base of

the horns, with a trajectory in a downward

pattern.  The instrument used to stun bovine

animals at this establishment is a Smith & Wesson

40VE.  The ammunition used is 165 Grain. At

approximately 1119, after plant management

personnel provided SPHV personnel with

corrective actions, the knock box was released to

plant management personnel.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 134

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9085+V9

085

Snapps Ferry

Packing

Company

QSF091

302532

6N-1

02/26/2018 04C02 Livestock

Humane

Handling

313.16(a)(3) HATS Category VIII Stunning Effectiveness - At

approximately 0930, while performing HATS

verification activities in the slaughter processing

area, I observed plant management personnel

Jason Southerland attempt to stun a sheep.  Mr.

Southerland physically restrained the animal with

one hand, and his body, then shot the animal with

a .22 caliber pistol revolver with the other hand. 

The animal's legs dropped from beneath the

animal, and the animal fell to the floor.  The

stunning of the animal appeared to be effective. 

Mr. Southerland then exited the slaughter

processing area to an adjacent room.  A slaughter

processing floor employee grabbed the animal by

the ear, then drug the animal approximately 4

feet to the blood pit- to attempt to stick and bleed

the animal.  Upon arriving at the blood pit, the

employee released his grip, and the animal

dropped to the floor.  The animal immediately

jumped up, and walked in a calm manner, at a

normal pace across the slaughter processing

room, then lowered its head; remaining calm.  The

animal appeared to be coherent.  Mr. Southerland

immediately walked over to the animal, and

effectively stunned the animal.  I applied USDA

Rejected tag # B43268869 to the knock box. 

Upon further inspection of the shot holes in the

animal's head, it appears the first shot was too

low, and at a probable wrong angle. At

approximately 0955, after corrective actions had

been provided to USDA management, I released

the knock box to plant management personnel. 

Plant management (Jason Southerland and

Jeremy Southerland) stated that that Jason

Southerland would be retrained and that the

animals would be bled in a more immediate

fashion to limit the time between stun and

bleeding. The pistol used was a .22

magnum.  The ammunition used is: Maxi- Mag 22

WMR Total Metal Jacket 40 grain, TargetPlinking.

CLOSED

(b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 135

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19716+V

19716

Hampton Meat

Processing

CIO430

705230

3N-1

05/03/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

At approximately  0735 ET on May 3, 2018, the

establishment attempted to

stun a lamb with a pistol using a “cci stinger”

bullet.   The shot was fired and I entered the kill

floor to see the lamb still standing and not

appearing in distress.  had

entered the kill floor from outside after the shot

was fired.  As I entered, I heard 

 tell the employee to stun it again

immediately.  The employee got a rifle and

effectively stunned the lamb.  I took a RCA and

notified the owner, Connie O'Daniel, and the

District Office.

OPEN

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC0117

024514

N-1

02/14/2018 04C02 Livestock

Humane

Handling

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

2/14/18, at approximately 1423 hours, I observed

the following noncompliance at the knocking box

on the Kill Floor.  An establishment employee

made at attempt to stun a dairy cow with a

hand-held captive bolt stunner.  The first stunning

attempt struck the cows head, but did not

produce immediate unconsciousness.  The cow

remained standing, but did not vocalize or appear

to be in a heightened state of discomfort.  An

immediate corrective action was implemented

and a second stunning attempt was made behind

the poll to the back of the head, within

approximately 25 seconds, using a backup stun

gun.  The second stunning attempt was successful

at producing immediate unconsciousness.  Upon

closer inspection of the cows head, #175, I

observed a hole in the forehead and an additional

hole behind the poll.  I verbally notified 

 of this noncompliance.  A

review of the last 90 days of noncompliances

revealed none issued for the same cause.

CLOSED

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

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 136

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC2315

022921

N-1

02/21/2018 04C02 Livestock

Humane

Handling

313.2 Category I – Inclement Weather & Category

III – Water and Feed Availability On 2/21/18, at

approximately 0530 hours, I observed the

following noncompliance while verifying water

availability in Pen #1 in the outside yard area.  The

water trough in this pen had a solid layer of ice on

top of it.  I pointed this out to 

 and told him this trough was not

providing cattle with access to water due to the

thickness of the ice on it.  As an immediate

corrective action, broke ice out to

allow cattle access to water.  Later, I measured the

thickness of ice to be 1⁄2 inch.  and I

both went around verifying the rest of the troughs

were also providing cattle with access to water. 

Some of the troughs had a solid layer of ice,

although thinner than the trough from Pen #1.  Ice

was broken and removed from all troughs to

provide cattle unimpeded access to water.  A

review of the last 90 days of noncompliances

revealed none issued for the same cause.

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 137

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC0817

032914

N-1

03/14/2018 04C02 Livestock

Humane

Handling

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

3/14/18, at approximately 1045 hours, I observed

the following noncompliance at the knocking box

on the Kill Floor.  An establishment employee

made an attempt to stun an angus heifer with a

hand-held captive bolt stunner.  I heard the

stunner fire on the first attempt and then

observed that the animal remained standing.  The

employee told me he didn’t even hit the animal.

There was a backup stun gun available, although

the employee elected to reload the stunner he

attempted the first shot with.  The animal was

moving its head up, down and around and it was

unclear to me if the first attempt had contacted

the animal or not.  The animal was not vocalizing

and simply seemed a bit confused.  After

approximately two minutes had passed until the

opportunity presented itself, the employee was

able to accurately deliver a second stunning

attempt which produced immediate

unconsciousness.  After the head was removed

from this particular animal, #107, I observed a

knock hole near the top center of the poll and one

behind the poll on the back of the head,

confirming that both stunning attempts contacted

the animal.  I notified Plant Manager Matthew

Smith of this noncompliance.  This NR is linked to

NR IYC0117024514N / 1, dated 2/14/18.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 138

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4975+P4

975

Dale T. Smith

and Sons Meat

Packing

Company Inc

IYC5714

042024

N-1

04/24/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Category VIII – Stunning Effectiveness On 4/24/18

at approximately 0551 hours, I, 

, observed the following

noncompliance at the knocking box on the Kill

Floor. Because of safety concerns and in order to

stay out of the animal’s line of sight, when

observing in this area I step back against the wall

when the employee is attempting to stun an

animal. After moving a dairy cow into the

knocking box, the first stunning attempt by the

establishment employee (aka knocker) using a

hand-held captive-bolt (HHCB) stun gun was

ineffective. I heard the HHCB stun gun fire but did

not hear the animal drop to the floor of the box; I

confirmed this by stepping forward and observing

that the cow was still standing although she was

not vocalizing nor did she seem to be overly

excited (note: her head was moving around but no

jumping or other signs of excitement were seen).

At this point I stepped back since the knocker had

already picked up the back-up HHCB stun gun in

order to perform a second knock which he applied

approximately 10 – 15 seconds after the first

attempt; the second knock was effective – the

cow dropped to the floor and no signs of returning

consciousness were observed through the roll-out,

shackling/hoisting and stick/bleed-out processes. 

At approximately 0558 hours I notified 

 on the Kill

Floor, that what I had observed was a

noncompliance under the humane handling

regulations. Since Est. 4975 has a Robust Humane

Handling Plan in place which the involved

employee implemented correctly for the situation

and since there were no observable signs of

animal pain or distress, no FSIS tag was placed. 

There have been two similar Noncompliance

Records issued for ineffective first stuns in the past

90 days; both have been linked to today’s

Noncompliance Record.

CLOSED

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 139

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6454+P4

896+V6454

Elizabeth

Locker Plant,

Inc.

OAF321

502390

2N-1

02/02/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III - Water and Feed Availability 9

CFR 313.2 (e) On 2/2/18 at approximately 8:00

am  while conducting ante-mortem inspection I

observed 3 beef animals held in pens 5 and

suspect pen that had no access to water. Both

small white tubs that are used to hold water in

those pens were empty. and Justin

Hundley were notified of the non compliance . As I

was getting ready to affix US retained tag #B

23947638 to the pens was in the

process of supplying the animals with water.  

NR# OAF4115110914N issued on 11/14/17  will

be linked to this NR for same root cause .

CLOSED

M6454+P4

896+V6454

Elizabeth

Locker Plant,

Inc.

OAF061

604392

7N-1

04/27/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Hats Category III - Water and Feed Availability 

Hats Category VII - Slips and Falls At

approximately 8:00am while conducting ante

mortem inspection I observed 9 beef animals in

holding pen #4 that had no access to water as the

plastic white water tub in that pen was empty.

Justin Hundley was notified of the noncompliance

and made water accessible to the animals. I also

observed 3 beef animals in holding pen #2. One

animal was down and not able to stand. Every

time the animal would try to get up it would fall

back down because it’s feet would slip and slide

out from under it. Plant owner Justin Hundley was

notified. Wood shavings were added to the pen

floor and the animal eventually got to it’s feet.  

The flooring in the holding pen areas is not

sufficient to insure adequate footing for animals

held in the holding pens . The holding pen

flooring has had numerous MOI documented

discussion's on the issue. The following are the

most recent OAF2215042917G,

OAF4312045905G, OAF5009034207G,

OAF5510125606G. An NR review for the past 90

days showed one similar NR issued for same root

cause and is linked to this non compliance report.

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 140

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7748+P7

748+V7748

Colorado

Homestead

Ranches, Inc.

WOI25

140502

08N-1

05/08/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

At approximately 1050 hours on 5/8/2018, 

 was performing a HATS Category

VIII Stunning Effectiveness Humane Handling

observation from across the room. A heifer beef

was in the knocking box being in preparation for

being knocked with the captive bolt knocking

device. noticed that the heifer was

jumping around inside the knocking box. 

 was trying to get the

animal to hold still as best as possible. 

lined up for a knock, and just as pulled the

trigger on the captive bolt knocking device the

animal threw her head causing a misplaced knock.

 The heifer remained standing but did not

vocalize. then immediately, in less than 5

seconds, picked up the readied .357 caliber pistol

and gave a warning of fire-in-the hole.

 immediately stepped through the

adjacent doorway off of the kill floor, and 

fired the pistol effectively completing the

knocking process.  The heifer was placed on the

rail and bled out.  When the head was skinned

out, the stunning device wound was noted to be

left of the midline and approximately 2 inches

below the optimal knocking zone.  The .357

wound was perfectly centered over the brain on

the midline. A US Rejected tag was not placed on

the knocking box because this heifer was the final

beef before lunch break and also the final beef on

today’s slaughter agenda.

OPEN

(b) (6)

(b) (6)

(b) (6)

(b) (6)(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 141

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7749+V7

749

Royal Gorge

Packing

IBK001

203360

1N-1

03/01/2018 04C02 Livestock

Humane

Handling

313.2 While conducting ante-mortem livestock

inspection at Royal Gorge Packing (est. M7749) on

Thursday March 1, 2018 @ 0700 hours  

observed an alleyway that

contained 6 market hogs presented for USDA

inspected slaughter.  There was one tub in the pen

(presumably to be used for water) but this tub

was completely dry and had dirt caked on the

inside walls.  In an adjacent alleyway was a

narrow trough that contained water which was

frozen but the gates to this alleyway were closed

and so the swine could not gain access to this

water trough at all.   Failure to provide access to

potable water 24 hours per day is a violation of

9CFR313.2 (e).  A review of non-compliances

showed no similar occurrences previously.  

 verbally informed 

and of the non-compliance and that a

written non-compliance record would be issued. 

Verbally informed me that he would provide

the hogs water.   The owner/manager of the

facility was on vacation and would be informed of

the incident upon his return.    verified

that immediate corrective action was taken as

water was provided to the swine.

CLOSED

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

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 142

EstNbr EstName NR# Date Task TaskName Regs Description Status

M301+V30

1

Yosemite

Valley Beef

Packing Co.,

Inc.

TOH591

101141

6N-1

01/16/2018 04C02 Livestock

Humane

Handling

313.2 On 1/16/2018, at approximately 6:45 hours,

 observed

noncompliance while performing a scheduled

PHIS Livestock Humane Handling procedure HATS:

Category III-Water and Feed Availability. The

water tanks for holding pens number 5, 6, 7 and 8

where around 40 cattle were present did not have

water available. The two water tanks that make

the water available for the above pens had just

few inches of water because their drain plugs

were unplugged. took

immediate regulatory control action (RCA) as per

9CFR 500.2(a) (4) and tagged the area by using

U.S. Rejected tag # B41950165. 

 that was present in the area was

notified about the RCA. Immediate corrective

action was taken by fixing the water tanks and

making water available to all the above holding

pens. The animals did not start to drink water as

soon as it was made available (water tanks full

with water). RCA was lifted around 6:55 hours.

This is noncompliance with 9 CFR 313.2(e) and

 was verbally informed that a

noncompliance report will be documented for

failure to meet the above regulatory requirement.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 143

EstNbr EstName NR# Date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ120

602042

1N-1

02/20/2018 04C02 Livestock

Humane

Handling

313.1 On February 20, 2018, while performing

antemortem and inspection of the swine pens at

0451 hours, I observed the following

noncompliance. I observed multiple broken and

protruding wires from a fence barrier separating 2

swine pens.  In pen #11, a thick wire protruded

upwardly approximately 12 inches out of the

ground.  There were no animals present in the pen

at the time.  In adjacent pen #12, the wire fencing

was damaged and curled inwardly at the base

containing several sharp edges and exposed wire

ends.  In addition, there was a loose wire also

protruding from the ground to a height of

approximately 8 inches.  In this pen (#12), there

was 1 live roaster pig as well as 2 Dead-In-Pens

(DIPs).  The location of the protruding wires could

cause injury to the contained animals. I informed

Plant Manager Jeff Morgado of the

noncompliance at approximately 0505 hours and

he had the pen emptied of the live roaster pig.  A

regulatory control action was taken and U.S.

Reject tags were applied to each pen gate

(B40615637 and B40615638) to prevent their use

as an animal holding pen until corrective

measures were taken to render the pens safe to

use.  As of the issuance of this noncompliance

record, corrective actions had not yet been taken

and thus the pens remain under Regulatory

Control action. The Establishment’s written

Humane Handling program, last updated 2/9/15,

states that ‘Holding Pens’ will be maintained ‘free

from protruding objects’, ‘free from sharp metal of

any kind’ and will be maintained in ‘good repair’.

 I informed of the forthcoming

issuance of a noncompliance record for not

maintaining pens in good repair and that this is a

noncompliance of the regulatory requirements of

9CFR 313.1(a).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 144

EstNbr EstName NR# Date Task TaskName Regs Description Status

M325 Clausen Meat

Company Inc.

FBJ491

202152

3N-1

02/23/2018 04C02 Livestock

Humane

Handling

313.1 On February 23, 2018, while performing

antemortem and inspection of the swine pens at

0645 hours, and I,

, observed the following

noncompliance. We observed one  broken wire

from a fence barrier protruding into the

alleyway.  A thick wire protruded upwardly

approximately 6 inches out of the fence.

 There were multiple animals present in

the alleyway at the time.  The wire fencing was

damaged and curled, and contained some sharp

edges and exposed wire ends.  In addition, there

was a loose metal sheet from the holding pen's

door.  In this holding pen  there were

multiple live market hogs as well.  The location of

the protruding wires could cause injury to the

contained animals. A regulatory control action

was taken and U.S. Reject tag #B38098567 was

applied to the alleyway  gate.  I informed 

 of the noncompliance and he had the pen

emptied of the live market hogs.  had a

plant employee trim the wire and tighten the

metal sheet from the pen door.  The alleyway and

gate were released at 0718 hours.  This is a

noncompliance of the regulatory requirements of

9CFR 313.1(a). This non-compliance is linked to a

similar non-compliance (Humane Handling) which

was observed and documented on 2/20/18. NR

#FBJ1206070421N.

CLOSED

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

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 146

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD010

901382

2N-1

01/18/2018 04C02 Livestock

Humane

Handling

313.1 On 1/18/2018, at approximately 1100 hours,

while performing a livestock humane handing

verification task (HAT Category IV, Antemortem

Inspection), I, , inspected the

animal holding pens. The gate of pen 11 has a

metal wire mesh fence panel welded to the gate's

metal framework, and a piece of wire  appeared

to have been broken from a weld that previously

was an attachment point to the gate. That wire

was protruding outward into the

alleyway space approximately 4 inches, creating a

protruding object hazard that had significant

potential to harm animals. The end of the

protruding wire was also sharp enough to be a

sharp object hazard for animals. The presence

of the protruding sharp object hazard was a

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

U.S. Reject tag BB42126637 to the gate of pen 11.

There were no animals in pen 11, no animals in

the alleyway, no animals could gain access to the

hazardous area, and no animals appeared to have

been harmed by the protruding sharp wire. I also

observed three protruding nail heads in a piece of

2-foot by 8-foot piece of plywood, attached to

the north fence of the small ruminant pen located

just north of the beef ramp. The nail heads were

protruding out of the plywood approximately

one-half to three-quarters of an inch, and created

protruding object hazards for animals, if animals

were placed in the pen. The protruding nail

heads were a noncompliance with title 9 CFR

313.1(a). No animals were in the pen or in the

vicinity of the nail heads during my observation. I

applied U.S. Reject tag B42126758 to a closed

gate to prevent any animals from entering the

pen. I did not observe any animals that appeared

to have been harmed by a protruding object.

, was notified of my findings. After

notifying the protruding object

hazards were removed a short time later. I verified

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 147

EstNbr EstName NR# Date Task TaskName Regs Description Status

the removal of the protruding/sharp object

hazards, an then removed the U.S. Reject tags.

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD571

502281

3N-1

02/12/2018 04C02 Livestock

Humane

Handling

313.1 On 02/12/2018 at approximately 1215 hours

while performing a livestock humane handling

verification task (HATS Category IV, Ante-Mortem

Inspection), , and

I, , inspected the

establishment pens and alleyways. We observed a

loose and protruding wire panel attached to the

east fence of pen 11. The top south corner part of

the wire fence panel was loose and protruded into

the pen space approximately 4 to 6 inches,

creating a loose and protruding object hazard for

animals. This was a noncompliance with Title 9

CFR 313.1(a). There were two heavy calves in the

pen; the animals did not appear to be injured by

the protruding wire panel. Plant management was

quickly notified and the animals were promptly

removed from the pen. I placed U.S. Reject tag

B42126621 to the gate of pen 11 and closed the

gate so that no other animals could enter the pen.

Also, we observed a loose and protruding wire

fence panel in pen 5 on the north fence near the

right side of the gate opening. The wire fence

panel was separated from the underlying fence

structure and protruded approximately 4 inches

into the pen space. This created a loose and

protruding object hazard if animals were in the

pen and was a noncompliance with Title 9 CFR

313.1(a).  No animals were observed in the pen

during this inspection. I applied U.S. reject tag

B42126622 to the gate of pen 5 and closed the

gate. No other animals in all the pens appeared to

have been injured by any protruding objects.

was notified of the noncompliance.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 148

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD202

002442

3N-1

02/23/2018 04C02 Livestock

Humane

Handling

313.1 On 02/23/2018 at approximately 1720 hours, I

performed an odd hour inspection of the

establishment's animals and holding pens (HATS

category IV, Ante-mortem Inspection), on a day

when the establishment was not operating. I

observed two nails protruding out of a sheet of

plywood attached to the south fence of the small

ruminant pen that is north of the beef lead-up

chute. The sharp ends of the nails, located near

the small ruminant water container within the

pen, were protruding approximately 1.5 inches

out from the plywood and in the direction of the

pen space, which created a sharp and protruding

object hazard for any animals that would be

placed in the pen. This was a noncompliance with

Title 9 CFR 313.1(a). I applied U.S. Reject tag

B42126616 to the gate of the holding pen, and

ensured the gate was closed to prevent any

animals from being led into the pen. No animals

were in the pen during my finding, and no animals

had access to the pen where the protruding nails

were found. I also observed two small wire fence

panels, constructed of  wire bars in a 4-inch by

4-inch pattern, that were lying nearly flat on the

ground in the northeast corner of the pen. The

fence panels were approximately 1.5 feet by 1.5

feet in size, and one end was approximately 3

inches off the ground, resting against the pen

fence structure. These fence panels lying on the

floor of the pen had significant potential to cause

small ruminant feet or leg entrapment if the

animal stepped through the space between the

thin bars in the panel. This was a significant

hazard of entrapment especially if two feet of a

goat or lamb stepped into the same 4-inch space

between fence panels bars at the same time. The

fence panel material lying on the pen floor also

presented a trip hazard for any animals if placed

in the pen, and demonstrated that the pen was

not maintained in good repair. This was a

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

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 149

EstNbr EstName NR# Date Task TaskName Regs Description Status

U.S. Reject tag B42126617 to the gate of pen 4,

and ensured that the gate to pen 4 was closed so

that no animals could be led into the pen. Pen 4 is

frequently used for holding small ruminants;

however, during this inspection no animals were

in the pen.  

 was notified of the

noncompliance.

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 150

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4928+P4

928

Islamic

Meat &

Poultry Co.

DTD311

805301

6N-1

05/15/2018 04C02 Livestock

Humane

Handling

313.1 On 05/15/2018 at approximately 0400 hours

while performing an odd hours inspection (HATS

category IV, Ante-mortem Inspection), I inspected

the establishment’s live animals and holding pens.

I observed two nails protruding out of plywood

attached to the north fence of the small ruminant

pen that is adjacent to the beef lead up chute; this

is the pen used for staging animals prior

to moving them into the facility. The head ends of

the nails were protruding approximately 1 inch

out from the plywood surface and in the direction

of the pen space; both nails were approximately

12 inches above the pen floor. The protruding

nails created a protruding object hazard for any

animals that would be placed in the pen. This was

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

applied U.S. Reject tag B42126577 to the entrance

of the holding pen.  No animals were in the pen

during my finding, no animals appeared to have

been previously injured by the nails, and no

animals had access to the area where the

protruding nails were found. I also observed a

2-foot by 8-foot fence panel, constructed of

crisscrossing metal bars, that was attached to the

bottom portion of the gate of pen 10. The west

end of this wire fence panel was completely loose,

and was bending at that end, causing it to

protrude approximately 6 to 8 inches into the pen

space. There were no animals in Pen 10. This loose

fence panel had significant potential to cause

small ruminant head entrapment if any animals

were held in the pen. This demonstrated that the

pen was not maintained in good repair. This was a

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

U.S. Reject tag B42126578 to the gate of pen 10,

and ensured that the gate to pen 10 was closed so

that no animals could be led into the pen. There

was no evidence that an animal had previously

been trapped or injured by the loose fence panel. 

, was notified of the noncompliance.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 151

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4969+P4

969

J J Meat Co. JCO241

203020

1N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.16

(b)(1)(ii)

At approximately 1230 hours while performing

HAT activities outside near the knocking area, the

following noncompliance was observed. At the

time of my observation, there were two bob veal

calves that appeared non ambulatory therefore

the ) took action by

attempting to promptly knock the two calves. 

 The employee grabbed the portable captive bolt

stunner gun and attempted to stun the first calf.

The captive bolt gun misfired causing a failed

attempt. He attempted two more times and was

again unsuccessful. After three misfires, the

captive bolt stunner properly fired and the calf

was successfully euthanized. The calves were not

injured during these failed attempts. Please note

that these were not forms of egregious acts. The

establishment employee continued to the second

calf and attempted to stun it with the same

portable captive bolt gun. The first attempt was

unsuccessful.  He properly stunned the calf on the

second attempt. I immediately informed Mr.

Javier Juarez Jr. (Plant Manager) of the

forthcoming noncompliance record being

documented for this deviation. The

establishment failed to comply with 9CFR

313.15(b)(ii). Stunning instruments must be

maintained in good repair.

CLOSED

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 153

EstNbr EstName NR# Date Task TaskName Regs Description Status

appearance of consciousness on numerous

missed birds,  at approximately 1517 hours, I took

a regulatory control action and instructed the live

hang to stop

hanging birds in line 4.  I asked to

call the or

Plant 2 . 

When arrived in the slaughter floor

I informed him that I stopped live hang because

of IPP's observation of numerous cadavers at the

pre-sorter station and my observations in the kill

room.   After confirming that hanging had

stopped and birds have passed by the kill room, I

immediately went back to the pre-sorter area and

 informed me that since I left the

pre-sorter person pulled out additional 10 to 15

birds more with the characteristic appearance of a

cadaver without evidence of neck cuts. Plant 2

 and I,

went to the pre-sorter area to look at

the counters to determine the number of cadavers

recorded by the pre-sorter person assigned which

showed 28 recorded cadavers.  I informed 

 that I will not allow them to start the line

until the establishment provided acceptable

corrective actions.  He then informed me that they

will shift and continue the slaughter of the

remaining birds to line number which during

that time had ceased operation at lunch time, and

which was not having any issues. This incidence

is a Non Compliance of  9CFR 381.65 which states

that “ Poultry must be slaughtered in accordance

with good commercial practices in a manner that

will result to thorough bleeding of the carcass and

ensure that breathing has stopped prior to

scalding” PPIA and Agency Regulations do

require that live poultry be handles in a manner

that is consistent with good commercial practices,

and that they not die from other causes other

than slaughter.  Please review Federal Register

Notice Vol. 70, No 187, published September

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

(b) (6)

(b) (6) (b) (6) (b) (6) (b) 
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 154

EstNbr EstName NR# Date Task TaskName Regs Description Status

2005 (Docket No. 04-037N) for FSIS

recommendations concerning treatment of live

poultry before slaughter.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 155

EstNbr EstName NR# Date Task TaskName Regs Description Status

M6137+P6

137

Foster Farms BXL051

403362

0N-2

03/19/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On March 19, 2018 at approximately 1505

hours , informed me that she

observed numerous cadavers without a neck cut

at the pre-sorter station of Line in Plant 2.  After

 informed me of the cadavers, she

immediately called live hang in plant 2 and

informed about

the numerous cadavers she observed. According

to 

responded that he would take a look at the

problem.  Upon return to the pre-sorter

station,  arrived

at the pre-sorter station and looked at the

carcasses in the condemned barrel, removed one

of the cadavers from the barrel with an uncut

neck, and took it with him as he left the pre-sorter

area.  Upon my arrival at the pre-sorter area, I,

, looked at the barrel and saw

numerous birds with a characteristic appearance

of a cadaver, and confirmed that the birds were

cadavers as evidenced by the uncut neck area.  I

immediately went to the kill room where the auto

killer was and saw 

 checking the situation and giving

instructions to two employees in the kill room. 

There were two back-up neck cutters in the kill

room but one of them appeared inexperienced, as

evidenced by the way he handles the knife and

the way he makes the cut.  

 confirmed my

suspicion.  I also observed that there were a

significant amount of birds that were being

missed by the automatic kill machine. 

Additionally, numerous birds that were missed by

the kill machine were conscious as they approach

the area of the back-up neck cutter as evidenced

by the birds lifting and positioning their heads

behind their body. Due to the establishment’s

failure to take corrective actions and address the

situation as evidenced by the auto kill machine

missing a significant amount of  birds and the

CLOSED

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

(b) (6)

(b) (6) (b) 
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 156

EstNbr EstName NR# Date Task TaskName Regs Description Status

appearance of consciousness on numerous

missed birds,  at approximately 1517 hours, I took

a regulatory control action and instructed the live

hang to stop

hanging birds in line 4.  I asked to

call the or

Plant 2 . 

When arrived in the slaughter floor

I informed him that I stopped live hang because

of IPP's observation of numerous cadavers at the

pre-sorter station and my observations in the kill

room.   After confirming that hanging had

stopped and birds have passed by the kill room, I

immediately went back to the pre-sorter area and

 informed me that since I left the

pre-sorter person pulled out additional 10 to 15

birds more with the characteristic appearance of a

cadaver without evidence of neck cuts. Plant 2

 and I, 

went to the pre-sorter area to look at

the counters to determine the number of cadavers

recorded by the pre-sorter person assigned which

showed 28 recorded cadavers.  I informed 

that I will not allow them to start the line

until the establishment provided acceptable

corrective actions.  He then informed me that they

will shift and continue the slaughter of the

remaining birds to line number which during

that time had ceased operation at lunch time, and

which was not having any issues. This incidence

is a Non Compliance of  9CFR 381.65 which states

that “ Poultry must be slaughtered in accordance

with good commercial practices in a manner that

will result to thorough bleeding of the carcass and

ensure that breathing has stopped prior to

scalding” PPIA and Agency Regulations do

require that live poultry be handles in a manner

that is consistent with good commercial practices,

and that they not die from other causes other

than slaughter.  Please review Federal Register

Notice Vol. 70, No 187, published September

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

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

(b) (4
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 157

EstNbr EstName NR# Date Task TaskName Regs Description Status

2005 (Docket No. 04-037N) for FSIS

recommendations concerning treatment of live

poultry before slaughter.

M9008+P9

008

Johansen's

Quality Meats

FBE461

505371

5N-1

05/15/2018 04C02 Livestock

Humane

Handling

313.1 On 05-15-2018 at approximately 1250 hours, a

non-compliance was observed with the traction

planks, which are affixed to the ramp, in which

livestock travel, leading to the slaughter floor.  The

planks in question had several wood screws

protruding the surface, some broken and

missing and it was deemed potentially harmful to

livestock which may trip and fall, due to the

protruding screws, when being moved up to the

slaughter floor.  U.S. Rejected tag# B43368913

was placed on the pen door leading to the ramp. 

Mr. Darren Rosen(Plant Manager) was notified of

the non-compliance at approximately 1300 hours.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 158

EstNbr EstName NR# Date Task TaskName Regs Description Status

M454+P49

88+V454

Owyhee Meat

Company

HKD031

202382

1N-1

02/20/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3),

313.2,

313.2(f)

On 21 February 2018, I was on the kill

floor at Est. M454 at approximately 0948 hours

by the head was station observing the knocking

box while performing a . An angus steer was

stunned, went down, the knocker had a second

captive bolt in his hand but did not use it.

(appears was not sure animal was unconscious),

The Knocker put the 2nd bolt in the holder and

began to be busy with chains not watching the

steer ‘s head which was still actively moving. The

steer bellowed and when hit with water blinked

his eye twice. The knocker did not respond until

 had to yell at knocker to knock him

again. Seconds passed by before that could be

accomplished. This scenario was witnessed by 

 also on the kill floor from a different angle. 

A second knock was performed successfully and

the animal was rendered fully unconscious. The

HH prerequisite program of this plant requires

employees to observe for eye movement and

unconsciousness and not hoisted until

unconscious. Directive 6900.2 also under

Mechanical; Captive Bolt 2) p.30 states: “Captive

blot stunners shall be applied to livestock so as to

produce immediate unconsciousness in the

animals BEFORE they are shackled, hoisted,

thrown, cast or cut. Their program does provide

for a security knock. The employees involved

have been reportedly trained on humane handling

confirmed by 

in the weekly meeting last week. Implementation

of the program is a recurring issue. 

 was notified that this is

an implementation and perhaps a training issue.

There is concern that this establishment does not

consistently and effectively implement their

animal handling program over time.

(b) (6)

CLOSED

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 159

EstNbr EstName NR# Date Task TaskName Regs Description Status

M454+P49

88+V454

Owyhee Meat

Company

HKD031

202382

1N-2

02/20/2018 04C02 Livestock

Humane

Handling

313.2 On February 21, 2018, I, was on the kill

floor at approximately 0900 hours washing my

hands on the sink behind the head wash station,

when I observed that plant employee was having

trouble bringing the animal into the knock box. I

opened the door leading to the outside of the

knock box to see what the holdup was. I observed

an employee poking the animal on the side with

the inactivated hot shot several times to try to get

it to move; another employee was using the

paddle on the rump then started hitting the

animal on the head repeatedly with the side the

paddle with excessive force. I informed 

 that this was not an

acceptable practice. verbally

stated to me that this employee would not be

placed in this position anymore. 9CFR 313.2 (b)

states in part that Electric pods, canvas slappers or

other implements employed to drive animals shall

be used as little as possible in order to minimize

excitement and injury as well as stated in FSIS

Directive 6900.2 Revision 2.

(b) (6)

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 160

EstNbr EstName NR# Date Task TaskName Regs Description Status

M454+P49

88+V454

Owyhee Meat

Company

HKD121

702012

3N-1

02/21/2018 04C02 Livestock

Humane

Handling

313.2 Hats Task Category VI Electric

Prodding/Alternative Object Use On February 21,

2018, I, was on the kill floor at

approximately 0900 hours washing my hands on

the sink behind the head wash station, when I

observed that plant employee was having trouble

bringing the animal into the knock box. I opened

the door leading to the outside of the knock box

to see what the holdup was. I observed an

employee poking the animal on the side with the

inactivated hot shot several times to try to get it

to move; another employee was using the paddle

on the rump then started hitting the animal on

the head repeatedly with the side the paddle with

excessive force. I informed ,

 that this was not an acceptable

practice. verbally stated to me

that this employee would not be placed in this

position anymore. This is noncompliance with

9CFR 313.2 (b) Handling of livestock which states

in part that Electric pods, canvas slappers or other

implements employed to drive animals shall be

used as little as possible in order to minimize

excitement and injury as well as stated in FSIS

Directive 6900.2 Revision 2.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 161

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7722+P7

722+V7722

Jones

Meat & Food

Services, Inc.

SAN331

201300

9N-1

01/09/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 9:50 am while performing HATS

VIII task I, , approved the use

of the chute for knocking a large Holstein with

limited mobility that would have been unduly

difficult to coerce into the knocking box.  The size

of the chute was the approximate space of the

knocking box.  The first attempt to stun the

animal with the .22 mag was ineffective.  The cow

staggered momentarily, knuckling on its front

feet.  The cow did not vocalize but was still

visually conscious based on the eye movement

and response to the environment.  The cow then

stood fully upright, looked side to side and tried

to back out of the chute.  The 

retrieved a second round for the .22 mag

from approximately 5 ft away, reloaded the rifle

and applied a second shot.  The second shot was a

poll knock which was effective at rendering the

animal unconscious.  The time between the first

and second knock was approximately 1 min.  I

tagged the chute with U.S. Rejected

NO.B41003550.  Brent Jones was informed that

no more cows would enter the chute for slaughter

until the tag was pulled. Examination of the skull

showed 2 bullet holes.  The first, ineffective, hole

was placed high and to the left.  The second was

an effective poll knock. This is a non-compliance

with 313.6 (a)(1) which requires the animal to be

rendered unconscious on the first attempt. This

non-compliance is linked with the previous

non-compliance SAN4909125321N.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 162

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7722+P7

722+V7722

Jones

Meat & Food

Services, Inc.

SAN221

301161

7N-1

01/16/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 8:30 am while performing HATS

II task, I , observed the

unloading of 15 Jersey Dairy Cows.  1 out of the

15 cows was facing the front of the trailer and fell

off the back of the trailer when the other cows

pushed forward.  The fall was approximately 1

foot.  The cow struck its left hip/ lumbar region on

the ground.  The cow was able to raise unharmed

and walk normally to the pen after the fall.  Then

at approximately 12:40 pm while observing

unloading of 10 Jersey Dairy Cows 1 cow jumped

off the trailer, about 1 foot from trailer to ground,

on landing it fell to its right hip.  The cow was

again able to rise unharmed and proceed to the

chute.  This meets the FSIS definition of a fall: 

When an animal loses an upright position

suddenly, in which a part of the body other that

the limbs touches the ground or floor.  Brent

Jones, establishment owner, was notified that this

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

 which required pens, driveways and ramps to be

maintained so as to provide good footing for

livestock.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 163

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7722+P7

722+V7722

Jones

Meat & Food

Services, Inc.

SAN341

401061

7N-1

01/17/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At approximately 12:40pm while performing

HATS VII task, I , observed

the establishment owner, Brent Jones, and

, moving cows.  This

was a group of dairy cows.  While trying to

separate a Holstein from the group Jersey Cow

next to it was startled and lost its footing.  The

floor of the coral was slick and manure covered at

the time.  The Jersey cow fell to its right side.  The

Jersey was allowed to rest for a few minutes then

an attempt was made to get the cow to rise using

the hot shot.  The Jersey was able to move onto

its left side but was unable to rise.  After a second

attempt to get the cow to rise failed the cow was

condemned on ante-mortem re-inspection and

shot in the pen.  Establishment owner, Brent Jones

was informed that this is a non-compliance with

313.1(b); which requires pens, driveways and

ramps to be maintained so as to provide good

footing for livestock, and 313.2(a); which

requires driving of livestock to be done with a

minimum of excitement and discomfort.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 164

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7722+P7

722+V7722

Jones

Meat & Food

Services, Inc.

SAN101

501022

5N-1

01/25/2018 04C02 Livestock

Humane

Handling

313.1 At 1:30 pm while performing HATS II task I, 

, observed the unloading of 2

Holstein Dairy Cows.  The first cow was

non-weight bearing on it's right front foot.  When

it stepped the approximately 1 to 2 ft off the back

of the trailer it slipped on the left front but did not

fall.  It then ambulated approximately 10 ft to the

start of the chute to the knocking box.  The

second cow unloaded right behind it.  As plant

employee, attempted to move the first cow

forward the second cow turned and headed back

onto the trailer.  In the act of jumping back onto

the trailer the second cow's rear legs were unable

to get good traction in the trailer and it fell to its

left hip and laid down in the trailer.  The first

cow then started to advance in the chute.  It was

unable to find good footing for its left front foot

and the cow fell onto it's sternum.  

attempted to get the cow to rise with electric

prod.  On the first attempt the cow vocalized and

was unable to rise.  I condemned the first cow as

non-ambulatory, Z8353306.  The first cow was

shot in the chute and disposed of.  The second

cow on the trailer was allowed to rest for

approximately 10 min, then was able to rise on its

own and walk into the knock box.  

 and plant owner, Brent Jones,

were informed that this is a non-compliance with

9 CFR 313.1 (b); which required pens, driveways

and ramps to be maintained so as to provide good

footing for livestock.

(b) (6)

CLOSED

(b) (6)

(b) (6) (b) 

(6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 165

EstNbr EstName NR# Date Task TaskName Regs Description Status

M8120+P8

120+V8120

Wood's Meat

Processing, Inc.

ETI5216

051709

N-1

05/09/2018 04C02 Livestock

Humane

Handling

313.2 On May 9, 2018 at approximately 08:00 hours,

 observed the following

non-compliance while performing the PHIS

Livestock Humane Handling task. Pens four and

five each had two beef in them and the automatic

waterer between the pens was empty.   Pen one

had four hogs and they had no water.  I asked Mr.

Angus Travers, plant manager, to accompany me

to the pens and showed him there was no water

in pens one, four, and five.  Mr. Travers

immediately provided water to the livestock

therefore no USDA Retained tag was put in place. 

The establishment has failed to meet the

regulatory requirements of 9 CFR 313.2(e)

which states in part "animals shall have water in

all holding pens".  Mr. Travers was notified

verbally and Mrs. Louise Wood, owner, in writing

with this non-compliance report.  No similar NRs

have been written in the preceding 90 days.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 166

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9228+P9

228+V9228

Carlton

Packing

Company

YQB331

702162

1N-1

02/21/2018 04C02 Livestock

Humane

Handling

313.30 (a)(2) At 1354 hrs on 2/21/2018 I )

observed the establishment fail to minimize the

excitement and discomfort of two market hogs in

the knockbox while verifying HATS Category VIII. I

observed the establishment employee effectively

stun a market hog and during the process of

hanging and sticking the stunned animal, I heard

loud squealing coming from the approximately 6

market hogs remaining in the knockbox. One hog

was squealing loudly while the other animals were

moving around the knockbox in an excited

manner and I observed that it was unable to stand

on its rear limbs while trying to move with the

rest of the excited hogs in knockbox. The plant

employee completed sticking the hanging carcass

and then came back to the knocking area at which

time I instructed him to turn off the electrical

stunner. At this time I observed one hog on the

ground flailing its limbs and the plant employee

delivered an immediate effective stun with a hand

held captive bolt gun. The plant employee then

retrieved a second hand held captive bolt gun

from outside the knockbox and delivered an

effective stun to the market hog that was unable

to stand on its rear limbs. 

was observing this incident

from inside the slaughter floor and I informed him

at 1400 hrs that I was taking a Regulatory Control

Action by rejecting the knockbox with U.S. Tag

B42124931. volunteered to review

the video monitoring of the knockbox with me in

his office at 1420 hrs. Based on the video footage,

the two affected market hogs came into contact

with the hanging electric wand and reacted

excitedly. The first hog backed into the wand at

1354:00 and immediately went into lateral

recumbancy displaying signs of tonic-clonic

seizure. This animal was effectively stunned by

hand held captive bolt at 1354:30. The second

hog made contact with the wand at 1354:05 and

immediately displayed hind limb paresis as it

(b) (6)

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 167

EstNbr EstName NR# Date Task TaskName Regs Description Status

excitedly moved away from the stunning wand.

The second hog was effectively stunned by hand

held captive bolt at 1354:50.

M9230+P9

230

Dayton

Natural Meats,

LLC

KDD271

802040

6N-1

02/06/2018 04C02 Livestock

Humane

Handling

313.2 While performing Humane Handling Activities

Tracking System (HATS) Category II Trailer

Unloading on 2/06/2018 at approximately 1400

hrs I ) observed two goats

escape from the facility during unloading from the

side door of a gooseneck livestock trailer. The two

goats escaped through a gap between the trailer

and unloading dock and ran into the wooded area

North of the establishment’s antemortem pens. In

conversation, 

 informed me that a goat

had escaped during unloading after official

inspection hours on 01/30/2018. The

establishment has failed to drive goats from the

unloading ramps to the holding pens with a

minimum of excitement to the animals.

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 168

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9246+P9

246+V9246

Crystal Creek

Meats

IIA0617

010025

N-1

01/25/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 1245 while performing the

livestock humane handling task HATS category

VIII, observed the stunning of a

market hog by plant manager Kyle Barklow with a

handheld captive bolt stunner. Mr. Barklow

administered one blow to the hog. The animal

failed to be rendered unconscious and began

squealing loudly. Within 5-10 seconds, Mr.

Barklow had administered a second stun with a

captive bolt stunner and the animal was fully

unconscious. verified that the animal

was unconscious prior to it being removed from

the stunning area and being hung and bled. 

, was walking towards the stunning

area at this time and heard the pig begin

squealing. She confirmed that the second stun

was administered immediately upon the pig

beginning to squeal, but was unable to see the

first stun.   The slaughter line was immediately

halted. The head of the pig was skinned and two

holes were present. One hole was on midline

caudodorsal to the eyes and one hole was

approximately 1 cm left of midline. Brain material

was oozing out of both holes.   Mr. Jacob

Shepherd, plant owner, was then informed that

failing to render an animal unconscious on the

first stunning attempt is a non-compliance with 9

CFR 313.15(a)1.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 169

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9252+P9

252+V9252

Bright Oak

Meats, Inc.

GHD39

100355

09N-1

03/09/2018 04C02 Livestock

Humane

Handling

313.2 After preforming  livestock humane handling task,

category III water and feed availability at

0740,  informed me (

that the 10 cattle in the pen #2 have no

access to water. The water container was

completely empty. I immediately informed

of the failure to meet CFR regulation 313.2(e)

Handling of livestock. Water was provided for the

animals at about 0750. The requirements of 9

CFR 313.2 (e) read: Animals shall have access to

water in all holding pens at all times and if held

longer than 24 hours access to feed. There shall be

sufficient room in the holding pens for animals

held overnight to lie down. This documentation

serve as written notice of noncompliance that

plant failed to meet Animal Humane Handling

regulations 313.2(e) on this day. No similar

noncompliance in the last 90 days. You are

hereby advised of your right to appeal this

decision as delineated by 306.5 and/or 381.35 of

9 CFR.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 170

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9264+P9

264+V9264

Malco's

Buxton Meat

Co

QSH011

604351

2N-1

04/12/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

HATS Category VIII Stunning effectiveness.   At

0810 while observing 

, knock the only beef animal to be

slaughtered today I, , witness the

knock to be ineffective  as the animal moved just

as ) pulled the

trigger.   During the knocking, the animal was

skittish inside the knock box, I observed 

taking his time prior to knocking it. It dropped,

then immediately rose to a standing position,

rhythmic breathing was observed. 

immediately reloaded the hand-held captive bolt

knocking gun without any problems and stunned

the animal a second time successfully.   This is in

violation of 9 CFR 313.15 (a) which states: “(1)

The captive bolt stunners shall be applied to the

livestock in accordance with this section so as to

produce immediate unconsciousness in the

animals before they are shackled, hoisted, thrown,

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

manner that they will be rendered unconscious

with a minimum of excitement and discomfort.”  

The lag time between the two stuns was

approximately 30 seconds. The animal was not in

a head restraint, though a head restraint is

connected to the knock box. The animal was

rolled onto the slaughter floor, the eye was

checked for reflex then determined to be stunned

insensible. The animal was then shackled, hoisted

and bled out without any signs of consciousness.

After the successful stun, I inspected the head

restraint which appears designed for small

animals and animals without horns. I had a

conversation with regarding the head

restraint; he explained that the restraint

mechanism does not work properly and is too

small for most of the animals that are slaughter

here. Per instructions the slaughter was halted.

U.S. Reject tag #B30 449484 was placed on the

knock box at approximately 0845 hours. After

consultation with SPHV the tag was removed

OPEN

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 171

EstNbr EstName NR# Date Task TaskName Regs Description Status

allowing slaughter to resume at 1100 hours. 

 and Plant

Manager, Eddie Malkovsky were verbally

informed of the noncompliance and that a NR

would be issued. This establishment is under a

Verification Plan triggered from a Suspension of

Slaughter that is Held in Abeyance dated

04/05/18. This NR is written notice that

continued failure to meet regulatory requirements

could lead to additional regulatory action.

M9265+P9

265

Marks Meat,

Inc.

CFJ590

901123

1N-1

01/31/2018 04C02 Livestock

Humane

Handling

313.2 On Tuesday, January 30, 2018, at approximately

1400 hours, observed 5 hogs in pen

11 that did not have access to water.  A plant

employee was notified and asked to correct the

deficiency.  Shortly after this notification

inspection personnel verified that a bucket of

water was made available to the hogs.  Plant

management was also notified by . 

This incident is in non compliance with 9 CFR

313.2(e).  There have not been any similar non

compliance reports written in the last 90 days.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 172

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat,

Inc.

CFJ221

102352

6N-1

02/26/2018 04C02 Livestock

Humane

Handling

313.2 On February 26, 2018 at approximately 8:45am

while observing truck unloading at Est 9265.  

 and 

observed the following non-compliance.   A

customer arrived to drop off sheep.  The sheep

were in the bed of a pickup inside of a crate.  The

customer lowered the tailgate of the truck and

pulled the animals off the back of the pickup over

a drop of approximately 3 feet.  Using a halter on

the first animal the customer pulled the animal

into the holding pens.  The second animal did not

have a halter and the customer pulled the animal

into the holding area using a front limb.  The

animals remained on their feet during the entire

process; conscious animals were not being drug

they were being pulled rather than driven into the

holding pens.  The animals didn’t appear to be in

any pain or discomfort; rather, the animals

appeared confused and disoriented.   This is

non-compliant with 9 cfr 313.2 (a) Driving of

livestock from the unloading ramps to the holding

pens and from the holding pens to the stunning

area shall be done with a minimum of excitement

and discomfort to the animals. Livestock shall not

be forced to move faster than a normal walking

speed. Establishment owner James Serlin was

immediately notified of the issue and he spoke to

the customer to address the issues.   When

unloading animals at the establishment clients of

the establishment are considered to be operating

on behalf of the establishment, therefore, any

issues that arise regarding humane treatment of

animals are the responsibility of the

establishment.  Ensuring anyone dropping off

animals at the establishment is properly trained

and understands the regulations regarding

humane handling of livestock is necessary to

ensure that animals are treated humanely and

injury to the animals is prevented.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 173

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat,

Inc.

CFJ151

003320

6N-1

03/06/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category II and VI At approximately 1415

hours on Monday, March 05, 2018, I, 

 observe the unloading of sheep from a

24 foot animal hauler arriving at Marks Meats in

Canby, Oregon.  As the driver attempts to open

the rear doors to the trailer I observe the driver

swinging a plastic paddle over the heads of the

sheep and making contact.  As the sheep react

and move away from the immediate area 2 to 4

sheep are observed laying on their sides beneath

the 3 or 4 which departed that zone.  A scan of

the entirety of the trailer shows that it is packed

with sheep and no open space is available.  I ask

the individual unloading the trailer to stop hitting

the animals over the head and allow the sheep

which are lying down to get up.  He states that is

what he is trying to accomplish.  I then ask if, in

his opinion, the trailer is large enough to handle

this many sheep.  He states he does not know, he

is just a driver.  He states that the rancher or his

staff loads the trailer and he just unloads it.  I ask

him how many sheep are in the trailer and he

states 57. I immediately go to the establishment

front office to notify plant owner James Serlin of

the issue and ask him to come out and discuss this

matter with the driver.  I explain my concerns of

overcrowding in the trailer and the actions of the

driver hitting the animals over the head with the

plastic wand. Mr. Serlin has a short talk with the

driver and then states to me that he explained the

establishment’s animal handling protocols and the

ones specific to USDA’s humane handling

regulations.  Mr. Serlin states that he and the

driver will convey to the animal owner the issues

of overcrowding in the trailer and that the

establishment will not accept animals in this

condition the next time a trailer arrives in such

condition. Subsequent inspection of unloaded

animals in pens shows that all are walking or

upright.  Mr.  Serlin confirms the sheep count at

57.    notifies agency supervision at

CLOSED

(b) (6)

(b) ( (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 174

EstNbr EstName NR# Date Task TaskName Regs Description Status

approximately 1440 hours. This non-compliance

report is being linked to NR#2211023526 and is

indicative of a trend of non-compliance at this

establishment.  Previous corrective actions were

either not effectively implemented, or not

effective at preventing further non-compliance on

behalf of the establishment.   Please provide

further corrective actions that will be taken in

order to prevent these occurrences and ensure

that animals are treated humanely and according

to federal regulations.  Continued non-compliance

will result in further regulatory control action

begin taken on behalf of the agency in accordance

with 9 CFR part 500.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 175

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9265+P9

265

Marks Meat,

Inc.

CFJ121

504522

7N-1

04/27/2018 04C02 Livestock

Humane

Handling

313.1 On Friday, April 27, 2018, I,  had just

finished a Livestock Ante Mortem inspection of

three beef housed in three separate pens of the

establishments barn.  While walking back to the

inspection office I heard a thump in the barn and

turned to notice one of the beef in pen #23 on all

fours with its chin on the ground. The animal

righted itself and was able to maintain its balance

and weight.  Inspection of the pen floor showed

accumulation of various species/forms of feces,

dirt, mud and water.  After confirming with an

 that the animal did slip and go

down I asked if there were plans to clean the pens

soon.  He stated he would ask management. After

confirmation that the animal was mobile and free

of severe pain (no vocalization or limping) I

notified James Serlin and of the

occurrence.  James stated that the pens have not

been cleaned recently due to the septic tank being

full and any runoff would increase water load and

cause problems.  He also stated that those pens

have not been washed down in years and are only

scrapped, shoveled and swept.  asked if it was

not acceptable for animals to slip and fall down

when on plant premises.  I responded that FSIS

expects pens, driveways and loading ramps to be

constructed in a manner that helps reduce slips

and falls.  Although slips and falls do happen

occasionally, it is the establishments responsibility

to take actions that will prevent and eliminate

such occurrences.  Sand and straw have been

utilized in the past to help prevent these

occurrences but as of late no such actions have

taken place despite verbal notifications by IPP

that the pens were becoming slippery. This

issuance of this report is notification of

non-compliance with 9 CFR 313.1(b).  Review of

records show no similar cause NR's in the last 90

days.

(b) (6)

CLOSED

(b) (6) (b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 176

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9270+P9

270+V9270

Mt. Angel

Meat Co.

QYB480

904091

8N-1

04/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS category VIII stunning effectiveness On

04/17/2018 at establishment #M9270 at

approximately 1326 heard a

gunshot that was for stunning a large sow. 

Immediately afterwards heard the

sow vocalize loudly.  When arrived

at the location he noticed that the sow was lying

on its side and had stopped vocalizing, but was

showing signs of rhythmic breathing.  The

establishment employee who conducts the

stunning asked if he should

administer another stun attempt.  

answered in the affirmative.  Another stun

attempt was administered, successfully rendering

the sow insensible.  The estimated time between

stunning attempts was approximately 1 minute. 

 applied U.S. Reject Tag

#B37852075 to the Stunning Area after conferring

with via phone.  A review of the

establishment's compliance history failed to

reveal an associated noncompliance documented

within the last 90 days.

CLOSED

M12426+V

12426

Andrade

Slaughterhous

e

ECK380

305180

7N-1

05/02/2018 04C02 Livestock

Humane

Handling

313.2 Andrade Slaughterhouse:  At approximately 0258

hours, while I was performing PHIS task, Humane

Handling-Good Commercial Practice, Livestock

Humane Handling, I observed two of the holding

pens did not have water access for the animals. 

This issue had been discussed with Kevin

Blackstad, General Manager, during Establishment

Awareness Meeting, on 4/11/2018 and

4/18/2018.  In accordance with 9 Code of

Federal Regulations, Part 313.2(e), Revised as of

January 1, 2018, states:  (e)  Animals shall have

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

longer than 24 hours, access to feed. Further

planned corrective action is addressed in response

to this NR by the establishment.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 177

EstNbr EstName NR# Date Task TaskName Regs Description Status

P533 Hain Pure

Protein

Corporation -

FreeBird East

AKB280

901392

4N-1

01/24/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) At P533 Hain Pure Protein on 1/24/2018 at

approximately 0600 hours 

informed me, , that he

noted empty shackles while on the evisceration

floor; we went immediately to live receiving

where we found that a total of 83 birds had died

on the transfer belt from the unloading area to

the shackling area. By the time we arrived to live

receiving most of the dead birds had been

removed from the transfer belt and condemned.

 informed 

, and Tom Cazee, Assistant Plant

Manager, of our observations; a mechanical

failure was cited as the cause of the issue. Tom

Cazee showed me a video illustrating how the

chain that runs the belt was getting stuck, with

the result that birds were being packed together

on the belt and suffocating. After gathering

information about the incident and viewing the

camera footage from earlier that morning, Tom

Cazee and

were notified of my intention to

write a noncompliance report. Previous

preventive measures for this issue included verbal

warnings to employees, re-training of employees,

repairs to the transfer belts and brake system, and

the installation of a camera system. These have

failed in preventing the occurrence of similar

circumstances as documented in a previous

noncompliance report on 12/15/2017 (NR

#AKB4810120815N). This is the fifth instance

where the establishment lost control of its process

resulting in the deaths of a large number of birds

by means other than slaughter; this indicates that

the establishment is unable to prevent these

problems from occurring which represents

noncompliance with 381.65(b). At

approximately 0630 hours and I

returned to live receiving and found 

, removing birds

whose necks were not cut from the line between

CLOSED

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

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 178

EstNbr EstName NR# Date Task TaskName Regs Description Status

the neck cutter and the scalder. I noted that there

was a greater than normal number of birds

flapping their wings and that some had not had

their necks cut at all. At this point 

requested that the plant stop hanging live birds

until the issue was resolved. I was informed by

 and that a newly trained

employee had been acting as a back-up neck

cutter and that they had replaced him with a

more experienced employee. Once I verified this,

live hanging was allowed to continue. A total of

15 cadavers were taken off the line after the

scalder by plant employees, indicating that live

birds were entering the scalder and dying by

means other than slaughter. I notified 

 and Tom Cazee of my intention to write a

noncompliance report. In both cases, the large

number of birds that died by means other than

slaughter is evidence of a process out of control

and represents noncompliance with 9 CFR

381.65(b). 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.

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 179

EstNbr EstName NR# Date Task TaskName Regs Description Status

P533 Hain Pure

Protein

Corporation -

FreeBird East

AKB091

201452

6N-1

01/26/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) At P533 Hain Pure Protein on 1/26/2018 at

approximately 0845 hours, noted

empty shackles while on the evisceration floor

giving breaks to the food inspectors. After

finishing breaks at 0920 was informed

by Tom Cazee, Assistant Plant Manager, that a

total of 20 birds had died on the transfer belt from

the unloading area to the shackling area. After

going to the live receiving area, spoke

to , and

, who were

unaware of the cause of the problem at that time.

 informed Tom Cazee that he was going

to contact the SPHV. I traveled from another

establishment (P1304 Farmer’s Pride) and by the

time I arrived to live receiving at P533 all dead

birds had been removed and condemned and

operations were proceeding normally. After

gathering information about the incident and

viewing the camera footage from earlier that

morning, Tom Cazee was notified of my intention

to write a noncompliance report. Plant

management cited a mechanical issue with the

bearings, which were replaced. Maintenance

management also stated that they would increase

the speed of the transfer belt. The large number

of birds that died by means other than slaughter is

evidence of a process out of control and

represents noncompliance with 9 CFR 381.65(b). 

Previous preventive measures included verbal

warnings to employees, re-training of employees,

installation of a camera system, and repairs to the

transfer belts, brake system, and chain that runs

the belt. These have failed in preventing the

occurrence of similar circumstances as

documented in a previous noncompliance report

on 1/24/2018 (NR AKB2809013924N). 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.

CLOSED

(b) (6) (b) (6)(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 180

EstNbr EstName NR# Date Task TaskName Regs Description Status

M791+P79

1+V791

Clemens Food

Group, LLC

MXL13

140159

04N-1

01/04/2018 04C02 Livestock

Humane

Handling

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

January 4, 2018, at approximately 0530 hours,

while performing humane handling verification

activities in the suspect pen at Est. 791 I 

 observed the following

Noncompliance. The establishment employee

applied a captive bolt stunning device to the head

of a market hog. As the stunner made the first

stunning attempt with the captive bolt, the hog

moved its head up. The stunning attempt hit the

head as evidenced by the hog's sudden movement

away from the stunner and a penetrating hole on

the top of the head where the captive bolt hit,

however the hog remained in sternal recumbency

and vocalized. The stunner took immediate

corrective action by re-loading the captive bolt

and delivering a second stun, which made the hog

insensible. 

was notified of the Noncompliance and the

Establishment’s failure to adhere to the regulatory

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

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 181

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID441

001400

4N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORIES FOR VERIFICATION Category

I-Inclement Weather Category III- Water and

Feed Availability On Tuesday, 01/02/18, at

approximately 0800 hours, IPP informed me of

the following noncompliance. Specifically, IPP

observed that the large water troughs in pens (42,

43, 44), (60, 61, 62) and (63, 64, 65) were empty,

due to the severe cold and that the water pipes

running to these troughs were frozen and clogged.

Each of the aforementioned respected pens

contained cattle that were unable to drink water

due to this condition. Immediate regulatory

control was taken and the aforementioned pens

were rejected, utilizing U.S. Rejected/Retained

tags B38147520, B38147426, and B38147676.

The cattle were then removed from these pens,

under my direct supervision and placed in pens

with functioning water troughs. Repairs were

made to the water troughs and the regulatory

control action was relinquished when appropriate

conditions were restored. 

 was informed of the

noncompliance and the establishment’s failure to

follow the regulatory requirements prescribed in

9CFR 313.2(e).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 182

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID561

501440

4N-1

01/04/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORIES FOR VERIFICATION Category

III-Water and Feed Availability On Thursday,

01/04/18, at approximately 0840 hours I 

observed the following

noncompliance: the smaller water trough utilized

by pens 21 and 22 was devoid of water and had a

thin layer of moist debris.  The larger water trough

running the back length of the pens was also

devoid of water.  Pen 21 had 28 steer and pen 22

had 33 cows that were unable to drink water. 

After I informed first ,

and then , of the

lack of water the establishment took immediate

corrective actions and refilled the smaller water

trough therefore no US Reject/Retain tag was

needed. 

, is informed in writing of the

aforementioned noncompliance and of the

establishment’s failure to follow the regulatory

requirements prescribed in 9CFR 313.2(e). This

noncompliance is linked to a previous

noncompliance record KID4410014004N with the

same root cause.

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 183

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID380

401171

1N-1

01/06/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORIES FOR VERIFICATION CATEGORY

III-WATER & FEED AVAILABILITY The following

noncompliance was noted at 0750 hrs by 

 on Saturday 06 January 2018 and I

received notification of the noncompliance as the

acting SPHV at Est 1311 on this date: Frozen

watering troughs in Pens #41 and #44 which

contained cows within at the time of

noncompliance and no alternative unfrozen water

source available within these pens.  

took immediate regulatory control action by

affixing US Rejected/US Retained tags B38147776

(Pen 44) and B38147780 (Pen 41).  

was notified of the noncompliance.  The

establishment immediately rectified the situation

by removing the cows from these pens.  The pen

remained under control by FSIS until tags were

removed by on Monday. This is linked

to noncompliance number KID5615014404N with

the same root cause. The establishment is not in

compliance with the following regulation:  9 CFR

313.2(e).

CLOSED

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

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 184

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID460

501351

1N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.2 Category III- Water and Feed Availability On

Wednesday morning, January 10, 2018 I, 

 was performing a walk-through

inspection of the barn pens when I observed that

the blue plastic water trough jointly serving pens

35 and 38 had no water in it.  Both pens were

being used to hold small groups of cattle at the

time, and no other water was available to these

animals.  I immediately alerted 

 and observed as he promptly moved

the affected cattle to pens that had working water

troughs. No Reject tags were issued since barn

personnel immediately took control of the

situation and removed animals to appropriate

holding pens.   I informed and

, that an

NR would be issued for holding animals without

providing access to water. Failing to provide

access to water for animals in lairage is a

non-compliance to 9 CFR § 313.2(e) Animals shall

have access to water in all holding pens.

CLOSED

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 185

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID541

501271

6N-1

01/16/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category II: Truck Unloading On Tuesday

December 16th at approximately 9:30 am while

performing the humane handling verification of

truck unloading I, relief SPHV, observed the

following noncompliance: A truck driver was

unloading the first group of dairy cattle from a

truck when the last cow in the group went down

in the alley inside the Establishment between the

unloading dock and the scale and did not rise. 

The dairy cow’s body was positioned diagonally

on the floor of the alley blocking the alley except

for approximately one foot on one end of the cow

so it would not be possible for other animals to be

unloaded at the same time without stepping on,

over, or around the down animal.  The truck driver

attempted to make the dairy cow rise using a

paddle but the cow did not rise.  The driver then

walked to the scale to secure the cows from the

first group and then walked back to the

non-ambulatory cow and tried again to get the

cow to rise using a paddle but the cow did not

rise.  Then he walked around the cow to the truck

and released and began driving the remaining

cows from the truck into the alley where the dairy

cow was lying.  I observed several cattle step over

and around the non-ambulatory cow at which

point I went to the nearby unloading office to

inform the barn supervisor of the situation.  In the

meantime, multiple cattle were moved off the

truck and up the alley from the truck, around or

over the aforementioned down animal, which was

blocking the alley.  The barn supervisor

immediately stopped truck unloading and herded

the ambulatory cattle away from the

non-ambulatory dairy cow.  A final attempt was

made by the barn supervisor and a barn employee

to get the non-ambulatory cow to rise using their

hands and paddles but was unsuccessful.  The

non-ambulatory cow was then euthanized

humanely and removed from the alley before the

remaining cattle were unloaded and driven to the

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 186

EstNbr EstName NR# Date Task TaskName Regs Description Status

scale. This is a noncompliance with federal

regulation 313.2(d)1 which states that disabled

animals and other animals unable to move shall

be separated from normal ambulatory animals.

M1311 JBS Souderton

Inc.

KID570

702101

3N-1

02/13/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category I - Water and Feed Availability On

Tuesday, February 13, 2018 at 6:06am I 

 was performing antemortem when

I noted that pen 17C's plastic blue water trough

was empty.  The pen at the time was holding four

dairy cows.  I pointed this out to the barn

employee assisting me, who immediately turned

the water line on, filling the trough filled which

then began to overflow.  The employee then

turned the water off, leaving the pen with a

temporary water supply.  I informed the employee

in charge of the pens at that time that an NR for

water availability would be issued and placed a

retain tag on the pen to prevent its further use. 

Failure to provide access to water for animals in

lairage is a non-compliance of 9 CFR § 313.2(e).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 187

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID171

502341

4N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.2 While walking though center alley of the empty

barn at the end of kill on Wednesday, February

14, 2018, I ) felt my boot snag

while walking past Pen 21.  I discovered that a flat

metal support between the bottom rail of the

gate and next rail up had been bent outwards and

torn, leaving a sharp edge protruding about a

quarter of an inch outwards into the center alley. 

I alerted , to the

situation and he immediately had QA tags affixed

to pen 21 as well as to Pen 22, where another

metal support had been cut and pushed slightly

into the pen.  As this was taking place, an

employee from maintenance came out to assess

the damaged areas, and began preparations to

immediately repair the two areas where sharp

metal was present. I informed and

who also was present at the scene that an NR

would be issued due the presence of sharp edges

in the pens and alleyways, per 9 CFR § 313.1(a)

Livestock pens, driveways and ramps.

CLOSED

M1311 JBS Souderton

Inc.

KID111

402542

7N-1

02/27/2018 04C02 Livestock

Humane

Handling

313.1 Today at approximately 12 noon  I 

 was told by the barn IPP that a pen gate had

fallen and pinned a cow to the ground. I

immediately went down to the barn and found a

black dairy cow standing in Pen 17D with the gate

leaning against one side of the pen.  I entered the

pen to ascertain the status of the animal, which

was not in distress, had no obvious injuries and

was ambulatory.  The Establishment’s

immediate response was to free the cow and then

after I had examined it move it to an adjoining

pen.  Establishment QA had placed their own

orange tags to both entrances to the pen to

prevent further use.  I placed reject/retain tags on

both entrances as well.  The Barn Supervisor was

informed that the Establishment would receive an

NR for CFR Title 9 § 313.1 (a) failure to keep

livestock pens in good repair.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 188

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID251

303072

2N-1

03/16/2018 04C02 Livestock

Humane

Handling

313.1 On March 16, 2018, at approximately 1600 hours,

I ) observed the following

noncompliance in the barn area. Specifically,

while crossing the catwalk on my way to conduct

ante mortem inspection, I observed a Holstein

Steer, in pen 23, with its head stuck in the

crossbars of the water trough. The animal

attempted to free itself from the bars, but was

incapable of doing so and establishment

personnel were required to euthanize the animal,

utilizing a handheld captive bolt. After the

animal was euthanized, establishment personnel

safely transferred the remaining animals that were

still in pen 23, to another pen.  Regulatory control

was then taken and pen 23 and the water trough

were rejected, utilizing US Rejected/Retained tags

#B38147056 and B38147060. Upon further

inspection of the crossbars at the water trough, it

was observed that the gap between the middle

and bottom crossbar (were the animal’s head was

stuck) was significantly wider than the gap

between the top and middle crossbar. Regulatory

control of pen 23 was relinquished the following

day, after repairs were made to the water

trough.   

, was notified of the

noncompliance and the establishment’s failure to

comply with the regulatory requirements of 9CFR

313.1 (a).

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 189

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1311 JBS Souderton

Inc.

KID551

403041

9N-1

03/19/2018 04C02 Livestock

Humane

Handling

313.1 On April 19,2018 at approximately 07:11 hours

I ) observed the following non

compliance in the barn. I observed the  metal

divider on pen # 16, broken exposing sharp metal

edges at the bottom. I immediately took

regulatory action and I placed

USA Retained/Rejected tag # B38144581 and

B38144577 to the pen gates. A similar non

compliance(KID2513030722) was issue to the

establishment on 3/16/2018 

 was informed of the

establishment failure to comply with the

regulatory requirement of 9 CFR 313.1(a).

CLOSED

M4465 Nicholas Meat

LLC

KYM50

150232

26N-1

02/26/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII Observation for Slips & Falls  

On Monday, February 26, 2018 at approximately

1348 hours I was conducting monitoring for

Human Handling on the catwalk in the barn and

observed the following non-compliance.   While

watching a truck of dairy cattle be unloaded into

Pen 5, I observed multiple cattle (at least 3) have

small slips (the meta carpus, the area below the

knee, touched the ground) while first entering the

pen.  These cattle did not fall all the way to

ground and their chest did not make contact with

the floor.  In addition, there was one dairy cattle

that was pacing around the pen that had multiple

small slips.  Afterwards, the group of cattle was

moved to pen 2 and at this point I observed one

cow have a major slip and fall which resulted in its

abdomen/brisket contacting the floor of the barn

in the alleyway.  All four feet were seen splayed

out after the fall.  The cow got up shortly

afterwards.  This is a violation of 9 CFR 313.1 (b). 

, and 

 were alerted to the

situation and non-compliance.  No RCA was taken

because plant employees responded by placing

barn-dry/wood shavings on the floor in order to

improve traction.

OPEN

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 190

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4999+P4

999

Pudliner

Packing

CGN28

110207

21N-1

02/21/2018 04C02 Livestock

Humane

Handling

313.1 Category II Truck Unloading On 2/21/18 at 1135

hours while performing the review and

observation component of the Humane Handling

slaughter task the following noncompliance was

observed. A hole was observed on the top

platform of the unloading ramp in an area

approximately 20 inches by 12 inches. Mr.

Andrew Pudliner Sr. and Mr. George Blasko were

immediately notified verbally. This ramp was

rejected using US reject tag no. A4070580. No

animals appeared hurt or injured due to this

noncompliance. This is noncompliance with 9 CFR

313.1(a). A search of PHIS did not show any recent

similar noncompliance.

CLOSED

M4999+P4

999

Pudliner

Packing

CGN45

100302

22N-1

03/22/2018 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability On

3/22/18 at approximately 0958 hours while

performing the Water and Feed availability

component of the Humane Handling task the

following noncompliance was observed. Cattle in

the largest pen outside did not have access to

water. Mr. George Blasko and Mr. Andrew

Pudliner Sr. were notified and the animals were

immediately given water. No regulatory control

action was taken at this time. A search of PHIS did

not show any recent similar noncompliances. This

is noncompliance with 9 CFR 313.2 (e) states

"Animals shall have access to water in all holding

pens and, if longer than 24 hours, access to feed.

There shall be sufficient room in the holding pen

for animals held overnight to lie down."

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 191

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4999+P4

999

Pudliner

Packing

CGN20

090318

28N-1

03/28/2018 04C02 Livestock

Humane

Handling

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

3/28/18 at approximately 0900 hours while

performing the humane handling verification

activities at Est. 4999, 

observed the following noncompliance

and reported it to 

 The Establishment moved a

boar into the stunning area directly outside of the

slaughter floor for stunning with a shotgun.  

 stayed inside the slaughter floor record

keeping area to listen from an adjacent room. He

heard the first shot but instead of hearing the

animal fall to the ground, as is customary after

shooting, he instead heard sounds of vocalization

(squealing) and not the rhythmic movement of

reflexes that are typically heard after a successful

stun. He then heard a second gunshot and the "All

Clear" from the Stunner, signaling that stunning

was complete. He then confirmed that the animal

was insensible. I ( ) completed

the examination of the skull. This

examination revealed two full-thickness holes in

the forehead of the animal. This observation,

combined with what   heard after the

first shot, confirmed that the first stunning

attempt did not immediately or effectively render

the animal unconscious. Mr. Andrew Pudliner Sr.,

Plant Owner, was notified of the Noncompliance

and the establishment’s failure to adhere to the

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

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 192

EstNbr EstName NR# Date Task TaskName Regs Description Status

M4999+P4

999

Pudliner

Packing

CGN59

090511

01N-1

05/01/2018 04C02 Livestock

Humane

Handling

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

On May 1, 2018, at approximately 0830 hours

while performing humane handling verification

activities at Establishment 4999M, 

 observed the following Noncompliance

and alerted the 

The Establishment moved

a market swine into the stunning area for

stunning with a hand held captive bolt. As the

Stunner made the first stunning attempt with the

captive bolt, the market swine moved its head.

The stunning attempt hit the head as evidenced

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

but the market swine vocalized and remained

standing as observed by . The

stunner took immediate corrective action by

re-loading the captive bolt and delivering a second

stun, which made the market swine insensible. 

observed two holes from the captive bolt

in the swine's forehead region. Mr. Andrew

Pudliner Sr., Plant Owner, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1). A search of PHIS did not show any

recent similar noncompliances involving the

captive bolt.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 193

EstNbr EstName NR# Date Task TaskName Regs Description Status

M7857 Marcho Farms

Inc.

OLG491

203500

6N-1

03/06/2018 04C02 Livestock

Humane

Handling

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

March 6, 2018, at approximately 1015 hours,

while performing humane handling verification

activities in the barn at Est. 7857 I (

 observed a plant employee attempted to

stun the formula fed calf with a pneumatic non

penetrating stunning device in the stunning box.

The stunning attempt hit the head as evidenced

by the calf sudden movement away from the

stunner and a spot on the head where the

stunning device connected with the head,

however calf remained in upright position and

alert, its eyes were open and following the

movement.  The stunner took immediate

corrective action by using the hand held captive

bolt and delivering a second stun, which made the

calf insensible. was

notified of the Noncompliance and the

Establishment’s failure to adhere to the regulatory

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

CLOSED

M7857 Marcho Farms

Inc.

OLG471

303150

8N-1

03/08/2018 04C02 Livestock

Humane

Handling

313.30(b)(3) HATS Category VIII- Stunning Effectiveness On

3/8/18 around 0225 hours, while I was

performing Humane Handling tasks in the barn, I

observed the following noncompliance. While I

was walking up the left side on the runway

towards the stunning area, I noticed a lamb being

stunned with an electrical stunning device and

placed on the conveyor table to be prepared for

the bleeding process. While the table was in

motion, the lamb began to struggle and started to

rise to an upright position. The plant

employee responsible for stunning, noticed

this right away and took immediate corrective

action by stunning the lamb with a hand held

captive bolt. After observing a few more lambs

being stunned, I did not notice any further issues. 

 and were informed that

this was a noncompliance of 9 CFR 313.30(b)(3)

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 194

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9369+P9

369

Alex Froehlich

Packing

Company

SOJ091

104242

4N-1

04/24/2018 04C02 Livestock

Humane

Handling

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

April 24, 2018, at approximately 1145 hours while

performing humane handling verification activities

at Establishment 9369M, Inspection Program

Personnel ( and 

observed the following Noncompliance.

The Establishment moved a sow into the stun box

for stunning with a hand held captive bolt. The

sow was standing freely in the stun box. The first

stunning attempt was ineffective in rendering the

animal unconscious.  The stunning attempt hit the

head as evidenced by the sow's vocalization and a

hole on the head where the captive bolt hit. The

stunner took immediate corrective action by

re-loading the captive bolt and delivering a second

stun, which made the sow insensible. Mr. David

Froehlich II, Plant Owner, was notified of the

Noncompliance and the Establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.15(a)(1).” A search of PHIS did not show any

recent similar noncompliances.

CLOSED

M9400+P9

400

Cargill Meat

Solutions

WIL241

302120

8N-1

02/08/2018 04C02 Livestock

Humane

Handling

313.2 On 2/8/2018, at approximately 1310 hours, while

performing ante-mortem inspection in the Pens

Area. I observed that the water trough between

pens 9 and 10 was completely empty and the

animals in these pens were not able to access

water. This is a non-compliance of 313.2(e)

, observed this

non-compliance. Both and

, were both notified

of this non-compliance. Immediate corrective

action was taken. The water trough was filled and

the animals were then able to access water.

CLOSED

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

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 195

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9442+P9

442

Groff Meats

Inc.

UTC450

903320

5N-1

03/05/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 1000 hours while observing the

livestock pens I observed the following

noncompliance: There were two pigs in the

walkway along the truck unloading area. There

was a board across the pen, confining the pigs to

the short left side near the brown door. 

Discussion with

confirmed no water is available in that pen.  In

addition, the far pen, approximately 3 ft. wide by

15 ft. long had approximately 13-14 pigs in it. 

There was a long water trough with minimal

water and a shorter trough approximatey 2 ft.

long that was empty. The pigs in the pen near the

empty water trough were piled 3-4 pigs deep.  The

pigs did not appear cold as the pigs in the next

pen, 7-8 pigs, were not huddled or piled.  The

piled pigs would squeal and fight when one tried

to get out of the pile.  The piled pigs did not have

accessibility to the water.  I notified 

 and Plant Owner Mr. Frank Groff

of the noncompliance.  No reject tag was applied

to the pens as took immediate corrective

action and moved the two pigs to an area with

water.  Mr. Groff addressed the area of the other

pigs.  You are noncompliant with 9 CFR 313.2

for water availability.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 196

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9442+P9

442

Groff Meats

Inc.

UTC211

404590

6N-1

04/06/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

HATS Category VIII - Stunning Effectiveness  On

April 6, 2018, at approximately 0913 hours while

performing humane handling verification activities

at Establishment 9442, I, 

observed the following Noncompliance.  A market

hog was moved to the stun box for stunning with

an electrical stun device.  The hog was standing

freely in the stun box. Stunning is performed as a

head then heart stun.  When the stunner made

the first stunning attempt in a rapid movement,

the stun device landed folding the right ear back

and pinning the ear between the head and the

device.  The hog immediately dropped to its left

side and began squealing loudly.  No regulatory

control action was taken as the stunner took

immediate corrective action by re-stunning the

hog on the head with the stun device, which made

hog insensible.  He then proceeded with the heart

stun.  Mr. Frank Groff, Plant Owner, was notified

of the Noncompliance and the Establishment’s

failure to adhere to the regulatory requirements

of 9 CFR 313.30(a)(1) and 313.30(a)(3).

CLOSED

M9442+P9

442

Groff Meats

Inc.

UTC551

205581

6N-1

05/16/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category V: Handling of Livestock At

approximately 1202 hours while observing animal

handling, I observed an employee trying to drive a

roaster pig to the stun box. The pig was

approximately 15-20 pounds and as soon as the

employee got it to drive forward a little it turned

around and went back the other way. The

employee then picked the pig up by the hind left

leg and while its front feet were still on the

ground he proceeded to drag the pig to the stun

box. The pig squealed when picked up and on the

way to the stun box; it stopped squealing when it

was released. No regulatory control action was

taken as I immediately notified Mr. Frank Groff

and corrective actions were taken. You are in

noncompliance with 9 CFR 313.2(d)(2).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 197

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9443+P9

443+V9443

LaRue Meat

Processing

GGE551

101280

2N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category I Adequate Measures for Inclement

Weather  HATS Category III Water and Feed

Availability At 0725 hours while performing the

Humane Handling Verification task the following

noncompliance was observed. Two cattle and one

swine was observed in the pens to the left of the

entrance to the barn if entering from the slaughter

floor area. The water troughs in these pens were

frozen. There was no access to water for these

animals at the time of this observation. 

 was notified verbally. then placed

containers of water into the pens for these

animals. No regulatory control action was taken

at this time. A search of PHIS did not show any

recent similar noncompliances. 9 CFR 313.2 (e)

states "Animals shall have access to water in all

holding pens and, if held longer than 24 hours,

access to feed.  There shall be sufficient room in

the holding pen for animals held overnight to lie

down."

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 198

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9520+P9

520

Leidys, Inc. UGA35

070114

05N-1

01/05/2018 04C02 Livestock

Humane

Handling

313.5 On 1/5/18 around 0815 hours, while I was going

downstairs to the barn to perform Humane

Handling tasks, I observed the following

noncompliance.  I entered the barn area and as I

walked down the steps, I noticed a hog standing

up on the floor near the Stainless steel table,

where the hogs are released after coming from

the Carbon Dioxide chamber.  I also noticed 2

plant employees standing near the hog so I

walked over toward them to inquire about the

hog. When I got closer, I noticed the hog was

breathing very heavy. Then, I turned to my left

near the stainless steel table and noticed another

load of hogs coming up from the Carbon Dioxide

chamber on the elevator to be released onto the

stainless steel table. After the hogs were released

from the elevator, I observed two hogs vocalizing

while struggling to stand in an upright position.  I

immediately took regulatory control action by

stopping the slaughter line, due to conscious hogs

exiting the carbon dioxide chamber. The

establishment took immediate corrective action

by stunning the two hogs with a hand held captive

bolt. At this time, I went to inform acting 

 about the situation. After consulting

with about the situation, we

relinquished regulatory control of the slaughter

line due to the immediate corrective actions

implemented.  The hog that I noticed earlier was

sent down with the next load of hogs on the

elevator to the gas chamber for stunning. I

observed the next load of hogs exited the carbon

dioxide chamber and did not notice any further

issues. Both and

 were informed that this was a

noncompliance of 9 CFR.313.5

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 199

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9520+P9

520

Leidys, Inc. UGA18

050313

28N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.2 Category IV Pens to stunning area During the

morning humane handling checks the

following was observed: on two occasions when

the hogs were being pushed into the CO2 elevator

the hogs had their heads up on the backs of the

hogs against the pusher and when they came to

the opening to the elevator their head was caught

between the top of the opening and the hogs

back and they vocalized.  On a third occasion one

hog was up with its front legs on the hog against

the pusher it became trapped in the shoulder

area against the top of the opening and the hog

against the pusher for about 2 seconds, the

pusher was reversed and the animal wiggled itself

down to a standing position.  I examined the third

animal after CO stunning no injury was

observed. The hogs getting caught caused

excitement, failure to move animals with a

minimum of excitement and discomfort is a non

compliance with 9 CFR 313.2 (a).  

was informed of this non compliance.

CLOSED

M9704+V9

704

Springfield

Meat

Company

QGE360

601481

1N-1

01/11/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII – Slips and Falls On January

10, 2018 at approximately 1052 hours, I 

) was

performing humane handling verification when I

observed the following noncompliance: A black

and white beef heifer was being unloaded from

the trailer onto the ground in the antemortem bay

(with a gap of approximately one foot between

the trailer and the ground).  As she stepped down,

all four legs slid out sideways so that the animal

fell and landed directly on her abdomen.  Another

animal was still in the trailer but I directed

establishment personnel to cease unloading until

the heifer recovered.  Within a minute, the heifer

regained her footing and continued walking with

no apparent injury. I immediately informed 

, of the aforementioned

noncompliance and the establishment’s failure to

adhere to the regulatory requirements of 9 CFR

313.1(b).

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 200

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9704+V9

704

Springfield

Meat

Company

QGE071

101062

3N-1

01/23/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII Slips and Falls On January 23,

2018 at approximately 1200 hours, I 

 was performing

humane handling verification, accompanied by

Richard Baringer(Owner) when I observed the

following noncompliance: A brown and white

heifer was being unloaded from the trailer onto

the ground in the antemortem bay (with a gap of

approximately one foot between the trailer and

the ground). As she stepped down, her front two

legs slid out sideways so that the animal fell and

landed directly on her abdomen. Another animal

was still in the trailer but she regained her footing

immediately and continued walking with no

apparent injury. The second cow walked

off immediately after the first one regained her

footing. The establishment immediately applied

grit prior to any more unloading of livestock,

therefor no regulatory control action was needed.

   I immediately informed 

, of the aforementioned

noncompliance and the establishment's failure to

adhere to the regulatory requirements of 9 CFR

313.1(b). A similar noncompliance was observed

1/10/18.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 201

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9706 Baringer

Brothers

CTF030

902470

6N-1

02/06/2018 04C02 Livestock

Humane

Handling

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

February 6th, 2018 at approximately 0820 hours

while performing humane handling verification

activities, I ) was with 

 when the following

noncompliance occurred: This establishment

uses a rifle to stun cattle. For safety reasons, 

and I were behind a wall during

stunning but still listening to the stunning process.

While a steer was in the knock box, 

and I heard the first shot.  Then we

heard a second shot.  We looked around the wall

as we thought stunning had finished.  The steer

was still standing and backing away from the

establishment employee with the rifle.  We then

went back behind the wall as it was clear stunning

was not finished and a third and final shot was

heard at which point and I

confirmed the animal was rendered unconscious. 

Examination of the skill revealed two full thickness

defects in the skull of the animal one of which was

on midline and the other off to the left of midline

on the animal’s forehead.  This observation,

combined with what we saw after the second shot

confirmed that immediate unconsciousness was

not effected with one shot.  Mr. Jon Baringer,

Plant Owner, was notified of the noncompliance

and the establishment’s failure to adhere to the

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

OPEN

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 202

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9784+P9

784+V9784

Leona Meat

Plant Inc

OMK19

080111

10N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.2 On January 10, 2018 at approximately 0745 hours

I observed the following noncompliance:  At 0645

hours, performed a Pre

Operational inspection on the pens area of Leona

Meat Plant, est. M9784.  At this time 

observed 2 pens, which were holding

animals, had no water available.  Also the beef

holding pen has 2 parts, the front and the back. 

Each area has one location where the cattle can

consume water.  The back part of pen #1’s

watering location was frozen. At 0745 hours 

arrived at establishment M9784 and

immediately followed to

the pen area.  At this time, an hour after the

original Pre Operational inspection by

 I observed the same 2 holding pens

without water and the back beef pen with frozen

water.  At this time I informed owner Charles

Debach of this noncompliance and this violation

of 9CFR 313.2(e).  Mr. Debach took immediate

corrective action.   After Mr. Debach was through, 

the pens were re-inspected and realeased.

CLOSED

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 203

EstNbr EstName NR# Date Task TaskName Regs Description Status

M9814+P9

814

Twin Pine

Farms Inc.

ALA391

104501

1N-1

04/11/2018 04C02 Livestock

Humane

Handling

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

April 11, 2018, at approximately 0705 hours while

performing humane handling verification task at

Est. M9814, and I 

 observed the following noncompliance.

Establishment moved a beef heifer into the stun

box. The heifer was standing freely in the stun

box. The stunner made the first stunning attempt

on the heifer with a hand held captive bolt. The

stunning attempt made contact with the heifer as

evidenced by it dropping to the ground. The heifer

was not rendered completely insensible as

evidenced by being in a sternal position, having

her head and neck up, appearing to be looking

around, and starting to scramble as in trying to

stand or escape. The stunner immediately took

corrective action by reloading the captive bolt and

delivering a second stun, which made the heifer

insensible. Mr. Denny Ilyes, the Plant Owner, was

notified of the noncompliance and the

establishment’s failure to comply with the

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

OPEN

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 204

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20760 USA Pork

Packers Inc

YKM49

130107

08N-1

01/08/2018 04C02 Livestock

Humane

Handling

313.30(a)(3),

313.30(b)(3)

Electrical; stunning or slaughtering 

                                                                with electric

current. 9 CFR 313.30 (a)(3), 9 CFR 313.30 (b)(3) 

On Monday January 8, 2018 approximately at

0845 hours after I finished ante-mortem

inspection and when I was waiting at the barn

area to watch the stunning of one suspect non

ambulatory disabled market hog I saw the

following non- compliance: The plant separated

one suspect non ambulatory disabled market

hog(approximately 240 Lb.) at the barn front area

(unloading area) next to the scale and while I was

watching the electric stunning procedure of that

hog I saw the plant employee applying the first

stun on the back of the head which did not render

the hog unconscious where I saw the hog

vocalizing loudly after the application of the first

stun, the plant employee failed to render the

animal unconscious. The plant employee took an

immediate corrective action after one second by

applying a second stun which was successful

where I saw the hog was unconscious after the

second application of the electric stun. I

informed and

with the non -compliance. The

plant was not compliant with 9 CFR 313.30 (a)(3)

and 9 CFR 313.30 (b)(3).

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 205

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562 JBS Green Bay,

Inc.

QSM10

060129

03N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On January 2, 2018, at approximately 4:00 pm

while performing HATS category VIII stunning

effectiveness, observed the

secondary knocker take the hand held captive bolt

device and attempt to stun a steer. The steer was

conscious as the steer’s head did not drop and

was blinking and looking around. The stunner

immediately took a secondary hand held captive

bolt device and effectively stunned the steer. 

took regulatory control and tagged the

knocking restrainer with U.S. Rejected tag

#B38149130 and notified 

of the

noncompliance. The head was skinned and

showed an angled hole 3” directly dorsal of the

medial commissure of the left eye with

penetration through the skull. The second knock

hole was in the center of the head; central frontal

bone. After the establishment gave verbal

corrective actions to 

 released the knocking restrainer. 

This noncompliance is associated with NR QSM

4711120204 dated 12/01/17 as the preventative

measures proffered by the establishment in

response to the previous NR were either not

implemented or were not effective.

CLOSED

(b) (6)

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

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 207

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562M JBS Plainwell,

Inc.

CFO200

801212

3N-1

01/23/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category IV Handling during AM On

January 22 2018 at approximately 9:30 am 

 was called to the knocking area by

. A steer had

fallen in the lead up to the knocking box just after

the brisket rail begins but before the decline to

the knock box. In the process of falling the steer

had gotten its head stuck between the brisket rail

and the side wall in such a way that there was no

possible access to stun the animal. The plant

asked to approve using a chain on the

front leg to move the steer just enough to be able

to stun the animal. gave permission to

pull the animal forward. The steer was pulled

about 1 foot forward but the head started to tuck

under the body instead of come out so 

had the plant stop pulling. The plant was then

going to try to pull the steer backwards to gain

access, so the remaining steers in the lead up

chute that had been separated by a portable black

mat hung between them and the down steer were

being pushed back out in the serpentine area. The

front most steer in line pushed past the hanging

black rubber and knocked it into the chute at that

point. Then three steers in a row crawled over the

down steer to enter the knock box. Four or five

plant employees were trying to prevent the steers

from moving forward with rattle paddles but were

not successful. During this the down steer had

back up enough to allow for access to the head.

 told the plant to stun the three steers

that had entered the knocking box to allow for

safe access to the down steer. The down steer was

then knocked once to render it unconscious

followed by two security knocks. The down steer

was then dragged out of the chute to be disposed

of at the end of the day as a non-ambulatory

animal not for processing. These events concluded

at approximately 9:50 am on January 22. The

plant followed their robust humane handling

program during this incident. 

OPEN

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 208

EstNbr EstName NR# Date Task TaskName Regs Description Status

 was informed that

an NR would be issued for this incident. 9 CFR

313.2 (a) Driving of livestock from the unloading

ramps to the holding pens and from the holding

pens to the stunning area shall be done with a

minimum of excitement and discomfort to the

animals.

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 209

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562M JBS Plainwell,

Inc.

CFO021

103023

0N-1

03/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 8:30 AM, 

 was observing

stunning procedures (HATS Category VIII) at JBS

Plainwell (M562).  observed the

stunner attempt to stun a Holstein cow with the

pneumatic captive bolt.  The animal was at the

end of the restrainer and was moving its head at

the time the stunner discharged the device;

resulting in the cow not being rendered

unconscious with the initial stunning attempt.

There was no blood visible after the initial

stunning attempt.  observed that the

animal then moved its head around in a very

controlled manner and was blinking naturally. 

The stunner grabbed the pre-loaded handheld

captive bolt device and successfully rendered the

cow unconscious with the second attempt.  

 then followed the animal around to the

bleed pit and got the house tag number 8381.

 tagged the cow on the

head line and he and confirmed that

there were two separate knocking attempts on

the head. One hole was off midline towards the

right eye and the other hole was in the correct

location. At 9:05 AM Mr.

 and 

, were notified of the

stunning non-compliance. 9 CFR 313.15(a)(1)

states ‘The captive bolt stunners shall be applied

to livestock in accordance with this section so as

to produce immediate unconsciousness in the

animals ́ 9 CFR 313.15(b)(1) states ' The stunning

are shall be designed and constructed as to limit

the free movements of the animals sufficiently to

all the operator to locate the stunning blow with a

high degree of accuracy.'

OPEN

(b) (6)

(b) (6)

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

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 210

EstNbr EstName NR# Date Task TaskName Regs Description Status

M562M JBS Plainwell,

Inc.

CFO031

405521

0N-1

05/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At 2:46 PM, 

was observing stunning procedures (HATS

Category VIII) at JBS Plainwell (M562) at the

knocking box.  observed the stunner

attempt to stun a beef cow with the pneumatic

captive bolt.  The animal was moving its head

when the stunner was trying to place the captive

bolt so the stunner used the restrainer to back the

cow into the chute to reduce movement. The

animal became much more still but still jerked its

head when the captive bolt was discharged

causing the cow to not be rendered unconscious

with the initial stunning attempt. A wound was

present from the stunning attempt. 

observed that the animal then moved its head

around in a very controlled manner and

vocalized.  The stunner grabbed the pre-loaded

handheld captive bolt device and successfully

rendered the cow unconscious with the second

attempt.  At 2:48 PM 

was notified of the stunning

non-compliance. CFR 313.15(a)(1)

OPEN

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 211

EstNbr EstName NR# Date Task TaskName Regs Description Status

M952 BEF Foods, Inc. YUC211

402540

8N-1

02/08/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category V: Handling of Suspect and

Disabled At approximately 0805hr I observed the

following noncompliance. While performing

antemortem inspection on a pen of 90 sows I

witnessed a sow laying on the ground in lateral

recumbency with several sows crowding the

immediate area, one sow standing on top of and

another standing across the downed sow, and

another sow stepping on the downed sow as it

was moved near to the downed sow. A barn

employee was notified and between that time and

when he came back to move the downed sow out

of the pen several other animals walked over or

on the downed sow. When the employee

attempted to get the sow to rise by striking it on

the side several times with an open hand the sow

flailed and tried to throw herself into sternal

recumbency repeatedly without success, settling

back into lateral recumbency when not provoked.

When the sow was propped into sternal

recumbency she was able to rise and walk with

difficulty out of the pen to an isolated aisle. I

observed immediate corrective action so no tag

was used. was

notified that an NR would be issued. The

establishment is in violation of 313.2(d)(1)-

Disabled animlas and other animals unable to

move shall be separated from normal ambulatory

animals...  No similar NRs have been issued in the

last 90 days.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 212

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1816+V1

816

West Michigan

Beef Co. LLC

TMB10

060222

09N-1

02/09/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV: At approximately 6:30 am on

9 February 2018, while performing ante-mortem

inspection on the first lot of cattle, the CSI

observed a steer with backtag 32SH 1798 with its

head stuck in the guardrail of the alley between

the barn and the kill floor. The steer was unable to

back its head out from between the guardrails, so

it slid its head horizontally along the fence to free

ifself. Upon examination of the steer, a deep

laceration several inches long was found on its

neck on its right side. Upon examining the

guardrail, two sharp points were found. The sharp

point on the upper guard rail had hair surrounding

it, and the sharp point on the lower guard rail had

blood on it. The kill floor supervisor was informed

of the steer's injury and the upcoming

noncompliance record. The kill floor supervisor

had maintenance personnel repair the guardrail

before any more cattle were brought through the

alley. At approximately 8:00 am, the PHV was

called over to the knocking area by the online CSI

to observe an entrapped animal. The PHV

observed a young heifer with its head and left

front leg entrapped between the bottom two

guard rails of  the chute immediately before the

knock box. While the animal was attempting to

free itself, the PHV observed a laceration on the

distal hind right leg just above the hoof that was

actively bleeding and appeared to be from contact

with a diagonal piece of guard rail on the chute's

gate where it opens into the shower pen. After

several minutes of attempting to unsuccessfully

free the animal, the establishment elected to

euthanize the animal while it was standing. The

establishment successfully stunned the animal

with a single shot rendering it unconscious. The

establishment was then able to remove it

from being entrapped. The PHV discussed with the

kill floor supervisor that this incident would also

be added to this noncompliance record. The

requirements of 9 CFR 313.1 were not met.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 213

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1816+V1

816

West Michigan

Beef Co. LLC

TMB23

140345

15N-1

03/15/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII At approximately 13:45 while

conducting HATS verification at the knock box. I

noticed a plant employee attempting to stun a

Charolais cow with her head in the restrainer. The

captive bolt gun discharged and the cow remained

standing conscious with blood coming from the

nose. The plant employee then discharged a

second shot from the captive bolt gun and

rendered the cow unconscious. 

 was present and informed. At the

head inspection area I observed two holes in the

same head consistent with two captive bolt shots. 

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

met.

CLOSED

M1816+V1

816

West Michigan

Beef Co. LLC

TMB16

090346

29N-1

03/29/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII On Thursday, March 29, 2018 at

approximately 0943 hours, during operations in

the Slaughter Production area, while conducting

the Humane handling verification task the

following non-compliance was observed. The

plant employee attempted to stun the cow with

the captive bolt device in the knock box;

however, it was unclear if the stun was ineffective

due to the inability to confirm the shot contacted

the animal.The second time the employee did

stun the animal; however, the animal remained

standing fully conscious and there was blood

dripping from the animal's forehead. The plant

employee immediately stun the animal and the

third stun was effective. I immediately alerted the

quality assurance personnel 

 and allowed them to view my

finding.   was immediately notified.

 informed plant personnel that a

non-compliance will be documented. A similar

incident occurred on March 15, 2018 and the

incident was documented on

NR # TMB2314034515N.

CLOSED

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 214

EstNbr EstName NR# Date Task TaskName Regs Description Status

M1816+V1

816

West Michigan

Beef Co. LLC

TMB23

120413

30N-1

04/30/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) HATS VIII On Monday, April 30, 2018 at

approximately 1035 hours, the following

noncompliance was observed while providing a

relief break for the CSI at the post-mortem

inspection area. Vocalization was heard while the

establishment employee was handling a bull in

the knock box. A shot from the captive bolt gun

was heard and the animal was still standing in the

knock box. stopped performing

post-mortem inspection duties and went to

further investigate at the knock box. The initial

observation at the knock box was a fully conscious

standing bull in the head restraint with a hole that

appeared a little high up on the head. The

establishment employee was already in the

process of applying a second corrective action

shot which immediately rendered the bull

unconscious as it collapsed to the floor. Two holes

were verified in the head prior to releasing the

animal from the head restraint; the first hole

appeared to be high and to the left of midline on

the forehead with placement of the shot likely the

reason for being ineffective. At this time 

notified )

of the ineffective stun with observations of two

distinct holes, and informed him of the

forthcoming NR. Shortly after, Don Vander Boon

(Owner) was on the slaughter floor and 

 showed him the respective head (House

Tag 59) at the head inspection rail which clearly

showed the initial shot's hole was high and to the

left on the forehead. The requirements of 9CFR

313.15(a)(1) were not met. These requirements

were previously not met following an ineffective

stun that occurred on March 29, 2018 and the

incident was documented on NR

TMB1609034629N/1.

CLOSED

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 215

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10038+P

10038+V10

038

Scotts

Hook &

Cleaver Inc.

RSH100

701041

8N-1

01/18/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY III—WATER AND FEED

AVAILABILITY At approximately 0705 hour on

1/18/2018 while verifying availability of drinking

water to livestock on the premises, I found

Humane Slaughter of Livestock Handling

noncompliance.  Pens 9 and 10, in the livestock

holding area, share a covered, communicating

automated hog watering trough.  There is a

separate lid in each pen which the hogs can lift in

order to drink water from the trough.  Since there

were 6 hogs held overnight in pens 9 and 8 hogs

held overnight in pen 10, I lifted the lid on the hog

watering trough in each pen to verify these hogs

had access to water.  When I lifted the lid in pen

9, I found a very small amount (approximately 1

cup) of water in the bottom of the pen 9 side of

the water trough.  When I lifted the lid in pen 10, I

found the pen 10 side of the water trough damp

with no visible drinking water.  The small amount

of water on the pen 9 side of the trough was not

accessible to the hogs in pen 10.  This finding

illustrates noncompliance with 9 CFR 313.2 (e),

because the livestock in holding pen 10 did not

have access to water. I notified that

the above finding would be documented on a

noncompliance record, as soon as I discovered it. 

In response, immediately dumped two five

gallon pails of water in the water trough between

pens 9 and 10.  Upon receiving access to water,

three hogs in pen 10 immediately began to drink.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 216

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10114+P

10114+V10

114

C. Roy, Inc. FEI2707

010712

N-1

01/11/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III - Water and Feed Availability 

At approximately 0715 hours, on January 11,

2018, the following noncompliances were

observed by while walking in

the barn performing Ante-Mortem inspection. I

noticed that no water was provided to pen

number three, four, five, and six. There were 2

hogs in pen number three with no water available,

pen number four there were 2 lambs with no

water available, pen number five 10 hogs were

observed with no water available and without

sufficient room for the animals to  lie down, and 

pen number six 2 hogs were observed with no

water available or container. All of the above

mentioned pens contained containers with no

water available except the animals in pen number

six were observed without a container and no

water available.  Pen number one and two were

observed with water availability.  There were 7

beef in pen one and 4 beef in pen two. While I

was in the barn a plant employee immediately

provided water to all of the above mentioned

pens therefore no US rejected tag was used. This

noncompliance is in violation of 9 CFR 313.2(e).

Jen Lossing (Plant Manager) was notified that a

noncompliance report will be issued. There have

been no similar NRs issued in the past 90 days.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 217

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10147+P

10147+V10

147

Countryside

Quality Meats,

L.L.C.

PVG490

703482

8N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(iii)

CATEGORY VIII—STUNNING EFFECTIVENESS At

approximately 1445 hour on 3/27/2018, while

performing a routine livestock humane handling

verification task, I observed Humane Slaughter,

Mechanical; Gunshot stunning noncompliance.  I

observed establishment personnel bring a large

sow into the cattle restraint box for stunning. 

Because the sow would not move into the

restraint box walking forward, establishment

personnel backed the sow into the restraint box. 

An employee then proceeded with attempting to

stun the sow using a 0.22 caliber magnum rifle

containing a 1875 feet /second hollow point

bullet.  However, the position of the sow in the

restraint box, did not allow the firearm operator a

shot angle perpendicular to the plane of the skull

forehead and also parallel with the axis of the

spine.  While I waited in a safe place for the sow

to be stunned, I heard a shot from the

firearm.  Immediately afterword, the

sow vocalized with a prolonged squeal that

sounded like the sow was in pain.  In addition, I

heard some rustling noises that sounded like the

sow was moving around in the restraint

box.  Without delay, and before I has an

opportunity to visualize what had happened, as

second shot was fired from the firearm.  I then

observed the sow lying on the slaughter room

floor, unconscious.  Next, establishment personnel

bled out the sow without the sow returning to

consciousness.  After establishment personnel

were done dressing the sow, I observed two

projectile holes in the sow’s skull.  Both holes

were in the center of the sow’s forehead, about 1

inch above a line drawn between the eyes.  A

bullet was lodged in the first hole and the hole

clearly did not extend to the depth of the brain. 

The second hole appeared to have fully

penetrated the skull through the brain case to the

depth of the brain.  This finding illustrate

noncompliance with 9 CFR 313.16 (a) (1), because

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 218

EstNbr EstName NR# Date Task TaskName Regs Description Status

immediate unconsciousness was not produced in

the sow with a single shot from the firearm. 

 Further, the sow was not rendered unconscious

with a minimum of excitement and discomfort. 

This finding also illustrates noncompliance with 9

CFR 313.16 (b) (1) (iii) because the design of the

stunning area did not allow the firearm operator

to locate the stunning blow with a high degree of

accuracy. I notified that the

above finding would be documented on a

noncompliance record around 1515 hour, as soon

as I had a complete understanding of the events

that transpired.   No regulatory action was taken

in response to this finding because establishment

personnel took immediate action to ensure the

sow was rendered unconscious before proceeding

with shackling and hoisting the sow and because

the sow was the last animal slaughtered for the

day.

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 219

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10176+P

10176

Jones

Butchering and

Meat

Processing, LLC

ZMF02

080138

18N-1

01/18/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On January 18, 2018 

(I) was observing knocking (HATS Category VIII)

during slaughter operations at Jones Butchering

(M10176).  The establishment utilizes a chute that

does not provide any means of head restraint. An

establishment employee attempted to stun a beef

steer at approximately 0740 with a handheld

captive bolt gun. The first attempt at stunning

resulted in discharge of the captive bolt gun and

penetration of the skull but the animal remained

conscious and standing. The plant employee

immediately reloaded the captive bolt gun and

rendered the animal unconscious with his second

attempt. Examination of the skinned beef head

showed two adjacent points of entry on the front

of the skull and a steel was used to track the

penetration angles. Both holes were located

appropriately but the hole from the first shot had

an angle that tracked laterally.  Plant owner, Karl

Jones, was notified of the noncompliance. 9 CFR

313.15(a)(1) states "the captive bolt stunners shall

be applied to the livestock in accordance with this

section so as to produce immediate

unconsciousness in the animals”

CLOSED

M10176+P

10176

Jones

Butchering and

Meat

Processing, LLC

ZMF01

080145

19N-1

01/19/2018 04C02 Livestock

Humane

Handling

313.2 This afternoon at approx. 15:15 while observing

the live animals on premises, it was observed that

even though a means to supply water to all pens

and live animals was available, no water was

provided at this time. All bowls/buckets etc. in all

pens had no water available in them for the

livestock. was advised of IPP’s findings.

 had another employee take immediate

action supplying water to all livestock on

premises. At the time of this observation,

approx. 6 beef and 4 lamb were on premises.

None of the livestock present seemed to be in any

distress and appeared relaxed/comfortable as well

as protected from the weather elements on this

day.   The aforementioned is noncompliant with

9 CFR 313.2(e) for not having water available to

livestock at all times.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 220

EstNbr EstName NR# Date Task TaskName Regs Description Status

M10195+P

10195

Bernthal

Packing Inc.

TJO371

102542

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

Category VIII – Stunning Effectiveness At

approximately 1030 hours on February 28, 2018,

the following noncompliance was observed by 

 at Bernthal Packing. The electrical

prongs were placed behind each ear of a market

swine and electricity was applied. The swine did

not vocalize and the animal stiffened and began to

drop to the floor.  While the animal was still

dropping to the floor the prongs lost the direct

contact with the head, but the establishment

employee still kept the prongs in close proximity

with the swine (following the swine down as it

was falling to the floor). When the prongs came in

direct contact again with the swine, the swine

loudly vocalized. The establishment employee

continued the direct contact with the prongs as

the swine completely fell to the floor and the

animal was rendered unconscious.  This second

stunning application was immediate and effective

in rendering the swine unconscious.  US Rejected

Tag # B21416689 was applied to the knock box, in

order to discuss what had been observed with the

stunner and establishment owner.  The rejected

tag was removed shortly thereafter due to the

effective corrective actions taken by the

establishment employee after the vocalization. 

The above noncompliance is in violation of 9 CFR

313.30(a)(1)(3).  Mr. Phil Bernthal (Owner) was

notified of this observation and told that a

noncompliance report would be issued.  There

have been no recent similar noncompliances.

CLOSED

M10226 DeVries Meats

Inc.

HJB250

904420

6N-1

04/05/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 06:15, on Thursday April

5, while performing ante mortem inspection in

the barn I found that the water lines to all

pens were shut off and no water was available to

the animals. This is in violation of 313.2 (e) which

states that animals shall have access to water in

all holding pens. The employee in the barn was

notified and the water was turned on.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 221

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20594+P

20594

Tooele Valley

Meat

REG291

303051

2N-1

03/12/2018 04C02 Livestock

Humane

Handling

313.1 On March 12, 2018 at approximately 1030 hours

at Tooele Valley Meats (M20594),

nd observed the

following noncompliance. An alleyway in the

establishment corral has metal siding exposed

along the east side of the alleyway leading up to

the knock box, the siding has sharp edges showing

which could cause harm or discomfort to the

livestock. Establishment owner Eddie Roberts was

shown the noncompliance and informed a U.S.

rejected tag number B42069022 was placed on

the knock box. Eddie was informed that there will

not be any slaughter procedures till the

noncompliance is corrected. The Establishment

failed to comply with 9CFR  313.1.  After

reviewing the establishments plant history no

noncompliance can be associated at this time.

CLOSED

M20608+P

20608

The Pork

Company

KVC441

303400

2N-1

03/02/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 1:30pm while performing

ante-mortem inspection in the barn, the following

noncompliance was observed: While inspecting

pigs that had been presented for ante-mortem, I

noticed a pig in a pen that had 6 tattoo ink marks

across its back. There was a barn employee

walking with me and I pointed the pig out to him.

He also counted 6 tattoo ink marks on the pig. I

asked him who had been tattooing the pigs and

he gave me the name of the employee and stated

that he had been the only person tattooing the

pigs all day. I then got the barn supervisor and

showed him the pig. I informed him that the pigs

are only to be tattooed once and that I would be

documenting a noncompliance for inhumane

handling of that pig. He then stated he would be

talking to that employee. The plant's failure to

ensure that pigs are handled humanely has led to

noncompliance with 9 CFR 313.2.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 222

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20608+P

20608

The Pork

Company

KVC240

705571

6N-1

05/16/2018 04C02 Livestock

Humane

Handling

313.2,

313.30 (a)(2)

At approximately 8:03am while performing the

humane handling task, the following

noncompliance was observed: I was at the drive

chute that leads to the stunner and I was

observing how the pigs were being handled as

they were driven to the stunner. There were two

employees moving the pigs through the chute.

One employee was at the front of the chute

moving the pigs into the v-restrainer and the other

employee was at the back of the chute moving

pigs as they entered from the barn. As I was

watching the pigs move, the employee operating

the stunner motioned for them to stop moving

the pigs. The employee at the front of the chute

stopped but the employee at the back of the

chute continued to move pigs into the chute from

the barn. The employee at the front of the shoot

walked to the employee at the back of the chute

and told him to stop moving pigs in. He then

stopped and all three employees left the area to

tend to another matter. I looked over the pigs that

had been left in the chute and saw that two sets

of pigs were wedged side by side. One of the pigs

vocalized as the pig next to it tried to move

forward. It then stopped trying to move. There

were too many pigs in the chute and no room for

any of the pigs to move forwards or backwards. I

immediately went to find a supervisor and saw 

, who was walking

towards the kill area. I told her what I saw as we

walked to the chute and she called for 

. Ever had just got to the kill

area and came up to the chute. When he saw the

pigs wedged together he started the line back up

allowing two pigs to move into the v-restrainer.

This made room in the chute and he along with

one of the employees were able to move the pigs

apart. The plant’s failure to ensure that pigs are

handled and moved with a minimum of

discomfort has led to noncompliance with 9 CFR

313.2 and 313.30(a)(2).

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 223

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21572+P

21572+V21

572

Robert Winner

Sons, Inc.

ELD490

703132

3N-1

03/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Humane Handling HATS activity Category 8,

Stunning Effectiveness. At approximately 0740

hours, during the humane handling verification

observation, and

observed the following noncompliance.

We observed attempted

to stun a Bull in the forehead via captive bolt. The

first attempt, missed the bull’s

moving head and the captive bolt went into the

bull’s head off center not rendering the bull

unconscious and bull remained standing with no

vocalization, immediately grabbed

the second loaded captive bolt gun that was right

beside him and proceeded to render the bull

unconscious with the second attempt with a

forehead shot. Due to the immediate preventive

measure, the knock box was not rejected. 

was informed of the noncompliance.   

This represents a noncompliance with 9 CFR

313.15(a) (1) the animals shall be stunned in such

a manner that they will be rendered unconscious

with a minimum of excitement and discomfort.

CLOSED

M19549A Elkhorn Valley

Packing LLC

KEE391

502261

2N-1

02/12/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(3)

At approximately 1530 today while observing

cattle being knocked, I observed 

deliver an ineffective knock to a cow. He

immediately grabbed a second gun from it's

holder on the wall nearby and delivered a second

knock that rendered the animal unconscious. He

then administered a safety knock to ensure the

cow did not regain consciousness. I tagged the

knocking box and told them to cease knocking

until I could contact the district DVMS. I called 

 and we discussed the events and agreed

that an NR was needed. After this conversation I

discussed this with Jeff Venn, plant manager, and

told him of the NR. We discussed what I had seen

and I told him that the sound from the guns

sounded muted and I wondered if the blanks may

have gotten damp. I removed my tag and they

resumed knocking.

CLOSED

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

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

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 224

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21595+P

21595

Mayar's Halal

Meat

Processing

KPD401

605130

9N-1

05/09/2018 04C02 Livestock

Humane

Handling

313.2 On 05/09/2018, at approximately 1030 hours,

while performing Antemortem at the sheep pens, I

observed the following noncompliance I

observed 2 mature sheep penned up in an

outdoor and uncovered corridor without access to

water.  The corridor is a long walkway that has

access to 3 waterers along its entire length but is

capable of being partitioned into smaller sections

using gates.  The 2 sheep had been separated

from the rest of the sheep on either side by the

use of these gates and in that particular section of

corridor, there was no water access.  At the time

of my observation, there were no employees

present. I immediately informed of

my observations and he proceeded to open the

gate allowing the sheep to move freely to the

other section of the corridor which contained a

functioning waterer.  After being released I

observed that the 2 sheep did not immediately

partake of the available water which lead to the

conclusion that they had not been separated from

water access for an extended period of time.  The

ambient temperature was approximately 75

degrees Fahrenheit.  I reminded that

animals are to have access to water at all times

and that a noncompliance record would be

documented.  My findings indicate a

noncompliance to the regulatory requirements of

9CFR 313.2(e)

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 225

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21595+P

21595

Mayar's Halal

Meat

Processing

KPD411

705061

0N-1

05/10/2018 04C02 Livestock

Humane

Handling

313.2 On 05/10/2018, at approximately 1423 hours,

while performing Antemortem at the sheep pen

area, I observed the following noncompliance I

observed a corridor of approximately 29 lambs

staged for slaughter with access to a single

automatic waterer which was completely dry. 

This particular waterer also serviced the adjacent

pen which contained an additional 14 lambs. 

 There was no access to any other water sources. 

At the time of my observation, there were no

employees present. I immediately informed 

 of my observations and

he proceeded to instruct an employee to repair

the waterer which had recently malfunctioned

due to a sticking float device. Immediately the

water began filling the waterer at approximately

1426 hours. Immediately after the waterer was

filled, 2 lambs in the adjacent pen walked to the

waterer to drink.  The rest of the lambs appeared

alert and seemed uninterested in the water at the

time of my observation. The ambient temperature

was approximately 72 degrees Fahrenheit.  I

informed that animals are to have

access to water at all times and that a

noncompliance record would be documented.  

My findings indicate a noncompliance to the

regulatory requirements of 9CFR 310.2(e)

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 226

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21780+P

21780+V21

780

Burt's

Meat &

Poultry

QTD211

103322

9N-1

03/29/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 0855 while performing a

Humane Handling Verification Task to verify HATS

Category VIII (stunning effectiveness); I observed

the following noncompliance during the stunning

of a bovine.  A Holstein steer was restrained in the

knocking box via the head restraint. Mr. Kermit

Burt (Plant manager) attempted a forehead stun

with a firearm. The first stun was ineffective as the

beef remained conscious in a standing position,

no vocalization was heard.  An immediate second

stun attempt was effective, rendering the beef

unconcious. I took a regulatory control action by

applying U.S. Retained tag NO.B38037217 to the

knocking box. After skinning the forehead portion

of the skull 2 holes approximately 1 inch apart

were observed. I discussed with Mr. Burt the

noncompliance and informed him that I would be

documenting this on a Noncompliance Record. 

After verbally receiving corrective actions and

preventative measures from Mr. Burt I removed

the regulatory control action, slaughter operations

resumed. The establishment is noncompliant with

the regulatory requirements set out in 9 CFR

313.16(a)(1).

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 227

EstNbr EstName NR# Date Task TaskName Regs Description Status

M21898+V

21898

Farmers Union

Industries, LLC

OXG25

100249

14N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 At 0657 while performing HATS Category IV

(antemortem) at establishment M21898, I 

) observed the following

noncompliance: A hog was found to be stuck, at

its right hip, under the south side waterer of pen

11.  It was vocalizing and flailing around trying to

get out from under it.  The hog handler assisting

with 100% in motion inspection within pen 11

had to free the hog from under the waterer.  The

hog then walked away from the waterer normally,

leaving a linear indent approximately 8 inches in

length along its right side.  I soon after examined

the waterer in question, as well as did

establishment maintenance, and concluded there

were no sharp edges along the lip.  I did not

consider the remaining hogs at risk and therefore

did not take a regulatory control action on pen

11.  Operations were allowed to continue as

normal.  was first

notified, and later also 

 of my issuing a noncompliance

report. This is noncompliant with 9CFR313.1(a)

where pens shall be free of protruding

objects which may cause injury or pain to animals

and 313.2(a) where

animals shall maintain minimal excitement

and discomfort when driven from holding pen to

the stunning area.

CLOSED

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

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 229

EstNbr EstName NR# Date Task TaskName Regs Description Status

M27300 LRN

Processors, Inc.

MXN23

090450

06N-1

04/06/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(ii)

On April 4, 2018, at approximately 1510 hours

while performing HATs VIII Stunning Effectiveness

at the holding pens, the following noncompliance

was observed. At the time of my observation,

there were several bob veal calves that appeared

non ambulatory therefore the plant employee

walked to the knocking area and summons the

person knocking the bob veal to the holding pens.

The employee grabbed the portable captive bolt

stunner gun and attempted to stun the first calf.

The captive bolt gun misfired, and the bolt did not

come out of the gun (clicking sound). He fired two

more times and again, the bolt did not come out

of the gun. After three fires where the captive bolt

malfunctioned, the captive bolt stunner properly

fired and the calf was successfully euthanized. 

The calf was not injured during these misfire

events. I immediately called for Victor Vera (Plant

Manager) and informed him of the forthcoming

noncompliance record being documented for this

deviation. The establishment employee returned

approximately thirty minutes later to stun an

additional nonambulatory calf with the same

portable captive bolt gun. Again, the gun misfired,

and on the first and second attempts, the bolt did

not come out of the captive bolt gun. The calf was

stunned effectively on the third firing. The

establishment failed to comply with 9CFR

313.15(b)(ii): Stunning instruments must be

maintained in good repair.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 230

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31559 Rantoul Foods,

LLC

DRJ181

101573

0N-1

01/30/2018 04C02 Livestock

Humane

Handling

313.1 On January 30, 2018, at approximately 0745

hours, while I was in the establishment barn

performing a Humane Handling Task, I observed

the following noncompliance. In the empty

holding pen No. 22, I observed that the interior

side of the entrance gate had a loose metal panel

due to the welding coming apart. The loose

paneling exposed the sharp edges of the welding.

The sharp edge in question was approximately 15

inches from the top of the gate and 3 feet, 7

inches from the left interior side of the gate. I

immediately notified one of the barn employees

to get the barn supervisor. The supervisor was

absent for the day, but 

 came in his place. I informed of

the noncompliance and told him an NR would be

written. I attached two US Rejected/Retained tags

to pen No. 22. One U.S. Rejected/Retained tag No.

B42106534 was applied to the entrance gate of

the pen and the other tag No.B42106537 was

applied to the exit gate. immediately

informed ) about

the disrepair of the gate observed

the gate and informed me that as soon as it had

been repaired that he would let me know. I also

informed 

and ) of

the noncompliance and that an NR would be

written. At approximately 0855 hours, the barn

office called the USDA office, and asked me to

inspect pen No. 22. I checked the re-welded gate

and confirmed the sharp edges were gone. I then

removed both of the U.S. Rejected/Retained tags

and told the barn they could now use holding pen 

No. 22. The establishment was in noncompliance

with 9 CFR 313.1(a).

CLOSED

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

(b) (6)

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 231

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31559 Rantoul Foods,

LLC

DRJ220

704583

0N-1

04/30/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III-Water and Feed Availability On

April 30th, 2018, at approximately 0600 hours,

while was performing

ante-mortem inspection he observed that there

was no water coming from the waterers in the

barn. He informed me, that he

believed there was no water available to the hogs

and I immediately went to the barn and

confirmed his observation. I tested 4 waterers in

the front alleyway holding pens and observed that

no water was available from any of the spouts.

Spouts in all other pens were observed to not

be dripping water. The hogs were not observed to

be crowded around the waterers or showing signs

of stress. I asked to not sign any

pen cards or finish performing ante-mortem until

we addressed the issue, as the establishment had

not yet begun production.  I immediately notified

the , of the

non-compliance and asked for the barn

supervisor. notified me that the barn

supervisor was absent for the week and that he

would address the issue. He immediately got the

main water turned back on, and I observed

overhead sprinklers turn on, as well as tested 2 of

the waterers which were observed to be working.

There was also a large leak observed near the barn

office that started when the water was turned

back on.  then informed maintenance

of the issue, and they came to address it. At

approximately 0610 hours, I informed 

 that he could finish performing

ante-mortem so that the establishment could

start production. could not tell me

how long the water had been turned off, but

informed me that it was likely turned off on 3rd

shift because of the large leak near the office that

was observed when the water was turned back

on.  I also informed 

 of the noncompliance and

that an NR would be documented. The

CLOSED

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

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 232

EstNbr EstName NR# Date Task TaskName Regs Description Status

establishment was in noncompliance with 9CFR

313.2(e).

M21265+P

21265+V21

265

Smucker's

Meats

RYI1013

054603

N-1

05/03/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water and Feed Availability 

On May 3, 2018 at approximately 1000 hours the

following Humane Handling noncompliance was

observed. While performing a HAT procedure in

the live pen area, it was observed that 6 cattle

were in the middle alley and did not have access

to water. I checked the anti-mortem paper and

noticed that the cattle in question had been

delivered and received anti-mortem inspection at

0729 hours. These cattle did not have access to

water for approximately 2 1/2 hours. No

Regulatory Control Action was taken because 

 was immediately notified and he

moved the cattle up into the stun chute so they

were next in line to be slaughtered. The plant is

noncompliant with 9CFR 313.2(e).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 233

EstNbr EstName NR# Date Task TaskName Regs Description Status

M18988A+

P18988A+

V18988A

Ebels Family

Center, Inc.

BXK501

403240

9N-1

03/08/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III: Feed and Water Availability At

approximately 1440 on Thursday 03/08/2018

during ante-mortem inspection, the following

humane handling noncompliant condition was

observed: A group of hogs, approximately 15

animals, were contained in an area of the barn

without access to water. The area where the

animals were held is not an area normally used as

a pen. The hogs were penned near the rear animal

unloading door with the gates leading into the

actual holding pens chained shut; therefore not

allowing the animals to reach any of the watering

systems that the establishment uses. The hogs

had been unloaded from the company trailer even

though all the holding pens were full. The

establishment employee who had unloaded the

hogs had turned on a water valve to spray on the

floor approximately six feet from where the hogs

were located presumably to give the hogs water;

however the water was not reaching the hogs at

all. The pen card associated with the group of

hogs (27 animals, split between two areas of the

barn) had the time of establishment inspection as

1240, meaning the hogs had been penned

without water for approximately two hours. After

the hogs were observed without water, they were

moved into one of the pens that had been

emptied, giving them access to water. The barn

employees as well as the kill floor supervisor were

informed that a noncompliance record would be

issued. The above condition is a violation of 9

CFR 313.2(e) which states that animals must have

access to water in all holding pens. No similar

noncompliant conditions have been observed in

the past ninety days. Continued failure to meet

regulatory requirements may result in

enforcement actions as described in 9 CFR 500.4.

OPEN
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 234

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31865+P

31865+V31

865

Paradise

Locker Meats

NNI291

104070

9N-1

04/06/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) 313.15(a) (1) Noncompliance Description. On

04/6/2018 at 1300 hours at Est. 31865, I 

 conducted the monthly

verification of the robust systematic approach to

humane handling task.  During my assessment I

observed noncompliance with HATS Category VIII

for stunning effectiveness. I observed the

, render a

captive bolt stun to the Jersey cow restrained in

the knocking box and it was ineffective in

delivering immediate unconsciousness to the

animal.  I observed the animal remain standing in

the knock box and blinking her eyes normally with

a small amount of blood present on her forehead.

A second captive bolt stun was immediately

applied and produced immediate

unconsciousness. I immediately took verbal

regulatory control by informing the slaughter

manager the noncompliance had occurred for

ineffective stunning on the first attempt and a

noncompliance would be issued.  I discussed with

 that a NR would

be written due to noncompliance with 9 CFR

313.15(a) (1): “ The captive bolt stunners shall be

applied to the livestock in accordance with this

section so as to produce immediate

unconsciousness in the animals before they are

shackled, hoisted, thrown, cast, or cut.  The

animals shall be stunned in such a manner that

they will be rendered unconscious with a

minimum of excitement and discomfort.”

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 235

EstNbr EstName NR# Date Task TaskName Regs Description Status

M32158+P

32158+V32

158

The Royal

Butcher LLC

BXF161

402232

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII: Stunning Effectiveness 9 CFR

313.16 (a)(1) On February 28, 2018 at

approximately 8:50 am, while observing stunning

as part of a routine HATS Task IPP observed the

following non-compliance: A big Beef Bull was

properly restrained in the stunning area. The

employee used the rifle 410 to stun, and the first

stunning attempt failed. The animal fell to the

floor, but showed multiple signs of consciousness,

including spontaneous blinking, visual tracking

(eyes moving side to side), and rhythmic

breathing. The establishment employee

immediately took corrective actions with a second

stun. The second stun was effective with no signs

of consciousness observed thereafter.  The

establishment owner Mr. Royal Larocque was

notified verbally and writing of this

noncompliance.  This fails to meet the regulatory

requirement for 9 CFR 313.16(a)(1) . If you want

to appeal this noncompliance; please do so in

accordance with 9 CFR 306.5.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 236

EstNbr EstName NR# Date Task TaskName Regs Description Status

M32158+P

32158+V32

158

The Royal

Butcher LLC

BXF101

405230

9N-1

05/08/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS Category VIII: Stunning Effectiveness 9 CFR

313.16 (a)(1) On May 08th, 2018 at

approximately 11:45 am, while observing

stunning as part of a routine HATS Task IPP

observed the following non-compliance: A calf

was properly restrained in the stunning area. One

of the employees that usually does not slaughter

stun used the captive bolt to stun, and the first

stunning attempt failed. The animal showed

multiple signs of consciousness, was standing on

four legs, visual tracking (eyes moving side to

side), vocalizing, and rhythmic breathing. The

establishment employee immediately took

corrective actions with a second stun. The second

stun was effective with no signs of consciousness

observed thereafter.  The previously corrective

action was ineffective or not implemented. This

non-compliance is linked to

NR # BXF1614022328N on 2/28/2018 for the

same root cause. The establishment owner Mr.

Royal Larocque was notified verbally and writing

of this noncompliance.  This fails to meet the

regulatory requirement for 9 CFR 313.16(a)(1) . If

you want to appeal this noncompliance; please do

so in accordance with 9 CFR 306.5.

OPEN

M33843+P

33843

Center Road

Enterprises

ZIG150

602032

7N-1

02/27/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category 2 Truck Unloading (9 CFR 313.2

Handling of livestock). At approximately 0652 on

 2/27/18 ICC Devendorf observed a trailer of 

market hogs being unloaded and brought into pen

2 for presentation by plant employees, at that

time 1 hog managed to escape from the loading

area between the gate and the trailer. It became

very excited and ran up the back hill behind the

establishment. Plant employees were able to

corral and catch the swine and lead the animal

back to the pens at approximately 0700 without

further incidence.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 237

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31965+V

31965

Triumph Foods NMO15

220347

19N-1

03/19/2018 04C02 Livestock

Humane

Handling

313.2 On 03/19/2018 at approximately 2000 hours

while performing humane handling inspection

under HATS Category IV-Antemortem Inspection,

 the following noncompliance was observed. A

skid steer loader was being used in the west load

ally to move a nonambulatory hog.  The hog fell

or jumped from the bucket.  The skid steer bucket

failed to keep the animal controlled.  The

operator then got out of the skid steer to attempt

to move the hog into the bucket. I requested that

establishment supervision come to area

immediately.  I took regulatory control

by instructing  the operator to stop attempting to

load the hog.  and 

 came to the area and

were notified of my observations. The hog was in

sternal recumbancy and gasping slowly with its

mouth open.  It was agreed that the hog would be

euthanized.  A captive bolt device was used to

euthanize the hog, rendering the animal insensible

with a single blow.  Regulatory control of the area

was released by verbally informing . 

The establishment failed to meet the

requirements of 313.2(d)(3).   In this case, the use

of the skid steer loader did not result in humane

handling of the nonambulatory hog. 

was notified that these findings would

be documented in a noncompliance record.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 238

EstNbr EstName NR# Date Task TaskName Regs Description Status

M33916+P

33916

Loris Cold

Storage and

Retail

BZI0108

043006

N-1

04/06/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV-“Handling during Ante-Mortem

Inspection”: Pens, floors, and driveway, including

entrances and exits are to be maintained in good

repair (9CFR 313.1). On April 6, 2018 at 9:17

A.M. I observed at the entrance gate #5 at the

middle of the gate some metal wire was broken

on the gate with some sharp points that could

injure the livestock also on entrance gate # 7

bottom right side metal wire broken that could

also injure livestock. I immediately contacted Mr.

Tim Rogers: Plant Manager, told him of the

noncompliance. He said he would start at once on

repairing the gates. 9CFR 313.1 States: Livestock

pens, driveways, and ramps shall be maintained in

good repair. They shall be free from sharp or

protruding objects which may, in the opinion of

the inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be repaired.

The Establishment is currently responding to the

noncompliance and is taking immediate corrective

action to bring the subject pens back into good

repair. No animals were injured due to this

noncompliance.

CLOSED

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 240

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34056+P

34056+V34

056

Olsen Farms

Meats LLC

XIC011

401022

4N-1

01/22/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(b)(1)

(i)

Hats Category VIII: Stunning Effectiveness 9 CFR

313.15 US Rejected Tag # B 38177009 Product

Affected – None On January 22, 2018 at

approximately 0900 hours, I, 

observed a humane handling incident at Est.

34056 Olsen Farm Meats. The 

, (using all adequate restraints),

loaded the first market hog of the day into a

squeeze panel located inside the knocking chute

at 0850 hours.  At 0900 hours shot

the market hog using a 6 round revolver .327

caliber pistol at a distance of about 12 inches

from the hogs head.  The market hog remained

standing and looked at the shooter and grunted. 

Immediately, (within 10 seconds), 

shot the .327 caliber revolver pistol again at the

market hog at a distance of 12 inches from the

hog’s head.  Again, the market hog remained

standing, looked at the shooter and grunted.  At

0901 hours turned to his assistant

who was holding a readied/loaded 6 round

revolver .357 caliber pistol, aimed the

pistol and shot the market hog with the 357

caliber pistol.  The hog dropped and was

immediately observed to be insensible and quiet. 

I took immediate Regulatory Control Action and

tagged the knocking box with US Retain tag #B

38177009 and called 

 and 

for advisement. Upon inspecting the market hog

head I found all 3 bullet entry holes were in the

same 1 large hole at the target center of the hog’s

head. The firm performed the following

corrective actions for the humane handling event

today.  Olsen Farm Meats used the .357 caliber

revolver pistol for the rest of the day.  Owner Mrs.

 Kira Olsen stated she would place an order for an

electrical stunning unit today for further hog kills.

CLOSED

(b) (6)

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 241

EstNbr EstName NR# Date Task TaskName Regs Description Status

M33927+V

33927

Nelson's Meat

Processing, LLC

BUX240

803422

8N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) While performing slaughter inspection  and

verification of HATS category VIII-stunning

effectiveness at the kill floor at 1500 HRS on

3/27/18, I , observed the following

Humane Handling non-compliance. 

was stunning a roaster hog using the

captive bolt stunned the animal one

time. After approximately four seconds the animal

started vocalizing and recovering

consciousness. The second employee at the 

, was ready with the 22 caliber

rifle and shot the animal  immediately a second

time. The rifle shot was effective and the animal

was rendered completely unconscious.   I

proceeded and applied US Rejected Tag # B16

874680 to the knock box and notified 

   CFR313.15(a)(1) States, " The captive

bolt stunners shall be applied to the livestock in

accordance with this section so as to produce

immediate unconsciousness in the animals before

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

The animal shall be stunned in such a manner that

they will be rendered unconscious with a

minimum of excitement and discomfort."   The

establishment failed to meet the regulation stated

above.   This is a recurrence of a similar

non-compliance. See NR #BUX3307032228N.

OPEN

(b) (6)

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 242

EstNbr EstName NR# Date Task TaskName Regs Description Status

M33927+V

33927

Nelson's Meat

Processing, LLC

BUX330

703222

8N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) While performing slaughter inspection at the kill

floor and verifying HATS category VIII-stunning

effectiveness at 1410 HRS on 3/27/18, I 

observed the following Humane Handling

non-compliance.   was stunning a

roaster hog using a captive bolt.  

 stunned the animal one time.  After

approximately four seconds the animal started

vocalizing and recovering consciousness. The

second employee at the  ran

to the table, recharged the captive bolt, handled

the captive bolt to and 

stunned the animal a second time. The second

stun was effective and the animal was

rendered completely unconscious.  I proceeded

and applied US Rejected Tag # B  16 874680 to

the knock box and notified .   The

US Rejected Tag was removed at 1450 HRS after

the establishment came with the corrective

action, to have a 22 caliber rifle as a back- up. If

needed, will be ready and available to do a second

shot immediately by the second employee on the

kill floor.   CFR313.15(a)(1) States, " The captive

bolt stunners shall be applied to the livestock in

accordance with this section so as to produce

immediate unconsciousness in the animals before

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

The animal shall be stunned in such a manner that

they will be rendered unconscious with a

minimum of excitement and discomfort."   The

establishment failed to meet the regulation stated

above.   This is a recurrence of a similar

non-compliance. See NR #BUX5212033527N.

OPEN

(b) (6)

(b) (6)

(b) (6)

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 243

EstNbr EstName NR# Date Task TaskName Regs Description Status

M33927+V

33927

Nelson's Meat

Processing, LLC

BUX521

203352

7N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

On March 27th,2018 at approximately 1325

while observing slaughter operations and verifying

HATS category VIII-stunning effectiveness  at

Nelson's meats Est. 33927, the following

noncompliance was observed. As  the 

 activated the captive bolt to stun the

fifth hog of the day, the hog moved it's head

simultaneously and consequently was not

stunned.  This is not compliant with 9 CFR

313.15(b)(1)(iii) which states that the stunning

area is to be designed to limit free movements of

the animal so the blow may be delivered

accurately. When I went over to the knock box to

examine the animal, the  hog remained standing,

and it did not vocalize or show any appearance of

distress. I could not visualize any obvious wound

as the hog was walking around the knock box.

After the captive bolt gun was reloaded, the

second shot  resulted in a properly stunned hog.

 However, due to the necessity of the second shot,

this is not compliant with 9 CFR 313.15(a)(1)

which states that the captive bolt shall be applied

in accordance with this section  so as to produce

immediate unconsciousness. Once the animal was

hoisted,  I observed the head and saw a burn mark

behind the left ear as well as what appeared to be

a superficial flesh wound approximately 1/4 inch

in size behind the left ear that did not appear to

be bleeding at the time.  I immediately informed

 of the noncompliance.

OPEN

(b) (6)

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 245

EstNbr EstName NR# Date Task TaskName Regs Description Status

M20780A Elysian Fields,

LLC

VYA051

103330

7N-1

03/07/2018 04C02 Livestock

Humane

Handling

313.1 March 07, 2018, at approximately 1150 hours

while checking HATS category I (Inclement

Weather), I observed the following noncompliance

in the holding pen: The wire cage

surrounding one of the water containers is

damaged. Two pieces of wire are protruding up

and out of the top of the cage. Each piece of

wire is approximately 6 inches in length. No

animals were present in the affected holding pen

at the time of this observation. 9 CFR 313.1 (a)

states: Livestock pens, driveways and ramps shall

be maintained in good repair. They shall be free

from sharp or protruding objects which may, in

the opinion of the inspector, cause injury or pain

to the animals. Loose boards, splintered or broken

planking, and unnecessary openings where the

head, feet, or legs of an animal may be injured

shall be repaired. was notified of

the noncompliance.

CLOSED

M34181 Hemingway

Locker &

Refrig.

ZEO451

201133

0N-1

01/23/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category IV – “Handling During

Ante-Mortem Inspection”: Pens, floors, and

driveways, including entrances and exits, are to be

maintained in good repair (9 CFR 313.1). On

January 23, 2018 at approximately 8:45 am, 

and area vet observed

that pen 1 and 5 are in disrepair. The door to the

knock box is door hinges are loose. The animals

were run out of pens and Tag Reject B39258670

and B39258671.  IAW 9 CFR 313.1, Livestock

pens, driveways, and ramps shall be maintained in

good repair.  They shall be free from sharp or

protruding objects which may, in the opinion of

the inspector, cause injury or pain to the animals.

 Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be repaired.

The subject pen will remain “Rejected” for use

until good repairs are made.  

stated that he would repair the pen as soon as

possible.  No animals were injured due to this

noncompliance.

CLOSED

(b) (6)

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 246

EstNbr EstName NR# Date Task TaskName Regs Description Status

P33833+V3

3833

Water Valley

Poultry, LLC

XRG010

901520

4N-1

01/04/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On January 4, 2018 at approximately 0712 the

following Good Commercial Practice

noncompliance was observed by 

  At the entrance to the scald vat the

first live bird was observed entering alive.  There

was no cut to the neck, the bird was blinking, had

pupillary reflexes, was lifting its head, flapping its

wings and breathing rhythmically.  Two additional

live birds entered the scald tank that appeared the

same as the one described above at 0712 and 46

seconds.  A fourth live bird entered the scald tank

with a superficial cut to the left eye only, not

penetrating any vasculature, at 0714 and a fifth

live bird entered with no cut to the neck at 0715. 

There was no back up killer present at the start of

the shift during this time period and no supervisor

present in the area.  At approximately 0716

 was located and asked

to stop hanging due to multiple live birds entering

the scald vat, no back up killer and to come to the

USDA office to discuss corrective actions to regain

process control.  Once getting to the USDA office

the incident was discussed and notification was

given that a GCP noncompliance would be issued. 

Corrective actions were given that two additional

back up killers would be put in place and line

speeds would be reduced.  

was informed that production could resume and

that additional verification checks would be done

as well.  The meeting concluded at approximately

0720.  A verification check was done at

approximately 0726 and no live birds were seen

entering the scald vat at this time. At

approximately 1235 while performing a

verification check, the following was observed at

the entrance to the scald tank.  One light fowl was

seen entering the scald tank with an uplifted

head, pupillary reflexes, rhythmic breathing,

movements and no cut to the neck.  This bird

by-passed the initial back-up killer, which

appeared to not be engaged/monitoring birds

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 247

EstNbr EstName NR# Date Task TaskName Regs Description Status

passing him at the time, the second back-up had

been removed at this point and the final back-up

prior to the scald tank was busy correcting the

numerous birds hung in shackles by one leg and

missed this live bird.  The three back-up killers

were part of the Establishment’s corrective actions

given to USDA earlier in the shift when the initial

GCP noncompliance occurred and live birds were

observed entering the scald tank.  However these

corrective actions were not still being

implemented at the time the additional live bird

was observed entering the scald tank.  

was immediately notified and

informed that further documentation would

occur.  An additional verification was done

immediately.  An additional live bird was removed

from the line by after

by-passing the initial back-up killer prior to

entering the scald tank.  No additional live birds

were seen entering the scald tank. This is a

violation of 9 CFR 381.65(b) which states in part,

“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.”  Live bird(s) entering the scald system

live is a less than Good Commercial Practices and

results in adulterated product. 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.

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 248

EstNbr EstName NR# Date Task TaskName Regs Description Status

P33833+V3

3833

Water Valley

Poultry, LLC

XRG241

101560

5N-1

01/05/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On January 5, 2018 at approximately 0952 the

following Good Commercial Practice

noncompliance was observed by 

  At the entrance to the scald vat

approximately 30 light fowl were observed

entering the scald vat alive.  Some of the birds had

superficial cuts penetrating only the skin, no

vasculature, to the side of the neck, some had

superficial cuts to the comb, some to the back of

the head and three of the birds had no cuts at all. 

All birds were rhythmically breathing, some were

still stunned, and others were alert, with uplifted

heads, looking around, blinking and flapping their

wings.  After the 30th bird entered the scald vat I

left the entrance to the scald vat to find

.  I informed him of my

observations and told him the area was verbally

rejected, to stop hanging and do not resume

production until informed otherwise and that I

was going to go have a meeting with the Plant

Manager Stacey Kesler.  A meeting was held in the

USDA office with the Plant Manager and he was

informed of my observations, that a GCP NR

would be issued and asked for corrective actions. 

Mr. Kesler returned to the USDA office a short

time later and informed me that the kill blade had

been changed (it was extremely dull) and asked if

they could run a 20 bird test sample under direct

observation to determine if this would correct the

issue.  I agreed and went with him to the kill area. 

Upon arrival with Mr. Kesler at 1004 we observed

that production had already resumed without the

area being released.  Mr. Kesler went to live hang

and halted production himself.  Upon return, he

asked if the corrective actions could be that they

hung one bird every three shackles so they could

observe more closely to determine if they were

cut properly.  I agreed and properly released the

area at approximately 1011.  Verification was

immediately done at this time and all birds were

cut properly and no live birds were seen entering

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 249

EstNbr EstName NR# Date Task TaskName Regs Description Status

the scald vat.  Mr. Kesler informed me that the

establishment would not increase the number of

birds hung until he felt like the process could be

properly maintained under control and he could

directly observe that it was done properly.  Mr.

Kesler also said that he would inform USDA prior

to increasing the number of birds that were hung. 

At approximately 1539 verification was done at

the entrance to the scald tank and the following

was observed.  The first live bird entered at 1539

with a superficial cut nicking the skin at the back

of the head, the bird was blinking, had pupillary

reflexes, flapping and looking from side to side. 

Two additional live birds entered the scald vat at

1542 that appeared exactly as the one described

above.  The fourth live bird entered with a nick to

the skin at the side of the neck at 1543 that was

blinking, rhythmically breathing, had pupillary

reflexes, flapping and looking from side to side.  At

this time was again

asked to stop hanging as the establishment had

failed to maintain process control hanging birds in

every shackle.  An additional meeting was held

with Plant Manager Mr. Kesler to inform him of

the observations and to ask for additional

corrective actions prior to resuming operations. 

At 1604 Mr. Kesler returned to the USDA office

and said that he was stopping operations for the

day, would hold a meeting with his employees in

the morning to establish a new action plan. This

is a violation of 9 CFR 381.65(b) which states in

part, “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.”  Live bird(s) entering the scald system

live is a less than Good Commercial Practices and

results in adulterated product. 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,

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 250

EstNbr EstName NR# Date Task TaskName Regs Description Status

discomfort, injury and/or death by means other

than slaughter. Past similar NR

XRG0109015204N dated January 4, 2018 in

which previous preventative measures either were

not implemented or were ineffective.

M34569+V

34569

Ohio Farms

Packing Co.

Ltd.

DTY070

501271

2N-1

01/11/2018 04C02 Livestock

Humane

Handling

313.2 On 1/11/18 at approximately 5:15 am 

was conducting an odd hour inspection for

Humane Handling. Pen 5 had two tubs of water

and two nipple barrels. Neither of the nipple

barrels had water of a sufficient level that could

be accessed by the hoses for the nipples, as they

had less than 1⁄2 inch of water accumulated in the

corner of the barrel that did not come in contact

with a hose. alerted establishment

personnel of the empty barrels in Pen 5 and

requested them to be refilled with water. 

returned to the area approximately 20

minutes later and could see that the nipples

barrels in Pen 5 were now 1⁄4 full of water. 

Accessible water must be made available in a

manner that the particular type of livestock held

are accustomed to or capable of utilizing.

Therefore, this finding of the empty water nipple

barrel represents a non compliance to 9CFR313.2,

HATS category III, which states that water must be

available and accessible to livestock in all holding

pens.

(b) (6)

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 251

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34713+V

34713

Innovative

Foods, LLC

VOL590

803340

1N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.15(a)(3) On 2/28/2018 at approximately 1430 while while

performing the HATS verification task the stunning

procedure  immediate unconscious and remain

unconscious, I ( ) observed the

following noncompliance. The Establishment

employee using a captive bolt instrument stunned

the animal and it went down an appeared to be

rendered unconscious immediately but as the

shackles were being applied the animal started to

vocalize, the animal did not remain unconscious.

The employee immediately stunned the animal a

second time and the second stun was effective in

rendering the animal unconscious and it remained

unconscious throughout the shackling, hoisting,

sticking and bleeding process. I notified 

 that this was a

noncompliance and that an NR would be issued.

CLOSED

M34660 Tran Meat

Corporation

XVC451

005051

6N-1

05/16/2018 04C02 Livestock

Humane

Handling

313.15(a)(3),

313.16(a)(3)

H. Category VIII - Stunning Effectiveness (9 CFR

313.5, 313.15, 313.16, and 313.30): Ineffective

Stun: A stunning attempt that contacts the

animal, but does not render the animal into

unconscious. At 11:00 a.m. on Tuesday,

5/15/2018, during slaughter activity, I observed

the designated plant employee stunning a one

year old bull or steer calf using a rifle., He

completely missed the proper area on the animal

head by one inch which did not render the animal

unconscious. The animal still standing and started

moving his head from side to side. The plant

employee immediately reload the rifle, waiting for

the animal’s head position to be correct then he

applied the  second shot which rendered the

animal unconscious. Your stunning attempt was

not successful on the first attempt which caused

unnecessary excitement and discomfort to the

animal.   You are not in compliance with CFR.

313.16 which requires that Livestock are rendered

unconscious with a single application of a bullet

or projectile. Thank you for your help, if the

above NR. Is acceptable, I will go ahead put it on

the proper format on PHIS.

CLOSED

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 252

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34543 Brewer Meats DFN411

201373

1N-1

01/30/2018 04C02 Livestock

Humane

Handling

313.2 On January 30, 2018 at approximately 0930

hours, while performing HATS category (III)

verifications, observed the

following Humane Handling noncompliance. 

Several holding pens housing animals were found

to be without water. inspected pens

#6 through 15 which are adjacent to the scale and

sorting area. Pens 8, 9, 11, 12, and 13 were found

to have empty water troughs. The 50 gallon

troughs in three of these pens were completely

dry of any moisture while the remaining troughs

showed some moisture on the bottom but no

accessible water. All pens contained lambs, sheep

or goats with numbers ranging from

approximately 10 to 30 head per pen. Most of

these animals would have been housed in the

same pens overnight. On inspection of the barn

connected to this area, observed three

of five pens, containing mostly lambs and sheep,

to have their water troughs turned upside down

with animals standing on top of them. All pens

had feed available. informed Mr.

Donnie Brewer, plant owner, of the

noncompliance and that the establishment failed

to meet the regulatory requirements prescribed in

9 CFR 313.2(e).  Mr. Brewer went to the barn to

discuss the situation with employees. He reported

that the water hose had been left connected to an

outdoor hydrant and had frozen. The employees

had thawed the hydrant but were still attempting

to thaw out the hose itself. Mr. Brewer instructed

employees to transport water via wheelbarrow to

affected pens until such time the water hose was

functional.

CLOSED

(b) (6)(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 253

EstNbr EstName NR# Date Task TaskName Regs Description Status

M31578 Trenton

Processing

Center, Inc.

LKK430

705521

6N-1

05/16/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(b)(1)

(iii)

This morning during slaughter I observed Gary

(Trenton Processing Owner) using a captive bolt

on a lamb to render it unconscious. The first

attempt failed, the lamb was still standing, Gary

then quickly dropped the lamb with a second

shot. A close look at the lamb's skull showed two

holes, one just over the eye and the other in the

center of the top of the forehead.

CLOSED

M39968+P

39968

Donald's Meat

Processing, LLC

PIF4913

034123

N-1

03/23/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 9:35am, 

observed the following Humane Handling

noncompliance: an establishment employee

attempted to stun a sheep using a .25 Magnum

hand-held captive bolt stunning device (HHCB). 

Following the initial stun attempt, the sheep

remained standing, had tracking eye movement,

and had blood dripping down its nose.  The

employee immediately grabbed the backup .22

Magnum rifle and applied an effective stun to the

sheep.  No regulatory action was taken as the

employee opted to use the .22 Magnum rifle for

the remainder of the sheep to be processed.  The

establishment does not have a documented

systematic approach for humane handling.

 was informed of 

findings. The above findings are in noncompliance

with 9CFR 313.15(a)(1)

CLOSED

M39968+P

39968

Donald's Meat

Processing, LLC

PIF4909

042324

N-1

04/24/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.2(f),

313.30(a)(3)

At 10:40am while watching  the stunning of a

large Holstein heifer in the stunning area of the

kill floor, I observed the first stunning attempt was

not fully effective. The animals hind end went

down however her front feet remained upright

and she vocalized and was trying to get up. 

had a back up  weapon available and

immediately applied a second effective shot.

 was notified immediately via text

message and in writing with this non compliance

report. This is a non compliance under 9CFR

313.2(f) , 313.16(a)(1), and 313.30(a)(3)

CLOSED

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 254

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40106 Cherry Meat

Company

JFQ240

901140

2N-1

01/02/2018 04C02 Livestock

Humane

Handling

OPEN

M40041+P

40041

Marksbury

Farm Foods,

LLC

NRW02

120224

14N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On 02/14/2018 at approximately 1100 on the

livestock slaughter floor at Marksbury Farm

Foods, LLC observed an

ineffective stun on a market lamb. After the first

stun the knock box was opened and the lamb was

rolled out onto the slaughter room floor. On the

floor the lamb showed a weak righting reflex,

head raise, and eye tracking.  At this time a

second effective stun was applied. 

notified the 

 of the ineffective stun and tagged the

knock box with U.S. rejected Tag # B28142216.

This is non-compliance with 9 CFR 313.15 (a)(1)

and HATS category #8; first stun must render the

lamb unconscious and insensible to pain.

CLOSED

M40041+P

40041

Marksbury

Farm Foods,

LLC

NRW15

080454

05N-1

04/05/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.15(b)(1)

(iii)

Hats Category 8 - On/04/05/2018 at Marksbury

Farm Foods .LLC M40041. Approximately 815

while on the slaughter floor the following

noncompliance was observed, 

heard a commotion at the knock box and

observed a cow going through the knock box and

onto the slaughter floor. The knock box was

tagged at approximately 845 with U.S Reject tag

B41495587. The plant failed to control, restrain,

and deliver a calm animal to the knocking

environment, and was non-compliant with 9CFR

313.15(a)(2) and  9CFR 313.15(b)(1)(iii). 

and 

 were notified of this noncompliance

CLOSED

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

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 255

EstNbr EstName NR# Date Task TaskName Regs Description Status

P40183 Sanderson

Farms, Inc.

PEH391

405230

3N-1

04/30/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On April 30, 2018, at approximately 1730 hours in

the Live Hang room, I observed approximately 5

piles of dead birds. Upon further investigation, I

counted about 95 dead birds in the pile of dead

bird located next to the door leading to the

Picking Room.  There were 4 other piles of birds,

similar in size and dimensions as the pile of 95

dead birds.  The dead birds in the aisle closest to

the exit door (leading to the dumper) covered the

floor below making it difficult for several

establishment employees to pass by without

stepping on the dead birds located below.  I

asked , why

there are so many dead birds and he stated he

had a problem with the belt speed.   As 

was telling me this, he was transporting

dead birds from one pile to another location to

discard them. In the pile closest to the door, I

observed several live birds mixed in the pile of

dead ones. One bird was resting comfortably on

top the pile while two alert live birds were found

beneath the dead ones.  I also observed the

employees responsible for hanging the birds on

the shackle continue to hang birds and continue

to place additional dead birds off the belt into the

piles.  At no point while I was present did 

 intervene to regain control of the process. 

I spoke with and stated that

the process was out of control and that I was

taking regulatory control and stopping them from

hanging additional birds.  I also informed him that

I needed to speak with a Plant Manager.  Shortly

after ) and

)

arrived.   I notified of my concerns

and proceeded to place US Reject Tag

#B37106775 on the power switch at the dumper

station.   I continued to inspect the area and

observed additional birds that had suffocated and

birds that were still being suffocated or at risk of

being suffocated on the Live Hang conveyor belt.  I

CLOSED

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 257

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40359+P

40359+V40

359

Trinity Meat

Company LLC

XQQ45

070556

03N-1

05/03/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) Humane Handling Category #8 Stunning

Effectiveness On this date at approximately 0800

hours, the following non-compliance was

observed: A steer was moved into the knock box,

the head was placed in the restraint, and a

harness placed on the head secured through the

eyebolt by the lead rope which was held tight by a

plant employee. The animal appeared to be calm.

The employee performing the stunning positioned

the rifle, a 410 caliber with hollow- point shells,

and shot attempting to stun the animal. The steer

moved its head slightly at that precise moment

and remained standing with normal eye

movement and no vocalization. Within seconds,

the employee took a second shot rendering the

steer unconscious. No regulatory control action

was taken since this was the last animal for

slaughter today. The establishment does have an

active Robust Humane Handling Plan. Firearms

must produce immediate unconsciousness in an

animal with a single shot.  I notified 

 verbally, and Doug

Thompson, owner electronically and with this

written notice.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 258

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40268A+

P40268A+

V40268A

J & R Natural

Meat and

Sausage -

Mobile Harvest

Unit

JNE491

403452

9N-1

03/29/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) Today, March 29, 2018, at approximately 0955

hours the following noncompliance was noted. 

CSI was performing a Humane Handling task,

HATS category for Stunning Effectiveness.  CSI was

observing as 

 attempted to stun a steer with the Blitz

captive bolt with a very heavy load. The steer was

calm in the knock box but as he put the captive

bolt to the animals head it abruptly moved

causing to knock the steer between

the eye and nose area.  The steer seemed to be

only slightly startled but did not appear to be in

any distress.  immediately grabbed the

backup weapon (Cash Heavy Mag with a very

heavy load) and knocked the steer successfully

causing it to be adequately stunned and insensible

within approximately 10 seconds. The steer was

then stuck and bled.  CSI tagged the knock box

with US Rejected tag B38581909 while discussing

the incident with .  CSI determined the

appropriate corrective action was taken and 

followed the MHU's SOP for Humane

Handling.  The tag was removed and the harvest

proceeded without incident. Upon returning to

the plant CSI reread the plants humane handling

SOP and the records generated from the harvest. 

 performed all procedures listed and

correctly noted the incident on the records.  The

plant does not currently have a robust systematic

approach to humane handling. This is a violation

of 9 CFR 313.15(a)(1).

CLOSED

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 259

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40432 Callicrate

Cattle Co.

XQR150

704071

9N-1

04/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

At approximately 1238 hours on 4/17/18 

 and observed the following

non-compliance during slaughter operations. A

plant employee used a 357 magnum to stun a

cow.  The firearm discharged but the cow

remained standing; her head was erect and her

eyes were focused.   The plant employee

immediately took a second shot; the cow then

collapsed, the head was now relaxed, the tongue

was hanging out and flaccid; the eyes now held a

blank unfocused stare. After the second stun

attempt, the operator released the collapsed

carcass from the chute and performed

consciousness tests and determined the animal

was now unconscious and insensible to pain.  We

notified

of the stun failure violation immediately after it

was determined the cow was unconscious and

insensitive to pain.  A post-mortem examination

of the skull indicated the first stun attempt

stun-failure was mitigated by improper shot

placement.  The above described event is

non-compliant with 9 CFR 313.16 (a) (1) & (3). 

We notified that a NR would be issued.

CLOSED

M40432 Callicrate

Cattle Co.

XQR260

704141

9N-1

04/18/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 0804 hours on 4/18/18 I 

 observed the following non-compliance

while performing ante-mortem inspection on 2

steers inside a pen. I did not observe any buckets

of water available to the steers and nor did they

have any access to water by any means at this

moment.  I notified 

 of the non-compliance and that a NR

would be issued.  made water available

to the steers.  The above described event is

non-compliant of 9 CFR 313.2(e).

CLOSED

(b) (6)

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

(b) (6)

(b) (6) (b) (6) (b) (6 (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 260

EstNbr EstName NR# Date Task TaskName Regs Description Status

M901+P90

1+V901

Eklund

Processing Inc.

BUU071

201092

2N-1

01/22/2018 04C02 Livestock

Humane

Handling

313.2 HATS III Category Water Availability 

    On January 22, 2018 at approximately 11:00

a.m. I was conducting the Humane Handling task

when I witnessed the following

noncompliance. 1 pen with 3 pigs did not

have water. The water bucket was empty. The

establishment was notified immediately and

the bucket was filled with water. This is a

noncompliance of 9CFR 313.2(e). Management

was notified of this noncompliance verbally and in

written form with this document.

CLOSED

M38552+P

38552

B&M

Processing

HJY271

103441

5N-1

03/15/2018 04C02 Livestock

Humane

Handling

313.1 On 03/15/2018 at approximately 9:00 AM,

was observing the slaughter of market swine at

the establishment. While watching the slaughter

 saw the third, fourth and sixth pig

that went into the knock box trip, slip, and fall as

they entered. This is noncompliant with 9

CFR 313.1(b).

CLOSED

M38552+P

38552

B&M

Processing

HJY540

903022

0N-1

03/20/2018 04C02 Livestock

Humane

Handling

313.1 On 03/20/2018 at approximately 8:30 AM,

 and 

were observing the beef

slaughter at the establishment and observed the

following Humane Handling noncompliance. In

the pen closest to the knock box an

approximately one and a half foot piece of the

vertical support bar of the metal gate was broken

loose.  The broken end was sticking down and

touching the side of a market swine laying in the

pen.  The swine was not injured by the metal but

if it had stood up it could have been stabbed by

the broken end. This is a noncompliance of 9 CFR

313.1(a). Immediately after plant management

was notified they removed the broken piece from

the gate in the pen.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 261

EstNbr EstName NR# Date Task TaskName Regs Description Status

M932+P93

2

West Georgia

Processing

LPK281

404481

9N-1

04/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

On April 19, 2018 at approximately 0952 at West

Georgia Processing, est. 932, while performing a

routine Humane Handling verification, 

 and , observed the

following Humane Handling noncompliance. 

Handling of Livestock 9 CFR 313.2, Driving of the

animals 9 CFR 313.15(a)(2) During a Halal kill at

West Georgia Processing, Est. 932, an employee

grabbed a sheep by the scuff of the neck and the

rump, and lifted the sheep off the ground, about

3-4 feet, and proceeded to toss the animal into

the knock box notified the

employee to stop the action. Then, IIC checked

the animal’s welfare. It was not injured and was

able to continue on its own to the knock box. The

Kill resumed. It is determined that this is a

non-egregious Humane Handling violation. 

 notified of this a

non-egregious Humane Handling violation. 

Establishments Corrective Actions: Establishment

has stated that they will retrain employees and

designate only certain employees to drive

animals.

OPEN

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 262

EstNbr EstName NR# Date Task TaskName Regs Description Status

M40147+P

40147+V40

147

This Old Farm,

Inc.

LDY290

702441

4N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.1 Hats Category IV-Ante-Mortem Inspection On

February 14, 2018 at approximately 08:05 while

performing ante-mortem the following

non-compliance was observed.  A livestock trailer

was being used as a holding pen for a beef

because it’s horns could not fit through the

holding pen gate.  The trailer had multiple areas of

rusted sheet metal.  The beef had kicked holes in

the sheet metal leading to sharp jagged rusty

edges protruding into the holding area.  The

largest of the rusted out areas was approximately

four feet wide, at approximately six inches above

the flooring.  This rusted area caused the wall to

flex and separate when the beef pushed against

it.  At no time did the beef exhibit signs of

distress.  Upon further examination of the beef

there was no evidence of injury.  

was notified verbally of this

non-compliance.  Immediate corrective and

preventative measures by the establishment were

to humanely euthanize the beef and stop using

the trailer for a holding pen.

CLOSED

M44779 Faulkner

Meats

VMV51

120158

26N-1

01/26/2018 04C02 Livestock

Humane

Handling

313.2 January 26, 2018                               While

performing the Livestock Humane Handling task

at Faulkner Meats, Taylorsville, KY, specifically

Humane Handling Activities Tracking System

(HATS) category III—water and feed availability,

non-compliance was observed at approximately

1330. Two hogs were observed in a holding pen;

the bottom portion of a plastic drum was present

and was found to be completely dry. There were

no indications of it recently holding water.  Plant

personnel were informed of this observation and

the impending non-compliance record.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 263

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44779 Faulkner

Meats

VMV29

130259

06N-1

02/06/2018 04C02 Livestock

Humane

Handling

313.2 February 6, 2018 At approximately 1430 while

performing the Livestock Humane Handling task

at Faulkner Meats, Taylorsville, KY,

non-compliance was observed, specifically HATS

category III--water and feed availability. A large

holding pen containing numerous small ruminants

was found to have a bottom portion of a plastic

drum being used as a water trough; the trough

was completely dry and had dry feedstuff on the

inside bottom. Plant personnel 

 was informed of this observation and of the

impending non-compliance record. This

observation continues a recent trend in water

availability; NR#  VMV5613114921N-1 dated

11.21.2017 and NR# VMV5112015826N-1 dated

01.26.2018 are recent events. It would appear

corrective actions are ineffective or are not being

implemented to prevent reoccurrence.

OPEN

M44779 Faulkner

Meats

VMV04

140318

13N-1

03/13/2018 04C02 Livestock

Humane

Handling

313.1 March 13, 2018 While performing the Livestock

Humane Handling task, specifically HATS Category

IV-Ante-mortem inspection, non-compliance was

observed at Faulkner’s Meats, Taylorsville, KY. At

approximately 1400 a small holding pen was

observed to contain 5 lambs, as well as a wheel

barrow and a garden hose lying on the floor. The

lambs were observed huddled in a corner behind

the wheelbarrow. The lambs could have easily

become entangled in the obstacles present in the

pen. The observation was brought to the attention

of , who was informed

of this non-compliance and the impending

record.He removed the wheelbarrow and hose

from the pen.

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 264

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44910+P

44910+V44

910

Abattoir

Associates Inc.

JCH301

103351

4N-1

03/14/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category-III – Water, 9 CFR 313.2(e) At

approximately 0900, while observing livestock

presented for anti-mortem inspection at

establishment 44910, it was found that no water

was available for three market hogs being held for

slaughter. In the pen adjacent to the three market

hogs was found two empty rubber water

containers. Ms. Helen McArthur, Plant Manager,

was notified of the humane handling

noncompliance, 9 CFR 313.2(e).

CLOSED

M44922 Prime Fresh

Foods, LLC

HXV190

901521

2N-1

01/12/2018 04C02 Livestock

Humane

Handling

313.1 grate on ramp needs repairing, bottom of panel

on tub requires repairing

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 265

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44932+P

44932+V44

932

BelCampo

Butchery

THC051

801590

5N-1

01/05/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 0658 hours on Friday, January

05, 2018, 

came to the inspection office and notified me 

 assigned to cover the

CSI-9 position at Est. 44932, BelCampo Butchery

in Yreka, CA) the needed a Reject Tag due to an

ineffective knock of an Angus beef animal. His

observations were as follows: He was on the

slaughter floor standing by the sink in the viscera

inspection area approximately 35 feet from the

knocking box.  An Angus had been moved into the

knocking box, the head restraint engaged and the

chin lift activated. The FI observed the knocking

from his location at the sink; he had an

unobstructed view from his location. The plant

employee doing the knocking administered the

first knock which was ineffective; the animal

vocalized. The plant employee then unloaded and

reloaded the hand-held captive-bolt (HHCB)

knocking gun and administered an effective

second knock. The FI estimates less than 30

seconds elapsed between the two knocks. A

Regulatory Control Action was initiated by placing

Reject Tag # B35731790)on the knocking box. The

Plant Manager, Shawn Sparks, was notified at

0700hours that the knocking box  had been

tagged and no more animals could be slaughtered

until the Reject Tag was removed. Per the plant’s

Humane Handling Plan a second HHCB knocking

gun is to be available at the knocking box in the

event a second knock is needed. The second HHCP

knocking gun was available but the plant

employee did not follow the plant’s procedure. 

At 0720 provided the following

Corrective Actions: The involved employee has

been suspended pending an investigation. 

 acknowledged the plant’s procedure for a

second knock had not been followed. He will

verify the involved employee received the proper

HH training. All animals in the kill alley have

been backed out of the kill alley and are in a pen

CLOSED

(b) (6)

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 266

EstNbr EstName NR# Date Task TaskName Regs Description Status

with water. At 0815 hours I removed the Reject

Tag from the knocking box; was

informed that slaughter could resume and that an

NR would be issued.

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 267

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44932+P

44932+V44

932

BelCampo

Butchery

THC141

301511

0N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Humane Handling: On 01/10/2018 at

approximately 0620 hours USDA 

 observed Establishment 44932 employees

attempt to drive a market swine from the alley to

the knock box. It was observed by 

 that an establishment employee grasp the

swine by the tail and attempt to release the swine

been hurt from the foot been entrapped. During

the attempt the foot of the market swine became

entrapped in a gap between a vertical end pole of

the alleyway and the frame of the knock box. The

pig vocalized and struggled vigorously to free itself

from the entrapment. It was concluded by the

inspector that the pig was in distress and harmed. 

The inspector took regulatory control action and

placed USDA Reject Tag Number B30663544 on

the knock box.  She then spoke to her immediate

supervisor who then contacted his Front Line

Supervisor. After speaking to Front Line Supervisor

the reject tags are to remain, stop moving pigs

into alley way and cease slaughter until further

notice. Establishment 44932 

, and 

), was informed

of the regulatory control action.  Establishment’s

Correction Actions:  Maintenance performed a

temporary fix by placing 2 pieces of Plexiglas in

the gap that was from the Alleyway to the Knock

box.  This allowed the animals to move freely into

the Knock box without the hazard of falling into

the gap.  FSIS personnel observed the corrective

actions and were found acceptable.  Regulatory

control was released at approximately 0850 hours

by removing USDA Reject Tag #B30663544 and

production was resumed. Preventive Measure

was given by Establishment’s Management: 

Maintenance will move the Knock box closer to

the Alleyway and fill in any remaining space. The

following Regulation of but, not limited too 9CFR

313.1(a) and 313.2 (a) were not met. 9CFR

CLOSED

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 268

EstNbr EstName NR# Date Task TaskName Regs Description Status

313.1(a) Livestock pens, driveways and ramps. 

Livestock pens, driveways and ramps shall be

maintained in good repair. They shall be free from

sharp or protruding objects wish may, in the

opinion of the inspector, cause injury or pain to

the animals. Loose boards, splintered or broken

planking, and un-necessary openings where the

head, feet, or legs of an animal may be injured

shall be repaired. 9CFR 313.2 (a) Handling of

Livestock. Driving of livestock from the

un-loading ramps to the holding pens and from

the holding pens to the stunning area shall be

done with a minimum of excitement and

discomfort to the animals. Livestock shall not be

forced to move faster than a normal walking

speed.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 269

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44932+P

44932+V44

932

BelCampo

Butchery

THC041

702262

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(ii),

313.15(a)(1)

2/28/2018 0905 Humane Handling Est. M44932 

At approximately 0905 hours on 2/28/18,

,

observed an establishment employee performing

a routine knock on a beef. observed the

captive bolt knocking gun miss fire in which the

bolt didn’t fully penetrate the beef skull. As

observed by the beef in question

showed all the signs of being fully alert such as

still breathing, struggling to get its head out of the

head catch as if nothing had happened.  The

establishment employee immediately

administered a second knock with a second

captive bolt knocking gun rendering the beef

unconscious. immediately spoke to the

  His immediate verbal

response was the captive bolt gun was not

working properly.  Post-morten examination of

the skinned head found 2 knock holes where one

did not completely enter the brain cavity but the

other hole did enter brain cavity. was

informed that an noncompliance record would be

issued citing §313.15 (a) (1) and 313.15 (b) (1) for

ineffective unconsciousness after first knock and

for failing to maintain stunning instruments in

proper working order respectively.  

then stated their corrective actions were to use a

brand new captive bolt knocking gun and replace

the older ammunition with new ammunition to

ensure that the captive bolt knocking gun would

work and the remaining cattle would be knocked

properly. The HATS category: stunning

effectiveness

OPEN

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 270

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44932+P

44932+V44

932

BelCampo

Butchery

THC201

702112

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.15

(b)(1)(ii),

313.15(a)(1)

2/28/2018 Humane Handling Est. M44932  At

approximately 1015 hours on 2/28/2018,

observed a wild, nervous, agitated beef enter the

knocking box. After the beef was properly

restrained the plant employee attempted to

knock the beef twice in which the firing

mechanism failed to work causing the beef to

react with increasing resistance to restraint,

vocalization and repeatedly hitting back of head,

jaw and neck against head catch. The plant

employee then retrieved the backup knocking

device and administered a desensitizing knock to

the beef in question.

was verbally informed by

 that the

captive bolt knocking gun was not working

properly and minor adjustments were made to

the knocking gun and dry fired to ensure it was

working properly returning it to production for

use. verbal corrective

actions included having maintenance inspect the

captive bolt guns to ensure their proper

functionality also stated that the firm

was looking into a new type of knocking

gun/device was informed by

that a noncompliance record would be issued

citing §313.15 (a) (1) for the firm failing to

maintain minimum excitement and discomfort for

the animal and 313.15 (b) (1) (ii) for not keeping

the stunning device in proper working condition. 

This NR is linked to NR THC0417022628N. The

firms previous verbal corrective actions were

either ineffective or were not implemented.   The

HATS category: stunning effectiveness

OPEN

(b) (6)

(b) (6)

(b) (6) (b) (6)(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 271

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44932+P

44932+V44

932

BelCampo

Butchery

THC581

004383

0N-1

04/30/2018 04C02 Livestock

Humane

Handling

At about 7:30 am on 4/30/2018 while verifying

knocking procedures as proffered by

establishment in response to humane handling

issues, I found that the establishment failed to

follow the procedure that they presented on the

first beef slaughtered.  The beef was rendered

unconscious with an effective initial knock that

was applied but employee in charge of knocking

released the animal from the restraint without

application of a "security knock" as required

by establishment's written procedures presented

as corrective action for their suspension. 

Establishment was issued a Notice of Return of

Suspension Held in Abeyance after submission of

written procedures to be followed.  One of those

procedures is to apply a second (security) knock

after an initial effective knock.  The fact that the

establishment failed to follow the SOP that was

submitted is violation 9CFR 500.3 (a)(5).  I

discussed the issue with and informed

him that a noncompliance would be issued. 

He explained that there had been

a miscommunication with 

responsible for knocking the animals.  He also said

that he would note the incident and counsel the

employee.  The matter was referred to FLS for

correlation and it was decided that a

noncompliance should be issued as a result of the

incident.  No regulatory control was taken as

slaughter did proceed "humanely" as animal was

rendered unconscious with the initial knock.

OPEN

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 272

EstNbr EstName NR# Date Task TaskName Regs Description Status

M44932+P

44932+V44

932

BelCampo

Butchery

THC201

005550

8N-1

05/08/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On Tuesday May 8 2018, at approximately 0605

hours did a routine check of the

holding pens at Belcampo. , observed

one of the holding pen with approximately 8

Cattles and no water access. The condition of the

Cattles looked to be normal behavior there was no

visual signs of heat exhaustion and the breathing

looked to be normal. The position of the holding

pen was on the South West corner of Belcampo's

holding pens; however there was plenty of shade

and air flow. I informed 

that one of their holding pens with cattle’s

 present had no access to water. 

quickly grabbed the water hose and a placed

water trough and placed it into the holding pen. 

 said they had water last time he

checks but maybe the cattle knock over the water

trough.  I confirmed all the water

troughs had water. said he would

watch the water troughs throughout the day. I

 verbally informed 

 that a noncompliance would

be issued for 9CFR313.2 (e) Animals shall have

access to water in all holding pens. This NR will

be linked for the same cause.

OPEN

M44993+P

44993

Musa Halal

Slaughter

House, LLC

JAQ560

903111

2N-1

03/12/2018 04C02 Livestock

Humane

Handling

313.1 While observing pen conditions during movement

of animals after antemortem. I noted that the

squeeze chute/stunning pen used to position

animals for ritual slaughter was damaged. A closer

examination of the metal bars on the pen showed

one area on the left side of the bar used to hold

the animals head in place where it joins the main

framework of the pen to be rusted through and

have sharp edges. These edges extend out about 

a 1/2" in various locations around the bar. As the

edges could cause injury or harm to the animal I

rejected the piece of equipment with USDA

tag # B43233744. was notified of this

rejection.

OPEN

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

(b) (6)

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 273

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45029+P

45029

Vermont

Packinghouse

LLC

FUU591

201500

2N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.2 HAT Category III – Water Availability On

1/2/2018, at approximately 13:10hrs, while

conducting a humane handling task, 

observed the following non-compliance: 

Pen #2 holding 20 swine did not have suitable

access to water.  The top access point of the

automatic waterer was not frozen, however the

bottom access point of the automatic waterer was

frozen solid. The swine are unable to access the

top waterer. I immediately notified slaughter

floor employee of my findings.  The establishment

did not meet the regulatory requirement of 9 CFR

313.2(e), which requires that water be available to

livestock in all holding pens. By reviewing PHIS

there has been a similar noncompliance written

within the 90 days.

CLOSED

M45029+P

45029

Vermont

Packinghouse

LLC

FUU191

302502

6N-1

02/26/2018 04C02 Livestock

Humane

Handling

313.1 Category IV On February 26th, 2018 at

approximately 8:30am this occurred at Vermont

Packing House: The barn supervisor had placed  a

heavy calf (about 500 pounds) into the knock box.

 He then closed the door behind the animal. He

went to the front of the knock box to secure the

animal into the head gate. After opening the head

gate the employee tried to get the animals head

secured however he saw that the animal was wild

and tried to push it back into the knock box. The

head gate was opened wide enough to allow the

animal to get through and escape the kill chute

after putting his front legs through. The animal,

once out of the knock box, pushed the employee

into the exit door which was to the right of the

employee. The door then opened and the animal

escaped.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 274

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45029+P

45029

Vermont

Packinghouse

LLC

FUU481

203230

6N-1

03/06/2018 04C02 Livestock

Humane

Handling

313.2 Category II Truck Unloading. On March 6th, 2018

while a performing Humane Handling Task, I

observed the following noncompliance. The

farmer had the truck backed-up to into the

unloading area. The back of the truck where the

swine were being unloaded from was

approximately 1.5-2 feet off the ground. The

farmer was guiding the swine to the back door of

the truck using a board. I witnessed one swine fall

off the truck backwards onto its back, where it

rolled and vocalized. A second swine off -loaded

facing forward, but lost its footing as it unloaded

buckling forward onto its front limbs. 

Immediately I informed the farmer he was not

allowed to unload the swine without using the

ramp, as the truck bed was too high off the

ground. I informed the kill floor supervisor and he

went to the trailer and had the farmer wait until

he put the ramp down so the remaining swine

could unload off the truck using the ramp. No

regulatory control action was taken as the

supervisor took immediate corrective action. I

Informed the kill floor supervisor and the HACCP

Coordinator this is a noncompliance. This is a

violation of the humane handling regulation, 9CFR

313.2(a).

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 275

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45029+P

45029

Vermont

Packinghouse

LLC

FUU430

803042

9N-1

03/29/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category VII Slips and Falls: On Thursday

March 29, 2018 at approximately 9:00 am while

performing humane handling verification

procedures, the following noncompliance was

observed by and 

 A bovine animal entered into the stun box

and head gate area. Before the locking head gate

mechanism could be initiated, the animal thrust

itself against the head gate and slipped, falling in

her back two legs. While trying to regain her

footing, one of her back legs slipped between the

stun box side door and floor, becoming

entrapped. While trying to free her leg, the medial

aspect of her lower hock sustained a wound from

the scraping movements against the floor edge.

Establishment employees took immediate

corrective actions and freed her leg, allowing her

to regain footing after a few attempts. The animal

was then successfully stunned on the first attempt

using captive bolt, and did not regain

consciousness throughout shackling, sticking, or

bleeding. This is in noncompliance with 9 CFR

313.1(b).

CLOSED

(b) (6)(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 276

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45099+P

45099+V45

099

Responsible

Transportation

LLC

VOT570

802482

0N-1

02/20/2018 04C02 Livestock

Humane

Handling

313.2 This morning, February 20, 2018, at

approximately 0715 hours, I, ,

while performing HATS Category III-Water and

Feed Availability, verification during HATS

Category IV Handling during Ante-Mortem

Inspection at Establishment 45099, observed the

following noncompliance: The cattle in pens 1, 2a,

and 2b did not have access to water. I reviewed

the cattle unloading records maintained by the

establishment and saw that the unloading of

these animals occurred at 1843 hours on 2/19/18.

There were 4 head of cattle in pen 1 and 20 head

of cattle in pen2a/b at the start of ante-mortem

on 2/20/18.  The establishment did not meet the

regulatory requirements of 9 CFR 313.2 (e). I

verbally notified 

of the noncompliance and informed him

that an NR would be forthcoming. The

establishment immediately resolved the issue and

supplied both pens with water.

CLOSED

M8+V8 Iowa Premium,

LLC

VSH180

805371

0N-1

05/10/2018 04C02 Livestock

Humane

Handling

313.2 On May 10th at approximately 7:20 AM, I, 

, was in the barn of M8

performing antemortem inspection, HATS Task

Category IV, when I observed a noncompliance.

While watching a pen of cattle go past me as I was

standing in the inspection stand on the north side

of the building, across the barn I noticed a group

of cattle run down the south alleyway towards the

knocking area. Behind them was a plant employee

chasing them while waving his arms, resulting in

the cattle moving at an increased level of

excitement & a running pace. This is in violation of

9 CFR 313.2 (a).  I informed 

 of the problem, she spoke with

the employee and instructed him that he was not

to do this again. I informed her a noncompliance

would be forthcoming.

OPEN

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

(b) (6)

(b) (6)

Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 278

EstNbr EstName NR# Date Task TaskName Regs Description Status

P46826 SHENANDOAH

VALLEY

ORGANIC

BOK491

401543

0N-1

01/30/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On 01/30/2018 at approximately 07:15 hours,

while starting to give online inspection breaks, I,

 along with 

were informed by online 

 and , they had seen clusters of

cadavers.  While giving breaks, 

and I were also presented with three cadavers.

After breaks, I looked and confirmed eleven more

cadaver in the condemn barrels.  I then started

to go to back to the live hang Department and

stopped and observed the birds on the rehang belt

in Evisceration.  I found two more birds with the

same characteristics, dark red, had their heads still

attached with no neck cut and had extensive

hemorrhages in the breast. All sixteen birds had

entered the scalder alive.  The establishment was

not following good commercial practices and not

complying with 9 CFR 381.65(b). Poultry that are

still breathing on entering the scalder die from

drowning and not from slaughter and are

considered adulterated and unfit for human food. 

 I showed the two birds from the re-hang table to

 and informed

her of the noncompliance.   At approximately

08:15, the establishment was back in compliance

after adjustments from maintenance and no more

cadavers were observed by myself or the online

inspection team.

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 279

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46910+P

46910+V46

910

B & R Meat

Processing

XXC581

105291

6N-1

05/16/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

Non-compliant citation for violation of 9 CFR

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

task VIII). On May 16, 2018, at B&R Meat

Processing, establishment M46910, at

approximately 1105 hours, I, 

 as well as , observed a

stunning failure on a market hog presented for

slaughter. This hog was confined in the knock box

and the first stun attempt with a .22 Cal. rifle

failed. The hog was still standing and alert after

the first shot but was not vocalizing or moving

about in the knock box. The employee

immediately reloaded the rifle, and successfully

performed the stun procedure. I visually inspected

the prone carcass after the second stun attempt

for any signs of consciousness; none were

observed. This hog was now laying on its side in a

convulsive seizure; it was not breathing and its

eyes were fixed in a blank stare. I continued to

monitor this hog for any signs of conscious during

shackling, the stick procedure and bleed-out. I

informed Mr. Scott Ridenoure, President & Plant

Manager, of the stun failure and that a

noncompliance record would be documented for

the failed stun. A post-mortem inspection of the

hog’s head indicated the first shot was off target

(less than 3⁄4” to the right). A regulatory control of

the stun process was not taken for this event

because the immediate corrective measure (the

second stun attempt) was determined to be

effective. This document serves as notification

that continued failure to comply with regulatory

requirements could result in further

administrative actions.

OPEN

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 280

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45371+P

45371

Wilson

Processing

Company, Inc.

HLY180

703372

7N-1

03/27/2018 04C02 Livestock

Humane

Handling

313.16(a)(3) On March 27, 2018, at Wilson Processing

Company, Est 45371 at 0720 the following

observation was made.  The establishment was

using a .22 caliber rifle to render market hogs

unconscious. On the 11th and last hog

slaughtered that day, the hog turned its head at

the time the .22 caliber rifle was fired resulting in

the animal not being immediately rendered

unconsious. The stunner immediately took

corrective action by taking a second shot which

was effective in rendering the animal

unconscious.  This constitutes a regulatory

noncompliance with USDA Regulation

313.16(a)(3).

CLOSED

M45371+P

45371

Wilson

Processing

Company, Inc.

HLY510

705350

8N-1

05/08/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On May 8, 2018, at Wilson Processing Company,

Est 45371 at 0710 the following observation was

made.  The establishment was using a .22 caliber

rifle to render market hogs unconscious. On the

12th and last hog slaughtered that day, the shot

fired was not effective in rendering the animal

unconscious. The stunner took immediate

corrrective action by using the captive bolt which

was effective in rendering the animal unconscious.

This constitutes a regulatory noncompliance with

USDA Regulation 313.16(a)(1).

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 281

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48087+P

48087+V48

087

Marin Sun

Farms, Inc.

RAP061

002471

5N-1

02/15/2018 04C02 Livestock

Humane

Handling

313.15(a)(3) On 2/15/2018 at approximately 0640 hours, I, 

 observed the HATS category of

stunning effectiveness for the Livestock Humane

Handling task. I observed a beef cow that required

a second stun with a handheld captive bolt device

to properly stun the animal, after the first knock

didn’t produce full unconsciousness. Once the

cow was rolled out of the knock box it began

rhythmically breathing and blinking/eye rolling. 

This is in violation of 9 CFR 313.15 (a) (3).  The

stunning employee took immediate corrective

action to properly stun the animal with a second

knock using a back-up device, as is the

establishment’s protocol, which was administered

within 20 seconds. I notified 

 of the incident and noncompliance. The

establishment took immediate corrective action

to re-train the stunning employee to be more

precise with placement of the captive bolt device,

and to take more time to ensure the first knock is

effective, as well as utilize a safety knock.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 282

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45377+P

45377+V45

377

3D Meats, LLC VSB490

601421

8N-1

01/16/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 1000 hours, ,

observed that the metal trim in the hog knock box

was bent up along the doorway into the barn and

the wall inside the knock box.  This created sharp

protruding places where it might cause pain or

injury to the hog.  instructed 

 to place a USDA reject tag on the knock

box and not allow any hog slaughter until this was

repaired.  Tag # B41938373 was applied to the

knock box door.  then went to

notify General manager/owner Leon Hilty of the

situation.  A similar NR was issued on Nov 29,

2017 (NR# VSB5612114530N) during 

 audit of the

plant.  A written response was not received from

the establishment to address that NR, but the

metal edges had been pounded in to remove any

sharp edges.  This restored the knock box to

acceptable conditions.  This document serves as

written notification that failure to comply with

written regulations may result in further

administrative action as described in 9 CFR 500.

CLOSED

M45377+P

45377+V45

377

3D Meats, LLC VSB330

802460

6N-1

02/06/2018 04C02 Livestock

Humane

Handling

313.2 At approximately 900 hours, I went to the barn for

ante mortem inspection.  There were 5 cattle in 2

pens remaining from the previous slaughter day. 

These animals had no access to water. 

Establishment owner Leon Hilty was immediately

notified of the situation.  This is a violation of

313.2(e).  This document serves as official

notification that failure to comply with written

regulations may result in further administrative

actions as described in 9 CFR 500.

CLOSED

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

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 283

EstNbr EstName NR# Date Task TaskName Regs Description Status

M19290+P

19290

Working H

Meats, LLC

NAW01

110240

23N-1

02/23/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) At approximately 0845 hours, at the beginning of

the slaughter operations, the first hog was a sow.

The following noncompliance was noted: 

and I observed the stunning of the sow. The

first shot did not stun the sow, and after the shot,

the sow came toward the stunner and jumped up.

The stunner took immediate corrective actions

and shot again, with the same firearm, a .22

magnum, rendering the sow unconscious, and

then shot a security shot before they hoisted the

sow in the air. After the sow was bled out and

skinned, the head was removed. The skull was

examined;  and it was found that the first

shot had not penetrated completely through the

skull. This is a noncompliance of 9 CFR

313.16(a)(1). The establishment was notified

immediately and in writing of the noncompliance.

OPEN

M45413+V

45413

Blankenship

Farms Meat

Processing

BUD480

701483

1N-1

01/31/2018 04C02 Livestock

Humane

Handling

313.1 On 1-30-2018 at 0730 upon preforming the days

Ante-Mortem inspection, there was not any water

available for the animals in the holding pens. Both

pens containing Custom Animals and Inspected

had no water. I notified 

 and employees of the issues and

water was placed inside the pens immediately.

Regulation 9 CFR 313.2(e), which requires that

water be available to livestock in all holding pens,

and that animals held longer than 24 hours have

access to feed, was not met and resulted in a

non-compliance. The animals were not held at the

establishment for more than 24 hours so food was

not needed.

CLOSED

(b) (6)

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 284

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45413+V

45413

Blankenship

Farms Meat

Processing

BUD410

702261

4N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability:  During

ante-mortem inspection of animals designated for

slaughter this morning I observed that the 2 hogs

destined for inspected slaughter had pushed their

water container out of the holding pen where

they were staged thus preventing their access to

water as required by  9 CFR 313.2(e).  9 CFR

313.2(e) requires that water be available at all

times and that animals held longer than 24 hours

have access to feed.  This non compliance was

illustrated to at the time it

was observed at which time the water container

was moved back in to the pen with the hogs.  Also

the water which was initially in the container was

dirty so it was swapped out for clean water. 

Similar condition were observed on 1-31-18 and

documented on Non compliance record

BUD4807014831N/1 – There was no actual down

time due to this non compliance.  

 was notified of the

non-compliance, the plants failure to meet

regulatory requirements and the actions to be

taken by FSIS which was to document the

non-compliance here-in.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 285

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45413+V

45413

Blankenship

Farms Meat

Processing

BUD130

803521

4N-1

03/14/2018 04C02 Livestock

Humane

Handling

313.2 Category III - Water and Feed Availability: Upon

my arrival at the establishment for odd hour

humane handling inspection I observed the

following non compliance.  I observed that the

hogs being held overnight in the alleyway had no

access to water.  I observed that there were 5

hogs staged in the alleyway with an empty water

container.  There was evidence that there may

have been water in the container at some time

earlier (the floor was wet) but the container was

empty upon my inspection at 0530 am.  There

was also a single hog in the front portion of this

area with no water or even a container for water

in the area. The empty container mentioned

above is the container which had been secured to

the fence to keep it from being turned over in

response to NR# BUD4107022614N/1 dated

2/14/18.  This container was no longer secure.  

Similar noncompliance was documented on

NR # BUD4807014831N/1 dated 1-31-18,   and

NR # BUD4107022614N/1 dated 2/14/18.  Water

was placed in the pens for the hogs upon arrival of

establishment personnel. The above stated

noncompliance is in violation of 9 CFR 313.2(e)

which requires that water be available at all times

and that animals held longer than 24 hours have

access to feed. It is also in violation of the

establishments initial assessment for its

systematic approach to Humane Handling which

indicates under category 3 “Water and Feed

availability” bullet #4 “If practices/facilities

require improvement or maintenance they will be

implemented ASAP in order to minimize

excitement, discomfort, and accidental injury to

livestock and recorded on proper forms.”

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 286

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45422+V

45422

Messina Meats BEJ461

603192

0N-1

03/20/2018 04C02 Livestock

Humane

Handling

313.2 On March 18, 2018, while performing

antemortem and inspection of the animal pens at

approximately 1320 hours, I observed the

following noncompliance. I observed a large live

hog in a small fenced pen in the area where

animals are staged for slaughter.  This pen

contained a single water nipple designed to

provide water for hogs, however the nipple was

not functional and there was no other source of

water for the contained hog. I showed Plant

Owner Femino of the noncompliance at

approximately 1330 hours and he had the pen

emptied of the live roaster pig.  A regulatory

control action was taken and U.S. Reject tags were

applied to each pen gate (B40615637 and

B40615638) to prevent their use as an animal

holding pen until corrective measures were taken

to render the pens safe to use.  As of the issuance

of this noncompliance record, corrective actions

had not yet been taken and thus the pen remains

under Regulatory Control action. The

Establishment has a Robust Systematic Approach

on file.  I informed Mr. Femino of the forthcoming

issuance of a noncompliance record for not

providing access to water in the holding pens and

that this is a noncompliance of the regulatory

requirements of 9CFR 313.2(e).

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 287

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46856+P

46856

Safa Halal

Meat's

LHJ060

601560

5N-1

01/05/2018 04C02 Livestock

Humane

Handling

313.2 At 0630 while inside the barn, while performing

Livestock Humane Handling

Verification - Category III(Water and Feed

availability), I observed that the water trough for

the Beef Holding Pen Number 1 was frozen.

Approximately 7 beef were present in the holding

pen at this time. Upon further investigation, I

observed that all water troughs

outside (approximately 3 which I could observe

since it was dark in the Main Yard) were  also

frozen. Approximately 3 goats and 2 lambs were

present. I notified

 of this noncompliance. At 0700,

I verified all water troughs were unfrozen and

heaters were added to ensure the water would

stay unfrozen.  On Dec 29 2017, due to the

upcoming weather reports about freezing

temperatures, an awareness meeting was held

with plant management advising them that the 

animals in all Pen had to have access to unfrozen

water. This is a violation of 9 CFR 313.2(e). This

document serves as written notification that your

failure to comply with regulatory requirement(s)

could result in additional regulatory or

administrative action.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 288

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45471+P

45471

New Angus,

LLC

VUE360

801441

7N-1

01/17/2018 04C02 Livestock

Humane

Handling

313.15(a)(1),

313.15(a)(2),

313.15(a)(3)

On 1/15/18 at about 12:15 I, 

walked into the knock box area and observed the

following HATS Category VIII non-compliance. 

There were several establishment employees

standing at the blood pit fence looking at a live

heifer.  She had no signs of injury and was not

vocalizing.  She made four trips from under the

knock box and around the front of the moving

table.  There is about a three foot fall onto the

moving table and one foot to the floor of the pit. 

The table is approximately six feet wide by twelve

feet long and the animal was able to walk around

two sides of it.  At one point, she unsuccessfully

tried to lunge the ten feet out of the pit, scraping

the right side of her face on the bars of the fence. 

An establishment employee was under the belly

chain and attempted a knock with a hand held

captive bolt device.  He was reaching through

steel bars to barely reach her head as she moved

by him.  There was the captive bolt sound, but the

animal remained conscious.  I observed the animal

turn and walk back to the front of the moving

table.  The heifer made that trip two more times

and after a short delay, a blue hat from skinning

line was standing on the moving table with

another hand-held captive bolt device and was

able to get an effective stun resulting in

unconsciousness.  Another establishment

employee then delivered a security knock with the

reloaded captive bolt device used for the initial

(ineffective) stun attempt.  At this time, I informed

 of the

noncompliance with regulation 9CFR313.15(a).  I

tagged the knock box with US Rejected Tag

B22023652 and called my FLS for further

guidance.  I was able to examine the head of this

animal.  There was one knock hole at about the

two o’clock position, three inches from the center

of the forehead.  There was also a 3⁄4 inch long

knock hole in the center of the forehead.  After

receiving written corrective actions from

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 289

EstNbr EstName NR# Date Task TaskName Regs Description Status

establishment management, I removed the US

Rejected tag from the knock box and harvest

resumed.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 290

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45471+P

45471

New Angus,

LLC

VUE501

503350

1N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 0945 on February 28, 2018,

while performing Humane Handling task,

observing HATS category VIII (Stunning

effectiveness) on a cow, I observed the following

noncompliance:  As I approached the restrainer, I

noticed that the establishment was having trouble

with a cow balking in the chute, just before the

restrainer.  Two employees and the supervisor in

that area were trying to move the animal with

paddles, with no success.  At that time the

supervisor called the stunning employee over to

knock the animal with a handheld captive bolt

device.  This employee went to place the device

on the animal’s head and fire the captive bolt, but

the bolt device did not make contact with the

animal on the first attempt.  The employee

immediately made a second attempt and I heard

the device fire normally, but I was not in a

position to have a clear line of sight to observe the

placement of the captive bolt stunning attempt. 

The animal remained conscious, there were no

vocalizations, but it was standing in the chute

moving its head around and tracking with its

eyes.  Immediately after the second attempt, the

animal moved forward into the restrainer, and an

establishment employee stunned the animal

effectively with a pneumatic captive bolt device.   

I then called the supervisor over to the sticking

area to examine the head of the bovine.  I

observed the animal’s head and found a small

hole(1/4” in diameter) in the hide near the pole

(top of the head), that was the size/shape of the

hand held captive bolt.  I had the head of that

animal pulled off the line, after head inspection,

so the SPHV could take a look at the head.  The

effective stun hole was located mid-forehead.

 Upon further investigation, the SPHV used a

government issued pen and found that the head

did have a hole near the pole that was

approximately 3” deep and 1/4” wide.  This hole

was in the same area I found the initial wound on

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 291

EstNbr EstName NR# Date Task TaskName Regs Description Status

the head in the sticking area, after the animal had

been stunned.  I notified Food Safety and Quality

Assurance Vice President Lisa Hernandez of the

noncompliance with 9 CFR 313.15(a)(1). The

corrective actions implemented in a previous

noncompliance (VUE3608014417N-1, January 15,

2018) were to retrain all of the animal handling

employees on proper procedures for restraint and

stunning.  This noncompliance is being associated

as the training was not adequate in preventing

further noncompliance.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 292

EstNbr EstName NR# Date Task TaskName Regs Description Status

P46869 Carrol Poultry,

LLC

DLA540

904060

4N-1

04/03/2018 04C05 Poultry Good

Commercial

Practices

381.65(b) On 4/03/2018 around 15:20 while performing a

Good Commercial Practice task, and I

observed an alive (controlled movements, blinking

eye and rhythmic breathing) at the end of the line

before the scalder. The bird was removed from the

line. Three more alive birds were observed and

removed from the line before entering the scalder.

A rack with 10 live birds hanging and 4 more alive

birds piled in the sink adjacent to the blood tank.

In less than a minute 2 more live birds were

observed on the line just prior to entering the

scalder.    Regulatory action was taken by

stopping the line to prevent live birds from going

into the scalder. I notified 

 and of the systematic

failure of the plant’s Good Commercial Practice

381.65 (b) and the regulatory action taken.  9 CFR

381.65( b) states “ The regulations also required

that poultry be slaughtered in accordance with

Good Commercial Practices, in a manner that

results in thorough bleeding of the poultry carcass

and ensures that breathing has stopped before

scalding so that the birds do not drown.”  I also

noticed several conscience birds in the blood tank

that did not have a sufficient cut to the neck to

allow proper bleeding. There was not an

employee present to ensure the necks were at the

end blood tank. 7 cadaver birds were recorded on

the USDA lot shift on the same production day. 

As part of the Plant’s initial preventive

measurement on a noncompliance 11/02/2017,

the Plant was to place an employee at the end

blood tank to ensure the necks are sufficiently cut

to allow proper bleeding before entering the

scalder and another employee at the opposite end

of the line to ensure birds are not breathing and

properly bleed out. At the time of my observation

today, there was no backup at either end of blood

tank. The establishment informed IPP, the

employee assigned to ensure proper slaughter of

birds at the exit of the blood tank was not

CLOSED

(b) (6)

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 293

EstNbr EstName NR# Date Task TaskName Regs Description Status

completely trained.   The establishment

preventive measure is to verify kill  staffing  before

each start up and if they have one killer they will

hang every third shackle, if two killers every other

shackle and if they are full staffed every shackle.

They will have a meeting to train employees on

the Establishment’s Animal Welfare Program.  

Operations resumed once the plant had given and

implemented their preventative measures.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 294

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP511

503080

1N-1

03/01/2018 04C02 Livestock

Humane

Handling

313.2 On 2/28/18 at approximately 1400 hours while

performing a Humane Handling Task HATS

Category II and VI, Truck Unloading and Electric

Prod/Alternative Object Use, I, ,

observed a truck driver unloading five steers.

While the truck driver was unloading the steers, I

observed him yelling at the steers while poking

and hitting them with a wooden cane, including

raising the cane above his shoulder and forcefully

striking one of the steers in the muzzle area of the

face. The steer balked and turned away from the

trucker, causing another steer to slip. The steers

then grouped into a ball in the unloading area and

ran back onto the trailer. The truck driver

continued to yell at the steers and switched to

using an electric prod to move the steers off the

trailer. The truck driver repeatedly prodded the

steers in the body (between the shoulders and

withers), and I heard corresponding snapping

sounds from the use of the electric prod. The truck

driver then prodded a steer on the bridge of the

nose. At no point did the steers vocalize. I

informed the truck driver that excessively striking

and prodding the steers is not acceptable,

especially in the face. The truck driver claimed

that he did not shock the steers in the face, but

that he used the electric prod as a poking device.

An establishment barn worker was also present;

however, he stood behind a gate and did not

participate in the truck unloading. Subsequently,

I informed Plant Manager, Mr. Andzej Zubek, of

the noncompliance and the issuance of the

noncompliance record and tagged the knock box

with U.S. Reject tag NO. B37601457. After Mr.

Zubek proffered a verbal corrective action, I

removed the U.S Reject tag, releasing the knock

box. This is a noncompliance with 9 CFR 313.2(b)

for the establishment’s failure to move livestock

with minimal excitement.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 295

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP341

303501

2N-1

03/12/2018 04C02 Livestock

Humane

Handling

313.2 On 3/12/18 at approximately 0645 hours while

performing a HATS Category IV – Ante-mortem

Inspection task, I, observed an

establishment employee move 328 pigs for

ante-mortem inspections. While the

establishment employee was moving 57 pigs in

Pen O, I performed a HATS Category III – Water

and Feed Availability task and asked the

establishment employee to test the 4 nipple

waterers in Pen O for functionality and no water

came out of them. The pigs appeared to not be in

any distress and were not vocalizing from lack of

water availability. I informed Plant Manager

Andrzej Zubek of the noncompliance and the

issuance of the noncompliance and he

immediately fixed the nipple waterers for Pen O,

making water available to the 57 pigs; thus no

U.S. Rejected tags were used and the pigs did not

need to be moved to another pen. This is a

noncompliance with 9 CFR 313.2(e) because of

the establishment’s failure to provide animals

with water in all holding pens.

CLOSED

M45629+V

45629

Andy's Meats

Inc.

DJP301

004500

4N-1

04/04/2018 04C02 Livestock

Humane

Handling

313.2 On 4/4/18 at approximately 0710 hours while

performing a HATS Category IV (Handling During

Antemortem Inspection) Humane Handling task, I,

, along with 

observed the water valve leading to the

nipple waterers turned to the off position for pens

3 and 5 (HATS Category III - Water and Feed

Availability non-compliance). These pens held 99

and 40 pigs, respectively. The affected pigs did not

have access to water overnight. The pigs appeared

comfortable. An establishment employee

immediately turned on the water valve to pen 3

and provided the pigs in pen 5 with a tub of

water. Thus, I did not place a U.S. Rejected tag on

each pen. This is a noncompliance with 9 CFR

313.2(e) because of the establishment’s failure to

provide animals with water in all holding pens.

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 296

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP450

804502

0N-1

04/20/2018 04C02 Livestock

Humane

Handling

313.2 On 4-20-2018 at about 7:40 A. M, I, 

 observed the following noncompliance.

While conducting the Humane Handling of

Livestock Task Category III, Water and Feed

availability, I observed a non-ambulatory/disabled

(NAD) market hog in the unloading dock area. The

establishment indicated it had been unloaded the

night before and was NAD because of a broken

left rear leg. Although it was separated from other

hogs it did not have access to water overnight. It

was treated as a US suspect hog with tag

#M-2706923 and immediately and humanely

stunned by the establishment with a captive bolt

gun. A broken left rear leg was confirmed on post

mortem. The hog carcass was passed without

restriction after trimming of the affected leg. Mr.

Andy Zubek, plant manager, was notified of the

noncompliance. He immediately counseled barn

personnel about the lack of water for the animal.

He further counseled them ,reiterating to them 

that NAD hogs with broken legs should be

humanely stunned at the time of unloading

especially when unloaded in the PM preceding the

day of slaughter.

(b) (6)

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 297

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP471

404402

4N-1

04/24/2018 04C02 Livestock

Humane

Handling

313.2 On 4/24/18 at 0710 hours, I, 

 observed the following noncompliance

while conducting a Humane Handling of Livestock

Category III Task (Water and Feed Availability). I

observed a non-ambulatory/disabled (NAD)

market hog segregated in the walkway between

pens that did not have access to water overnight.

The hog did not appear to be in distress. The barn

personnel said that it was unloaded the night

before and was NAD because of an injured rear

leg. It was treated as a U.S. Suspect hog with tag

#M-2706924. Establishment personnel

immediately and humanely stunned the hog with

a captive bolt device. A broken left rear leg was

confirmed on post mortem inspection. Mr.

Andrzej Zubek, establishment manager, was

notified of the noncompliance. He immediately

counseled barn personnel about the lack of water

for the animal. This is a noncompliance with

313.2(e) for failure to provide access to water. A

similar noncompliance was documented on

4/20/18 on NR #DJP4508045020N/1. These

noncompliances are associated due to the

establishment’s failure to provide access to a

segregated, NAD hog overnight. The

establishment has not yet provided a written

response to the noncompliance from 4/20/18.

The establishment’s further planned actions were

not implemented or were inadequate to prevent

this noncompliance from recurring.

(b) (6)

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 298

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45629+V

45629

Andy's Meats

Inc.

DJP551

005101

4N-1

05/10/2018 04C02 Livestock

Humane

Handling

313.2 On Thursday, May 10 at approximately 9:45 a.m.

while performing a HATS Category VI Humane

Handling Task – Electric Prodding/Alternative

Object Use, I, , observed the

following noncompliance (HATS Category

VII – Observation for Slips & Falls). The chute

leading up to the stunning conveyor was filled

with a single-file line of market hogs. The hog at

the end of the chute adjacent to the conveyor did

not want to walk onto the conveyor. The barn

personnel prodded the hog on the right ham with

the hand held battery operated electric prod to

encourage it to walk forward onto the conveyor.

The hog squealed, moved forward to the conveyor

and subsequently ran backward about five feet.

The barn personnel prodded the hog again to

encourage it to move forward. Again, the hog

squealed, ran forward toward the conveyor and

then ran backward about six feet causing the hog

behind it to sit down on its haunches. The hog

behind was forced to sit because the gate behind

the chute was latched so the line of hogs had no

space to backup. The hog was prodded a third

time. It squealed, ran forward and then ran back

about ten feet with enough force to cause the hog

behind to topple from a sitting position onto its

back. The hog closest to the conveyor continued

to backup over the downed hog and then stepped

on the hog as it walked forward. The downed hog

fell to its side. All four limbs thrashed back and

forth, as it gasped repeatedly. I observed blood on

the floor below its snout. I notified the

establishment manager of the incident. He was

nearby and quickly grabbed the captive bolt

device that is located by the automatic, electric

stunner and stunned the down hog, rendering it

unconscious. Subsequently, I tagged the knock

box with U.S. Reject Tag No. B37601454. I

removed the tag after verbal corrective actions

were proffered by CEO, Jack Zak. This is a

noncompliance with 313.2(a) & (b) for failure to

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 299

EstNbr EstName NR# Date Task TaskName Regs Description Status

minimize discomfort while driving animals to the

stunning area, and for failure to minimize injury

while using a driving implement (electric prod). I

notified Establishment Manager, Andy Zubek, and

CEO, Jack Zak, of the noncompliance and the

issuance of the noncompliance record.

M45705+P

45705+V45

705

Meat

Processing

Career Center

IGR011

102130

6N-1

02/05/2018 04C02 Livestock

Humane

Handling

313.1 On 2/5/2018 at approximately 1312 hours while

performing Humane Handling verification task

HATS category II (truck unloading), I observed the

following non-compliance: When the trailer was

initially backed up, the unloading ramp was

positioned flush with the trailer with no

appreciable gap. As cattle were unloaded a gap

formed, and I observed that the second to the last

steer stepped both front limbs in the gap. After a

few seconds of standing the animal stepped onto

the ramp and continued into the barn with no

signs of harm or distress. The last steer stepped off

the trailer onto the ramp into the barn with no

incident before any corrective actions could be

performed. I notified , of

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

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 300

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45705+P

45705+V45

705

Meat

Processing

Career Center

IGR431

204161

0N-1

04/10/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) On Tuesday April 10, 2018 at approximately 0753

hours, while verifying the establishment’s

stunning effectiveness during pneumatic captive

bolt stunning of beef cattle. The designated

pneumatic captive bolt operator discharged the

captive bolt into the top of the head of the

animal, which resulted in an Ineffective Stunning

Attempt, in which the animal was not rendered

insensible by a single blow. The animal was

observed to remain conscious, remained

standing after the stunning attempt with eyes

tracking and reacting to surroundings. The

designated pneumatic captive bolt operator and

the establishment Penal Workshop Specialist

overseeing the establishments stunning

effectiveness, effectively determined the

Ineffective Stunning Attempt and instantly

without hesitation made the ineffectively stunned

animal unconscious before the animal was

shackled, hoisted or stuck. The establishments’

Ineffective Stunning Attempt was discussed with

. He was

advised to cease stunning operations, with U.S.

Rejected Tag B31999946 applied to the knock

box, until additional information was gathered

from the onsite , and

telephone correlation with the USDA-FSIS

,

and  . Upon

gathering additional information, U.S. Regulatory

Control was relinquished and establishment

stunning operations were allowed to commence.

The establishments’ ineffective stunning attempt,

in which an animal was not rendered insensible by

a single blow to produce immediate

unconsciousness, is noncompliance with the

regulation requirements identified within 9 CFR

313.15(a)(1).

OPEN

(b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 301

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45729+P

45729+V45

729

Westcliffe

Meats LLC

UGM13

100119

05N-1

01/05/2018 04C02 Livestock

Humane

Handling

313.2 On 1-5-18 at 07:19 while performing ante

mortem activities I observed the

following: There were 4 hogs in the North holding

pen with no access to water as the water was

frozen. There were 9 hogs in the South holding

pen with no water at all located in the pen. When

proceeding back to the building to inform the

owner of my findings one of the slaughter

employees was carrying water out to the holding

pens at which time I observed him place water in

both holding pens. Good human handling

practices require animals to have access to water

at all times. The establishment’s current system

for water access appears to be inadequate. Plant

owner Mr. Hank Miller was notified verbally and

in writing in the form of this Non compliance

report.  No tag used. Review of the establishments

previous 90 days of records shows one NR

#UGM4110103825N/1 dated 10-24-17 for same

root cause.

CLOSED

M45564A Central Maine

Meats, LLC

KRJ290

701500

9N-1

01/09/2018 04C02 Livestock

Humane

Handling

313.1 HATS Category I – Inclement Weather At 0701

hours, during the performance of HATS category I,

Inclement Weather verification task, the following

non-compliance was observed. I observed 3 beef

that were being housed in holding pen number 1

and during my observation I saw 2 white plastic 5

gallon water pails filled with frozen water I

personally informed 

that was on site, to the frozen water

pails. A record review revealed no recent similar

noncompliance documented in the past 90 days. 

According to 9 CFR 313.2(e) Animals shall have

access to water in all holding pens.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 302

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45564A Central Maine

Meats, LLC

KRJ480

801461

0N-1

01/10/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 Category III Water and Feed Availability: At 8:00

am on Monday January 8th I observed three beef

animals delivered to the slaughter facility.  Due to

equipment failure issues, the beef were not

slaughtered.  At 8:00 am on Tuesday January 9th I

observed that the same three beef animals did not

have access to feed. This is non-compliance with

9 CFR 316.2(e).  A further review of record did not

indicate that the plant had not documented they

had provided feed. 

and Plant Manager Bill Lovely were notified

that there was no feed and that a non-compliance

record would be issued. A review in PHIS

indicates a similar non-compliance,

KRJ2409102925 was documented on October

25th, 2017 for the same cause.

CLOSED

M45564A Central Maine

Meats, LLC

KRJ581

105050

7N-1

05/07/2018 04C02 Livestock

Humane

Handling

313.2 Category VI – Electric Prod/Alternative Object Use

On May 7, 2018 at 0945 hours, while performing

a routine Livestock Humane Handling Task, the

following non-egregious noncompliance was

observed. A heifer was in the stunning chute and

the rear door was closed. Establishment

employees placed a halter rope around the neck

of the heifer and pulled the rope to pull the head

forward through the squeeze gate. The halter rope

was not being applied as it was designed to in

order to minimize discomfort of livestock in the

stunning area. The establishment employees were

immediately notified to discontinue the

noncompliant activity. 

was notified verbally and visually of the

noncompliance. The establishment is further

notified of this noncompliance by virtue of this

noncompliance record. Review of the PHIS

database does not reveal any similar

noncompliance records in the past 90 days.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 303

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45741 Down Home

Processing, Inc.

GVQ34

130255

14N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) HATS CATEGORY VIII - At approximately 1035,

while performing humane handling verification

procedures, and I observed a

mis-stun of a bovine animal.  The first stun

attempt failed to render the animal insensible to

pain which a violation of 9 CFR 313.16(a)(1).  The

animal moved during the act of shooting and

immediately jumped in a backward motion after

being shot.  The animal raised his head in a fast,

upward direction and thrashed his head once

against the side of the knock box, then lowered it

to a mid-position.  The animal then stood with his

eyes facing forward in a coherent manner (trailing

movements in the vicinity).  The animals breathing

had increased, yet still remained in a rhythmic

pattern.  The animal was in a standing position,

and did not fall to the floor. The slaughter

employee had lined up for an immediate 2nd stun

attempt.  The employee then allowed for the

animal to stabilize its position, prior to the 2nd

stun attempt.  The 2nd stun attempt was

successful.   The firearm used during the stun

attempts is a 357 magnum.  The ammunition used

is 158 grain, hollow point.  I applied USDA

Rejected tag# B43268867 to the knock box.  

Plant Manager, Alex England stated that he would

conduct a staff meeting with his employees to

discuss what happened and to retrain them.  After

notifying the supervisory chain of command and

receiving corrective actions from plant

management, the knock box was released to plant

management personnel at approximately 1053.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 304

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45843+P

45843+V45

843

Conger Meat

Market, LLC

GNS331

302301

3N-1

02/13/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii), 313.2

On 2/13/18 at approximately 1215 hours while

performing a Humane Handling Task, observing

HATS Category VIII (Stunning Effectiveness) on a

Holstein Steer, I observed the following

noncompliance in HATS Category VII – Slips and

Falls. The steer walked into the knock box and an

establishment employee closed the metal chute

door behind him. Inside the knock box there was a

wooden box with the dimensions 36” tall in the

front X 50” tall in the back X 29” wide, that was

located at the front of the knock box to help assist

with head placement. This wooden block has been

a temporary fix in use since 01/31/18 to help limit

mobility of the animal’s head for more accurate

stun placement. Prior to any stunning attempts, I

observed the steer jump up with its front two legs

on top of this wooden box and back down to the

cement below approximately 2-3 times. On the

last jump down from the box, the steer slipped on

thin layer of ice approximately 2ft. X 3ft. in size

that had formed on the cement underneath and

towards the back of the knock box near the metal

chute door. The knock box is directly connected to

the outside temperatures which were at 26

degrees F (www.localconditions.com). The steer

landed with force in a sternal recumbent position

with a loud audible sound, landing on its front

wrists. The steer was pinned between the metal

chute gate behind him and the wooden box. After

the steer went down on all fours, I noticed it had

bloody abrasions approximately 2” X 2” in size on

each of its wrists from when it fell down. The

animal struggled to get up for approximately 25

minutes while establishment employees tried to

nudge the steer to rise with their hands.

Establishment employees used metal hooks to

pull the wooden box up and out of the knock box

to give the steer more space to stand up; they also

placed ice melt on the cement surrounding the

steer to try and melt the ice buildup. At 1256

hours, with a couple taps from a rattle paddle, the

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 305

EstNbr EstName NR# Date Task TaskName Regs Description Status

steer stood up and was stunned effectively with a

captive bolt device. I notified Plant Manager, Mr.

Jeremy Johnson (who was present) of my

observations and my intent to issue this NR. This

was the last animal to be slaughtered for the day,

thus no further regulatory control actions were

deemed necessary. The establishment is

noncompliant with the regulatory requirements of

9 CFR 313.2(a) and 313.15(b)(iii) for not having a

stunning area designed, constructed, and

maintained as to limit the free movements of

animals which allowed the steer to slip and fall

causing the animal excess excitement and

discomfort.
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 306

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45843+P

45843+V45

843

Conger Meat

Market, LLC

GNS451

002301

6N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.2,

313.30 (a)(2)

On 02/14/18 at approximately 1000 hours while

performing a Humane Handling Verification Task

to verify HATS Category VIII (Stunning

Effectiveness) and IX (Consciousness on the Rail), I

observed the following noncompliance during the

stunning of a hog. While in the restraining pen

before slaughter, the hog knocked the pin out

from the gate that secured the gate to the wall.

The two and tried

unsuccessfully for about one minute to get the pin

back in the wall. However, they chose to proceed

with head stunning while held the gate close

to the wall. This allowed the animal more range of

motion than is typical. The establishment typically

uses an electric wand to perform a head stun first

and then a heart stun immediately afterwards to

achieve unconsciousness of swine animals. As the

establishment employee began stunning the pig, I

heard a loud squeal as the v shaped prong

touched the animal behind the ears, the employee

continued to make contact with the animal and

the animal dropped to the ground while the

stunner was in contact. then performed the

chest stun to finish the stun. While I could not

view the animal’s head from where I was standing,

I did not hear any more squealing following the

initial squeal nor did I see any righting reflexes.

The animal did grunt and exhibit non-coordinated

muscle movements during this period, but no

specific signs of consciousness were seen. The

grunts heard were soft, expiratory grunts and did

not appear to be made consciously and

shackled and raised the chain approximately

a half foot off the ground, but lowered the hog

immediately as it continued to grunt and exhibit

non-coordinated muscle movements. The

employee re-stunned the animal behind the ears

at which point the movements and grunting

ceased, raised the animal, and cut the throat. I

discussed the stunning incident with and he

provided verbal corrective actions. Slaughter

CLOSED

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 307

EstNbr EstName NR# Date Task TaskName Regs Description Status

operations resumed and the four remaining hogs

were all stunned effectively on the first stunning

attempt.  I later notified Plant Manager Mr.

Jeremy Johnson of my findings and my intent to

issue this NR. Due to the fact that the animal was

not rendered unconscious with a minimum of

excitement and discomfort, the establishment is

noncompliant with the regulatory requirements

set out in 9 CFR313.2(a) and 313.30(a)(2) which

emphasize the importance of minimizing

excitement and discomfort to the animal.

M45843+P

45843+V45

843

Conger Meat

Market, LLC

GNS161

604261

9N-1

04/19/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 1235 hours while performing

Humane Handling Verification to verify HATS

Categories VIII (Stunning Effectiveness) and IX

(Consciousness on the Rail), I observed the

following noncompliance during the stunning of a

goat. In the knocking pen, a plant employee

restrained a goat while the slaughter floor

supervisor and ,

attempted to stun the animal with a hand-held

captive bolt device on the goat’s forehead. The

first stun was ineffective as the goat remained

conscious and did not drop to the floor, and

vocalized twice. took immediate corrective

actions using the back-up hand-held captive bolt

device making a second stunning attempt,

effectively rendering the goat unconscious with a

stun to the forehead. Upon examination of the

skinned and split head there were two distinct

wounds; one stun wound tract located rostral to

the brain, missed the brain by approximately 1⁄2”

and a second went directly into the brain. I

immediately placed U.S. Reject tag #B30317546

on the knocking pen and notified Plant Owner Mr.

Jeremy Johnson of my observances and my intent

to issue this noncompliance report. Slaughter

operations were allowed to continue after

 provided me with verbal

preventative measures. The establishment is

noncompliant with the regulatory requirements

set out in 9 CFR 313.15(a)(1).

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 308

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45853+P

45853

Hemlock Hill

Farm

EGQ381

302162

8N-1

02/28/2018 04C02 Livestock

Humane

Handling

313.2(f) HATS VIII, Stunning effectiveness During the

DVMS humane handling verification visit the

following noncompliance was observed: on the

third swine being stunned with the electrical

stunner the animal was ineffectively stunned as

evidenced by vocalization, voluntary movement,

and rhythmic breathing. The plant immediately

stunned the animal with the back up hand held

captive bolt device. This is non-compliant with

Title 9 CFR 313.30 (a)(1).

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 309

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45856+V

45856

Prime Pork LLC ODB02

110224

15N-1

02/08/2018 04C02 Livestock

Humane

Handling

313.2 On February 8, 2018 at approximately 0625

hours, while performing a HATS Category IV Task

(Handling During Ante-mortem Inspection) with a

 Hats Category III Task (Water and Feed

Availability), the following noncompliance was

observed in the barn: Pen 10 was divided by a

gate, with hogs on each side.  In the half of the

pen closest to the center alley, the hogs were all

laying down.  No obvious floor space was visible,

and approximately 3 hogs were lying partially on

top of other hogs.  There was no room in this half

of the pen for hogs to lie single file.  For hogs to

access the available water they would have had to

walk on top of other hogs to do so.  The pen card

for pen 10 documented a scale time of 1344

hours (1:44PM) indicating the hogs had been held

overnight at the establishment.  On the other side

of the gate of pen 10, the hogs had visibly more

square footage per hog, and there was obvious

visible free floor space.  Ante-mortem examination

was withheld until the establishment addressed

the overcrowding in the above mentioned portion

of pen 10. This observation is noncompliant with

9 CFR 313.2 (e).  

 was notified of the forthcoming

noncompliance record. At the same time,

additional pens of hogs in the barn were noted to

have no additional space.  Pens 8, 16, 18, 19, and

20 were divided by a center gate.  The portion of

the pens closest to the center alley had no

obvious amount of sizeable, visible floor space

when all the hogs were lying down. While this

observation does not constitute a noncompliance,

the lack of visible floor space present in pens

demonstrates a trend toward overcrowding.  IPP

have previously discussed overcrowding and pen

capacities with the establishment management

and these discussions are documented in the

weekly meeting minutes on 12/06/17 (MOI

ODB3907123707E) and on 02/07/18 (MOI

ODB1912023509G).

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 310

EstNbr EstName NR# Date Task TaskName Regs Description Status

M34554 Wilson Farm

Meats, Inc.

ORQ10

080140

25N-1

01/24/2018 04C02 Livestock

Humane

Handling

313.15(a)(2),

313.2

On 1/24/18, at approximately 8:30 am, while

observing HATS Category VI (Electric

Prod/Alternative Object Use), I observed the

following noncompliance.  A beef was brought

into the knock box.  The animal was balking at the

head gate, refusing to step forward.  An

establishment employee was using a "hot shot"

electric prod to drive the beef into the head gate. 

With several taps of the electric prod, the beef

was almost to the head gate.  The employee then

held the electric prod on the beef's rump for

several seconds, causing the beef to squish itself

up into the head gate and bellow in discomfort. 

The beef was immediately stunned. 

applied US Reject tag # B36774627 to the knock

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

313.2(b), and 313.15(a)(2). The 

 and were

notified of the noncompliance.

CLOSED

M34554 Wilson Farm

Meats, Inc.

ORQ10

080140

25N-2

01/24/2018 04C02 Livestock

Humane

Handling

313.30(a)(1) On 1/24/18, at approximately 10:45am, while

observing HATS category VIII (Stunning

Effectiveness); observed the

following noncompliance.  The stunner operator,

utilizing a scissors-type electrical stunning wand,

placed the electrodes on the head of a market

hog.  Immediately upon placement, the hog

exhibited rigor and began falling over.  The

electrodes slipped off the head of the hog and the

hog immediately began to squeal.  The stunner

operator immediately replaced the electrodes on

the hog's head, and effectively rendered the hog

insensible.  tagged the knock box with US

Reject Tag # B36774629.  This is noncompliance

with 9 CFR 313.30(a)(1).  

 was notified of the noncompliance.

CLOSED

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

(b) (6)

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 311

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51252 LaCoe's

Custom

Butchering

LLC - Carey

Plant

UYF451

302440

1N-1

02/01/2018 04C02 Livestock

Humane

Handling

313.2 On February 1, 2018, at approximately 1400

hours while performing humane handling

verification activities at Est. 51252, I observed the

following noncompliance. In the outside holding

pen, on the establishment's official premises, a

bull was noted inside the holding pen with two

turned over and empty white buckets

(approximately 5 gallon capacity sized). This is

noncompliant with 9CFR313.2(e) which states in

part that "animals shall have access to water in all

holding pens". Plant owner, Mr. Scott LaCoe and

, were

notified of this noncompliance.

CLOSED

M45919+P

45919

Circle C Farm

Abattoir &

Butcher Shop,

LLC

QWL33

060457

10N-1

04/10/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) Category VIII Stunning Effectiveness On 4/10/18

at approximately 0715 hours after performing

antemortem inspection I observed a mis-stun on a

market hog. The animal was being stunned by gun

shot where it moved it's head just as the stun was

being applied resulting in the animal not being

rendered unconscious. The person performing the

stun by gunshot immediately applied a second

shot where the animal was then made to be

insensible. I notified establishment owner Mr.

Manny Cruz about the non-compliance. 9 CFR

313.16(a)(1) states in part: The firearms shall be

employed in the delivery of a bullet or projectile

into the animal so as to produce immediate

unconsciousness in the animal by a single shot.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 312

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45928+P

45928

Central

Missouri

Meat &

Sausage

CRN381

902560

1N-1

02/01/2018 04C02 Livestock

Humane

Handling

313.2 HATS Category III – Water Availability On

February 1, 2018 at approximately 1845 hours

while performing the Livestock Humane Handling

Task for water availability, I )

observed a pen of cattle did not have access to

water. I observed the two water containers that

were in the pens to be empty. I immediately

verbally notified a plant employee of the

noncompliance and at that time, he replenished

the water for the cattle. Mr. Cory Hawkins

(Owner/Operator) was notified of the

noncompliance and that a Noncompliance Record

(NR) would be issued. This shows a failure to meet

regulatory requirement 9 CFR 313.2(e). A review

of recent NR’s does not show any similar

noncompliances.

CLOSED

M45928+P

45928

Central

Missouri

Meat &

Sausage

CRN180

902481

5N-1

02/14/2018 04C02 Livestock

Humane

Handling

313.30(a)(1),

313.30(a)(3)

HATS VIII—Stunning Effectiveness On

02/14/2018, at approximately 1300 hours, I,

, observed a stun failure on a

hog in the establishment’s slaughter area. After an

establishment employee applied the initial stun

with an electrical stunner, which appeared to be

effective until the electrical wand was removed

the hog vocalized and started to crawl. The

establishment employee immediately applied a

captive bolt effectively rendering the animal

unconscious with the second stunning attempt. 

This noncompliance is a failure to meet the

regulatory requirements of 9

CFR313.30(a)(1) & (3). 

 informed 

 Cory Hawkins, Plant Owner, that a

noncompliance record would be issued.

CLOSED

(b) (6)

(b) (6) (b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 313

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL471

302272

2N-1

02/20/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 HATS Task Category VII (Slips and Falls).  On

February 20, 2018 at approximately 1130 hours I,

, was performing ante-mortem

inspection with establishment owner, Larry Ward,

when the following noncompliance was observed. 

Mr. Ward initially presented four dairy cows from

 for ante-mortem inspection.  He slowly

moved the cattle from the holding pen into the

alleyway.  The first Holstein to exit the pen slipped

and fell in the alleyway on the ice on all four legs

with hind legs splayed and struggled to rise while

the third Holstein cow in line slipped and fell on

the ice in the alleyway on her hind legs.  Both

cows were able to rise and were further moved

into the round crowd pen. Mr. Ward next

presented five dairy cows from Oak Valley Dairy

for ante-mortem inspection.  He slowly moved the

cattle around within the holding pen to present

both sides with no incidences. Mr. Ward then

presented eleven dairy cows from Dry Creek Dairy

for ante-mortem inspection.  He slowly moved the

cattle from the holding pen into the alleyway. 

One of the Holstein cows within the middle of the

group slipped and fell on the ice upon entrance

into the alleyway on her hind legs.  She was able

to rise and continue to move up the alleyway. 

The establishment did not implement any

preventive measures to help eliminate the ice

hazard in the pens and alleyways. I verbally

informed Mr. Ward (establishment owner) that a

humane handling noncompliance would be

documented. A review of the establishment’s

compliance history failed to reveal any associated

noncompliance.

CLOSED

(b) (6) (b) (4)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 314

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL141

704251

9N-1

04/19/2018 04C02 Livestock

Humane

Handling

313.2 On Thursday, April 19, 2018 at approximately

3:09pm, I, , while

performing routine ante-mortem inspection,

observed the following noncompliance:  Four (4)

cull dairy cows presented for ante-mortem in Pen

#2 did not have any water.  There was a water

barrel present which contained some moisture in

the bottom, but was otherwise completely void of

liquid.  I immediately notified the responsible

Establishment pen personnel.  About the same

time, the Slaughter Supervisor came out to the

ante mortem pens.  I showed him the empty

water container and informed him that an NR

would be issued.  I then notified 

 of the non-compliance

who took immediate action and filled the water

container in Pen #2.  A review of previous

noncompliance show no other NRs with the same

root cause in the last 90 days.

CLOSED

(b) (6)

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 315

EstNbr EstName NR# Date Task TaskName Regs Description Status

M45948 Ida-Beef LLC AKL231

004503

0N-1

04/27/2018 04C02 Livestock

Humane

Handling

313.2 On Friday, April 27, 2018 at approximately 1450

hours, I, , was covering

the online slaughter inspection duties when I was

asked to perform ante-mortem inspection on

cattle outside in the holding pens.  I proceeded to

the holding pens and observed the following

noncompliance.  There were three dairy cows in

pen number three and two water barrels present,

but no water in either barrel.  There were three

dairy cows in pen number four and two water

barrels present, although one of the barrels

contained some moisture in the bottom, but both

barrels were otherwise dry.  I immediately notified

the establishment pen personnel who was by my

side that a noncompliance would be issued for no

water provided to the cattle.  Another

establishment person began filling the barrels

with water, therefore I did not apply a U.S. Reject

tag.  A supervisor was not readily available, so I

proceeded back to the slaughter floor and

informed QC personnel that a humane handling

noncompliance would be issued for not providing

water to the cattle in the holding pens. A review

of previous noncompliance records reveals a

noncompliance of same root cause issued on April

19, 2018 (NR# AKL1417042519N) indicating

further establishment preventative measures were

poorly implemented or ineffective.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 316

EstNbr EstName NR# Date Task TaskName Regs Description Status

M48226 American Halal

Meat

MEN32

130113

17N-1

01/17/2018 04C02 Livestock

Humane

Handling

313.16(a)(1),

313.16(a)(3)

Category VIII “Stunning Effectiveness” On

January 16, 2018 at approximately 14:00 hours,

while conducting a routine Livestock Humane

Handling Verification Task HATS category

“Stunning Effectiveness”, 

observed the following noncompliance. 

Establishment Owner Muhammad Qayyum shot a

veal with a 9mm pistol, after the initial shot the

beef remained standing. Mr. Qayyum immediately

delivered a second shot that effectively rendered

the animal unconscious.  At that time 

notified his supervisor of the incident.  After

investigation of the incident by plant

management it was determined that both shots

had penetrated the skull and the initial shot was

approximately  1inch below, and 1 inch to the

right of the  center of the skull.  At this time 

informed Establishment Owner Muhammad

Qayyum verbally and this record serves as written

notice of  the establishments inability to meet the

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

&(3). After reviewing the records for the previous

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

CLOSED

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

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 317

EstNbr EstName NR# Date Task TaskName Regs Description Status

M791C Clemens Food

Group, LLC

QCF191

301480

2N-1

01/02/2018 04C02 Livestock

Humane

Handling

313.2 HATS CATEGORY II—TRUCK UNLOADING At

approximately 1250 hour on 1/2/2017 after

performing ante-mortem inspection on a pen on

the west side of the barn, I observed

noncompliance with Humane Slaughter of

Livestock, Handling regulatory requirements. 

After completing ante-mortem inspection, I

looked north down the west barn alley toward

swine unloading bay one.  I observed an

establishment employee gently push a standing

hog down a trailer ramp from the top deck of the

trailer.  The employee moved the hog to the point

where the back half of the hog was on the trailer

and the front half of the hog was on the unloading

bay dock.  The employee then moved to the front

of the hog, grabbed both ears of the standing hog,

and gave one big yank to pull the hog the rest of

the way off the trailer.  This finding illustrates

noncompliance with 9 CFR 313.2 (a) because a

hog was not driven from an unloading ramp to a

holding pen with a minimum of excitement and

discomfort. In response to this finding, I

immediately took regulatory control action and

rejected the drop gate at the alley leading to

stunning area with reject tag 36787183, per 9 CFR

313.50 (b).  I then immediately notified 

 of this action and my findings.  By

approximately 1300 hour, establishment

management provided me with verbal corrective

actions, which included suspension of the

employee involved until an investigation was

complete and additional training of animal

handling employees.  I then released the

regulatory control action.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 318

EstNbr EstName NR# Date Task TaskName Regs Description Status

M791C Clemens Food

Group, LLC

QCF531

002431

3N-1

02/13/2018 04C02 Livestock

Humane

Handling

313.2 HATS category IV  While en route to perform a

HATS category V verification task at

approximately 0755 hours I observed a struggling

hog on top of another hog, at the entry from the

alleyway (2nd/last section of the serpentine) to

the staging area just outside the gondola, with its

snout caught in an approximately 4-5” opening

between the wall at the end of the alleyway and

the partially closed gate. , who was

with me at the time but at a different vantage

point, observed the gate close upon this hog’s

snout. This hog did back up and free itself after an

operator coaxed it back with a rattle paddle, at

which time the gate fully closed. The gate was

never observed to retract after hitting this hog’s

snout. I immediately placed a US Reject tag (No.

B37602013) upon the control box for the west

CO2 stunner until an initial assessment of the

situation could be accomplished (the total time

the US Reject tag was applied was approximately

2 minutes). This incident demonstrates

non-compliance with 9 CFR 313.2(a) which states,

in part, that the “Driving of livestock from the

unloading ramps to the holding pens and from the

holding pens to the stunning area shall be done

with a minimum of excitement and discomfort.”

 was notified

that an NR would be issued.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 319

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51283 Dean & Peeler

Meatworks LLC

YWH43

120556

09N-1

05/08/2018 04C02 Livestock

Humane

Handling

313.1 At approximately 7:15 AM, while conducting a

Livestock Humane Handling Task, I noticed there

was no water in the water trough. I immediately

notified Plant Owner Dustin Dean and informed

him that there must be water at all times provided

while animals are in the holding pens as well as

throughout slaughter. He proceeded to take

corrective actions and fill up the water trough.   

The above issues were not in compliance with the

following regulations from 9 CFR: 313.2(e)

“Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed. There shall be sufficient room in the holding

pen for animals held overnight to lie down.”

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 320

EstNbr EstName NR# Date Task TaskName Regs Description Status

M630 CS Beef

Packers, LLC

KJN590

903342

9N-1

03/29/2018 04C02 Livestock

Humane

Handling

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

approximately 0715, while observing 

 knock a non-ambulatory beef cow

in the pens at CS Beef, Est. 630, I, ,

observed the following non-compliance. 

 failed to effectively stun the

non-ambulatory beef cow with the first stunning

attempt. The ineffective first stunning attempt

was properly placed, however it did not render

the beef cow unconscious. The beef cow did not

exhibit signs of distress and did not vocalize. 

 was patient and used the

available back-up loaded captive bolt device to

effectively stun the beef cow on the second

attempt within approximately 30 seconds. 

 followed the establishment’s

written robust humane handling program. 

 was immediately

informed that this incident was a non-compliance

and would be documented as a non-egregious

non-compliance. and

 were both

informed as well. 

immediately retrained . 

The establishment is currently operating with a

written robust systematic approach to humane

handling. Upon review of non-compliances over

the last 90 days, association is not required.

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 FOIA2018-328 09:14 Tuesday, May 29, 2018 321

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51300+P

51300

Phillips

Processing

Plant

CRT251

002540

9N-1

02/09/2018 04C02 Livestock

Humane

Handling

313.2 On 2/9/2018 at approximately 1027 hours while

performing Humane Handling verification task

HATS category II (Truck unloading), I observed the

following non-compliance: A trailer containing

two pigs was unloaded over an estimated one foot

step down. The first pig unloaded with no slips or

falls. The second pig balked at the entrance to the

trailer. The owner entered the trailer to assist in

unloading. I observed the sow manipulated so

that she was perpendicular with the ground, head

towards the ground and hind limbs in the air, with

the owners hand on the tail. I observed the sow

fall out of the trailer onto her side where she

stood up and quietly walked to the pens with no

limping or other signs of injury. I took regulatory

action and placed US Reject tag #B41951315 on

the knock box. I informed the Plant owner, Mr.

Dale Phillips, of the non-compliance with 9 CFR

313.2(a). I removed regulatory action after

receiving immediate corrective actions.

CLOSED

M46085+P

46085

Stevens

Abattoir Inc.

CXM08

110132

22N-1

01/22/2018 04C02 Livestock

Humane

Handling

313.2 **Category III- Water and Feed Availability (9 CFR

313.2)** On 1/22/2016, at approximately 930

AM, while conducting official inspection duties at

Steven's Abattoir, the following Livestock Humane

Handling violation was observed: ** In the

holding pens, there were 3 cows and 6 hogs being

held without any water. In the far right pen, there

were 5 hogs with an empty water trough. In the

middle holding pen, there was one hog without a

trough and in the left holding pen, there were 3

cows with an empty trough; thus, leaving the

animals with no access to water. All animals must

have access to water at all times while in the

holding pens. No regulatory action was taken on

the facility due to the management's immediate

response in providing water to the animals. 

Darren Stevens, Plant Owner was notified of this

finding and of the establishment's failure to

comply with 9 CFR 313.2

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 322

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46085+P

46085

Stevens

Abattoir Inc.

CXM38

140450

09N-1

04/09/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 11:15 AM on 04/09/2018 at

Steven Abattoir ( TA46085). While identifying

humane handling category 8, stunning

effectiveness, IIC and observed a

missed stun on a steer .  Both IIC and were

standing in an adjacent room (gut room) while

Darren Stevens (owner) used a captive bolt on a

steer in the knock box.  As soon as Plant owner

turned around a worker notified Mr. Stevens that

the animal was still standing.  Hunter entered the

room and noticed the animal was blinking and

looking around the room.  The animal was

conscious.  Darren Stevens quickly re-loaded the

charge on the captive bolt and “knocked” the

animal a second time.  This stun was successful. A

regulatory control action was taken in the form of

an U.S. Rejected tag placed on the Knocking Box

(Tag Number: B37241505). Darren Stevens (Plant

Owner) was notified of the non- compliance and

Failure to comply with 9 CFR 313.15(a)(1). Plant

owner took verbal corrective action prior to the

U.S. rejected tag (B37241505) being removed.

CLOSED

(b) (6) (b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 323

EstNbr EstName NR# Date Task TaskName Regs Description Status

M51309+V

51309

Texas Packing

Co.

OLR401

005160

2N-1

05/01/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On May 1, 2018 during a plant visit at Texas

Packing Establishment M51309, I found the

following noncompliance with the code of federal

regulations: At 10:00 am I discovered cattle in

pens with no access to water. I rejected pens 42,

40, 36, 34, 32, 28, and 26 with US Reject tags

B39030782 and B39030783. Title 9 CFR part 313

requires animals have access to water in all

holding pens. Plant Manager Jorge Correa was

notified of this noncompliance with federal

regulations. 313.2 Handling of livestock. (e)

Animals shall have access to water in all holding

pens and, if held longer than 24 hours, access to

feed. There shall be sufficient room in the holding

pen for animals held overnight to lie down. At

12:20 pm I observed a cow that had become stuck

in a man escape gap in the alleyway next to pen 4.

The cow was stunned and bleed out by the

establishment. The pipe fence was cut to allow

remove of the animal. The alley way next to pen 4

was rejected with US Reject tag B39030784 until

the gap in the pipe fence could be repaired. Plant

Manager Jorge Correa was notified of the

noncompliance with federal regulations. 313.1

Livestock pens, driveways and ramps. (a) Livestock

pens, driveways and ramps shall be maintained in

good repair. They shall be free from sharp or

protruding objects which may, in the opinion of

the inspector, cause injury or pain to the animals.

Loose boards, splintered or broken planking, and

unnecessary openings where the head, feet, or

legs of an animal may be injured shall be repaired.

At approximately 12:45 I observed 7 head of

cattle that had been driven into a triangular area

leading to the drive chute to the knocking box.

There were five plant employees in all directions

on the fencing around the cattle. These plant

employees were all yelling loudly and hitting the

cattle with plastic paddles. There was not enough

room for the cattle to turn around in the area so

they could enter the chute in a head-first

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 324

EstNbr EstName NR# Date Task TaskName Regs Description Status

direction. I stopped the activity and rejected the

drive chute to the knock box with US Reject tag

B39030785 until the establishment could proffer

corrective actions. 

 was notified of the noncompliance with

federal regulations. Title 9 CFR 313.2 Handling of

livestock states: (a) Driving of livestock from the

unloading ramps to the holding pens and from the

holding pens to the stunning area shall be done

with a minimum of excitement and discomfort to

the animals. Livestock shall not be forced to move

faster than a normal walking speed. (b) Electric

prods, canvas slappers, or other implements

employed to drive animals shall be used as little

as possible in order to minimize excitement and

injury. Any use of such implements which, in the

opinion of the inspector, is excessive, is

prohibited.

M51309+V

51309

Texas Packing

Co.

OLR371

605240

9N-1

05/09/2018 04C02 Livestock

Humane

Handling

313.1 On May 8, 2018 at approximately 1000 hours, I

observed 45 head of cows come off the truck and

penned at Texas Packing. The cattle were

slaughtered beginning at approximately 1345

hours on May 9, 2018. These cattle were not

given any feed during this period which exceeded

24 hours.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 325

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46139 Cypress Valley

Meat

Company 1,

LLC

UIV131

303512

0N-1

03/20/2018 04C02 Livestock

Humane

Handling

313.1 On 3/20/18 at approximately 0810 while

performing ante mortem inspection in the pen

area from the alleyway, the following

noncompliance was observed: There are metal

slats bolted down to the concrete in the pens and

alleyways to help provide good footing, however

between pens 3 and 4 is a small dip in the flooring

that has allowed the slatting to rise approximately

an inch.  This area could easily allow smaller or

longer hooves to slip underneath it thereby

creating an opening where the feet of animals

may be caught causing trips or injuries. This was

brought to the attention of Mr. Keith Crow  and

Mr. Bennie Jones, Co-Plant Managers.  They were

verbally informed a US Reject tag was being

applied to the pens and they proceeded to the

pen area.  US Reject Tag #B42001485 was being

authenticated as they tried to bend the metal into

place with a hammer, which failed, and the

establishment realized they could utilize the first

entry door to pens 3 and 4 to unload all animals

into and then bring them back into the alley by

the opposite door, which allows animals to bypass

this location.  This was found acceptable for to

prevent animals from passing over this opening. 

Additionally, the establishment is retrieving a drill

bit and additional bolts to allow them to drill the

slats and secure it to the flooring.  They will use

the bypass method until this repair can be made.

A review of records reveals no recent NRs to be

associated with this noncompliance.

CLOSED
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 326

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46139 Cypress Valley

Meat

Company 1,

LLC

UIV590

903503

0N-1

03/30/2018 04C02 Livestock

Humane

Handling

313.1, 313.2 On 3/30/18 at approximately 0810 hours, while

performing ante mortem inspection in the

livestock pen area, the following noncompliance

was observed: In pen 1, which was empty,  the

metal floor grating which is used to prevent

slipping and falling, was broken and sticking up

approximately one inch above the surface of the

floor.  There was no indication that the

establishment was aware of this issue, since there

was no identification on the pen that it should not

be used.  US Reject Tag # B42001486 was applied

to the pen doors as we were expecting delivery of

additional animals today.  Also, Pen 5 contained

two cattle which were delivered prior to end of

operations 3/29/18. The water tub for the animals

was empty and the bottom of the tub was

actually dry.  

, was shown these noncompliances and

took immediate action to provide water to the

two cattle in Pen 5.  Mr. Benny Jones, Co-Plant

Manager, was also shown these noncompliance.   

At approximately 0900, Mr. Jones informed IPP

that he had addressed the grating issue.  This was

verified and the US Reject tag was removed at

approximately 0908. Mr. Chris Shaw, Co-Plant

Manager, was verbally notified the tag was

removed. A review of records reveals a similar

noncompliance was documented on 3/20/18 in

NR #UIV1313035120N/1 which stated the floor

grating was raised and needed repair.  The

establishment's corrective actions

were inadequate to prevent this noncompliance

from recurring.

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 327

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46139 Cypress Valley

Meat

Company 1,

LLC

UIV091

504291

0N-1

04/10/2018 04C02 Livestock

Humane

Handling

313.16(a)(1) On 4/10/18 at 1314 hours while performing a

Routine Livestock Humane Handling Verification

Task, the following noncompliance was observed: 

A young bull was loaded into the knocking box

and a .410 ga firearm was used as the stunning

method.  A shot was fired and the animal was

observed still in the standing position with its

head moving about.  The employee was observed

immediately preparing for a second stun.  The

time was noted and approximately forty-five

seconds passed before the second shot was fired. 

The second shot appeared effective as the animal

was observed to have dropped in the knocking

box with eyes fixed, mouth open and tongue

slightly out.  Mr. Bennie Jones and Mr. Keith Crow,

Co-Plant Managers, as well as 

 were verbally notified of this

noncompliance.

OPEN

M48277 WJ

Wainwright

and Son, Inc

YAQ121

201543

0N-1

01/30/2018 04C02 Livestock

Humane

Handling

313.15(b)(1)

(iii)

At approximately 8 AM was

performing a humane handling check and

observed on the swing gate of the knock box an

area of approximately  two feet in length at the

very bottom bar to be broken and damaged

/completely missing, on the outer edge. Plant

management was notified both verbally and with

this written N/R. There were no animals injured

from this noncompliance.

(b) (6)

CLOSED

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 328

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46170+V

46170

Quapaw Food

Services

Authority

IMQ461

405160

8N-1

05/08/2018 04C02 Livestock

Humane

Handling

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

May 8, 2018, I, was verifying

effectiveness of market hog stunning on the

slaughter floor.  I observed on the last hog of the

day, the stun operator administered a captive bolt

knock.  I heard the knock and observed the hog

did not go down and I could observe a mark on

the hog’s forehead where the first knock

occurred.  The stun operator had another backup

captive bolt gun ready and on hand and

immediately administered a second blow which

was effective.  I verbally informed Mr. Wade

Payne, plant manager I would issue a

noncompliance record for the failure to render the

hog insensible with a single blow.  A review of

previous noncompliance records does not indicate

a trend is developing.

OPEN

(b) (6)
Table: Noncompliance Reports in Response to FOIA2018-328 09:14 Tuesday, May 29, 2018 329

EstNbr EstName NR# Date Task TaskName Regs Description Status

M46235+P

46235+V46

235

Hewitt's Meat

Processing, Inc.

UEP381

103172

1N-1

03/21/2018 04C02 Livestock

Humane

Handling

313.15(a)(1) At approximately 0740 hours, while observing

HATS Category VIII, Stunning Effectiveness, 

, and

observed the following non-compliance: We

observed an establishment employee use a

hand-held captive bolt device to stun a beef cow

in the restrainer.  The cow was still conscious after

the first stun attempt as it remained standing and

looking around.  The stunner immediately

reloaded the hand-held captive bolt device with

readily available ammunition and immediately

and effectively rendered the animal unconscious

on the second stun.  The stunner than

immediately reloaded the hand-held captive bolt

device with readily available ammunition and

applied a poll security stun to the unconscious

animal.  Stunning was verbally discontinued until

an establishment employee skinned and split the

head to determine why the initial stun was

ineffective.  Once the head was skinned there

were two distinct stun wounds visible on the

frontal bone.  One wound was approximately 1 to

2 cm above an intersection if lines were drawn

from the medial canthus of the eye to the base of

the opposite ear.  The second stun wound was

approximately 2 cm to the left of the first wound. 

When the head was split to expose the brain, the

first wound tract angle indicated the bolt came

into contact with the rostral portion of the brain. 

The second stun wound tract angle was

approximately 2 cm rostral to the brain.  The

establishment employee discussed preventive

measures and stunning was allowed to resume. 

Mr. John Franseen, Establishment Owner, and 

, were verbally notified of

the forthcoming non-compliance with the

regulation 9 CFR 313.15(a)(1).

CLOSED

(b) (6)

(b) (6)

(b) (6)