Bowman's Butcher Shop, LLC: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.2

On August 12, 2021, while performing a Humane Handling review and observation task to verify compliance with HATS Category III, Water and Feed Availability, I, Inspector REDACTED, observed the following: The barn held two beef in pen #1 and 20 lamb in a 2nd pen at the time of performing the task. The beef had a water container in the stall with wet straw in the bottom, no water was available to drink. The pen containing the lamb did no have water or a water container. This observance is noncompliant with regulation 9 CFR 313.2(e), which requires that water be accessible to livestock in all holding pens, and that animals held longer than 24 hours have access to feed. I informed two slaughter employees regarding my findings and I observed the employees supply the animals with water. I later informed Alice Schott, Owner of the findings. This NR is similar to previous noncompliance #ZOP1309072516N/1, documented on 7/16/2021. The establishments preventive measures of instructing employees to periodically check pens to ensure animals always have access to water was either not implemented or ineffective in preventing reoccurrence of this noncompliance. Upon speaking with Ms. Schott on the reoccurrence of this noncompliance, she stated that she will specifically have her trained slaughter floor supervisor in charge of visually verifying water availability at an increased frequency daily when animals are present. She also stated that she will immediately ensure that all water containers are properly secured to the pen so that animals held-over cannot tip them over or kick them around into another pen. A copy of this noncompliance will be supplied to the establishment for record keeping.

313.2

On 07/16/2021 at approximately 07:04hrs IPP observed the following non-compliance while performing Humane Handling. Upon entering the holding pen area IPP observed 3 cattle that were being held. During further observation IPP noted that the 2 cattle being held in the smaller pen did not have access to water due to the blue bucket in the pen was turned upside down. Establishment employee REDACTED was immediately notified of the non-compliance and the cattle were released from the smaller pen into the larger pen that had a container of water available. This is a non-compliance with 9 CFR 313.2 (e). 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.

313.16(a)(3)

On April 28, 2021 at approximately 1220 hours, while performing the Livestock Humane Handling Verification Task on the Kill Floor, I, CSI REDACTED, along with Food Inspector REDACTED, observed the following: A heifer was driven into the knock box and shot by Supervisor REDACTED for the purpose of stunning. Immediately afterwards, Mr. REDACTED came out from the stunning area and released the animal from the knock box onto the Kill Floor to prepare it for hoisting. During this process, as Mr. REDACTED moved in to shackle the back legs, Ms. REDACTED and I observed that, although the animal was quiet at this point, it appeared to only be disoriented as there was back and forth movement of the eyes and the animal was attempting to right itself with its leg movement and by its rocking back towards the knock box. Being that this process was moving along very swiftly, the animal was shackled and partially hoisted when we called out to Mr. REDACTED letting him know that there was eye movement and that complete unconsciousness had not been achieved. At that point, Mr. REDACTED quickly retrieved the rifle, a .22 magnum, and shot the animal a second time. Afterwards, we pointed out that there was still eye movement, however, with the animal fully hoisted, Mr. REDACTED delivered the kill cut to the carotid artery/jugular vein. As he did so, we heard what sounded like a bellow coming from the animal as the cut was initially being made. Observations of the head after skinning revealed that one shot administered for stunning was properly located while the other was way off to the right above the eye. According to owner Alice Schott, Mr. REDACTED believes that the first shot was on target and that the animal was unconscious, however, with the back and forth eye movement (even without evident tracking) along with the animal's attempt to right itself, the stunning process was shown to not be fully effective. For this reason, Ms. Schott was informed of the forthcoming Noncompliance Report at approximately 1230 hours. Following correlation with Dr. REDACTED, DVMS, the eye movement observed after the animal was fully hoisted was determined to be nystagmus, which is not a sign of consciousness. The noise/bellowing we heard was determined to be residual noise produced when the animal expelled air over the vocal chords and was not an active bellow which would have been indicative of a conscious pain response. For this reason, the incident described is not being considered as egregious and no additional enforcement actions are currently being considered. This is noncompliance with 9 CFR 313.16(a)(3) which states: "Immediately after the firearm is discharged and the projectile is delivered, the animal shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding."