JBS Plainwell, Inc.: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.1

HATS CATEGORY II- Truck unloading On 09/10/2021, while performing livestock ante-mortem inspection, SPHV Dr. REDACTED identified Humane Slaughter of Livestock- Livestock Pens, Driveways, and Ramps noncompliance. At approximately 12:15, while performing truck unloading HATS Category inspection, Dr. REDACTED was made aware that a non- ambulatory steer was down at the front belly of the livestock trailer with a foot stuck. Dr. REDACTED went to inspect the trailer and observed that the animal had the left hind foot stuck in a hole in the left front part of the belly floor. The outer side of the front floor of the trailer where the animal’s foot was stuck was covered in rust and looked deteriorated. The steer was laying on its side and was calm. The plant managed to cut metal floor around where the foot was stuck, and liberated the foot. The animal tried to get up but could not. Upon further inspection Dr. REDACTED observed that the left front foot was also stuck in another hole on the lower front right side of the trailer. The plant was able to free the left front stuck foot. The plant provided time for the animal to get up. The animal remained non-ambulatory and the plant voluntarily decided to humanely euthanize. The animal was rendered unconscious on the first stun. At 13:15 hour Dr. REDACTED notified verbally to Plant Manager John Beasley of the forthcoming noncompliance. The requirements of 313.1a were not met. A noncompliance record for the same cause was reported on 8/17/2021 number CFO430908471N/ 1, and has been associated to this noncompliance record. This document serves as notification that continued failure to meet regulatory requirements could lead to further regulatory or administrative action.

313.15(a)(2),313.2

At approximately 12:00pm, Tuesday, August 24th, 2021, CSI REDACTED was going to the knock box to observe knocking when he noticed they were not knocking and employees were looking into the knock box. Upon further investigation, CSI REDACTED observed a Holstein steer with its head and leg stuck in the knock box. The knock box has a floor that slopes downward with a brisket conveyor running out of the middle of the slope. The animals walk down the slope, which eventually drops off, but the animal is then riding on the brisket conveyor. On the walls making up the sides of the box, there are green plastic body slides to guide the animals down onto the conveyor. The slides themselves are approximately 18in in height, protrude about 4in from the wall, and are mounted about 18-20in above the floor and run parallel to the sloped floor of the knock box. The steer had its head and right leg stuck between the brisket conveyor and the side of the knock box under the body slides at the bottom edge of the slope of the knock box. The steer was vocalizing and was in distress. Furthermore, the steer behind the stuck steer was standing on the down animal with its front legs. Employees tried to back the standing steer out, but it would not move. After several minutes of moving the brisket conveyor intermittently and shifting the top animal, the bottom animal was able to free its head. The knocker pulled both animals forward on the brisket conveyor and knocked both animals successfully on the first stunning attempt. CSI REDACTED informed Superintendent REDACTED and Operations Manager REDACTED of the forthcoming noncompliance. These observations are consistent with the animal not being driven to the knock box with a minimum of excitement, therefore, the conditions of 313.2(a) and 313.15(a)(2) were not met. Noncompliance CFO3315063124N/1 from 6/24 will be linked in association with this current noncompliance as failure to implement corrective actions and preventative measures were ineffective at preventing a reoccurrence. HATS Category VI

313.15(b)(1)(iii),313.15(a)(1)

At approximately 2:40pm, Friday, August 20th, 2021, CSI REDACTED was observing a plant employee stunning beef animals at the knock box. The employee was stunning with a handheld captive bolt stunner and went to line up a shot on an animal which was moving its head from side to side, over the top of the squeeze restraints making up either side of the knock box. The animal paused its head movement and the employee lined up a shot with the captive bolt gun. Just as the employee fired the gun, the animal moved its head to the left which caused the bolt to strike the animal between the eye and the ear on the right side of the animal's head. CSI REDACTED could observe a bloody spot in this area. The animal was not rendered unconscious as it was holding its head up, had its ears erect, had its eyes open, and was moving its head, but not as much as before. The employee quickly lined up a second shot on the animal and rendered it unconscious as the head immediately dropped down into the knock box and its ears were limp. CSI REDACTED informed Barn Supervisor REDACTED of the forthcoming noncompliance. The conditions of 313.15(a)(1) and 313.15(b)(1)(iii) were not met. Noncompliance CFO4505074827N/1 from 7/26 will be linked in association with this current noncompliance as failure to implement corrective actions and preventative measures were ineffective at preventing a reoccurrence. HATS Category VIII

313.1

At approximately 8:55am, Monday, August 16th, 2021, while performing ante-mortem inspection duties, CSI REDACTED became aware of down animals on a truck which was about to unload. After unloading the belly of the trailer, CSI REDACTED could observe two down animals. The top of the trailer was then unloaded which revealed at least two more down animals. One animal on the top was able to be unloaded, but the establishment elected to euthanize the animal as it appeared weak. A plant employee went into top of the truck and found one of the downed animals had its leg stuck in the floor of the trailer where the floor had partially collapsed. CSI REDACTED observed from the side of the trailer and could see where the animal’s leg was protruding through the floor. The plant euthanized the animal as there was no way to safely remove its stuck leg from the floor. The leg had to be cut off to drag the carcass off the trailer. The two down animals in the belly of the trailer were also euthanized after they failed to get up. All animals euthanized were rendered unconscious on the first stun. CSI REDACTED informed Food Safety Supervisor REDACTED of the forthcoming noncompliance. The requirements of 313.1a were not met. HATS Category II

313.1

HATS CATEGORY IV—Ante-mortem Inspection On 8/6/2021, while performing livestock ante-mortem inspection, I identified Humane Slaughter of Livestock—Livestock Pens, Driveways, and Ramps noncompliance. At 0803, while performing livestock ante-mortem inspection of pen 4. I observed a recumbent beef steer with its left front leg stuck in an approximately 4-inch gap between a metal pipe and a metal plate. The metal plate ran horizontally along the width of the pen and extended from the floor to a height of about 6 inches. The metal pipe ran parallel to the metal plate about 4 inches above this plate. Running horizontally above the metal pipe was a drinking trough. The steer did not struggle to free itself from the entrapment, but it was unable to stand because its foot was entrapped. This finding illustrates noncompliance with 9 CFR 313.1 (a), which requires establishment personnel to repair unnecessary openings where the head, feet, or legs of an animal may be injured. The employee moving the animals inside pen 4 responded to the above-described situation by immediately contacting maintenance for assistance with freeing the steer. In addition, he moved the other animals in pen 4 to pen 7. When maintenance personnel arrived, they cut the metal plate that entrapped the steer’s foot. By 0820 hour the steer’s foot was freed, and the steer stood up. Establishment personnel moved the steer to a pen 7 with its pen mates. Establishment personnel placed pen 4 on hold so that it could not be used for holding livestock At 0805 hour, I notified REDACTED (Barn Superintendent) that the above-described finding would be documented on a noncompliance record. In plant inspection personnel, documented a similar noncompliance finding on noncompliance record CFO5204073622N/1, dated 7/21/2021. This noncompliance record describes a steer stuck in a fence rail dividing the two loading docks. The immediate action taken by establishment personnel to address this noncompliance was to reweld a broken fence rail, in the loading dock area, to its support post. However, this action has not prevented a similar noncompliance from occurring. This document serves as notification that continued failure to meet regulatory requirements could lead to further regulatory or administrative action.

313.15(a)(1)

On Monday July 26, 2021 at approximately 0530, I, CSI REDACTED, while performing the humane handling task during antemortem, observed an ineffective stun of a non-ambulatory beef cow. Using the captive bolt device, the employee stunning, REDACTED, delivered the first stun with no effect. The beef cow was alert, her head was up right, her ears were erect, and she was tracking the movement of the employee delivering the stun. REDACTED then, immediately, reached for the second handheld stunning device and delivered the second stun to the back of the head rendering the cow unconscious. I then notified Superintendent REDACTED, that a noncompliance record was being issued for ineffective stunning. This was a violation of regulation 313.15 (a)(1) which states, “Application of stunners, required effect; handling. (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.” HATS Category VIII- Stunning Effectiveness This document serves as notification that continued failure to meet regulatory requirement(s) could result in additional regulatory or administrative action.

313.2

On Wednesday July 21, 2021, I CSI REDACTED, observed the following non-compliance. As I was walking to the loading dock, on top of the catwalk, I heard a JBS employee shouting. When I approached the loading dock, I witnessed a steer stuck in the fence rail that divides the two unloading docks. The animal’s body was on one side of the fence and its hind leg was on the opposite. The steer was trying to regain its footing but was unable to do so, causing it discomfort. The bar that was located above the steer was broken from the anchor post. Almost immediately, the same employee realized there was no chance of getting him free, so he decided to stun the animal using the handheld captive bolt device. The first stun rendered the animal unconscious. Maintenance then had to cut the rail releasing the now carcass from the fence. I then notified Superintendent REDACTED and Technical Services Director REDACTED that I would be issuing a non-compliance record. This is a violation of regulation 9 CFR 313.2 (a) which states, “§ 313.2 Handling of livestock. (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.” In addition to the immediate corrective action of stunning the steer, the metal bars on the fence were rewelded, anchoring them to the ground support posts. This repair allowed the establishment to fully utilize the unloading dock to continue unloading the cattle. HATS Category II – Truck Unloading This document serves as a notification that continued failure to meet regulatory control requirement(s) could result in additional regulatory or administrative action.

313.15(a)(1)

On Tuesday June 29, 2021 at approximately 1047 AM, I, CSI REDACTED, while performing the humane handling task, observed an ineffective stun of a beef cow. Using the captive bolt gun, the employee knocking, Luis, delivered the first knock with no effect. The bolt only just punctured the skull. The cow jumped and looked around at its surroundings, alert, tracking the movement of the employee knocking. Luis then grabbed the second captive bolt from the employee assisting in reloading and delivered the second stun rendering the animal unconscious. The CSI then notified Supervisor REDACTED and Superintendent REDACTED, that a noncompliance was being issued and the knock box was being tagged off, tag NO.B-45949271, while the CSI notified the USDA supervisor in charge, Dr. REDACTED. This was a violation of regulation 313.15 (a)(1) which states, “Application of stunners, required effect; handling. (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.” There were no corrective actions discussed at this time. After further discussion with the supervisor, the regulatory control tag was then removed from the knock box and the establishment was allowed to resume slaughter. HATS Category VIII- Stunning Effectiveness This document serves as notification that continued failure to meet regulatory requirement(s) could result in additional regulatory or administrative action.

313.2,313.15(a)(2)

HATS CATEGORY VIII—STUNNING EFFECTIVENESS At approximately 1015 hour on 6/23/2021, while verifying the humane stunning of livestock, I observed noncompliance with Humane Slaughter of Livestock—Handling of Livestock regulatory requirements and Humane Slaughter of Livestock—Mechanical; Captive Bolt regulatory requirements. At approximately 1015 hour, I observed a beef animal in the livestock chute, just prior to the stun restraint box with its head entrapped. The chute floor, just prior to the stun restrain box, slopes down and includes a brisket slide (or brisket bar). In the same area of the chute, mounted to the walls of this chute were body slides (or body boards). These body slides were mounted about two feet above the floor and parallel to it. This part of the chute (prior to the stun restraint box) helps deliver beef animals onto a brisket conveyer located in the stun restraint box. The beef animal’s head became entrapped between the left side of the brisket bar and the left chute wall with its forehead against the chute wall and its jaws against the brisket bar. In addition, the pole of the beef animal’s head was entrapped below the body slide. The beef animal was clearly distressed in this position. It was trying to pull back with its feet. In addition, its tongue was protruding from its mouth. Lastly, twice while establishment personnel were trying to free the beef animal’s head, I twice heard the animal beller. Because of the position of the beef animal’s entrapped head, establishment personnel were unable to stun it to minimize further distress to the animal. It was not until 1034 hour that establishment personnel were able to get the beef animal’s entrapped head repositioned enough to allow for an accurate placement of a cartridge fired captive bolt gun. As soon as the beef animal’s head was repositioned, establishment personnel quickly rendered the beef animal unconscious with a single shot from a cartridge fired captive bolt gun. These observations illustrate that an animal was not driven to the stunning area with a minimum of excitement and discomfort, which is noncompliant with 9 CFR 313.2 (a) and 313.15 (a) (2). As soon as the beef animal was unconscious, I informed REDACTED, Quality Assurance Superintendent, that I would be documenting the above described findings on a noncompliance record.

313.15(a)(1)

On Monday May 17, 2021 at approximately 1010 AM, I, CSI REDACTED, while performing the humane handling task, observed an ineffective stun of a beef cow. As the cow was approaching the knock box, she refused to enter the restraining conveyor. As such, the employee knocking, REDACTED, chose to use the captive bolt to knock the cow. CSI REDACTED determined the first knock was ineffective as the cow went to her knees but remained conscious. The cow’s head was up and alert, ears were erect, and eyes showed signs of consciousness as she was able to track movements in front of her. REDACTED immediately reloaded the captive bolt device and administered the second knock, as the corrective action, causing the cow’s head to drop, and rendering the animal unconscious. The CSI then notified Supervisor REDACTED that a noncompliance was being issued and the knock box was being tagged off, tag NO.B-45949272, while the CSI notified the USDA supervisor in charge, Dr. REDACTED. This was a violation of regulation 313.15 (a)(1) which states, “Application of stunners, required effect; handling. (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.” After corrective actions were discussed, the regulatory control tag was removed from the knock box and the establishment was allowed to resume slaughter. HATS Category VIII- Stunning Effectiveness This document serves as notification that continued failure to meet regulatory requirement(s) could result in additional regulatory or administrative action.

313.15(a)(1)

At approximately 2:57pm, Wednesday, May 5th, 2021, CSI REDACTED was observing Barn Supervisor REDACTED knocking Holstein cattle in the knock box. Mr. REDACTED proceeded to line up a shot on an animal and discharge the pneumatic captive bolt gun. CSI REDACTED determined the animal remained conscious as he could observe the animal still holding its head upright, with its ears up, and eyes open. Mr. REDACTED immediately grabbed the hand held captive bolt gun and administered a second shot. The animal's head immediately dropped, and CSI REDACTED determined the shot was effective in rendering the animal unconscious. CSI REDACTED moved next to the knock box and could feel and observe two holes in the animal's head, one being off center. CSI REDACTED informed Mr. REDACTED of the forthcoming noncompliance. The requirements of 9CFR 313.15(a)(1) were not met. HATS Category VIII.

313.15(a)(1),313.15(b)(1)(iii)

At approximately 7:45am, Thursday, April 15th, 2021, CSI REDACTED was observing a barn employee stun a down Holstein cow on the loading dock. The animal was lying down sternally and wouldn't get up. The barn employee was trying to line up a shot with a handheld stunner, but the animal was moving its head from side to side. The employee tracked the animal's movement with the stunner and fired, but CSI REDACTED determined the shot was ineffective at rendering the animal unconscious as the animal was still holding its head up, had its ears up, eyes open, and was still moving its head from side to side. CSI REDACTED could also observe a spot on the animal's head where the stunner had hit. The barn employee immediately reloaded the stunner and began tracking the animal's head movements to line up a second shot. The employee fired the stunner again in a timely manner. CSI REDACTED determined this shot was effective in rendering the animal unconscious as the animal's head and ears dropped immediately. CSI REDACTED promptly informed Barn Supervisor REDACTED of the forthcoming noncompliance. The requirements of 313.15(a)(1) and 313.15(b)(1)(iii) were not met. HATS category VIII