Nicholas Meat LLC: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.2

On this date while performing the Review and Observation part of this Task I observed the following. A slow cow was laying along the pen area in close proximity to the area between pens 9 and 10. The establishment tried to move animals from behind the area from pen 11 to the serpentine for slaughter. When the animals being moved were alongside the animal she attempted to stand, at that point the moving animals bumped into her and she went to the recumbent position again. When she did, at least one Herford bull stepped over her back half. I did not hear any bellowing or did I see any animal step on her. At that point I took Regulatory control of the situation by stopping the slaughter by placing US Reject/Retain Tag B45 644187 on the Stunning Box door. I immediately informed the SPHV and the FLS of the situation and the fact that I stopped the Slaughter. We contacted the District Office and spoke with the DVMS, and after a description of what I observed collectively agreed that the situation I observed did warrant a Non Compliance for failing to meet the regulatory requirements listed in CFR 313.2(d), Which states that disabled animals are to be separated from normal ambulatory animals. This Non Compliance is notice of the establishments failure to meet the regulatory requirements listed in 9 CFR 313.2(d)

313.1

Category II: Truck Unloading On 7-7-2021 at approximately 1010 hours while performing the truck unloading portion of the HATS task’s, I observed the following non-compliance. While observing the trucks top deck of cattle being unloaded into pen 5, one of the cows came off the top deck and unhinged the sliding guard plate. As the sliding guard plate became unhinged it swung towards the front right corner of the trailer causing the cow to fall on the floor and get her hip caught underneath the end of the guard plate. The sliding guard plate is designed to protect the cattle from falling off the ramp as they come off the top deck. As the cow was struggling to free herself from the guard plate, establishment employees took immediate action by lifting the guard plate enough for the cow to free herself and continue off the truck. As the truck driver began to reposition the sliding guard plate, I observed him tying it with a fabric strap. A metal pin is supposed to be used to hold the sliding guard plate in place and against the ramp so the cattle can safely exit off the top deck. After the driver finished tying the sliding guard plate, I entered onto the truck to make sure the cattle can indeed exit safely. I observed approximately 3 to 5 inches of space on the left side of the ramp and 4 to 6 inches of space on the right side of the ramp. I instructed the establishment employees to discontinue unloading the top deck and to call for a supervisor. Once manager REDACTED arrived, I explained to him my observation and notified him of the non-compliance of 313.1. The truck was subsequently driven off the loading dock and repaired on site. At approximately 1130 the truck returned, I inspected the ramp and sliding guard rail and found it adequate to continue unloading the cattle from the top deck. No further actions were taken.

313.1

On, Monday April 5, 2021 at approximately 15:45 I observed the following non-compliance. I observed pen 2 in the barn was open without any animals in it, so I walked through the holding pen to check for sharp or protruding objects, this is when I noticed that one of the metal watering trough supports were broken off and twisted into pen two. There was small amounts cattle hair on one of the pieces that was pointing into the pen. I notified the slaughter floor manager REDACTED of the noncompliance. He immediately called maintenance to fix the issue. No further action was needed. The support was fixed in a timely manner and I was notified when the repairs were completed. This is in noncompliance with 9CFR 313.1(a)