Sky Halal Meats: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.16(a)(1),313.16(a)(3)

At approximately 1140 hours, while performing HATS Category VIII –Stunning Effectiveness, I observed the following noncompliance: A brown-red heavy calf was driven into the restraining area of the kill floor. Plant Owner Muhammad Qayyum verbally stated the firearm discharge warning for a 9mm pistol. I stepped away from the kill floor to the USDA office. While waiting for the firearm to discharge, I heard Mr. Qayyum attempt to verbally coax the calf to move its head into a proper stunning position within the restrained area of the kill floor. There is no head restraint used in this procedure. After approximately 1 minute from stepping off the kill floor, I heard the firearm discharge. I then walked to the kill floor. There I observed the establishment employees release the calf from the restraining device. I did not observe the establishment employees take measures to verify if the calf was insensible. I then observed the calf stand back up and walk out of the restraining area and toward the final inspection room. I observed the establishment employees physically restrain the calf by holding it with their hands. Mr. Qayyum verbalized that a second firearm discharge would be fired from the 9mm pistol. I then walked away from the area back to the USDA office. The firearm was discharged outside of the restraining area. I then returned to the kill floor and observed that the calf was down and appeared to be unconscious. Establishment employees then performed the ritual cut on the calf. I then notified Mr. Qayyum of the forthcoming non-compliance record and that I would be placing U.S. Reject Tag No. B-45229909 on the kill floor door from the holding pens, which was placed at approximately 1145 hours. Mr. Qayyum verbalized understanding. I then notified Mr. Qayyum that I was contacting the District Office through my supervisory chain-of-command for further guidance and of my recommendation for an enforcement action and that no further stunning could take place. Mr. Qayyum verbalized understanding. At approximately 1210 hours, I reviewed the establishment’s HACCP/SSOP binder regarding the presence of a robust humane handling plan. A document in the binder stated that there is a 20 gauge shotgun in the case that the 9mm pistol gunshot is ineffective; however, prior conversations with my immediate supervisor had informed me that the humane handling program was not active due to the establishment not having the shotgun onsite. These conditions demonstrate a failure to meet 9 CFR 313.16(a)(1) and 9 CFR 313.16(a)(3). This NR will not be associated with any other non-compliance records.