Smithfield Fresh Meats Corp.: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.2

HATS CATEGORY II TRUCK UNLOADING On 09/23/2021 at 0840 hours I, SPHV REDACTED, observed the following. While performing a Humane Handling Verification Task HATS Category II Truck Unloading, I monitored a rear-unload trailer at the East bay of the South unloading dock. While unloading the bottom of the trailer, I observed the truck driver striking hogs with the edge of the rattle paddle rather than the flat surface and on two occasions observed the driver striking them on the head. I immediately initiated a regulatory control action and stopped the unloading of the trailer by that driver. This is a noncompliance with 9 CFR 313.2 (a) and (b). I notified Hog Procurement Manager REDACTED of the noncompliance. I am linking this to NR# VWK0809073821 dated 07/21/2021, wherein a similar incident with a truck driver occurred at this establishment within the last 90 days.

313.2

At approximately 1410 I was in live receiving on the B side to verify HATS category 2. I heard loud slap like sounds coming from the truck unloading area which is approximately 40 yards away. I looked over and observed two employees with a shaker paddles repeatably striking several pigs that were bunched up at the gate where the tattoo is applied to the hogs. The alley funnels down to the gate to allow only 1-2 hogs to pass through the gate at a time so they can be tattooed. Both employees were raising their paddles above their heads and striking the pigs with force. I observed and heard them strike the pigs in this manner several times as I rapidly approached the area. The pigs had gone through the gate by the time I had arrived and the truck, which was in the center bay, was empty of live pigs. I immediately requested a supervisor be called. Supervisor REDACTED arrived shortly afterwards and I described to him my observations. He said he would investigate the incident. At approximately 1445 I spoke to Assistant Manager REDACTED. She and Supervisor REDACTED had reviewed the video. She stated that the truck drivers involved would be retrained before they are allowed to bring another load on the premises. The employees present at the unloading, who did not take action, would also be addressed.

313.2

HATS CATEGORY II TRUCK UNLOADING At approximately 8:25am, I verbally notified Mr. Tim Messman, Establishment Manager, of my decision to take regulatory control action to prevent the slaughter of animals. I advised Mr. Messman that I was contacting the District Office about possible enforcement action due to an egregious humane handling noncompliance and that the District Office would be following up with a written suspension or NOIE letter to the establishment. I based my decision to take a regulatory control action on the following: At approximately 8:00 am, while performing HATS Category II Truck Unloading, I observed a truck driver unloading hogs from the West bay of the South unloading dock. The driver was unloading the bottom of the trailer and a hog was sitting perpendicular to the unloading ramp. The driver kicked the hog hard on the side near the belly. The hog vocalized and stood up. I immediately took a regulatory control action and stopped truck unloading. This is a noncompliance with 9 CFR 313.2 (a) & (b). I notified REDACTED, Assistant Hog Procurement Manager, that I would be issuing this NR. I instructed establishment employees that the remainder of the truck could be unloaded due to humane concerns with leaving pigs in the truck in the heat. I then advised establishment employees in the stunning area that I was implementing a regulatory control action to stop the slaughter of animals, but allowed all stunned hogs to move through the slaughter process. I tagged both gates to the REDACTED with US Rejected tag number B28259413 and B28259414 to prevent hogs from entering the REDACTED. I then informed a barn utility employee that I had taken a regulatory control action and that the stunning operation was stopped.

313.2

HATS Category III: Water and Feed Availability On 7/12/21, at approximately 1040 hours, while performing a routine Livestock Humane Handling verification task, I, SPHV Dr. REDACTED, observed a humane handling noncompliance. While walking past the drive alley, I noticed two drinking water bowls in the drive alley were empty. I manipulated the waterer tips but did not see any water running into the bowls. I then entered pen 17, which had a group of hogs already penned, to test out the four (4) waterers in the pen. None of the automatic waterers, when manipulated, delivered water. After testing out pen 17, I entered pen 16, which was being filled with a group of hogs. The two (2) waterers in pen 16 also did not deliver water. I immediately verbally notified the establishment Humane Handling Specialist REDACTED of my observation and my documentation of the noncompliance. I observed Ms. REDACTED and another establishment employee tried to identify the reason for why there was no accessible drinking water to the two pens. At approximately 1048 hours, I placed U.S. Reject tags # B24309385 and B31784385 on pen 16 and pen 17, respectively. At approximately 1140 hours, I returned to pen 16 and 17 to find that the waterers all delivered water to the drinking bowls and functioned normally. I removed the U.S. Reject tags at approximately 1144 hours and notified Ms. REDACTED that regulatory control actions of the pens have been removed. Establishment verbally provided corrective actions to include retraining of employees. There has not been any noncompliance for the same root cause issued within the last 90 days.

313.2

At approximately, 1850 hours on 06/18/2021, I, SPHV Dr. REDACTED, observed a humane handling noncompliance while I was verifying HATS category II, trailer unloading. I was walking towards the B line unloading bay, down the left side alley where I can see three trucks parked. On the left side a man in white overalls had a rattle paddle which he lifted over and behind his head, then swung down at least 3 times on the hogs as they were unloading. He also jabbed the paddle forward at the hogs at least 2 times. As I came up on the left side of the pen, he dropped the paddle and went toward the left alley and then down the steps towards the front of the trucks. There were several employees present, a person to tattoo the hogs and a person to drive the hogs for each unloading chute. I asked for an employee to get a supervisor. I also asked to stop the truck from leaving. Supervisors REDACTED, REDACTED, and REDACTED came up and I told them what had happened. They went to the front of the truck but, was informed that the left side truck was not that driver’s truck. The employees said the driver had the middle truck and he drove off. I did not observe any injuries to the hogs. I took regulatory control at 19:30 by applying US Rejected tag NO. B42317405 and US Rejected tag No. B4231404 to both (2) B Line CO2 chambers, halting the applicable slaughtering line (B) pertinent to the location of my observation. I did inform the establishment that all livestock slaughtered prior to the tagging may be dressed, processed, or prepared under inspection.Mr. REDACTED (Hog Barn Supervisor), Ms. REDACTED (Assistant Food Safety Manager), and Mr. REDACTED (Humane Handling Manager) were all notified of the noncompliant observation. As a corrective action, the establishment proffered suspension of the driver pending investigation. Additionally, a memo will be shared with all suppliers regarding the incident and Smithfield’s expectations for Livestock Haulers. Lastly, all receivers across all shifts will be re-trained on Smithfield’s humane handling process and driver expectations. The establishment’s B Line CO2 chambers were released by inspection at approximately 20:23 hours. The establishment has failed to comply with the regulatory requirements of 9 CFR 313.2(a) and 9 CFR 313.2(b).