Western Meat Processing, Inc.: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.15(a)(1)

HATS VIII: Ineffective Stunning On Tuesday August 24, 2021, at approximately 0953 hours, I, Dr. REDACTED, SPHV, observed the following humane handling non-compliance. At approximately 0953 hours, while standing by the knock box performing HATS category VIII (Stunning Effectiveness), I observed plant employee REDACTED ineffectively stun a dairy cow in the knock box. Mr. REDACTED applied and discharged the captive bolt gun on the back of the cow’s poll. The dairy cow remained standing, groaned slightly, and lowered her head slightly. The cow’s head was wobbling back and forth very slightly, and I could see blood on the back of the poll. Mr. REDACTED immediately grabbed the loaded back-up captive bolt gun and within approximately 5-10 seconds, he applied an effective captive bolt stun to the back of the cow’s poll. The dairy cow immediately collapsed in the knock box and was unconscious. I applied U.S. Reject Tag# B45004634 to the knock box to stop all further stunning. I informed HACCP Coordinator REDACTED of the ineffective stun and that I tagged the knock box. I then went to the slaughter floor and observed the skinned head of the dairy cow that had been ineffectively stunned. I observed two knock holes on the back of the poll. One knock hole was in the middle of the back of the poll, approximately 0.5 inches to the right of midline. The other knock hole was just above and adjacent to the left occipital condyle, approximately 1.5 inches to the left of midline, and a probing instrument indicated that the path of the bolt was aimed downward and laterally approximately 45 degrees. Captive bolt stunners must be applied to produce immediate unconsciousness. This is a non-compliance of the regulatory requirements of 9 CFR 313.15(a)(1). This non-compliance is linked to similar non-compliances with the same root cause (ineffective stun), documented on 3/1/21 in NR# XTB1215032301N, on 4/13/21 in NR# XTB2209041714N, and on 6/22/21 in NR# XTB0316060622N. Additionally, stunning concerns were discussed with the establishment on 6/16/21 (weekly meeting MOI# XTB3314061516E), on 6/30/21 (weekly meeting MOI# XTB1609072907E), on 7/8/21 (MOI# XTB4716072112G) and 7/29/21 (MOI# XTB2309082905G).

313.2

On 7/28/21 at approximately 0645 hours, while IPP were performing ante-mortem inspection, the following humane handling non-compliance was observed. An establishment employee was presenting 15 dairy cows in pen 4 to IPP for ante-mortem inspection. While moving the cows around in the pen, the plant employee lunged at the cattle, which startled them and caused them to move faster than a normal walking speed, and one Jersey cow slipped and fell down. IPP tried to get the plant employee’s attention, but he didn’t hear IPP. Approximately 5-10 seconds later, the plant employee lunged at the cattle again, which startled them again and caused them to move faster than a normal walking speed, and one Jersey cow slipped and fell down again. At that time, HACCP Coordinator REDACTED was walking towards the ante-mortem pens. I informed him of my observation and of the forthcoming non-compliance. Driving of livestock shall be done with a minimum of excitement and livestock shall not be forced to move faster than a normal walking speed. This is a non-compliance of the regulatory requirements of 9 CFR 313.2(a).

313.15(a)(1)

HATS VIII: Ineffective Stunning On Tuesday, June 22, 2021, at approximately 1202 hours, I, Dr. REDACTED, SPHV, observed the following humane handling non-compliance. At approximately 1202 hours, while standing by the knock box performing HATS category VIII (Stunning Effectiveness), I observed a plant employee ineffectively stun a dairy cow in the knock box. The plant employee applied and discharged the captive bolt gun on the back of the cow’s poll. The dairy cow remained standing, lowered her head slightly, and very slightly shook her head back and forth. Within approximately 4-5 seconds, the plant employee applied an effective captive bolt stun to the back of the cow’s poll. The dairy cow immediately collapsed in the knock box and was unconscious. I applied U.S. Reject Tag# B45004695 to the knock box to stop all further stunning. I informed QC Supervisor REDACTED of the ineffective stun and that I tagged the knock box. I then went to the slaughter floor and observed the skinned head of the dairy cow that had been ineffectively stunned. I observed two knock holes on the back of the poll. One knock hole was in the middle of the back of the poll, approximately 0.5 inches to the left of midline. The other knock hole was in the left occipital condyle, approximately 1.5 inches to the left of midline, and a probing instrument indicated that the path of the bolt was aimed slightly downward and laterally approximately 40 degrees. Captive bolt stunners must be applied to produce immediate unconsciousness. This is a non-compliance of the regulatory requirements of 9 CFR 313.15(a)(1). This non-compliance is linked to similar non-compliances with the same root cause (ineffective stun), documented on 3/1/21 in NR# XTB1215032301N and on 4/13/21 in NR# XTB2209041714N. Additionally, a stunning concern was discussed in the weekly meeting on 6/16/21 and documented in MOI# XTB3314061516E. On 6/11/21, IPP had observed that 3 stuns were utilized to stun an animal, and upon observing the head, the location of one of the knock holes was of concern.

313.2

HATS: Category II – Truck Unloading HATS: Category V – Handling Suspect/Disabled Animal On April 29, 2021 at approximately 12:00 pm, I, CSI, REDACTED while walking to the livestock pens along with Mrs. REDACTED, QA Supervisor, I observed cattle hauler REDACTED dragging a non-ambulatory conscious Jersey Cow by the tail through the trailer and out onto the concrete unloading floor. This was already happening when I came upon it, and ended so quickly I did not have the chance to stop the hauler. The cow was in the back end of the trailer approximately 2 feet inside on the trailer’s floor next to the first partition. The cow was laying on her side and did not attempt to rise after being removed from the trailer. The height of the trailer floor to the ground was approximately four (4) inches. I observed establishment employee REDACTED, Inventory Control, watching the unloading of this trailer. I immediately halted receiving/unloading operations, as there were approximately six (6) more cattle to unload from the front of the trailer, and applied U.S. Rejected U.S #B-45004643 to the main receiving/unloading gate. I notified Mrs. REDACTED and she summoned Mr. REDACTED, Kill Floor supervisor, to the area and he immediately euthanized the animal by knocking it twice with a hand-held captive bolt gun in my presence. I informed Mr. Frank Lopes, owner of Western Meats, of my observations. I then transferred the U.S. Rejected tag to the entrance of the knock box. Mr. Fidel Ibarra, Plant Manager was verbally informed that unloading of the remaining cattle was allowed. Mr. REDACTED, HACCP Coordinator, was verbally informed of the withholding action, and the forthcoming noncompliance. The event resulted in a Notice of Suspension issued to the establishment due to the egregious humane handling noncompliance to CFR 313.2(d)(2): The dragging of disabled animals and other animals unable to move, while conscious, is prohibited.

313.15(a)(1)

HATS VIII: Ineffective Stunning On Tuesday, April 13, 2021, I, Dr. REDACTED, SPHV, observed the following humane handling non-compliance. At approximately 1020 hours, while standing on the slaughter floor observing operations by the knock box area, I heard the captive bolt gun discharge but I did not hear the cow in the knock box collapse. Approximately 3 seconds later, I heard another captive bolt gun discharge and then I heard the cow collapse in the knock box immediately after the second knock. When the knock box door opened and the dairy cow rolled inside, I observed that the cow was unconscious. When the cow was shackled, I observed the cow’s head and could see blood on the back of the poll where it was knocked. I did not see any blood or knock holes on the cow’s forehead. At approximately 1125 hours, the cow’s head was skinned and cleaned and brought over to the head rack. I then examined the skinned head and confirmed that there were two knock holes on the back of the poll, so the first stun was an ineffective stun. One knock hole was in the middle of the back of the poll. The other knock hole was on the back of the poll approximately 0.5 inch to the right of midline, and a probing instrument indicated that the path of the bolt was aimed laterally away from the brain at an approximately 45 degree angle. I informed QC Supervisor REDACTED of the ineffective stun and the forthcoming non-compliance. Captive bolt stunners must be applied to produce immediate unconsciousness. This is a non-compliance of the regulatory requirements of 9 CFR 313.15(a)(1). This non-compliance is linked to a similar non-compliance with the same root cause (ineffective stun), documented on 3/1/21 in NR# XTB1215032301N/1.

313.2

On April 13, 2021 at approximately 9:23am I, CSI, REDACTED while performing ante-mortem under HATS category III in pen #5 the following noncompliance was observed. While performing ante-mortem inspection in pens 1,2,3 and 5, IPP identified that there was no accessible water in the livestock pen #5. There were four dairy cows inside the holding pen without accessibility of water. I swiftly apprised Mr. REDACTED (Kill Floor Supervisor) of the situation and the forthcoming non-compliance. He immediately plugged the hole inside the water trough and turned on the water remedying the situation to IPP satisfaction. IPP stood there until the water trough was completely replete. Animals shall have access to water in all holding pens at all times. The aforementioned observation represents a non-compliance with 9 CFR 313.2 (e).

313.2

HATS IV: ANTEMORTEM/HANDLING On Monday April 5, 2021, CSI REDACTED and I, Dr. REDACTED, SPHV, observed the following humane handling non-compliance. At approximately 1234 hours, CSI REDACTED and I walked outside to the ante-mortem pens. We observed a dairy cow pinned between an open gate on one side and closed gates on the other side. The cow was in the small alleyway in front of Pens 1-4. The closed gates to Pens 2 and 3 were against her right side. The gate between the main alleyway and the small alleyway was open and against the cow’s left side. The open gate on her left side was at an approximately 90-degree angle to the cow and was pushing deep into the cow’s left flank in between her ribcage and her hip bones. No blood was observed. The cow was pinned stuck and was unable to move forwards or backwards. The cow had an increased respiratory rate and heavy breathing. The plant employee that works outside in the pens signaled to the knocking employee to get help. The plant employee was trying to wiggle the gate on the cow’s left side, but was unable to move the gate or free the cow. Then the plant employee opened the Pen 2 gate on the cow’s front right side. The cow’s hips were still stuck between the gate on her left side and the closed Pen 3 gate on her right side. When the cow tried to move forward, she slipped and fell down with all four legs sprawled out. She was still pinned stuck with the bottom metal corner of the gate on her left side pushing into her left flank. At approximately 1237 hours, kill floor supervisor REDACTED came outside. When he saw the cow pinned stuck under the gate, he retrieved the captive bolt gun from the knocking area, and then he knocked the dairy cow. The cow was condemned and a Z-tag was issued. I informed QC Supervisor REDACTED and HACCP Coordinator REDACTED of the humane handling incident and the forthcoming non-compliance. Driving of livestock must be done with a minimum of excitement and discomfort to the animals. This is a non-compliance of the regulatory requirements of 9 CFR 313.2(a). IPP have previously discussed with the establishment regarding securing gates and not leaving gates partly open when moving cows through the pens and alleyways. In the weekly meeting on 10/28/20 (MOI XTB5208115203E), IPP discussed with the establishment about not letting the gates close against the cows’ sides while walking out of the pens. In the weekly meeting on 3/3/21 (MOI XTB1613032805E), IPP discussed with the establishment that the outside employee was repeatedly leaving gates half-way open and then moving cows through the half-open gates with the metal bar sticking out, which could potentially injure the cows.