ZMDR, LLC: Non-Compliance to Humane Livestock Handling in 2021 (USDA)

313.15(a)(1),313.15(a)(3)

HATS Category VIII Stunning Effectiveness On July 19, 2021 at approximately 0920, I (Dr. REDACTED SPHV) observed the following noncompliance: I was informed by the barn manager that he was ready to euthanize a non-ambulatory disabled cow identified on Antemortem inspection. The employee attempted the first stun utilizing a handheld captive bolt gun. The cow remained alert in sternal position. I observed a normal blink response with normal tracking of movement. The cow tried to move her head away from the employee as he approached to attempt the second stun. The second shot was immediate and effective. The establishment failed to comply with 9 CFR 313.15(a)(1) and 313.15(a)(3). The plant manager was notified of the noncompliance.

313.1,313.2

HATS Category IV: Antemortem Inspection On Friday, May 28, 2021 at approximately 0545 hours, the following noncompliance was observed. While performing HATS Category IV: Ante-mortem Inspection task, I, SPHV REDACTED, observed a non-ambulatory disabled (NAD) beef cow being held in the approximately 12 feet by 6 feet tapered, uncovered unloading area leading into the covered alleyway. The cow had no access to water within this makeshift holding area. Establishment cattlemen informed me that they did not know when the cow had been unloaded and were not informed of the NAD cow at any time prior to their arrival at approximately 0500 hours, however, the owner of the NAD cow was documented on their pen board. At approximately 0620 hours, unloading records (REDACTED Cattle Log) were reviewed, and it was discovered through correlation with the information on the pen board that this animal (along with other animals) was delivered at 2346 hours on May 27, 2021. Therefore, the NAD cow had been held in an uncovered area without access to water for approximately 6 hours and 35 minutes. I ante-mortem condemned the cow for NAD and notified the establishment CFO of the noncompliance. At approximately 0706 hours, the cow was euthanized and denatured in my presence. The establishment’s Humane Handling Policy, dated January 01, 2021, states on page 5 in the “REDACTED.” In addition, on page 7 in the “unloading area” section, it indicates REDACTED.” And finally, it states on page 8 in the “Holding and Handling” section REDACTED.” At approximately 1430 hours, establishment CFO informed me that contact had been made with the cattle owner to address drivers’ unloading practices and expectations. Establishment management also agreed that unloading should not be occurring without establishment personnel present to avoid issues or concerns such as the above described noncompliance. A change in policy and enforcement is being pursued by establishment management. The establishment has failed to meet the regulatory requirements of 9 CFR 313.1(c) and 9 CFR 313.2(e) and is also inconsistent with the establishment’s Humane Handling Policy. A review of NR history at this establishment revealed no recent noncompliance records with a similar cause.

313.15(a)(1)

HATS Category VIII - Stunning Effectiveness On Wednesday, May 26, 2021 at approximately 0800 hours while performing Humane Handling Stunning Effectiveness (Category VIII) Tasks, I observed the following noncompliance. An establishment employee attempted to knock a non-ambulatory disabled mature bull in the back compartment of a trailer with a handheld captive bolt device. The first attempt failed to render the animal unconscious; I continued to observe voluntary movement, blinking, and rhythmic breathing. A second attempt was made immediately with the handheld captive bolt device to the forehead and the bull was rendered immediately unconscious. A third safety knock was performed, followed by pithing. The euthanasia was conducted on the premises and, therefore, is subject to the 313 regulations. I notified REDACTED of the stunning failure and that a noncompliance record would be written. The establishment’s Humane Handling Policy, dated January 01, 2021, states on page 9 in the “Stunning” section that, REDACTED This noncompliance represents a failure to meet the regulatory requirements of 9 CFR 313.15(a)(1) and is also inconsistent with the establishment’s Humane Handling Policy. A review of NR history at this establishment revealed no recent noncompliance records with a similar cause.

313.1

HATS Category IV: Antemortem Inspection On Friday, May 14, 2021 at approximately 0605 hours, the following noncompliance was observed. While performing HATS Category IV: Ante-mortem Inspection task, Barn Supervisor REDACTED and I, SPHV REDACTED, were approached by an establishment employee who stated a steer’s leg was stuck between the floor and bottom beam lining the alleyway leading to the knock box. I assessed the extent of the entrapment, noting no obvious injuries and minimal signs of distress. I observed establishment employees free the affected hindlimb, but they were unable to return the steer to an ambulatory state without assistance. At 0615, the establishment knocked the affected steer, achieving immediate insensibility with a single knock. The steer was ante-mortem condemned as non-ambulatory disabled. I informed VP of Operations of the noncompliance. The establishment has failed to meet the regulatory requirements of 9 CFR 313.1(a). This is being associated with NR SDY3913031722N/1, dated March 22, 2021, for similar cause of failure to maintain facilities in a manner to prevent entrapment and/or injury. Preventive measures of reinforcing the alleyway with additional steel beams was implemented but ineffective in preventing incidents along the alleyway.