Cimpl's, LLC.: Non-Compliance to Humane Livestock Handling in 2022 (USDA)

313.2

On April 7, 2022, at approximately 8:27am at the stunning area, I, CSI REDACTED observed the following noncompliance. While performance Humane Handling Task category, Ante-mortem Inspection in the stunning area, a cow (1st cow) was getting in place to get stunned when another cow (2nd cow) rapidly entered the restrainer, getting trapped underneath the 1st cow, without the stunner noticing. The stunner proceeded to push the handle to lower restrainer end gate, pressing the gate against the 2nd cow, who then vocalized. The employee immediately lifted the restrainer end gate off the 1st cow, and opened the role-out gate on the right side of the 1st cow to allow the 1st cow to exit the restrainer before getting stunned. The 1st cow was moved out of the restrainer and back to a holding pen to get run through the restrainer at a later time, The 2nd cow was still in the restrainer and was trying to stand up, but she was unable to move her back legs. She did not appear to be injured. The employees were gently trying to get her to stand with raddle paddles with no success. Then they tried twice with the electrical prod, but with no success. The cow was then effectively stunned via firearm and removed from the restrainer into the barn. Harvest Superintendent Mr. REDACTED observed the animal trapped and was notified of the forthcoming noncompliance record. No preventive measures were provided at this time. Because of the establishment’s immediate response to the incidence, no regulatory control action was taken. The establishment failed to comply with regulation 313.2 (a), which specifies; “(a) Driving of livestock from the unloading ramps to the holding pens and from the holding pens to the stunning area shall be done with a minimum of excitement and discomfort to the animals. ...”.

313.2

At approximately 0645 hours while performing HATS task category IV Ante-Mortem Inspection, I (CSI REDACTED), observed 2 purple hat barn employees (trainees) moving 40 beef cows from pen 19 to pen 17. After all 40 animals had entered pen 17, the same 2 employees entered the pen along the east wall. The animals started to leave the pen proceeding back to pen 19 faster than a normal walking pace. The 2 barn employees were loudly vocalizing and shaking their rattle paddles at this time causing excessive noise and resulting in the animals becoming more excited. I observed a mature angus cow knocked down by a couple other animals on to her left side. I observed approximately 3 of the other animals jumping over top of her as she was attempting to rise. The downed animal did rise immediately after the other animals had passed over her and exited the pen under her own power with no visible signs of injury. I informed the barn employees present and QA, Ms. REDACTED, who was present doing an establishment audit, that a regulatory noncompliance would be documented and ante-mortem inspection would be halted while I contacted IIC, Dr. REDACTED, for further guidance. After consulting with Dr. REDACTED, we determined a noncompliance record would be issued. Upon returning to the barn area, I encountered Harvest Floor Superintendent, Mr. REDACTED, and informed him of the findings and forthcoming noncompliance record. Mr. REDACTED exited the area without any further discussion and no verbal corrective actions were given at this time. I allowed ante-mortem inspection to continue, and it was humanely performed on 2 more pens by experienced barn personnel. This observation is not compliant with regulation 9 CFR 313.2(a) requiring driving of livestock with a minimum amount of excitement and discomfort and at a normal walking speed. This observation is also not compliant with regulation 9 CFR 313.2(b) requiring implements to be used as little as possible to minimize excitement.

313.2

On 2/12/2022, at approximately 0607 hours as I (CSI REDACTED) was passing by pen 12 in the livestock holding area. I observed that the waterer appeared to be frozen over. After establishment personnel presented the animals from pen 13 for ante-mortem inspection I instructed barn personnel to move the animals to pen 17 to allow me to inspect the waterer servicing pens 12 & 13. At this time I walked to pen 13 and discovered that the waterer servicing pens 12 & 13 was frozen over on the pen 12 side with approximately 1/16- 1/8 inch of ice, at this time the pen contained 17 mature bulls. Upon further inspection I observed that the waterer servicing pen 13 was not frozen over but was very slushy. I also noted that the side service cover for this waterer was not in place, but laying to the side. I was able to see a heat lamp inside, but it did not appear to be working. I informed the barn personnel of the finding/non-compliance as there was no supervisor or QA present. Barn personnel moved the 17 bulls to another pen at this time, I placed U.S. Reject tag #B38162271 in the card holder for pen 12. Upon investigation barn personnel discovered that the heat lamp bulb was broken/burned out. The bulb was replaced by barn personnel and placed back under the waterer and the slushy particles were removed from the waterer. At approximately 0830 hours while passing through the livestock holding area I entered pen 12 and observed that the heat lamp was no longer on/working under the waterer servicing pens 12 & 13 and both sides of the waterer had approximately 1/16-1/8 of ice built up in them. I asked a blue hat barn employee to call for the orange hat barn employee. The orange hat employee was unavailable at the time, I then instructed the blue hat employee to move the 34 cows that were in pen 13 awaiting slaughter to pen 14 as I was tagging pen 13 as well. I placed U.S. Reject tag #B38162275 in the card holder for pen 13. As I was leaving the livestock holding area I met the orange hat barn employee at the scale house and informed him of the additional finding/non-compliance. These findings are not in compliance with 9NFR313.2

313.2

On 12/6/2021, at approximately 0920 hours, while performing HATS task III, I (CSI REDACTED) observed in the waterers servicing pens 14 & 15 and pens 17 & 18 a very thin coating of ice building up (no animals in either pen at the time). Upon inspecting the remainder of the pens I observed the waterer servicing pens 1 & 2 had ice build-up of approximately 1/8 inch thick. At this time there were no animals in pen 2 and 15 cows in pen 1. At this time I took a Regulatory Control Action by applying U.S. Rejected tags B-45982003 & B-45982004 on pens 1 & 2. I informed acting Barn Lead person REDACTED of the finding and of the forth coming non-compliance. At this time Mr. REDACTED and other barn personnel moved the animals in pen 1 to another pen which had a working waterer and removed the ice build-up in the waterer servicing pens 1 & 2. Mr. REDACTED checked the waterers for pens 1 & 2, 14 &15 and pens 17 & 18 for the adjustment of the heating elements. Mr. REDACTED verbal corrective actions were that neither pen would be used until the waterer was brought back into compliance. I informed Mr. REDACTED that once the waterer servicing Pens 1 & 2 was brought back into compliance I would release them for further use by removing the U.S. Rejected tags. Enroute back to the USDA office I encountered QA Mr. REDACTED and informed him of the finding. This finding is not in compliance with 9CFR313.2(e).