Haass' Family Butcher Shop, Inc.: Non-Compliance to Humane Livestock Handling in 2022 (USDA)

313.2

Category III -Water and Feed Availability On August 22, 2022 at approximately 1257 hours, the following non-compliance was observed at establishment M8892 while completing ante-mortem inspection in the holding pens. The dividers were closed in pens 0,2, and 3. There was no water pan or trough visible in the front half of pen 0 (2 bovine) and the only water pan in the front half of pen 3 (2 bovine) was upside down with no water in it. I informed Plant Owner Representative REDACTED at approximately 1304 hours of the lack of water in these pens and of the forthcoming non-compliance record. He had an establishment employee come and fill the water pan/troughs right away. The requirements of 9 CFR 313.2 were not met. This Non-compliance is linked to CVJ1814082217N/1 dated 08/17/2022 for the same or similar cause. This document serves as written notification that your failure to comply with regulatory requirement(s) could result in additional regulatory or administrative action(s).

313.2

On 08/17/2022, at approximately 07:26 hours REDACTED, S-CSI, preformed antemortem inspection and then at approximately 07:37hours Dr. REDACTED, SPHV, preformed antemortem inspection.  Both supervisors observed the following non-compliances. -          Pen 0 Front had three (3) pigs present with no water available. There was an empty bucket inside the pen; however, it was empty with manure/ feces on the bottom of the bucket.  There was no nipple waterer present. -          Pen 1 Front had at least 15 pigs present with no water available. There was no nipple waterer present. -          Pen 1 Front was overcrowded, with at least fifteen (15) pigs present. The animals did not have room to stand or freely move; two or three animals were standing on the backs of the other animals. There was no room for them to lay down.  The establishment failed to meet the regulations of 9 CFR 313.2(e) Animals shall have access to water in all holding pens ... There shall be sufficient room in the holding pen for animals held overnight to lie down and of HATS categories III , Water and Feed availability and IV, antemortem handling. I told REDACTED, Plant Manager, of the non-compliance at 07:45 hours the three issues were rectified immediately.    This NR is linked to NR # CVJ4418084615N-1 from 08/15/2022 for failure of the Establishment’s corrective actions preventing a similar reoccurrence of no water available to penned animals.

313.2

At approximately 08:43 and again at 09:53 hours on 08/15/2022, Dr. REDACTED and Raleigh District Veterinary Medical Specialist Dr. REDACTED, completed antemortem inspection on the animals that were in the holding pens and the following non-compliance was observed. Pen 1, back: Two (2) bovine present with no water available. There was an empty bucket present in the back pen; however, it was dry with a blue-handled knife present in the bucket. No water available to the penned animals. There were two buckets in the front of pen 1, they were fille;  however, no animals were in the front of the pen. The establishment failed to meet the regulations of 9 CFR 313.2(e) Animals shall have access to water in all holding pens. I told Mr. REDACTED, Owner, of the non-compliance at 10:00 hours and the two animals in the back of Pen 1 were provided water immediately. Water availability to penned livestock was discussed with establishment management at the weekly USDA Establishment meeting held on 07/29/2022, documented in MOI # CVJ0915073329E. This NR is linked to NR # CVJ4414084702N-1 from 08/02/2022 for failure of the Establishment’s corrective actions preventing a similar reoccurrence of no water available to penned animals.

313.2

At 09:16 hours on 08/02/2022, Dr. REDACTED and Raleigh Deputy District manager Dr. REDACTED, started antemortem inspection on the animals that were in the holding pens and the following non-compliance was observed. There were two bovines the back of Pen 3 that arrived after the initial antemortem inspection was completed. The temperature was 79* F and clear. -          Pen 3 back: Two bovine present with no water available. There was not a bucket present in the back pen. There were two buckets in the front of pen 3, they were dry no animals were in the front of the pen.     The establishment failed to meet the regulations of 9 CFR 313.2(e) Animals shall have access to water in all holding pens. All the animals had water available to them in all the pens including back of Pen 3 by 10:12 hours.   Water availability to penned livestock was discussed with establishment management at the weekly USDA Establishment meeting held on 07/29/2022, documented in MOI # CVJ0915073329E. This NR is linked to NR # CVJ5310074829N from 07/28/2022 for failure of the Establishment’s corrective actions preventing a similar reoccurrence of no water available to penned animals.

313.1,313.2

At 10:24 hours on 07/28/2022, we, (Dr. REDACTED, Inspector REDACTED Jr. and State Inspector REDACTED) started antemortem inspection on the animals that were in the holding pens and the following non-compliances were observed. There were animals in three pens, temperature 82* F and mostly cloudy, humid. -          Pen 0, Front: Two (2) goats. No water available, bucket overturned, and the ground covered in feces and minimal moisture from urine. No indication that the bucket contained water. -          Pen 1: Five (5) sheep, two fully fleeced. Those two fully fleeced sheep were breathing a little heavily, with an increased respiratory rate. No water available, bucket overturned, and the ground covered in feces and minimal moisture from urine. No indication that the bucket contained water -          Pen 2 Front: One sheep moderately fleeced, breathing a little heavily, with an increased respiratory rate.  Bucket present, dry; no water available. The ground covered in feces and minimal moisture from urine. No indication that the bucket contained water -          Pen 2 Back: One sheep moderately fleeced, breathing a little heavily, with an increased respiratory rate; laying down.  Due to the paneling of the gate separating the front and back pens, unable to determine if the back pen had a bucket or water available. -          Pen 3 had a board with nails present on the ground in the pen. Nails were through the board with the sharp point of the nails facing upwards. The board belongs along the bottom of the divider for the back of pen 2 and pen 3. This broken board was found approximately 07:25 hours and brought to the attention of Associate REDACTED at approximately 08:20 hours and emailed to REDACTED at 08:34 hours. At approximately 10:45 hours the board was still in the pen as described above. The establishment failed to meet the regulations of 9 CFR 313.1(a) Livestock pens, driveways and ramps shall be maintained in good repair and 313.2(e) Animals shall have access to water in all holding pens. All the animals had water available to them in all the pens including front and back of Pen 3 by 13:11 hours by the start of the afternoon harvest on 07/28.The board was re-attached by 07/29/2022 in the morning, after the start of operations. This NR is associated to NR # CVJ0710071625N from 07/25/2022 for failure of the Establishments corrective actions preventing a similar reoccurrence of no water available to animals.

313.2

While preforming Antemortem inspection on live bovines on 07/25/2022 at approximately 08:45 hours, the following noncompliance was observed. Two cows in Pen #2 did not have any water available to them. There was no bucket, trough or access to water. At the time of the finding, it was 82*F partly sunny and humid in the barn. The cows did not appear to be distressed or upset; they were calmly standing in the pen. These animals arrived after the initial antemortem was preformed earlier at 07:42 hours. This was immediately brought to the attention of the establishment personnel and was rectified, and water provided immediately. Plant Manager REDACTED was made aware of this non-compliance at 09:38 hours. This is an NR under the HATS Category III, water and feed availability and noncompliance with 9CFR 313.2(e) Animals shall have access to water in all holding pens.

313.16(a)(1)

At Approximately 09:22 hours on Tuesday, 05/10/2022, IPP observed a Humane Handling noncompliance.  An adult (>30 months), white-faced, black angus bull was in the knock box.  An employee attempted to stun the bull using a .22 rifle, but the first shot with the rifle failed to render the bull unconscious.  It was still standing, looking around with eye tracking and did vocalize once.  The employee took an immediate second shot with the same .22 rifle which caused the bull’s back leg to seize; however, the animal was still standing, looking around and did vocalize a second time.  The employee immediately applied a third shot with the same .22 rifle, but it was still ineffective; the bull was still standing, blinking, and breathing.  The bull appeared to be dazed but was still awake, standing and moving its head around in a mildly agitated manner and looking around with eye tracking.  Blinking could be seen as the animal extend his head out of the knock box. The employee had to leave the kill floor to retrieve a larger caliber firearm from an adjacent room.  The employee returned to the kill floor and fired a 4th shot using a 12-gauge shotgun with a slug and successfully rendered the bull unconscious. Harvest operations were immediately stopped, and after consultation with the Raleigh District office, USDA Reject tag # B42192318 was placed on the knock box at approximately 09:32 hours. I notified REDACTED that the establishment’s harvest operations were suspended of slaughter at 09:37 hours. The Establishment failed to meet the regulatory requirements of 9 CFR 313.16(a)(1) The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with this section so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animal shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

313.2

On 3/3/2022 at approximately 0730 hours I, CSI REDACTED, ( Acting IIC at USDA Est.M-8892) while verifying the humane handling requirement's in the holding pen area, I observed the following noncompliance with HATS Category 111, Water and Feed Availability: I observed in the Suspect Pen (being used as a holding pen) had no water in the water buckets. This situation represents a lack of access to water for the animals being held in this pen ( a total of 2 animals) and is a failure to meet the requirements 9 CFR 313.2 which states that animals must have access to water in all holding pens. The lambs in the pen did not appear to be in distress. Kill personnel and animal handler REDACTED was present and was notified of the noncompliance. Mr. REDACTED promptly filled the water buckets upon notification of the noncompliance. REDACTED, (Plant Manager) was also notified of the noncompliance. Associated noncompliance reports have been documented in section 6a of this noncompliance report.

313.2

At approximately 8:45am, while verifying humane handling requirements in the holding pen area, the District Veterinary Medical Specialist (DVMS) observed the following noncompliance with HATS Category III, Water and Feed Availability: The DVMS observed that the US Suspect Pen (being used as a holding pen) and Pens 1, 2, & 5 either had no water in the water buckets or the water had frozen overnight. Both situations represent a lack of access to water for the animals being held in these pens (a total of 7 animals) and is a failure to meet the requirements of 9 CFR 313.2(e) which state that animals must have access to water in all holding pens. The cattle being held in the pens did not appeared to be in distress. When notified of the noncompliance, an employee immediately went to the holding pen area and provided water to the cattle.

313.15(b)(1)(iii)

At approximately 0835 hours on 1/3/2022 while conducting a Humane Handling Verification Task under Observation for Slips and Falls (HATS Category VII) I, REDACTED, IIC, at Haass Family Butcher Shop Estb. #M8892, observed the following noncompliance: A beef was loaded into the knock box. Before the beef could be rendered unconscious, the flooring of the knock box was dropped. After the beef was observed sliding onto the kill floor area, it continued to stand up and pace the kill floor area. After making numerous failed attempts to get the beef back into the livestock pen area, the kill floor employee responsible for rendering the beef unconscious, shot the beef under no restrains, rendering it unconscious and insensible to pain in the first attempt. The kill floor employees then bleed the beef while hoisting it in the air. Regulatory control action was taken, and US RETAINED tag #B30424389 was applied to the knock box. All kill floor employees were notified that no remaining beef will be allowed to enter the knock box for slaughter. All beef currently being processed may continue to be processed. Mr. REDACTED, Establishment manager, was notified at approximately 0900 hours of this deviation and of the retained tag which was applied to the knock box. After speaking with Mr. REDACTED it was discussed that after his review of the establishment camera footage of the knock box area, the rod used to prevent the lever controlling the drop flooring of the knock box was not secured in place and an establishment employee hit the lever which dropped the flooring of the knock box before the beef was rendered unconscious. Mr. REDACTED was observed reviewing the knock box to ensure that no mechanical issues had occurred and discussing proper equipment procedures with all kill floor employees. The knock box was released at approximately 0915 hours and slaughter processing continued. This is a non-compliance with regulation 9CFR 313.15 (b)(1)(iii).

313.1

At approximately 0745 hours while conducting a Humane Handling Verification Task under Handling during Ante Mortem Inspection (HATS Category IV) I, REDACTED IIC at Haass Family Butcher Shop, observed the following noncompliance: While preforming inspections in the animal pen holding area, animal pens three and four were observed being in disrepair and not suitable for holding animals. Animal pen three was observed with a large broken wood board on the ground at the back of the pen. Multiple animals were observed walking and tripping on the wood board. The large metal gate used to divide the animal pen was also observed not being secured to the pen wall and being on the ground with multiple animals laying on top of it. A feed pan on the pen floor was also observed in disrepair as it was completely torn apart. Regulatory control action was taken and US Reject tag #B20465074 was attached to animal pen three. Animal pen four was observed with a large broken wood board on the pen floor as well. Animals were once again observed tripping on the board while moving around in the pen. The metal dividing gate was observed with the metal mesh peeling from the framing with jagged edges facing outwards. The bottom door hinge to the animal pen was observed not being secured and swinging into the walkway area. Regulatory control action was taken and US Reject tag #B20465075 was attached to animal pen four. I notified Ms. REDACTED, plant manager that regulatory control action was taken due to inadequate facilities. Ms. REDACTED stated that the establishment will have the pens in satisfactory order by this Monday and will remove all animals from affected pens. This is a non-compliance with regulations 9CFR 313.1.

313.15(b)(1)(iii),313.15(a)(1)

At approximately 1021 hours on 10/25/2021 while conducting a Humane Handling Verification Task under Stunning Effectiveness (HATS Category VIII) I, REDACTED IIC at Haass Family Butcher Shop, observed the following noncompliance: While attempting to stun a heifer, the plant employee did not render the heifer unconscious with a single stunning attempt. The plant employee aimed and fired a hand-held captive bolt gun in the forehead region of the heifer’s head. The heifer fell backwards coming out of the head restraint with the front left leg falling and getting stuck on top of the head restraint. The heifer was observed making rapid eye movements, blinking, and making attempts to stand back up. The plant employee made a second attempt with the hand-held captive bolt gun immediately and the heifer continued making rapid eye movements, blinking and, making attempts to stand up which verified the heifer remained conscious. A second plant employee left the kill floor to retrieve the back-up stunning device, a 410 shotgun, loaded it, handed it to the other plant employee who then shot the gun rendering the heifer unconscious with the third stunning attempt. On post-mortem examination I observed three holes on the skull. All three separate holes were in the forehead area. I notified Mr. REDACTED immediately that a regulatory control action would be taken due to ineffective stunning and placed US Reject tag #B20465044 on the knock box. Mr. REDACTED was notified at 1058 hours that a reinstatement of Suspension would be in place until further notice. This is a non-compliance with regulations 9CFR 313.15(a)(1), 313.15(b)(1)(iii), and the HMSA of 1978.