JBS Plainwell, Inc.: Non-Compliance to Humane Livestock Handling in 2022 (USDA)

313.1

At approximately 5:30am, Thursday, September 15th, 2022, while performing ante-mortem inspection in the barn, CSI REDACTED observed a broken bar between pen 6 and 7. The weld had broken on one end of a lower bar of the middle section of gate dividing the two pens and was protruding out into pen 6. Barn personnel moved the animals from pen 6 into previously empty pen 4 and elected not to use the pen until it has been repaired. CSI REDACTED informed Kill Floor Superintendent REDACTED of the findings and the forthcoming noncompliance.

313.1

Hats Category IV At approximately 0530 while performing antemortem inspection on cattle I observed the following noncompliance: I observed several cattle slipping in several pens and along the walkway to the snake area. In pen #5, while cattle were being moved at a normal pace, I observed many (too many to count) of the cattle slipping. I observed 3 of the cattle had slipped and dipped below of the level of the other cattle, but due to the size of the herd, I could not see if any body part of these 3 made contact with the floor. In pen #15, I observed one bovine slip and it couldn’t get up as it couldn’t get a solid footing and took approximately a minute or so to be able to get a footing to upright itself. In pen # 11, I observed two of the cattle slipping while being moved at a normal pace. The cattle slipping in various areas of the barn is noncompliant with 9 CFR 313.1 Livestock pens, driveways, and ramps (b) Floors of livestock pens, ramps, and driveways shall be constructed and maintained to provide good footing for livestock. Slip resistant or waffled floor surfaces, cleated ramps, and the use of sand, as appropriate, during winter months are examples of acceptable construction and maintenance. I talked with Supervisor REDACTED about my findings and explained this was a noncompliance of 9CFR313.1 (b) and an NR would be issued.

313.1

On Thursday, June 30, 2022, Inspector REDACTED observed the following noncompliance at JBS Inc. in Plainwell, MI. While performing ante-mortem inspection in the barn at the establishment, a steer was discovered at approximately 5:40 AM with its head stuck between the vertical bars, at the junction where the gate for pen # 14 is secured to the alley post with a lock and chain. An employee attempted to get the lock and chain off by maneuvering the gates to loosen the tension, but was unsuccessful. Another employee left the area to get bolt cutters to free the entrapped steer. The night shift lead was notified that the incident would be documented as a non-compliance. This is a failure by the establishment to maintain livestock pens in accordance with 9 CFR 313.1(a) under HATS category IV. This incident is linked to humane handling CFO3206060915N from June 15, 2022 and serves as a formal notice that a non-compliance exists.

313.1

HATS Category II: On 6/15/22 at approximately 0533 hours, while performing the Livestock Humane Handling Review and Observation task, the CSI witnessed an animal that had its right rear foot trapped under the rear toe guard in pen 17 of the facility. The plant was unable to free the animal from the facility and elected to knock the animal at this time. The CSI alerted Barn Supervisor REDACTED of the findings and issuance of an NR under HATS Category II, as well as tagged the pen with US Reject tag NO.B-45948351. The CSI pulled the tag at 1615 hours when the toe guard had been rewelded and reinforced releasing the pen to the plant. Supervisor REDACTED informed the CSI that over weekend that maintenance was going to go through and replace/repair toe guards. The requirements of 313.1(a) of 9CFR were not met.

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

HATS CATEGORY VIII—STUNNING EFFECTIVENESS At 1426 hour on 4/14/2022, while performing a routine livestock humane handling verification task, I observed noncompliance with Humane Slaughter of Livestock—Mechanical; Captive Bolt regulatory requirements. As I approached the stun restrain box, I observed a beef animal in the stun restraint box turning its head from side to side. After the animal calmed down and stopped its head movement, I observed the captive bolt operator apply a blow to the forehead of this beef animal with a compressed air fired captive bolt gun. Just as the operator applied the blow, the beef animal moved its head upward. After this stunning attempt, the animal remained conscious, bellowed, and shook its head from side to side. The captive bolt operator quickly grabbed a cartridge fired captive bolt gun and applied a second blow to the forehead of the beef animal. This second blow effectively rendered the beef animal unconscious. I then briefly stopped the line to observe the forehead of this beef animal. I observed two knock holes on the forehead of this animal. One hole was very near the center of the forehead, at the intersection of two lines drawn from each eye to the opposite ear. The second hole was off from the center of the forehead, about 1 inch below and 1 inch to the animals right of this first described hole. Later, I examined the skinned skull of the beef animal described above. I probed the off center and slightly larger knock hole with a knife honing steel; it was clear that the pin of the compressed air captive bolt gun had entered the right frontal sinus of the animal through this knock hole. I also probed the center and slightly smaller knock hole with knife honing steel; it was clear that the cartridge fired captive bolt gun pin had entered the brain cavity through this knock hole. These findings illustrate noncompliance with 9 CFR 313.15 (a) (1), because the captive bolt stunner was not applied to immediately produce unconsciousness in a livestock animal and because a livestock animal was not rendered unconscious with a minimum of excitement and discomfort. In addition, this finding illustrates noncompliance with 9 CFR 313.15 (b) (1) (iii), because the design of the stunning area did not limit the free movement of a livestock animal to allow the captive bolt operator to locate the stunning blow with a high degree of accuracy. Immediately after stopping the line and observing the forehead of the above-described beef animal, I notified REDACTED (Technical Services Director) of my findings. I also immediately notified REDACTED that I would be documenting my findings on a noncompliance record. I then informed REDACTED that she could start the line again when establishment personnel were ready. There have been no similar noncompliance findings at the establishment in the last 90 days

313.1,313.2

HATS Category IV: On 03/29/2022, at approximately 09:55 hours the SPHV was performing the Humane Handling task when the following noncompliance was observed in the knocking box area. When the SPHV got to the knocking box area it was observed that plant management and other employees were looking at an animal that was on the floor of the snake just before the brisket belt of the knock box. When the SPHV approached that area, it was observed that a steer was contorted in lateral recumbency with his head twisted toward the left and under the left side of his body. The caudal aspect of the steer’s body was towards the brisket belt. The animal was breathing rapidly, moved his right rear leg, and was unable to stand from that position on its own. The SPHV notified plant Slaughter Supervisor REDACTED of the noncompliance and took regulatory control action by retaining the knock box with retain tag NO B-45 949476. At approximately 10:09 hours returned to the knocking box area to find out that the steer was no longer breathing or showing any signs of being alive. Upon further observation by the SPHV it was determine that the animal was deceased, and this was later confirmed by observations of the CSI who saw when the animal was dragged out of the area with his ears down, and was not breathing. Technical Service Director REDACTED was notified verbally of the noncompliance and of the withstanding regulatory control action and of further administrative action to be taken by the district office. The conditions of regulatory requirements 313. 1(a) and 313.2(a) were not met. It was determined that this event was considered egregious and a Notice of Suspension was issued by the district office. This document serves as notification that continued failure to meet regulatory requirements could lead to further regulatory or administrative action.

313.15(a)(2),313.2

At approximately 1:15pm, Friday, February 18th, 2022, while performing ante-mortem inspection in the barn, CSI REDACTED came upon a situation at the knock box involving a steer with its head stuck under the right side green plastic body slide and brisket conveyor. The knock box has a floor that slopes downward with a brisket conveyor running out of the middle of the slope. The animals walk down the slope, which eventually drops off, but the animal is then riding on the brisket conveyor. On the walls making up the sides of the box, there are green plastic body slides to guide the animals down onto the conveyor. The slides themselves are approximately 18in in height, protrude about 4in from the wall, and are mounted about 18-20in above the floor and run parallel to the sloped floor of the knock box. The steer had its head stuck between the brisket conveyor and the side of the knock box under the body slides at the bottom edge of the slope of the knock box. The steer was vocalizing and was in distress. The animal's head was stuck such that the knocker could not access it from the top of the knock box. After several minutes, plant personnel had removed previously installed access panels and the knocker was able to knock the animal successfully. Food Safety Superintendent REDACTED was informed of the forthcoming noncompliance. The conditions of 313.2 and 313.15(a)(2) were not met. HATS Category VI

313.1,313.2

At approximately 05:50 hours, on November 29, 2021, SPHV Dr. REDACTED was performing Livestock Humane Handling Ante-Morten inspection duties when she observed the following noncompliance. SPHV Dr. REDACTED observed a heifer from pen 9 with her head stuck in the far-left square railing in the middle section of a gate from pen number 10. The heifer tried to get her head out of the hold but was unable to do so. Some animals of pen 10 approached the stuck heifer’s head causing the latter to pull back forcibly in distress to liberate herself. Since the heifer was not able to get the head unstuck on her own plant maintenance personnel were called to the barn. The plant’s maintenance team tried to liberate the head of the heifer with a saw, but when they put the saw close to the heifer’s head to cut the bar lose, the animal appeared to be in distress. The animal started to back out forcibly, was moving her head around trying to liberate it, and was jumping up and down. The plant opted for voluntarily euthanizing the animal before liberating the head. The heifer was stunned effectively, and the head was later liberated by the maintenance personnel when they cut the bar around the head. Barn Supervisor REDACTED was notified verbally of this noncompliance record. The conditions of regulatory requirements 313. 1(a) and 313.2(a) were not met. Noncompliance record number CFO13131128112N/1 dated Nonmember 19th, 2021 for the same cause will be associated with this current noncompliance record. This document serves as notification that continued failure to meet regulatory requirements could lead to further regulatory or administrative action.

313.2

At approximately 12:30pm, Wednesday, November 24th, 2021, while performing ante-mortem inspection, a plant employee informed CSI REDACTED of a down cow in the back half of pen 25. The cow was laying on its left side perpendicular to the back wall of the pen and about 3-4 feet away from the wall. This employee attempted to get the cow up, but was unsuccessful. Plant supervision came out and instructed the employee to keep pulling pens and to "leave it there", referring to down cow. Another plant employee attempted to get the animal up, but was unsuccessful. This employee tried again approximately 15 minutes later to get the cow up, but was again unsuccessful. The cow attempted a get up a couple times itself, but only managed to rotate itself counterclockwise a few feet. It otherwise remained in the same position until approximately 3:30pm when a plant employee euthanized the cow. The cow could not access water in the position it was in. A similar incident from 11/18/21 was documented in a noncompliance record and will be linked to this record. Corrective actions were not effective in preventing a recurrence. The conditions of 313.2(e) were not met. Superintendent REDACTED was informed of the forthcoming noncompliance. HATS Category III

313.2

At approximately 12:00pm, Thursday, November 18th, 2021, CSI REDACTED was performing ante-mortem inspection duties in the barn and noticed a sternal recumbent cow in the back of pen 7 which was otherwise empty. The animal was laying at an approximate 45 degree angle to the back of the pen with its hind end very close to the back wall of the pen. The animal remained in the same location throughout the day. CSI REDACTED returned to the barn at approximately 5:00pm to check on the animal and found it alive and in the same position it had been in earlier. The animal could not access water in the position it was lying in even though the pen had water in the trough just behind the animal. CSI REDACTED informed Barn Supervisor REDACTED of the forthcoming noncompliance. The conditions of 313.2(e) were not met. HATS Category III

313.1

At approximately 10:50am, Friday, November 12th, 2021, while performing humane handling tasks in the barn, CSI REDACTED noticed a commotion at the other end of the barn. A steer had its head stuck between the toe guard and the first rail of the railing on the walkway on the outside of the crowder which makes up one side of pen 9. This walkway stands approximately 2ft above the level of the barn. The steer was laying down with its head stuck upwards in the railing. Attempts by plant employees to get the animal up to free itself were unsuccessful. Maintenance employees ended up cutting the rail which allowed the animal to free itself and then the animal was able to get up. The animal did not appear distressed during the ordeal and CSI REDACTED did not observe any obvious physical injuries. Barn supervisor REDACTED was informed of the forthcoming noncompliance. The conditions of 313.1(a) were not met, " Livestock pens, driveways and ramps shall be maintained in good repair. They shall be free from sharp or protruding objects which may, in the opinion of the inspector, cause injury or pain to the animals. Loose boards, splintered or broken planking, and unnecessary openings where the head, feet, or legs of an animal may be injured shall be repaired." HATS Category IV

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

HATS Category VIII At approximately 12:00 hours, on November 3rd, 2021, SPHV Dr. REDACTED was performing Livestock Humane Handling Stunning inspection duties when she observed the following noncompliance. SPHV Dr. REDACTED was observing a plant employee stunning beef cattle at the knock box. A beef animal that was going to be stunned was moving its head from side to side. The plant employee line up a shot towards the forehead of the animal with the pneumatic captive bolt stunner, while the animal was moving its head. When the plant employee shot the pneumatic captive bolt, towards the forehead area of the animal, SPHV Dr. REDACTED observed that the animal was not rendered unconscious. After this ineffective shot the animal was visually tracking, eyes were open, was moving its head, had erect and attentive ears, and was licking its nose. It was also observed a bloody spot in the mid forehead area were the plant employee had fired the captive bolt. The plant employee immediately and effectively lined up a second shot with the handheld captive bold that rendered the animal unconscious as the animal immediately drop its head down, and ears and tongue were limp. Barn Supervisor REDACTED was notified verbally of this noncompliance record. The conditions of 313.15(a)(1) and 313.15(b)(iii) were not met. Noncompliance record number CFO141408020 N/1 will be associated with this current noncompliance record as failure to implement corrective actions and preventive measures were ineffective at preventive a reoccurrence.

313.2

HATS CATEGORY II- Truck Unloading On 10/22/2021, at approximately 10:15 hours, SPHV Dr. REDACTED was performing Livestock Humane Handling task for HATS category II Truck Unloading when she observed the following noncompliance. A barn plant employee was segregating a group of about 6 beef cows that had been unloaded from the truck onto the dock area. While trying to segregate the cattle from one dock pen of the loading area to the other, he swung the middle gate to close the pen, but it hit one of the beef cows in the head. The cow dropped down from the impact in her head but was able to get up and walk back to her pen. Dr. REDACTED caught the attention of Barn Supervisor REDACTED for him to address the employee actions. Immediate corrective action by the plant was to tell the employee that is actions were inappropriate. Barn Supervisor REDACTED was verbally notified of this noncompliance for the failure to meet 9CFR 313.2(a). A noncompliance of the same cause was also reported on August 24th, 2021 record number CFO3905082025N/1, and has been associated to this noncompliance record. This document serves as notification that continued failure to meet regulatory requirements could lead to further regulatory or administrative action.

313.2

At approximately 2:50pm, Thursday, October 14th, 2021, CSI REDACTED was observing plant employees drive cattle through the serpentine chute towards the knock box. One cow in particular had long horns and was having some difficulty navigating the chute. Plant employees successfully drove the cow through the chute with minimum excitement. The cow then reached the back of the knock box and would go no further. While employees were trying to get the cow to move, one employee started applying an electric prod to the back of the cow just forward of the tail head area. The cow reacted to the prod by flinching. The cow started to move while the employee continued to prod it toward the knock box. In doing so, the prod made contact with the perineal area of the cow. The cow moved down into the knock box and the employee ceased prodding the animal. The animal was successfully knocked on the first shot. It is unclear if the prod was discharged on the sensitive area of the animal, however it is considered excessive and noncompliant to apply an implement to sensitive areas of an animal in order to drive it anywhere. The conditions of 9CFR 313.2(b) were not met. Barn Supervisor REDACTED was informed of the forthcoming noncompliance. HATS Category VI