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

313.2

HATS Category III Ante-Mortem Inspection On 09/06/2022 at approximately 1209 hours prior to performing Ante Mortem Livestock Inspection in the Cattle Pens, I noted the following regulatory non-compliance. I observed an empty water trough in Pen #3. There was a total of 33 animals being held in the pen. I immediately asked the employee to remove the cattle from the pen and place them in a pen where water was available. The cattle were placed in Pen #6 with full access to water. I placed U.S. Reject Tag B45444807 on pen #3. I showed REDACTED (Cattle Pen Supervisor) my findings and informed him that a non-compliance record (NR) would be issued. The establishment failed to make water available to the cattle represents non-compliance with 9 CFR 313.2(e).

313.15(a)(1)

**HAT Category VIII Stunning Effectiveness** At 1603 hours on Monday, 8/8/22 while watching stunning on the mezzanine with CSI REDACTED, we observed the following non-compliance: Establishment employee REDACTED, responsible for knocking, was noted to apply a captive bolt stun from the pneumatic gun to a Holstein steer (#1882). In response to the knock the animal appeared to act somewhat startled sticking its head out of the knock box and looking around ("eye tracking"), but it did not appear to be in pain. The employee was then noted to feel around the animal’s forehead with his hand as if searching for a knock hole. A few seconds later he then delivered a second knock to the animal which immediately rendered it unconscious. From our vantage point up on the mezzanine level we we saw a small forehead wound that had been created from the first ineffective knock. The animal’s response of looking around but otherwise not being startled nor agitated suggested that if a wound had been created by the missed stun it was superficial in nature. It is a regulatory expectation that each delivered captive bolt stun attempt that makes contact with the animal be an effective one (i.e. one that induces immediate insensibility) as per 9 CFR 313.15(a)(3) and 9 CFR 313.15(b)(iv). REDACTED (Harvest Manager) was informed of the incident and that a non-compliance record (NR) would be issued.

313.2

HATS Category IV Humane Handling During Ante-Mortem Inspection On July 14, 2022, at approximately 1157hrs while performing ante-mortem on a pen of Holstein steers I noted the following non-compliance: As the animals were being driven from Pen #9 to Pen #1, and presented to me, one Holstein steer managed to wedge himself between the metal man shield (approximately 5’ high and 3’ wide) which is a metal plate located in the North corner of the pen designed to allow a man to stand behind. The metal shield is not big enough for an animal to be behind it, as its location in the corner of the pen does not allow for enough space for an animal to travel through it. The animal was initially stuck in a standing position with his abdominal girth wedged between the metal piping and a support beam. The animal did not seem stressed and was not actively trying to free himself, but he was visibly stuck. Noting the trapped status of the animal, I phoned the USDA office to report what was happening to the SCSI. As REDACTED (Cattle Pens Supervisor) went to euthanize the animal it was able to free himself. Once freed the animal did not have any visual injuries. Retain tag# B45444809 was applied to Pen #1 upon further investigation of the man shield. REDACTED (QA Superintendent) was notified of the incident and that a non-compliance (NR) record would be recorded. That the establishment failed in the driving of the livestock shall be done with a minimum of excitement and discomfort to the animals represents non-compliance with 9 CFR 313.2. A review of associated NR’s for the past 90 days revealed 1 linked NR: ECD1117052310 (5/10/2022).

313.15(a)(1)

HAT VIII: Ineffective Stunning On 5/18/2022 at approximately 0618 hours while I (CSI REDACTED) was performing ante-mortem inspection at establishment M267, JBS, Tolleson at the cattle pens when the following occurred: Employee REDACTED was presenting cattle for inspection from pen 28 and noted a non-ambulatory ranch cow recumbent on her belly and not capable to rise from the concrete floor. Mr. REDACTED left the area momentarily to retrieve handheld captive bolt guns and returned to the holding pen. Mr. REDACTED loaded both guns and proceeded to euthanize the animal by applying a stun on the animal’s forehead. The first shot made a hollow sound and was ineffective and did not render the animal unconscious as her head was still upright, swinging side and looking at the employee. The cow made a short momentary vocalizing noise after the stun. During this time the animal remained lying on its belly. The employee immediately attempted to render the animal unconscious with the back-up hand-held gun to give the cow a second stun. The second stun also made a hollow sound and was ineffective and did not render the animal unconscious as her head was still upright, swinging side to side and the cow made a short vocalizing noise after the stun. The animal remained lying on its belly. Mr. REDACTED immediately proceeded to reload one of the handheld guns and applied third stun. The third shot sounded less hollow, and this shot rendered the animal unconscious as her head was no longer upright and she fell to her side and was no longer able to track the employee. I took a regulatory control action at 0735 hours with US Reject Tag No. B45440364 on the restrainer box. After examining the skull, I found three holes that penetrated into the skull from 2.5 to 3 inches. This event was non-compliance with 9 CFR 313.15(a)(1). I notified REDACTED (Food Safety Superintendent) of the non-compliance and that a non-compliance record (NR) would be issued. REDACTED, CSI

313.2

HATS Category IV Handling During Ante-Mortem Inspection On 5/10/2022 at approximately 1205 hrs while performing ante-mortem on a pen of Holstein steers CSI REDACTED noted the following non-compliance: As the animals were being driven and presented to CSI REDACTED, one Holstein steer managed to wedge himself between the metal man shield (approximately 6’ high and 3’ wide) which is a metal plate located in the corner of the pen designed to allow a man to stand behind. The metal shield is not big enough for an animal to be behind it, and it was located in the corner of the pen towards the south side. The animal was initially stuck in a standing position with his abdominal girth wedged between the metal piping. The cattle pen employee then proceeded to try to push on the backside of the steer to get him to move and free himself. The animal was stressed but was not actively trying to free himself. Noting the trapped status of the animal CSI REDACTED immediately notified the SPHV's of the situation. The plant employee left the scene (apparently to search for maintenance personnel to free the animal). At approximately 1215 hrs Dr. REDACTED and Dr. REDACTED arrived at the scene and found CSI REDACTED and the stuck animal. There was no supervisor present from the establishment upon our arrival. No one from the establishment arrived until approximately 6 minutes later. In between the time that the veterinarians arrived and establishment management made their way to the pens the steer went down on its knees and was noticeably struggling to breathe. The animal was bellowing and moaning with its mouth open and tongue hanging out. This went on for approximately 2 minutes and then the animal actually freed itself. Once freed the animal was noted to wander around the pen seemingly not injured. REDACTED (QA Superintendent) was informed of the findings and that a non-compliance (NR) record would be documented. That the establishment failed in the driving of the livestock shall be done with minimal excitement and discomfort represents non-compliance with 9 CFR 313.2.

313.1

HATS Category IV Ante-Mortem Inspection On 4/12/2022 at approximately 0555 hours prior to cattle being driven into the crowd pen/single file, as I was verifying the establishment’s facilities, I observed the following regulatory non-compliance: Along the crowd pen (including the single file) leading to the restrainer/knock box, I found several rusty sharp metal edges from metal support bars. In addition, there were two areas where protruding sharp and pointed metal were found. I took regulatory control action and placed US Reject Tag B45440367 on the gate at the crowd pen and informed REDACTED (Harvest Superintendent) of the non-compliance and that a non-compliance record (NR) would be issued. The failure to maintain pens and the single file in good repair represents non-compliance with 313.1(a). A review of associated NRs for the past 90 days revealed 4 NRs: NR ECD3311032923 (dated 3/22/2022), ECD0714031505 (dated 3/05/2022), ECD1910024721 (dated 2/19/2022), ECD1417025703 (dated2/03/2022). The establishment’s “Robust Systematic Approach to Humane Handling” SOP, states in part that REDACTED The establishment has failed to effectively monitor or address areas where animals are held or pass through to avoid potential injury to livestock.

313.1

HATS Category IV Ante-Mortem Inspection On 3/22/2022 at approximately 0550 hours prior to cattle being driven into the alleyways and crowd pens, as I was verifying the establishment’s facilities, I observed the following regulatory non-compliance: Along the alleyway (including the crowd pen) leading to the single file entrance, as well as inside the single file area (prior to the knock box/restrainer), I found numerous rusty sharp metal edges from the metal sheet fencing including some of the metal support bars. I took regulatory control action and placed US Reject Tag B45447815 on the crowd pen entrance gate and informed REDACTED (Food Safety Superintendent) of the non-compliance and that a non-compliance record (NR) would be issued. The failure to maintain alleyways and the single file in good repair represents non-compliance with 313.1(a). A review of associated NRs for the past 90 days revealed 3 NRs: NR ECD0714031505 (dated 3/05/2022), ECD1910024721 (dated 2/19/2022), ECD1417025703 (dated2/03/2022). The establishment’s “Robust Systematic Approach to Humane Handling” SOP, states in part that REDACTED The establishment has failed to respond to these evaluations or monitorings, as appropriate, by addressing problems immediately and by improving those practices when necessary to avoid potential injury to livestock.

313.1

HATS Category II Truck Unloading On 3/15/2022 at approximately 1110 hours while performing Ante-Mortem Inspection I observed the following regulatory non-compliance: On the south side cattle unloading ramp I noted a dairy cow backing down from the second level platform of a trailer. The animal slipped and fell from the trailer’s ramp, resulting in the animal’s abdomen and sternum on the ramp and its right hind leg hanging off the side of the ramp. I approached closer and found that the cattle hauler/unloader failed to pull the ramp’s side gate from inside the trailer towards the ramp. When this side gate is properly put in place, it eliminates the gap on the side between the ramp and the flooring of the lower platform thereby eliminating the risk of an animal falling off the side while moving down the ramp onto the platform below. When the animal was finally capable of getting back on its feet and out of the trailer, I found that the animal had fresh blood from a laceration on the inside of its right hind leg and approximately 5 inches of skin hanging. In addition, she had fresh scrapes on her udder. I informed REDACTED (Food Safety Superintendent) and REDACTED (Yards Supervisor) of the non-compliance and that a non-compliance record (NR) would be issued. The failure to properly position equipment inside the trailer leading to the animals slip and fall represents non-compliance with 313.1(b).

313.1

HATS Category IV Ante-Mortem Inspection On 3/04/2022 at approximately 1625 hours while performing Ante-Mortem Inspection I observed the following regulatory non-compliance: In the alleyway leading to the single file entrance, I found several rusty sharp and protruding metal edges from the fencing metal sheets and bars. I informed REDACTED (Harvest Superintendent) of the non-compliance and that a non-compliance record (NR) would be issued. The failure to maintain alleyways in good repair that may cause injury or pain to animals represents non-compliance with 313.1(a). A review of associated NRs for the past 90 days revealed 2 NRs: NR ECD1910024721 (dated 2/19/2022), ECD1417025703 (dated 2/03/2022). As part of the establishment’s SOP addressed in the “Robust Systematic Approach to Humane Handling” REDACTED For a systematic approach to be robust, the expectation is that it includes a written animal handling program that effectively addresses design, maintenance, and execution of the aspects of the program. These findings represent a failure in the maintenance of the RSA program.

313.1

HATS Category IV Ante-Mortem Inspection On 2/19/2022 at approximately 1127 hours while performing Ante-Mortem Inspection I observed the following regulatory non-compliance: Inside cattle pen #13 I found rusty sharp and protruding metal edges from the fencing metal bars. I communicated to the cattle presenter to remove the cattle (31 steers) from the pen and took regulatory control action by placing US Reject Tag B45488557 on the pen. I informed REDACTED (Yards Supervisor) of the non-compliance and that a non-compliance record (NR) would be issued. The failure to maintain pens in good repair that may cause injury or pain to animals represents non-compliance with 313.1(a). A review of associated NRs for the past 90 days revealed 1 NR, NR ECD1417025703 (dated2/03/2022). The establishment monitors areas where animals are held or pass through as part of the SOP in their “Robust Systematic Approach to Humane Handling.” To consider a systematic approach to be robust, the expectation is that it includes a written animal handling program that effectively addresses design, maintenance, and execution of the aspects of the program. These findings present a failure in the maintenance of the RSA program.

313.2

HATS Category III Ante-Mortem Inspection On 2/12/2022 at approximately 1101 hours while performing an odd hour Ante Mortem Livestock Inspection of the unloading ramps, pens, alleyways, and carryover cattle, I noted the following regulatory non-compliance. When verifying cattle left over the weekend to ensure that feed and water was provided, I found a Holstein cow in pen 7 without water. I informed REDACTED (Food Safety Superintendent) of my findings and that a non-compliance record (NR) would be issued. The establishment failed to meet the requirement of 9 CFR 313.2(e) “which requires that water is available to livestock in all holding pens.” A review of associated non-compliance records (NR’s) for the establishment not having water available for the animals in the holding pens revealed 2 NR ECD0618122627 (dated 12/27/2021) and ECD1910092723 (dated 9/22/2021).

313.1

HATS Category IV Ante-Mortem Inspection On 2/03/2022 at approximately 0730 hours while performing Ante-Mortem Inspection I observed the following regulatory non-compliance: Inside empty cattle pens # 9 and #20 I found that the water trough that feeds both pens had sharp metal edges and pieces of sharp rusty metal falling off. I took regulatory control action and placed US Reject Tag B45488552 on pen #9 and B45488558 on pen #20. I informed REDACTED (Yards Supervisor) of the non-compliance and that a non-compliance record (NR) would be issued. The failure to maintain pens (trough) in good repair and may cause injury or pain to animals represents non-compliance with 313.1(a).

313.2

HATS Category III Ante-Mortem Inspection On 12/27/2021 at approximately 0612 hours prior to performing Ante Mortem Livestock Inspection on the (south side) of the cattle pens, I noted the following regulatory non-compliance. I observed that at holding pen (#32) the water trough was empty. There was a total of 35 animals in the pen. I immediately took regulatory control action and asked the employee to remove and place the cattle into a pen where water was available. I placed a U.S. Reject Tag B45447614 on the pen. I showed REDACTED (Cattle Pen Supervisor) my findings and informed him of the non-compliance and that a non-compliance record (NR) would be issued. The establishment failed to meet the requirement of 9 CFR 313.2(e) “which requires that water is available to livestock in all holding pens.” A review of associated non-compliance records (NR’s) for the establishment not having water available for the animals in the holding pens revealed 1 NR ECD1910092723N/1 (dated 9/22/2021). REDACTED, CSI