Nicholas Meat LLC: Non-Compliance to Humane Livestock Handling in 2022 (USDA)

313.1

ON Friday June 24, 2022, at approximately 0823 I found the following non-compliance. I was walking around the barn checking for sharp or pointed edges, I seen that holding pen 2 was empty and did not have any cattle in at the current time. I entered the pen and found that one of the divider rails had been split in the middle and was now sticking into pen 2. The rail was split in the center of the rail and at both ends where it is attached to the rest of the railing dividing pen 2 and 3. There were no cattle in pen 3 at the time either. I ask the barn lead employee to call for a member of management. I then notified Plant manager REDACTED of the non-compliance; I also notified the HACCP coordinator REDACTED of the non-compliance as well. I did not have to take any regulatory control action since there were no animals harmed, or in the pens. The establishment took immediate corrective action by completely replacing the broken rail. This is in non-compliance with 9CFR 313.1(a)

313.2

HATS Category III Water and Feed Availability On Tuesday January 18, 2022 at approximately 0635 hours I was in the barn showing the relief CSI the barn facilities when I noted that Pen number 5 which contained approximately 13 cows and the Suspect Pen which held one cow from a Canadian load did not have any water in the automatic waterers. There was a small amount of ice in the bottom of the waterer in pen 5. Barn Manager REDACTED was notified of the noncompliance. Maintenance was contacted and repairs were made to the automatic waterers. This is a noncompliance of 313.2(e).

313.2

This noncompliance was written by Dr. REDACTED who performed humane handling in the barn at Nicholas Meats on 12-2-2021. 12/2/21- Category II Truck Unloading At approximately 1:15 pm I observed cattle being off loaded from a double decker cattle truck into pen five. The truck driver was in the truck, and the plant employees and I were in the alley way when the truck driver opened the gate for the second section of the top truck area and the Black Angus-type cattle came down the ramp. The driver remained in the trailer as there were more animals to unload. The cattle that had just unloaded went thru the alleyway gates and into pen five, but then three of the cattle turned around and headed back up into the alleyway. The cattle appeared very worked up, and as no employees had done anything inappropriate that would have excited them, the animals’ behavior suggested that they were not used to people, being handled, and/or being on a trailer. The new establishment barn employee who was manning the alleyway gate did not close the gate in time to keep the cattle in, and therefore the three cattle ran back out of the pen, thru the alley way gate, and back up into the trailer itself where the truck driver was. We could all hear the truck driver screaming as he was getting slammed into truck walls and gates by the cattle. The truck driver only had a paddle. The plant employees climbed on the outside of the trailer using hot shots trying to assist the driver and get the cattle out of the truck. Fortunately, the truck driver was able to get the cattle back outside the truck and into pen five. I informed establishment employee barn manager and REDACTED that they would be receiving a NR. This failure to move the animals with a minimum of excitement is a non-compliance with regulation 313.2(a)