ZMDR, LLC: Non-Compliance to Humane Livestock Handling in 2022 (USDA)

313.15(a)(1)

HATS Category VIII – Stunning Effectiveness At approximately 1832 hours on 8/10/2022 while starting to leave the establishment, I observed an animal on the ground in the area adjacent to the barns designated for deads. I immediately went over to evaluate the situation. At this time, I observed a cow laying on its right side on the ground kicking its front two legs. Upon closer evaluation of the cow, I observed a knock hole on the front of the head near the top of the forehead. I then heard the animal vocalize twice and I observed signs of rhythmic rising and falling of the rib cage indicating the animal was still breathing. At that time, I also observed the animal repeatedly trying to right itself by attempting to lift its head and kicking its feet. I immediately entered the establishment to locate supervisory personnel in order to notify establishment management and locate someone to re-stun the animal. I was unable to locate supervisory personnel on the premises but located a maintenance technician who then was able to reach Barn Supervisor REDACTED by phone to inform him of the incident. The maintenance technician stated Barn Supervisor REDACTED was enroute back to the establishment. Upon returning to the area the animal was located, I observed 4 additional maintenance technicians observing the animal. We all heard the animal vocalize and observed signs of rhythmic breathing. The animal again began trying to right itself by attempting to lift its head and kicking its feet. At that time, I again requested the animal be re-stunned and stuck. I observed the maintenance technician apply a poll knock at approximately 1850 hours immediately followed by pithing and sticking. Upon further observation, I did not observe any further signs of consciousness. As per supervisory instruction, I took regulatory control action by placing US Rejected Tag #B-45995553 to the knock box to prevent the further slaughter of animals until the inhumane stunning issues could be addressed. At approximately 1900 hours, Barn Supervisor REDACTED returned to the establishment and stated this animal went down in the alley at the end of the production day at approximately 1700 hours. He further stated he personally knocked the animal in the alley at approximately 1700 hours and it showed no signs of consciousness prior to removing her from alley. At that time, I advised Barn Supervisor REDACTED that slaughter operations were suspended. At approximately 0550 hours on 8/11/2022, Plant Manager REDACTED stated her review of video footage from the incident revealed the animal was stunned in the alley at approximately 1652 hours on 8/10/2022. She further stated the animal showed no signs of consciousness after stunning and was removed from the alley. The establishment has failed to meet the requirements of 9 CFR 313.15(a)(1).

313.2

HATS Category III – Water and Feed Availability On May 12, 2022, while observing animal handling activities for HATS Category III – Water and Feed Availability, I CSI REDACTED, observed the following noncompliance. At approximately 1315 hours I observed a large Holstein (ear tag #4264) lying down on its side in pen 2. When I approached her, I observed her labored breathing and outwardly thrusting her hind legs as she was making several unsuccessful attempts to rise to a standing position. Upon further observation, I observed her back legs hobbled with a rope. I immediately contacted Supervisor REDACTED, who was not in the barn at the time of my observations, and I requested he come to the barn to assess the situation. I asked Supervisor REDACTED if they had placed the hobble on the cow and he stated she probably arrived like that. Supervisor REDACTED immediately contacted an employee to cut the rope. Upon my return to the barn at approximately 1325 hours, I observed the rope around the legs of the cow (ear tag #4264) had been cut and she was standing at the feeding area actively grazing on hay. Based on these observations, the hobble was clearly limiting this cow’s ability to ambulate after lying down hindering her access to water and feed. The establishment has failed to meet the regulatory requirements of 9 CFR 313.2(e). This matter was previously discussed with the establishment management on 3/24/22 (MOI #SDY5221032825G).

313.2,313.1

HATS category IV- Antemortem Inspection, V- Suspect and Disabled, and VII – Slips and Falls At approximately 0617 on 05/11/2022 while observing humane handling activities for HATS category IV- Antemortem Inspection, V- Suspect and Disabled, and VII – Slips and Falls, I, SPHV REDACTED, observed the following noncompliance. I entered the drive alley area between the barn and stunning building where cattle are driven as groups to enter the single file alley to the restrainer. I got up on the platform to observe cattle in the wide area of the alley, and observed a cow go down in deep sloppy mud where the wide alley becomes single file. This area of the facility is not under cover, most of the alley structure is stationary and the center panels can be opened, and semi-trucks are driven through the lowest part to reach the back of the building creating more mud in the center. As the alley “snakes” back and forth to the slaughter building there are lower sections, dips and rises, where more mud accumulates. The higher areas look to have had some gravel added in the past but are still not dry. The alley is deeper than the surrounding ground, like a trough in the ground. There was standing water around this area outside of the alley. The cow was in a sloppier part of the alley and unable to rise out of the suctioning mud, that covered her limbs and belly. I took regulatory control with reject tag #B18261758 and I informed establishment management they would need to address the alleyway and provide better footing before they could drive more cattle through the area. Cattle behind this cow were stopped behind a gate, also in the wide section of muddy alley, outside of the holding barn. Immediate corrective actions included, humanely euthanizing the cow after she was able to rise and then fell again. They then hand shoveled sloppy mud from the alleyway, the consistency of wet cement, and brought in skid loaders with large white gravel to fill the deep trough like alley at the end near the restrainer. At approximately 0640, this area of the alley was covered with dry gravel, bringing that section up closer to level with the surrounding area. They opened the gate in the alley to move the waiting cattle toward the restrainer and stunner, and toward this new gravel. When the gate came open, I observed a cow lying flat out in the center of the group, in the wet part of the mud, and I immediately informed the supervisor that they had a down cow in the group. As employees began to drive the cattle, the down was trampled numerous times by the excited cattle in the gated area inside the alley. Employees were yelling for a captive bolt stun gun, as one was not readily available. As an employee exited the barn with a captive bolt, the cow was still being stepped on as the group of cattle circled her. She was conscious and in distress. I observed that her eyes were rolling back in her head, she was rapidly breathing, and she was kicking her legs as her limbs and abdomen were being stepped on. She was not able to lift her head and neck out of the mud. After the employee entered the alleyway, he picked her head up and then humanely euthanized her. I informed Plant Manager REDACTED that all cattle movement would cease until I could reach the Springdale District office to discuss the egregious humane handling incident that occurred due the state of the muddy alleyway. This is a failure of the requirements under 9 CFR 313.1(b) and 313.2 and the establishment’s responsibilities to maintain their pens and alleys in good repair and protect disabled animals from ambulatory animals. SPHV REDACTED had previously discussed this same concern in weekly HACCP meetings for the establishment to allow the alleyway to become sloppy with mud, conditions which worsen as the day progresses. He discussed his concerns that these conditions could lead to humane handling failures. These concerns are documented in the weekly meeting MOIs from 04/15/2022 (MOI# SDY1710040418E) and 04/08/2022 (MOI#SDY0110044212E). Preventive measure provided at that time included a short-term solution of adding soil and gravel to the area. On 05/02/2022 I was observing humane handling and noted that this same area of the alleyway was sloppy and muddy with standing water in it. I approached the humane handling employee in the area who was on her radio. She informed me that she was already addressing the mud and calling for someone to come use their pump truck to remove the standing water as she was aware that this was a problem and could lead to humane handling failures.

313.1

HATS category IV – Antemortem At approximately 0610 on 01/07/2022 while observing humane handling activities for HATS category IV – Antemortem Inspection I, SPHV REDACTED, observed the following noncompliance. I entered the drive alley area where cattle are driven single file to the restrainer. At the bend in the alley, I observed cattle walking forward and backward waiting to be driven forward into the restrainer. The floor grates in the corner were askew, with 2 sections down in the hole and the pointed edges sticking straight up in the air. The cattle moved forward and the first one to pass the hole slid her hoof and lower portion of leg down into the hole, just missing the edges of the metal grates. She lifted herself back out of the hole and moved past the corner. I took a regulatory control action with reject tag #B28752168 and informed the employee running the gate that I needed a supervisor and they would need to fix for the floor before they could bring more cattle into the alley. Slaughter Manager REDACTED was notified of the noncompliance. Immediate corrective actions included welding the metal floor grates together to form one larger grate that would not shift as easily when stepped on. I released regulatory control at approximately 0646 hours after reviewing corrective actions. This is a failure of the requirements under 9 CFR 313.1(a) and the establishment's responsibilities to maintain their pens and alleys in good repair. This NR is associated with previous NR #SDY5811123107N written on 12/07/2021 for the same failure. Previous corrective actions were not sufficient to prevent recurrence. Continued failure may result in regulatory action.

313.1

HATS category IV – Antemortem At approximately 1050 on 12/07/2021 while observing humane handling activities for HATS category IV – Antemortem Inspection I, SPHV REDACTED, observed the following noncompliance. I entered the drive alley area where cattle are driven single file to the restrainer. At the bend in the alley, I observed 4 cattle were walking forward and backward waiting to be driven forward into the restrainer. The second cow in line was standing down in what appeared to be a hole in the floor. The 2 cattle were driven forward out of the hole and I observed that the floor grates of the alley way were missing in the corner of the drive alley. The cow had been standing with a leg down in the draining trough of the floor. I took a regulatory control action with reject tag #B28752161 and informed the employee that the remaining 2 cattle standing prior to the hole could not be driven into the restrainer until corrective actions were taken. An employee climbed into the alleyway and dug around under the floor in the trough to find pieces of floor grates that he then fit into the gap in the floor. I released regulatory control at approximately 1154am after reviewing corrective actions. This is a failure of the requirements under 9 CFR 313.1(a) and the establishment's responsibilities to maintain their pens and alleys in good repair. I spoke with the Slaughter QA Supervisor and informed him of the noncompliance.

313.15(a)(1)

HATS Category VIII Stunning Effectiveness Today at approximately 0643 hours, I, Dr. REDACTED, observed the following noncompliance while performing Livestock Humane Handling verification task. There was a black cow down on the trailer and an establishment lead was performing euthanasia with hand-held captive bolt device with QA supervisor present to observe. The first knock was applied to the forehead of the animal but it was not effective in rendering the animal unconscious and the animal swung it's head to the left. The cow remained in sternal position and was still fully alert and conscious and tracking the movement of the knock operator. The knock operator immediately reloaded the captive bolt with a charge and applied a second knock to the poll of the animal's head. The second knock was effective and rendered the animal immediately unconscious. I notified Plant Owner REDACTED of the failure to meet the regulatory requirements of 9 CFR 313.15(a)(1). A review of recent NR's did not reveal any similar cause NR's.