10,000 Lakes Beef, Inc: Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.2

At approximately 1309 hours on 09/27/2023 while verifying HATS Categories III Water and Feed Availability and V Handling of Suspect & Disabled, a steer was presented for veterinary inspection in the suspect holding pen without access to water. The suspect pen does not have a built-in waterer and a temporary water source was not provided. The animal had been in the pen for more than 30 minutes, and the barn team lead was cleaning the floors in another part of the barn. He also did not provide water after he observed USDA IPP in the barn. This is noncompliant with 9 CFR 313.2(e) in that the establishment failed to provide access to water at all times in the holding pens. Barn Team Lead REDACTED was immediately notified of the noncompliance and that a noncompliance record would be issued. He immediately notified COO REDACTED via radio of the noncompliance. Lead REDACTED took immediate corrective action providing water in a barrel for the animal.

313.2

On March 1, 2023 at approximately 1040 while doing a Humane Handling task, I observed the following non-compliance. After preforming Antemortem inspection on the animals in pen 2 and the Barn Supervisor, REDACTED moved the 40 cows into Pen 4. I went into the vacant Pen 2 and observed that the tank to hold the drinking water for the cows in pen 2 had a little water in the bottom that was completely frozen over and had no other available drinkable water. According to the Establishments records the cows in pen 2 have been there since 0741. Also in Pen 1A I observed 5 cows and I observed that the water tank to hold drinking water had the little bite of water in the bottom approximately 2 inches completely frozen solid and no other available drinkable water. According to the Establishments records these 5 cows had been without drinking water since approximately 0651. I informed Barn Supervisor, REDACTED of the forth coming non-compliance with 9 CFR 313.2.

313.1

HATS Category I: Adequate Measures for Inclement Weather At approximately 0600 hours on 02/16/2023 while walking to the barn to perform antemortem inspection, a large patch of ice approximately 2 inches thick extending across the entire width of the alley way and approximately 10 feet long was observed on the ground at the bottom of the slope leading up to the barn. There was rain and above freezing temperatures on 02/14/2023 and freezing temperatures on 02/15/2023. Cattle are driven out of the barn into this alley for antemortem inspection and this alley is used during unloading. This is noncompliant with 9 CFR 313.1(b) in that the establishment failed to maintain the floor of the unloading docks and alley to the barn in such a way as to provide good footing for livestock despite recent inclement weather. Immediate regulatory control action was taken by tagging each unloading dock gate with U.S. Rejected tags No. B36266079 and B36266080. Barn Lead REDACTED was immediately notified of the noncompliance, as was the SPHV. Upon further inspection with the SPHV, ice was observed covering 100% of the alley way, from the unloading docks all the way to the barn and extending approximately 1 ft into the barn. The ice ranged in thickness from approximately 1⁄4 inch to 2 inches. The ice-covered ground was extremely slick underfoot. There were approximately 4 inches of accumulated manure and ice extending approximately 4 inches into the alley on either side, which were also iced over and slick. Ice accumulation in this area was discussed with QA Manager REDACTED on 02/15/2023 when the establishment was not using the unloading docks as they were not harvesting. COO REDACTED and later QA Manager REDACTED were also notified of the noncompliance and that a noncompliance record would be issued. When the south unloading dock and the alley were brought back into compliance by restoring adequate footing the regulatory control action was lifted. The north unloading dock remained tagged pending corrective actions. A similar noncompliance was documented on NR # GRU0508025506N-1 dated 02/02/2023.

313.1

On 2/2/2023 at approximately 0920 hours while in the barn performing a routine Livestock Humane Handling task the following deficiency was observed: while performing antemortem with barn Supervisor (REDACTED on 40 steers in pen #6, after the cattle had been moved out the pen. I looked in the pen, part of the inspection HATS procedure, and I noticed several large chunks of debris in front of the water trough on the south wall. From my distance, I could not tell what the chunks were so I called out to Adam and told him to pull a gate between the cattle and I so I could enter the pen. After entering the pen, I noticed that the debris was large chunks of ice and there was also a large slab of ice on the east side of the water trough running against the south wall. After noticing what the debris was, I asked Adam to enter the pen, and I informed him of the noncompliance and of the forthcoming noncompliance record. While discussing his options, because there were no other pens available that he could put the cattle in, so I could tag the pen #6. Adam asked that if he chiseled the slab off the south wall, gathered the larger chunks, and removed all the ice out of the pen if he could use the pen. I informed Adam that, it would still be a noncompliance, but if all the ice was removed he could use the pen. REDACTED started removing the ice at approximately 0925 hours and finished at approximately 0940 hours. I then re-inspected pen #6 and released the pen back to establishment control at 0942 hours. The establishment did not meet the regulatory requirements of 9 CFR 313.1.

313.1

On 10/4/2022 at approximately 0713 hours while performing a HATS category IV - Antemortem Inspection at pen 8 in the barn , the SCSI observed noncompliance with HATS category VII- Slips and Falls. A group of forty (40) steers were exiting pen #8 slowly and in single file. Midway through the group, three steers exited at the same time causing one of the steers to slip and fall on its rump at the entrance of pen 8. Because of the possibility that the fallen steer could have been bumped by the others causing it to slip and fall, regulatory control action was not taken, and antemortem continued. One steer was observed exiting pen 8 alone. At the entrance of pen 8, in the same area the other steer slipped and fell, this animal’s front feet slipped forward causing the steer to fall on its belly. The animal was able to rise under its own power and no obvious external injuries were observed. The establishment did not meet regulatory requirements of 9 CFR 313.1 in that the establishment failed to maintain the floors in pen 8 to provide good footing for these cattle. Barn Team Lead REDACTED was immediately instructed to stop antemortem. Mr. REDACTED closed the gate to pen #8, leaving nine steers in the pen. The steers that had already exited were moved to pen #4. Mr Asfeld was informed of the noncompliance and that a noncompliance record would be forthcoming. I informed him that I would consult SPHV Dr. REDACTED At approximately 0730 Dr. REDACTED and I returned to the barn and while waiting for Adam at pen # 8, we noticed organic matter compacted into the floor grooves in an approximately 1-foot-wide section of flooring extending across the entrance of pen 8, where the cattle had slipped and fallen. The mark from a steer’s foot sliding was observed in this area. The cattle had been in the pen overnight. There was organic material throughout the pen and filling the floor grooves in some areas, but not to the extent as the area at the entrance. Immediate Regulatory Control Action was taken by tagging the pen with U.S. Rejected tag number B34354679. Mr. REDACTED proposed that he would move the remaining cattle through the back side to pen 3 to finish antemortem and he would pressure wash all of pen 8 as corrective action. IPP accepted the corrective action. When the pen was cleaned the regulatory control action was lifted. Barn floor cleanliness has been discussed in at least 6 weekly meetings as documented in MOI’s on 9/27, 9/22, 9/1, 8/26, 8/18, and 8/11.