Bay Area Ranchers' Cooperative, Inc. (Mobile Slaughter Unit): Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.30(a)(1)

On December 5, 2022, Consumer Safety Inspector (CSI) REDACTED observed the establishment’s failure to conduct slaughter of livestock in accordance with regulatory requirements. At approximately 1240 hours, the plant employee loaded a market hog into the designated small livestock restrainer. CSI REDACTED observed the employee apply the electric stunner wand to the neck area behind the head. The hog, a Mangalitsa with long hair, did not drop to the ground; instead, the hog remained standing and was mildly grunting. The establishment employee immediately applied a second stun attempt with the electric wand; the hog went rigid and collapsed to the restrainer floor, and displayed reflexive kicking and head movement. The establishment employee proceeded to open the door of the restrainer to remove the hog. However, the hog exhibited limb movement and was moving its neck from side to side in an attempt to right itself. The establishment employee reached for the back-up captive bolt gun in an attempt to stun the animal a third time. Before the employee could make this attempt, the animal stood up on all four feet. The establishment employee administered a third stun with the backup captive bolt gun, which finally rendered the hog unconscious. CSI REDACTED notified Mr. REDACTED, Interim Plant Manager, that no further stunning would be allowed due to the inhumane handling of livestock. CSI REDACTED then applied U.S. Rejected tag No. B28103406 to the restrainer. This event resulted in an Enforcement Action issued to the establishment.

313.2

On 12/2/22 I Dr. REDACTED, SPHV, while observing HATS Category III-Water and Feed observed the following noncompliance. At 0855 hours I went out to check the pens and verify that the remaining cow waiting to be slaughtered had access to water. When I approached the automatic water bowl I noticed it was empty. I put my hand in the bowl and it was completely dry. I tried to push on the mechanism to get it to fill and no water came out. The cow then stood by the empty water bowl with its nose in the bowl, vocalizing. I approached the establishment employee, REDACTED, and informed him that the waterer was empty. The employee immediately filled up a tub of water and when he offered it to the cow it immediately started drinking. When the interim plant manager, Mr. REDACTED returned from making deliveries I notified him about the upcoming noncompliance. This is noncompliant with 9 CFR 313.2 (e).

313.15(a)(1)

On 11/29/22, I Dr. REDACTED, SPHV, while observing HATS category VIII- Stunning Effectiveness, observed the following non-compliance. An adult sheep was loaded into the sheep restrainer at 0724 hours and was standing quietly. Mr. REDACTED, plant manager, applied a handheld captive bolt gun to the sheep’s forehead and the device discharged. The sheep immediately reared, and Mr. REDACTED placed an arm over its shoulder to restrain the sheep. Mr. REDACTED then applied the back-up captive bolt gun to the sheep’s head; it discharged, and the sheep reared up again. Mr. REDACTED reloaded the captive bolt gun and applied a third stun to the sheep’s forehead, and this attempt was unsuccessful as the animal continued to stand. The captive bolt gun was again reloaded, and a fourth stun was applied which was effective at rendering the sheep unconscious. The restrainer was tagged with US Rejected tag No. B26819429. Mr. REDACTED was verbally informed that no more animals could be slaughtered. When I examined the head initially, I palpated two distinct holes in the forehead. One hole was lined up directly with the medial canthus of both eyes; approximately 2 cm above this hole, I found a slightly larger hole that was 1 cm lateral of midline. There was some crushed bone around the periphery of the larger hole. The holes were separated by approximately 2 cm of skin. After the establishment skinned the head, I was able to observe that the smaller hole had crushed bone at an angle that would not have allowed the penetrating bolt to contact the brain. The larger hole had obvious penetration to the brain. The failure of the establishment to induce immediate unconsciousness with a single blow is a violation of 9CFR313.15(a)(1). This egregious noncompliance resulted in an enforcement action issued to the establishment.

313.15(b)(1)(iii),313.15(a)(2)

On November 18, 2022 at approximately 0745 hours the Alameda District Veterinary Medical Specialist (DVMS) observed the following noncompliance during the HATS VIII Stunning Effectiveness task. The plant manager and stunner operator loaded a steer into the cattle restrainer chute in preparation for stunning. The chute head catch consists of two fixed curved bars on the lateral sides of the unit and a heavy horizontal metal bar above these affixed to a nylon strap that is dropped on the neck of the animal as it enters the distal end of the chute. The bar is held in position and restrains the animal by a vertical notched metal stay on the side at the end of the restrainer. The heavy bar would not stay fixed in position when it was applied to the steer because it was bypassing the notched stay bar as the steer kept flipping its head and neck up when resisting restraint. The plant manager attempted to press the heavy bar in position to keep the steer from backing out of the restrainer. The steer was also slipping on the diamond steel plate flooring of the chute while loading and being held in position prior to stunning. The stunner operator applied a captive bolt gun stun to the steer and effectively rendered it unconscious. This event was noncompliant to 9 CFR 313.15 (a) (2), which states in part “The driving of the animals to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning areas is essential since accurate placement of stunning equipment is difficult on nervous or injured animals...” The event was also noncompliant to 9 CFR 313.15 (b)(1)(iii), which states “The stunning area shall be so designed and constructed as to limit the free movements of animals sufficiently to allow the operator to locate the stunning blow with a high degree of accuracy. All chutes, alleys, gates and restraining mechanisms between and including holding pens and stunning areas shall be free from pain-producing features such as exposed bolt ends, loose boards, splintered or broken planking, and protruding sharp metal of any kind...Roughened or cleated cement shall be used as flooring in chutes leading to stunning areas to reduce falls of animals. Chutes, alleys, and stunning areas shall be so designed that they will comfortably accommodate the kinds of animals to be stunned.” US Rejected tag # B26819424 was placed on the cattle knock box at 0748 hours and the plant manager was notified of the upcoming noncompliance and that no more cattle could be slaughtered that day.

313.15(a)(1)

On 10/4/22 at approximately 0850 hours, I, Dr. REDACTED SVMO, while performing HATS category VIII, stunning effectiveness for the Livestock Humane Handling task at M47584, observed the following noncompliance. A beef cow required a second stun to effectively stun the animal, after the first stunning attempt didn’t produce unconsciousness. After the first stun with a handheld penetrating captive bolt device (1st knock hole), the cow remained standing with eye tracking, as the animal had moved during the stunning attempt and the bolt penetrated lateral to midline on the forehead. The cow initially went down to its knees after the first stunning attempt, and scrambled to get to its feet, but then stood in the knock box looking around but not vocalizing. The stunning employees then attempted to stun the animal with a backup captive bolt device which did not fire. They then reloaded the initial captive bolt device and attempted to stun the animal again, but the device did not fire. The employees tried reloading as well as re-setting the devices. After at least five attempts in which the devices did not fire and no captive bolt made contact with the animal, which took approximately 90 seconds, they effectively stunned the animal (2nd knock hole), and then administered a security knock (3rd knock hole) after the animal was unconscious. CSI REDACTED tagged the knock box with US Rejected tag No. B21592101 in accordance with 9 CFR 313.50 (c). Upon skinning the head the three holes where the captive bolt made contact, were located midline along the forehead, lateral to midline above the right eye, and midline on the saggital crest. QA Lead Mr. REDACTED was notified of the noncompliance. As the establishment failed to produce immediate unconsciousness with the first stunning blow, this is noncompliant with 9 CFR 313.15(a)(1).