Charlie DiMaria & Son Inc: Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.2

HATS Category III: Water and Feed Availability At approximately 1045 hours on August 28, 2023, while performing HATS category III for feed and water availability as part of the Livestock Humane Handling Verification task, I, SPHV Dr. REDACTED observed the following noncompliance in pen 8. The water trough in Pen 8 had less than 1 inch of water in the bottom of it. I noticed that water was flowing into the trough, but water was also coming out of the bottom of the trough as fast as the water was flowing. At this time, pen 8 contained approximately 30 dairy cows. I notified establishment employee “REDACTED and he instructed establishment employee “Saul” to inspect the trough. I arrived back at the water trough after talking to REDACTED and noticed that the water trough was filling up with water and no more water was draining out of the bottom. I assume Saul fixed the draining issue before I came back for further inspection. The cattle were then moved to pen 6 which had a trough full of water. I notified Assistant Manager, REDACTED of the noncompliance with 9 CFR 313.2(e), which states that animals shall have access to water in all holding pens.

313.1

HATS Category VII: Observation for Slips & Falls At approximately 0600 hours on December 6, 2022, while performing antemortem inspection as part of HATS Category IV: Antemortem Inspection, I, SPHV Dr. REDACTED observed the following noncompliance at the cattle driveway in front of the truck unloading ramp. 27 beef cows from pen 8 were trotting towards the corner of the driveway in front of the truck unloading ramp. As they rounded the corner, I observed approximately 4 of the beef cows slip and/or fall. At least one cow’s body touched the ground, while all cows had their legs touch the ground. After the cows were placed back in pen 8, I inspected the corner and observed damp mud/fecal material covering the concrete, and the waffle pattern in the concrete was barely visible. I also observed several slip marks in the mud/fecal material; one slip mark was approximately 20 inches long. I placed U.S. Rejected Tag No.B-45951945 to red caution tape draped across the driveway where the slips/falls occurred. I notified QA Supervisor REDACTED of the placed tag and noncompliance with 9 CFR 313.1(b), which states “floors of livestock pens, ramps, and driveways shall be constructed and maintained so as to provide good footing for livestock. Slip resistant or waffled floor surfaces, cleated ramps and the use of sand, as appropriate, during winter months are examples of acceptable construction and maintenance.”

313.1

HATS Category IV: Antemortem Inspection, Facilities At approximately 1340 hours on November 16, 2022, while performing a humane handling task for facilities as part of HATS Category IV, I, SPHV Dr. REDACTED observed the following noncompliance in Pen 10 by the feeding troughs. Directly above the feeding trough in Pen 10, a suspension metal cord/wire was unraveling revealing approximately two feet of a loose metal wire/cable with a sharp point at the end. On the same metal cord, approximately 3 feet to the left of the unraveling part of the cord, there were sharp pieces of metal protruding out from the metal cord. I placed U.S. Rejected Tag No.B-45406087 to the gate of pen 10. I notified Assistant Plant Manager, REDACTED of the placed tag and noncompliance with 9 CFR 313.1(a), which states “livestock pens, driveways and ramps shall be maintained in good repair. They shall be free from sharp or protruding objects which may, in the opinion of the inspector, cause injury or pain to the animals in accordance.”

313.2

HATS Category III: Water and Feed Availability At approximately 1320 hours on November 14, 2022, while performing HATS category III for feed and water availability as part of the Livestock Humane Handling Verification task, I, SPHV Dr. REDACTED observed that the water trough in pen 2 was empty leaving the cattle occupying pen 2 without access to water. I notified Plant Assistant Manager, REDACTED of the empty water trough and noncompliance with 9 CFR 313.2(e), which states that animals shall have access to water in all holding pens. At 1410 hours I observed that the cattle in pen 2 were relocated to pen 4 which had a full water trough. I also observed that the water trough in pen 2 had been refilled.

313.15(a)(1)

At approximately 0615 hours on October 6, 2022, while performing antemortem inspection, I, SPHV Dr. REDACTED, observed the following noncompliance in cattle pen 7. Using a hand-held penetrating captive bolt gun, an establishment employee was euthanizing an antemortem condemned, non-ambulatory disabled dairy cow, when the first stunning attempt administered to the forehead did not render the cow unconscious. The dairy cow continued to keep her head raised and was alert to her surroundings looking around. After assessing the conscious animal for approximately 10 seconds, the establishment employee reloaded the captive bolt gun and applied a second stunning attempt behind the poll of the head, which rendered the cow immediately unconscious. The establishment employee also administered a second shot to the forehead. I immediately notified Plant Manager REDACTED of the findings and the forthcoming humane handling noncompliance. The cow was removed from the pen to continue antemortem inspection. After antemortem inspection, I examined the placements of the captive bolt attempts on the cow’s head. The mis-stun was in the center of the forehead and did not penetrate the skull; the second stunning attempt, which rendered the cow unconscious, left a hole in the center behind the poll; the third use of the captive bolt was slightly off-center, approximately 1⁄2 inch down the forehead from the mis-stun, and successfully penetrated the skull. Failure to render an animal immediately unconscious with the first application of a captive bolt stunning device is noncompliant with 9 CFR 313.15(a)1.