New England Wagyu, LLC: Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.16(a)(3)

HATS Category IX -- Conscious Animals on the Rail (9 CFR 313.16(a)(1); 313.16(a)(3) and 313.15(a)(1), 313.15(a)(3)) At approximately 0710 on Wednesday, 26 April 2023, I observed the slaughter floor supervisor lead an Angus steer into the stunning box. After the steer was secured in the headlock and haltered, the floor supervisor used a .44 Remington rifle to stun the animal. The steer buckled after the shot and blood flowed from its nostrils. The supervisor then tested its eyes for corneal reflex in response to touch and, after determining that the animal was unconscious, he released the headlock and hoisted it. Moments after being hoisted, the supervisor stuck the animal for the first time. Only a thin trickle of blood flowed from the neck. After the first sticking, the steer regained consciousness. It showed righting reflex, vocalized, looked around with eye tracking, and began breathing rhythmically (not gasping, as its ribcage was visibly heaving and puffs of bloody air were spraying out of its nostrils). After I pointed out these signs of consciousness to the supervisor, he immediately used a captive bolt stunner on the animal. This action did not render the steer unconscious, however, as it continued to present signs of righting reflex, eye movement, and rhythmic breathing. The supervisor then applied the captive bolt a second time, rendering the animal insensible, and it remained so thereafter. At this point, the animal was stuck for the second and final time. I immediately rejected the stunning area with USDA tag No. B40462798 and informed REDACTED, the plant manager, and slaughter floor employees of the noncompliance, and that slaughter operations would not continue until I had submitted a report of the incident and had received further instructions. The establishment has established a robust systematic approach to humane handling but was not following the robust approach at this time. After receiving a NOS following the HH incident above, the establishment drew up a Verification Plan demonstrating that it (the establishment) had designed corrective & preventive actions adequate to eliminate the noncompliance and that met the relevant regulatory requirements. Once the Verification Plan was approved by FSIS, the establishment began, on 28 April 2023, a 90-day period of Suspension Held in Abeyance.

313.30(a)(3)

At approximately 10:50 on Tuesday, 31 January 2023, I observed the slaughter floor supervisor lead a pig into the stunning box. After the pig was secured in place, and sprayed down with water, the same employee then applied the hog stunner prod behind its ears (B&S settings were for 420-460 V at 5 seconds). The animal did not stiffen and fall, stunned, but instead vocalized and attempted to rush against the gate. The employee immediately re-applied the stunner to the same area, after which the pig showed the usual signs of having been adequately stunned (supine, limp head, neck & tongue, grand mal seizure symptoms, unresponsive eye movements, kicking legs). The employee then applied the rod to the pig's heart, fired a captive bolt projectile into the skull, and bled it before hoisting it up onto the hook -- in that order. All corrective actions for an ineffective stun were promptly followed. I rejected the stunning area with USDA tag No. B40462629 and informed plant management and slaughter floor employees that slaughter would not continue that day until I had submitted the report of the incident and had received further instructions from the DVMS on how to continue.