Sailer's Food Market and Meat Processing: Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.2

On September 06, 2023, during the 120-day Humane Handling Verification review, Dr. REDACTED Supervisory Public Health Veterinarian (IIC), notified Dr. REDACTED, District Veterinary Medical Specialist (DVMS) of the following noncompliance with HATS Category III, Water and Food Availability: At approximately 0800 hours, two trailers arrived at the establishment. One farmer-owned livestock trailer, with three steers, was unloaded by the establishment. These animals were placed in the alley to go straight into the stunning restrainer. After one animal was stunned, the establishment’s livestock trailer backed up to the unloading area. The establishment’s livestock trailer contained two heavy calves and three beef animals. These animals went into three different holding pens. Upon being notified by Dr. REDACTED around 0825 hours that water was not provided to cows in the holding pens, Dr. REDACTED went to the animal holding areas and climbed to the scaffolding over the pens. He observed that there was no water provided to the cows. After a couple of minutes an employee arrived and provided rubber water pans in each of the four pens with cows in them. Dr. REDACTED then noticed at 0845 hours, that cows were being unloaded into the narrow hallway/pen that makes a c-shape around the other animal holding pens. There were six (6) fed cattle unloaded into the c-shaped pen total. This pen is narrow, and cows are unable to maneuver, so if water is provided via water pans, each cow would need a pan of water. Dr. REDACTED noted that no pans or water was provided to any of the six cows. After the fed cattle were loaded into the c-shaped pen, the establishment unloaded four (4) Holstein cattle into a pen that blocked the entrance and exit of the c-shaped pen. No water was provided to the cows in the c-shaped pen. At 0925, Dr. REDACTED showed Ms. REDACTED, HACCP Coordinator, the pen of 6 cows without water, and informed Ms. REDACTED that a noncompliance report will be issued because of the establishment’s failure to meet 9 CFR 313.2(e). This NR is associated with NR, MKU 2920071019N-1, issued on July 19, 2023. The establishment’s corrective actions were either not implemented or did not prevent recurrence of the same noncompliance.

313.2

On July 19, 2023, during the 90-day Humane Handling Verification review for a Notice of Suspension in Abeyance (NOSA), Dr. REDACTED, District Veterinary Medical Specialist (DVMS) noted the following noncompliances with HATS Category III, Water and Food Availability: There was a cow with an injured foot, and during unloading, a decision was made by the establishment to hold that animal in the trailer until they had completed the other cow slaughters (from early in the shift until after lunch). No water was provided to the animal until after the establishment was reminded after roughly 30 minutes (after the determination was made to hold the animal). At 1100 hours, the round rubber water trough provided to the cow on the trailer was found to be empty, and Ms. REDACTED, HACCP Coordinator, was notified. Ms. REDACTED added water to the round rubber trough. Upon inspection of the animal holding area at 1119 hours, there was a pen of 8 hogs, a pen with one hog, and a pen with two cows. The pen with 8 hogs did not have access to water. No waterers were in that pen. In the next pen over from the 8 hogs, there was a pen with a single hog. In the single hog pen there were 4 nipple waterers attached to roughly 4 foot in length, vertical PVC pipe reservoirs. Three of the four nipple/reservoir waterers did not have water in them. These waterers were visually inspected from the top and the levers in the nipples were depressed. The single waterer that contained water was not positioned so that the pen of 8 hogs would have access. Only the single hog had access to this waterer. The pen with a single hog also had a round rubber water trough that was empty and dry. There was no trough found in the pen of 8 hogs. At 1119 hours, the pen of two cows had a round rubber trough that was empty and dry. No water was provided, and at approximately 1145 hours, the last of the two cows entered the restrainer and was stunned. Ms. REDACTED, HACCP Coordinator, Ms. REDACTED, Establishment Administrator, and Mr. REDACTED, Establishment Owner, were notified of the noncompliance. Ms. REDACTED instructed personnel to provide water to the animals in the holding area, so no regulatory control action was initiated. This is a noncompliance with 9 CFR 313.2(e). This NR is associated with NR, MKU2610040927N-1, issued on 4/26/2023. The current noncompliance and the previously observed noncompliance are both failures to provide sufficient water supply to animals in holding pens.

313.16(b)(1)(iii),313.16(a)(1)

On July 19, 2023, at approximately 0930 hours, while performing the HATS Category VIII (Stunning Effectiveness) PHIS task, I, CSI REDACTED, observed the following noncompliance. A Holstein cow entered the stunning restrainer but did not enter the head restraint. One of the establishment employees applied a stun to the beef’s forehead with a .22 LR, rifle. After the stun, the cow remained conscious and was standing, vocalizing, and moving its head around. The stunning employee was able to move the cow ahead into the head restrainer. He stunned the cow with the hand-held captive bolt (HHCB) and rendered it unconscious. I verbally informed Ms. REDACTED, HACCP Manager, that the slaughter operations were on-hold until I consulted with my supervisor and District Veterinary Medical Specialist (DVMS), Dr. REDACTED, who was on-site for a verification plan visit. The establishment stunner operator informed me that the hips of the cow became locked between the sides of the restrainer and was unable to move forward to enter the head restrainer. During post-mortem inspection, I inspected the skinned-out head. There were two holes roughly 1.5 - 2 inches above eyes and the along the midline of the skull, 1.5 inches apart. Ms. REDACTED provided corrective actions, including removing the .22 LR, rifle from service, with plans to replace the firearm with a firearm that fires a more powerful cartridge. She also indicated that HHCB will be used for beef stunning exclusively until a new firearm is obtained. I informed Ms. REDACTED that a noncompliance report will be issued for the incident, and the regulatory control action was removed. Slaughter operations resumed. This is a noncompliance with 9 CFR 313.16(a)(1) and 9 CFR 313.16(b)(1)(ii). A similar noncompliance was documented on 5/3/2023 on NR MKU4713053903N-1. The establishment’s further planned actions were not implemented or were inadequate to prevent this noncompliance from reoccurring.

313.15(a)(1)

HATS Category VIII Stunning Effectiveness On May 10, 2023, at approximately 0752 hours, while preforming the HATS Category VIII (Stunning Effectiveness) PHIS task, I observed the following noncompliance, an establishment employee attempted a head stun on a beef animal held in the restrainer (with its head restrained) with a handheld captive-bolt (HHCB). The animal remained conscious, standing calmly and did not vocalize. A second employee immediately took the HHCB and placed the second stun and rendered the animal unconscious. During post-mortem inspection, I viewed the skinned skull to analyze placement of stunning holes in the skull. One hole was approximately two inches up above a line drawn between the eyes and on the midline and another hole was about four inches above a line drawn between the eyes and on the midline. I put a U.S Rejected tag NO. B39054037 on the slaughter restrainer, I verbally informed Ms. REDACTED that the slaughter operation was on-hold until I consulted with the District Office for further supervisory guidance. I informed Ms. REDACTED of the noncompliance after consulting with a DVMS. Ms. REDACTED provided me with written corrective actions and preventive measures. I reviewed the written corrective actions and removed my regulatory control action allowing slaughter operations to resume.

313.16(b)(1)(iii),313.16(a)(1)

HATS Category VIII Stunning Effectiveness On May 3, 2023, at approximately 0832, while performing the HATS Category VIII (Stunning Effectiveness) PHIS task, I observed the following noncompliance. An establishment employee attempted a head stun on a heavy calf in the stunning restrainer without head restraint with a .22 long rifle. Everyone on the slaughter floor, stepped out of the room. A muffled shot was heard. I looked around the corner and saw the animal remained conscious, standing calmly and did not vocalize. The stunning employee immediately applied a second shot/stun with the rifle, rendering the animal unconscious. During post-mortem inspection, I viewed the skinned skull to see if there were two visible holes in the skull. One hole was approximately one inch above the right eye and the second hole was approximately two inches to the left of the midline below the base of the poll. I verbally informed Ms. REDACTED that slaughter operations were ceased until I consulted with the District Office for further supervisory guidance. I informed Ms. REDACTED of the noncompliance after consulting with a DVMS. Mr. REDACTED, Owner, provided me with verbal corrective actions and preventive measures before slaughter operations could resume. This is a noncompliance with 9CFR 313.16(a)(1) and 313.16(b)(1)(iii).

313.2

HATS Category III Water and Food Availability On April 26, 2023, at approximately 0720, during the 30-day Humane Handling Verification review for a Notice of Suspension in Abeyance, DVMS trained Public Health Veterinarian (DTP), Dr. REDACTED noted the following noncompliance with HATS Category III Water and Food Availability. There was no water available for the beef animals in the holding pens. Water tubs were available but were not being used. Ms. REDACTED, HACCP Coordinator, was notified of the noncompliance. She instructed personnel to fill the tubs, so no regulatory control action was initiated. This is a noncompliance with 9 CFR 313.2(e).

313.16(a)(1),313.15(a)(1)

On March 22,2023, at approximately 0855 hours, I, REDACTED, CSI, was performing HATS Category VIII, Stunning Effectiveness, and observed the following noncompliance. An establishment employee attempted to stun a beef animal, in the stunning restrainer with its head in the head gate, with a handheld captive bolt gun. After the initial stunning attempt, the animal was conscious, standing, became agitated, and vocalized. A second employee reloaded the same cap bolt gun and attempted a second stun. The animal remained conscious, standing, tossing its head, and vocalizing. A different employee left the slaughter floor, during the first attempt, to retrieve a .22 rifle and stunned the animal a third time with no effect. The animal was conscious, standing, agitated, tossing its head, and vocalized. The employee, who attempted the second stun, picked up the same captive bolt gun and stunned the animal a fourth time, rendering the animal unconscious. A regulatory control action was taken by applying US reject Tag No B38122837 to the stunning restrainer. Mr. REDACTED, Slaughter Floor Foreman, was informed of the regulatory control action and that management team of the District Office would be informed of the noncompliance. During post-mortem inspection of the head, there were four holes present. One hole was approximately 1.5 inches to the left of the poll, the second was at the base of the V of the poll. The other two holes were approximately along the midline of the skin in the upper line of the medial canthus of the eyes but one on each side of the midline. The multiple stunning attempts is a noncompliance with regulation 9CFR 313.15(a)(1) and 313.16(a)(1).