Wagner Meats, LLC.: Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.16(a)(1)

On 8/7/2023 at approximately 0800 hours while observing HATS Category VIII, Stunning Effectiveness of the Humane Handling Verification Task at Wagner Meats (M-10804), IPP observed the following Livestock Humane Handling (HH) noncompliance. After significant coaxing by multiple establishment employees and use of a rope halter, a large, black, fair steer unwillingly entered the knock box. Additionally, since the animal refused to enter the head catch, an establishment employee isolated the head using the rope halter as another employee utilized a 0.22 caliber long rifle to deliver the first stun attempt. The steer dropped from a standing position to its knees, exhibited coordinated blinking and up-and-down head movement, as well as rhythmic breathing. The immediate decision was made by the slaughter floor supervisor that signs of consciousness were present, whereby he ordered the stunning employee, who remained in position, to deliver a second stun attempt which was effective at rendering the animal fully unconscious prior to and during shackling, hoisting, sticking, and bleeding. After the head was removed and skinned, it was observed there were two (2), slightly overlapping holes in the cranium, both accurately placed in the “X” between the eyes and poll. After phone consultation with the DVMS, the determination was made that the establishment followed their RSA to HH and that the incident would be considered a non-egregious HH non-compliance. This is a repeat non-compliance with 9 CFR 313.16 (a)(1) which states, “The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with this section so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animal shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.” Establishment owner, Mr. REDACTED was verbally notified and is hereby notified in writing of this repeat Livestock Humane Handling non-compliance.

313.16(a)(1)

On 7/13/2023 at approximately 0820 hours while observing HATS Category VIII, Stunning Effectiveness of the Humane Handling Verification Task at Wagner Meats (M-10804), I, Dr. REDACTED observed the following Livestock Humane Handling (HH) noncompliance. A black, market steer entered the knock box without incident. For an extended period, the steer kept looking around and sniffing the wall to the opposite side of the knock box, away from the employee utilizing a 0.22 caliber rifle as a stunning device. As the employee went to deliver the first stun attempt, the steer quickly moved its head away as the employee pulled the trigger. It was unknown at the time if the first shot contacted the animal, as the steer remained fully conscious, standing, blinking, and rhythmic breathing. The employee immediately reloaded the rifle and tried to position himself for a second stun attempt, during which time the steer turned around in the knock box thereby preventing proper accessibility. Upon witnessing this, a second employee grabbed the 0.22 magnum back-up rifle and aided the first employee by attempting to gain a clear line of sight through the bars of the head catch on the front of the knock box. The employee(s) followed their written robust systematic approach (RSA) to humane handling and applied a second shot, which was effective at rendering the animal unconscious prior to shackling, hoisting, sticking, and bleeding. After the head was removed and skinned, it was observed there were two (2) holes in the cranium; the first shot was very low and to the right, just medial to the orbit of the right eye. The second hole was accurately placed in the “X” between the eyes and poll. As a direct observer, SPHV, and acting DVMS this week, I made the determination the establishment followed their RSA and that the incident would be considered a non-egregious HH non-compliance. As a follow-up, I contacted DDM, Dr. REDACTED, who confirmed my determination. One additional noteworthy finding: I observed that the establishment did not utilize the head catch device when restraining this steer. When later questioned as to why, the employee responded that when an animal pulled back forcefully, the device would fail to stay closed, thereby releasing the animal’s head. He also stated the manufacturer of the device had come once to repair the device. However, the repair was unsuccessful. Additionally, I watched the employee demonstrate the process to me multiple times and observed several areas of the device that had been repositioned and welded back in place. None of the reworking procedures were effective at rendering the head catch fully operational as of this HH incident. This is a non-compliance with 9 CFR 313.16 (a)(1) which states, “The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with this section so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animal shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.” Ms. REDACTED was verbally notified and establishment owner, Mr. REDACTED, is hereby notified in writing of this Livestock Humane Handling non-compliance.

313.30(a)(1),313.30(a)(4)

On 2/21/2023, at approximately 1043 hours, I, Consumer Safety Inspector, REDACTED, observed the following egregious Livestock Humane Handling non-compliance on a market hog while performing HATS Category IX, Check for Conscious Animals on the Rail, at M-10804. During inspection, I observed an establishment employee walk a market hog into the knock box to be slaughtered. Once inside, the establishment employee cornered the hog towards the door of the knock box and applied a head-only, electrical stun. After the employee applied the head-only electrical stun, I observed the hog and there was no visible signs of consciousness at that time. The establishment employee then shackled and hoisted the hog into the air. As he proceeded to make the initial stick, the front legs of the animal were crossed, which impeded his ability to perform a normal stick on the hog. As a result, the establishment employee had to go below the crossed front legs to perform the stick. In doing so, the hog began to vocalize loudly and moved suddenly, demonstrated a righting reflex. The signs of consciousness noted above continued during the sticking process with the addition of tracking eye movement during bleed out. At 1046 hours, I stepped off the slaughter floor and notified the SPHV by phone, who instructed me to take regulatory control action and notify the establishment that inspected slaughter was halted. At approximately 1057 hours, I verbally notified Mr. REDACTED, the establishment owner, then proceeded to notify floor supervisor, Mr. REDACTED, thereafter. I then took RCA by placing US Reject tag #B30289309 on the knock box. This is a Livestock Humane Handling non-compliance with 9 CFR 313.30 (a) (1), which states, “The electric current shall be administered so as to produce, at a minimum, surgical anesthesia, i.e., a state where the animal feels no painful sensation. The animals shall be either stunned or killed before they are shackled, hoisted, thrown, cast, or cut. They shall be exposed to the electric current in a way that will accomplish the desired result quickly and effectively, with a minimum of excitement and discomfort.” Additionally, 9 CFR 313.30 (a) (4) was also non-compliant, which states, “The stunned animal shall remain in a state of surgical anesthesia through shackling, sticking, and bleeding.”

313.30(a)(4)

On Tuesday, December 13, 2022, at approximately 0843 hours, during the 30-day HH Verification Assessment by REDACTED, DVMS, REDACTED, SPHV, and I, REDACTED, CSI, were observing HATS Category IX: Check for Conscious Animals on the Rail, portion of a livestock humane handling verification task and identified an egregious humane handling noncompliance in which a hog regained consciousness after being stunned. A market hog was brought to the knock box where an employee applied an electrical stun (using the head-only stunning technique) to render the hog unconscious. After the initial contact with the electrical stunning wand, the hog dropped, and the stunning wand lost contact with the hog. The employee immediately reapplied the electrical stunning wand for an extended contact time, even though the hog displayed no signs of consciousness after the initial contact. The employee then shackled and hoisted the hog and stuck it for bleeding. As it was bleeding out, the hog dropped out of the shackle onto the floor, where it began showing signs of consciousness by attempting to stand and move away from the knock box. The hog was able to move behind the scalding equipment before other employees stopped it from getting away. The employees then pushed and pulled the hog back to the knock box, and IPP were able to visualize eye blinking and tracking eye movement. When the hog was placed back in the knock box, it continued to sit upright before the stunning employee applied a second electrical stun. This second stun rendered the hog unconscious and it continued to bleed out without further incident. IPP then took a regulatory control action by placing US Retain/Reject tag #B24794570 on the knock box gate. At approximately 0849 hours, the DVMS notified the Owner of the plant’s failure to meet the regulatory requirements of 9 CFR 313.30(a)(4) and the pending reinstatement of the enforcement action.

313.16(a)(1)

On 11/08/2022, at approximately 1430 hours, I Consumer Safety Inspector REDACTED observed the following egregious Livestock Humane Handling non-compliance while performing HATS category VIII, Stunning Effectiveness at M-10804. During Ante-mortem inspection, I observed an establishment employee walking in an approximately 600-pound boar into the kill box to be slaughtered. The establishment employee who rendered the shots stood at the doorway of the kill box leading to the pens and proceeded with the first shot from 0.22 caliber Magnum Rifle directly into the center of the skull. After the first shot was rendered, the boar stood still for several seconds on all four legs then proceeded to charge at the establishment employee and ran out into the pens. After several minutes, they were able to walk the boar back into the kill box and shut the gate leading to the pens. The boar was in an agitated state vocalizing and running in circles while in the kill box. After several more minutes the establishment employee then administered a second shot off center to the right of the skull of the boar. The boar then became agitated and began running around inside the kill box vocalizing loudly. Using a shovel, another establishment employee proceeded to push the boar on its left side buttock from behind, to get the boar closer to the gate of the kill box, where the shots were rendered. The establishment employee then proceeded to render a third shot off center left of the of the skull. The boar once again stood on all fours, began vocalizing loudly and running around the kill box until it was further restrained by several employees. A fourth shot was then administered to the off center left upper area of the head. The boar remained still for several seconds then began vocalizing loudly again and continued to move around inside the kill box. Once the boar stopped, an establishment employee used a shovel to push the boar from behind closer toward the gate to facilitate another shot. The establishment employee then rendered a fifth shot off center left to the of the skull and the boar fell back onto the floor. The establishment employees proceeded to open the gate of the kill box and attempted to grab the leg of the boar to apply a chain to hoist the boar, however the boar starting to regain consciousness and return to standing on all four legs. The establishment employee then shut the gate of the kill box and proceeded to use an electric stunner to the head of the boar just below the right ear near the top center of the head, applying it for approximately 14 seconds by count until the boar was fully unconscious. I notified my supervisor, and they instructed me to take a regulatory control action. I placed reject tag B30289395 on the kill box gate and notified REDACTED (kill floor supervisor) and REDACTED (Plant Manager) at approximately 1440 that the establishment must cease all slaughter operations immediately. Upon establishment personnel skinning the boar’s head, I CSI REDACTED observed two or more overlapping fractures to the skull measuring approximately 2.5” long by 1” wide, indicating multiple penetrations. A second, singular, round penetration approximately 0.75” in diameter was observed on the central midline approximately 1.5” above the first overlapping penetrations noted. Additionally, a burn mark, approximately 1.25” in length and 0.75” in width and oval shaped was observed approximately 1” lateral and to the right of the upper center, singular penetration. This was produced by the electrical stunning device.