ZMDR, LLC: Non-Compliance to Humane Livestock Handling in 2023 (USDA)

313.2

HATS Category III – Water and Feed Availability At approximately 0915 hour on 1/27/23 while observing humane handling activities for HATS Category III Water and Feed Availability, I CSI, REDACTED, observed the following noncompliance. I observed 2 empty water troughs in pen 11 which also contained approximately 17 head of cattle. I did not observe any alternate water sources in the pen for the cattle. I did not observe a Supervisor in the immediate area at the time of my observations therefore, I immediately notified an establishment animal handler who was in the area, and they filled the water troughs. After the establishment provided cattle with access to water in the pen, I observed approximately 4 animals immediately approach the water trough and begin drinking. I then immediately entered the establishment and notified QA Manager REDACTED of the observations and the noncompliance. The establishment has failed to comply with 9 CFR 313.2(e). QA Manager REDACTED was notified a noncompliance would be documented.

313.1,313.2

HATS Category IV - Antemortem Inspection, VII – Slips and Falls At approximately 0915 hours on 1/26/2023 while observing humane handling activities for HATS category IV Antemortem Inspection and VII Slips and Falls, I CSI, REDACTED observed the following noncompliance. I entered the drive alley area between the barn and the stunning building where cattle are driven as groups to enter the single file alley to the restrainer. I observed the last cow at the end of the single file alley with her back end sitting on a long metal pole (placed horizontally across the width of the alley) causing her rear legs to be lifted up off the ground. Her head was pinned between the metal wall of the right side of the alley and the ribs of the cow in front of her. Closer observation revealed her front right leg was pinned under the cow in front of her leaving her to bear all of her weight solely on her left front leg. The cow in front of her was also unable to move as her head was bent unnaturally backwards pinned between her own rib cage and the metal wall of the left side of the alley. The animals in front of these 2 cows were actively attempting to back up out of the alley further increasing pressure and pinning the 2 cows. At the time of my observations, there were no establishment employees or supervisors in the area. I immediately entered the establishment and informed QA Manager REDACTED of my observations and that production in the area was stopped. QA Manager REDACTED and I entered the alley and establishment employees were able to successfully drive the animals forward to free the 2 pinned cows. However, at that time, the front cow immediately went down and did not regain ambulation. When the bar was removed from underneath the back cow, she also immediately went down and did not regain ambulation. I observed both cows stunned effectively and removed from the alley and allowed production to resume. The establishment stated the gate used to keep cattle from backing out of the alley was in disrepair and the long metal pole was used in its place. The establishment stated repairs to the gate would be completed prior to the start of the next production day (1/27). The establishment failed to maintain their facility to prevent livestock from falling due to improper animal handling practices and has failed to meet the regulatory requirements of 9 CFR 313.1(a) and 313.2(a). Plant Manager REDACTED was notified a noncompliance would be documented.

313.2

HATS Category II—Truck Unloading On November 3, 2022 at approximately 0900 hours, I CSI REDACTED, observed the following noncompliance: A trailer was backed up to the unloading area. An establishment employee was on one side of the trailer, and it appeared to be the truck driver on the other side. Both individuals were attempting to move the cattle inside the trailer by poking a long-handled flag or whip type stick through the sides of the trailer. At the trailer exit, a Holstein was in lateral recumbency and not attempting to rise. One cow jumped over the down Holstein, grazing the side of the down cow with both of the back hooves. At that time, I notified an employee conducting antemortem that a cow was down in the trailer. The employee told the individuals on the sides of the trailer to stop moving cattle. The down cow did not appear to be injured by the cow that exited the trailer. The cow was rendered unconscious utilizing a handheld captive bolt device and removed from the trailer. The establishment failed to comply with 9 CFR 313.2(d)(1). The QA Supervisor was notified of the noncompliance.