Herring Brothers, Inc.: Non-Compliance to Humane Livestock Handling in 2024 (USDA)

313.30(a)(4),313.2(f),313.15(a)(3)

HATS Category IX Consciousness on the Rail On Wednesday, March 13, 2024, at approximately 0740 HRS during swine slaughter operations at establishment M9760 IPP observed the following non-compliance. A slaughter employee drove a market swine into the kill box, secured the box, and applied water to the back of the animal’s neck per protocol. The operator acquired, applied, then deployed the hog stunner to the animal, activating the apparatus until the timed trigger stopped the flow of current, while the animal concurrently collapsed to the floor of the box. The operator returned the stunner wand and opened the box door to remove the unconscious hog from the box. During this time, as the operator retrieved the captive bolt, the animal began audibly breathing louder than might typically be observed. In these moments, the operator approached with the captive bolt device and applied a stun from the bolt. As the operator returned the captive bolt and proceeded to attempt to shackle the animal, the hog steadily and rapidly increased leg movements as a marked increase of audible, loud, rhythmic gasping was heard. The operator attempted to apply the shackle; however, the increasing leg thrashing of the animal caused the shackle chain to fly off, and the animal scrambled to right itself attempting to walk. The ever-increasing ambulatory efforts of the animal led to it scrambling in a walk-stumble manner approximately 20 feet across the kill floor with eyes wide and alert and breathing heavily. The operator hurried to capture the animal as other employees joined and assisted in moving the conscious animal across the floor back to the stunning area. The team of employees manually restrained the animal and applied an effective captive bolt stun to render the animal unconscious. The animal was then shackled, hoisted, and bled until dead. By this time, Mr. REDACTED, owner, was present and the event was discussed. Mr. REDACTED was notified that a regulatory control action was to be taken, and the kill box was U. S. Rejected with Tag No. B23796665 per 9 CFR 313.50(c). Post mortem analysis of the carcass evidenced the first captive bolt application was anatomically and physically ineffective. It was poorly placed off midline and aimed so as to not enter the cranial vault, which allowed the animal to regain consciousness. A review of the establishment’s Robust Humane Handling plan states, in part: “Kill floor employees will be trained in the proper way of electrical stunning of pigs. Training will show an effective area of the back of the head that the wand of the stunner will be placed. Employees will also be trained on signs of a non-effective stun and what to do if a stun is not effective...stunning material is supplied in the Robust Humane Handling System.” Training material included in the plan is from the stunner manufacturer. It depicts brain stunning and alludes to secondary heart stunning; however, training reference materials are not definitively prescriptive. Mr. REDACTED “REDACTED” REDACTED III, establishment manager, stated actual training of employees occurs per written statement above where only “back of the head” electrical stunning is applied. Other training material states, in part: “After stunning animals are visually inspected to ensure effective stunning.(exp tongue out, no noise or moans, no blinking of the eye, no excessive breathing) before any shackling is applied.” “After shackling continued visual inspected [sic] continues (exp no blinking, tongue out, no noise or moans, no excessive breathing.” While the establishment has a robust systematic approach to humane handling, it was not implemented properly as the establishment employee did not effectively follow, nor properly implement the knowledge from training material supplied (in the plan). Additionally, the establishment employee displayed an inability to recognize signs of consciousness. A 90-day review of PHIS discovered no noncompliance of similar cause on record.

313.15(a)(1)

Category VIII Stunning Effectiveness On November 29, 2023 at approximately 1250 HRS during Livestock Humane Handling Review and Observation verifications, a noncompliance of 9 CFR 313.15 was observed. A Scottish Highlander bovine was restrained in the kill box. A captive bolt device operator positioned and deployed the device. The animal pulled back its head but did not drop or vocalize and remained standing, alert, and conscious. The operator retrieved another charge, loaded and immediately applied a second stun, effectively rendering the animal unconscious on the floor. The animal was hoisted, stuck , and effectively bled, and showed no signs of consciousness on the rail. A postmortem examination of the head showed one penetrating wound entering the sinuses but not contacting the brain. A second penetrating wound was observed entering the cranial vault causing significant brain destruction. Mr. REDACTED, Owner and present during the event, and Mr. "REDACTED" REDACTED, HACCP Coordinator, were both notified of the findings and the verification of noncompliance. A review of PHIS indicated no noncompliance of similar cause during the previous 90 days.