North Bay Butchers, LLC: Non-Compliance to Humane Livestock Handling in 2024 (USDA)

313.16(a)(3),313.16(a)(1)

On September 19th, 2024, I (CSI) REDACTED observed the following Stunning Effectiveness Non-compliance at Northbay Butcher's while doing a Livestock Humane Handling Task. At 9:46am REDACTED (Co-owner), shot the bull in the head with a small rifle (22-gauge, Magnum bullet) while it was in their knock box and placed in the head restraint. After the 1st shot, the bull began to look around and remained standing as if nothing happened so Mr. REDACTED immediately shot it a 2nd time which appeared to effectively knock the bull due to no eye movement or any vocalization. After checking for consciousness REDACTED (Co-owner), grabbed a knife and cut the bull's neck. At 9:48am the bull began to breath (3 or 4 breathes) before Mr. REDACTED shot the bull for the 3rd and finale time (3 holes in the head). In accordance with 9 CFR 313.50(C), I immediately tagged the knock box with US Tag No. B 26817449 and began to let Mr. REDACTED know that I was tagging the box, and he told me ok. This represents Non-compliance with 9 CFR 313.16(A)1 which state: 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.

313.15(a)(1)

On 5/30/24 at approximately 0611 while observing HATS Category VIII: Stunning Effectiveness, I Dr. REDACTED, SPHV observed the following noncompliance. A beef heifer was loaded into the knock box and was restrained in the head gate. Mr. REDACTED, establishment owner, placed a handheld captive bolt gun on the heifer’s head and fired. When he fired the heifer jerked its head to the left. The captive bolt contacted the skull, and I observed the heifer remained standing with blood streaming from the left nostril. The heifer turned its head left and started vocalizing. In approximately 30 seconds Mr. REDACTED reloaded the handheld captive bolt gun and administered a second stun rendering the heifer unconscious. The heifer remained unconscious throughout sticking and bleeding. I examined the unskinned head and observed two distinct holes in the forehead near each other. I tagged the knock box with US Rejected Tag NO. B-46022015 and informed Mr. REDACTED that no more animals could be stunned. After the establishment skinned the head, I observed two knock holes in the frontal bone between both eyes. One hole was in the center of the frontal bone approximately 4 inches diagonally from the medial canthus of the left eye. The other hole was approximately 1 cm rostral to the other one and there was a significant amount of hemorrhaged subcutaneous tissue surrounding it. Mr. REDACTED stated that when the heifer moved its head, he lost direct contact with the skull and believes the bruising was caused from the captive bolt hitting the head from a slight distance. As corrective actions they proffered having a second loaded handheld captive bolt gun in the stunning area, completing a maintenance check on the captive bolt used today, performing weekly maintenance checks of captive bolts (they currently do biweekly), and potentially installing a chin lift for further restraint. At today’s maintenance check the captive bolt parts were deemed acceptable, however they replaced all bumpers as a precaution. The plant is currently on a verification plan for a stunning failure that occurred on 1/29/24 for a bull that required two stuns with a handheld captive bolt and two stuns with a rifle to render it unconscious. Today’s incident did not lead to any further enforcement actions and the tag was released at 0724. Mr. REDACTED was notified of the forthcoming noncompliance. This incident is noncompliant with 9 CFR 313.15 (a)(1).

313.2

On May 6th, 2024 at approximately 1350 while conducting a livestock humane handling review and observation task, I Dr. REDACTED, SPHV observed a market swine in one of the back covered pens without access to water. I looked over the side of the pen and did not observe a pig waterer in any of the corners. There was one bowl in the pen but it was empty. This pig had been present since the start of operations at 0630 hours. I called Mr. REDACTED, establishment owner, to notify him of the forthcoming noncompliance. Around 1420 hours the pig had been rendered unconscious and bled. This is noncompliant with 9 CFR 313.2 (e). The plant is currently under a verification plan for a humane handling incident occurring on 1/29/2024 (NR # QEI0616012129N).

313.1

On February 6th, 2024, at approximately 1050 hours, while performing a livestock humane handling task, I, CSI REDACTED, accompanied with SPHV Dr. REDACTED, observed the following noncompliance. At approximately 1055 hours, Dr. REDACTED and I noticed a beef steer trying to escape from a pen that was in poor repair. The establishment has two cattle pens, made of metal bars, adjacent to their unloading alley. The pens consist of vertical metal stakes that are drilled into the ground. The horizontal bars, that make up the sides, are welded to the vertical stakes. At this time there were two beef steers in the pen closest to the parking lot area. Upon further inspection, we noticed there was several metal bars (that make up the pen sides horizontally) that were broken and misshapen. One bar was detached allowing it to swing back and forth freely when the cow would push against it. Other bars were warped downwards. At approximately 1100 hours, one cow broke through the bar that was missing an attachment and ran off. Shortly after, the second cow made its way through a different side of the pen. This second cow squeezed between two bars and the bars bent and are now permanently deformed. The two cows crossed over the electrified fence, which was active, around the property and escaped up the hills. I immediately notified Plant Management, Mr. REDACTED, of my findings and of the forthcoming noncompliance. I also took regulatory control action and rejected the pen the cows escaped from (U.S Rejected No. B24524441). I informed him that the rejected pen could not hold any animals until it was fixed. Prior to the incident, I had a weekly meeting on January 16th, 2024, approximately 1230 hours, addressing the pens needed to be repaired with Mr. REDACTED and Mr. REDACTED (MOI #QEI0512011622E). No repairs had been made since this MOI was documented. The establishment failed to comply with 9 CFR 313.1(a) because the pens were not maintained in good repair and had unnecessary openings that could cause injury. The plant is currently under a verification plan for a humane handling incident occurring on 1/29/2024 (NR # QEI0616012129N).

313.15(a)(1)

On 1/29/2024 at 0913 at North Bay Butchers while observing humane handling HATS Category VIII, effective stunning, I Dr. REDACTED, SPHV and CSI REDACTED observed the following noncompliance. A large, mature, horned, beef bull was calmly loaded into the knock box. Once the bull was in the head catch it began to move its head around in circles. While the bull was still moving, the stunner, Mr. REDACTED fired with a handheld captive bolt. The bull stopped moving its head but remained standing. I observed the bull blinking and eye tracking. Immediately Mr. REDACTED reloaded the handled captive bolt and knocked the bull again. The bull remained standing. I observed eye tracking, blinking, blood streaming from the nostrils and it began to aim its horns towards the stunner in a defensive manner. Immediately Mr. REDACTED grabbed the rifle, which was next to him, and shot the bull twice while the CSI and I were standing back at a safe distance without a clear visual to the bull. After the final shot was made, I approached the bull to get a better visual and saw the bull went to its knees and I observed no eye movement, and the jaw was relaxed. The bull was successfully bled without regaining consciousness. Approximately 30 seconds passed between the first knock with the handheld captive bolt and the effective rifle shot. CSI REDACTED applied US retain tag NOB41802227 to the knock box at approximately 0915. This is noncompliant with 9 CFR 313.15 (a)(1). I informed Mr. REDACTED and Mr. REDACTED, both plant owners and managers, that I was contacting my District Office through my supervisory chain of command for further guidance and that no more animals could be slaughtered. After the establishment had skinned the head, I observed 4 knock holes. Two knock holes, from the captive bolt, were adjacent, and approximately 3 mm apart. Approximately 2cm dorsal were two overlapping holes from the rifle. Drawing a line from the medial canthus of the eye to the horn, the captive bolt holes were approximately 15cm away from the medial canthus of the eyes. At approximately 1000 a NOIE was issued in response to this humane handling incident.