Tyson Fresh Meats, Inc.: Non-Compliance to Humane Livestock Handling in 2024 (USDA)

313.15(a)(1),313.2

On September 09, 2024, at approximately 1330 hrs., I CSI REDACTED while performing Humane Handling task Category V1 (Electric Prodding) and V111(Stunning Effectiveness) observed the following Non-compliance in the funnel area team member driving cattle. He applied the electrical prod excessively while moving the cattle forward. During my observations the team member stopped using the electrical prod. I then proceeded to the knocking box where I observed the knocker attempt to humanely knock an animal. The team member missed the correct place on the head to apply the bolt which resulted the animal not being stunned correctly. I observed the head was up, the eyes blink, and the animal was alert. The animal should be senseless to proceed to the next step in the process, Then the backup employee removed the captive bolt gun from the team member, and he rendered the animal unconscious after short period of time had passed. The line was then stopped, and I requested Harvest General Foreman to contact USDA FSIS Supervision. After waiting a few minutes USDA FSIS Supervision never arrived, the Establishment decided to stop knocking. I then informed Harvest Superintendent of the forthcoming non-compliance. The Establishment failed to enforce regulations 313.15 a (1) and 313.2 of the Meat and Poultry Inspection Regulation.

313.15(a)(1)

Hats Category VIII Stunning Effectiveness Today at approximately 7:20 am, as I was walking out of the shackling area of the kill floor, I observed a black heifer come down the take away belt that was still conscious. I obseved the animal fall off of the takeaway belt, stumble around, and then stands up. I could see a single knock hole on the animals forehead. Supervisor REDACTED immediately re-knocked the animal and rendered it unconscious. I informed REDACTED that a noncompliance record would be issued.

313.2

On 06/18/2024 at approximately 0638 hours after finishing HATS Category IV - Antemortem Inspection with one of the livestock employees, I observed a noncompliance with HATS Category III – Water and Feed Availability. In the near subject pen, I observed 3 hogs lying down in the northeast corner of the pen, so I decided to check for available water. The red water hose with the attached nipple device for this pen was draped over the ledge of the adjacent pen which also had hogs in it. I noticed the red hose was the only source of available water in the near subject pen. I waved at an employee to get further assistance. Shortly thereafter Ms. REDACTED, acting AWB Specialist arrived. I informed Ms. REDACTED of the noncompliance with 9 CFR 313.2(3)(e) and that a noncompliance record would be issued for not supplying water for the animals and requested an immediate corrective action. Ms. REDACTED put the red hose back to the near subject pen.

313.2

On 05/16/2024 at approximately 1310 hours, I was performing HATS Category VII – Slips and Falls and observed the following noncompliance. I was in pen 10 observing hogs in pen 11 being moved to slaughter. There were approximately 150 animals in the pen. An employee entered the pen moving hurriedly down the sidewall of the pen continually shaking his rattle can and waving his flag. As the hogs started to bunch up the employee continued to use both implements as the hogs were running into each other while they were moving away from him towards the exit of the pen in groups of approximately 40 animals. As the employee moved each group towards the exit of the pen 2-3 animals cut back towards the employee, lost footing and fell. As the employee went back into the pen for another group, some of the hogs that cut back moved towards the exit gate with open mouthed breathing. After the hogs were put in the drive alley the employee swiftly moved back down the side wall to get another group. Again, several hogs in each group scattered and fell. As the employee went back down the side wall to move the last group of hogs that were near the entrance of the pen, another employee hurriedly entered pen 10 in the same direction as the first employee. Both employees were continuously using shaker cans while waving their flags as they approached the end of the pen towards the last group of animals. As the employees got closer the hogs moved away from them vocalizing loudly bunching up and piling towards the entrance gate at the opposite side of the pen. Despite the animal’s behavior the employees continued to do make noise with cans and flags as hogs piled more and continued vocalizing loudly. I observed one of the hogs in the pile rise with its torso vocalizing loudly open mouthed as it twisted before falling into the pile. Mr. REDACTED, AWB Specialist who was already in the vicinity of the slaughter drive area entered the exit side of pen 10 and walked down to the opposite end of the pen and talked with the employees. I informed Mr. REDACTED I would be issuing a noncompliance record and would be taking a regulatory control action to stop hogs being moved to slaughter until an immediate corrective action was given. I permitted another employee to move the rest of the animals from pen 11 along with those already in the side drive alley to slaughter so I could safely get to the REDACTED entrance. After the alley was cleared, I applied US Reject tag # B26374782 to the REDACTED entrance at 1353 hours. Mr. REDACTED, Hog Barn Manager advised he would take the employees outside for a meeting. At 1401 hours, Mr. REDACTED, Plant Manager-Kill advised me the employees were retrained so I removed my US Reject tag. The flooring of pen 11 had a heavy buildup of feces in between the grooves, which may have been a contributing factor in the observations of the slips and falls. The pen was cleaned before the next lot of animals were moved into it.

313.1,313.2

On April 23 at 16:05 I, REDACTED, SPHV, was walking past the truck unloading chutes (HATS Category II – Truck Unloading) when I heard squealing vocalization coming from Truck Unloading Chute 4. A large group of hogs was coming down the ramp off the truck, and some hogs were piling on those in front of them. After the hogs exited the truck, one hog was sitting at the bottom of the ramp; the driver came around the front of the hog and used a rattle paddle on the hog’s face to try to get it to rise. I walked up the chute toward the truck to better observe the situation. When I got to the truck entrance, I was able to see that the hog’s left hind foot was wedged between the truck’s ramp and wall. At that point, the driver was using a shackle as a lever between the two pieces of metal to try to free the entrapped foot. I asked that the TM who was tattooing radio for Supervisor Mr. REDACTED and AW Specialist Mr. REDACTED. Multiple minutes passed before the hog’s foot was freed after which the hog got up and went back up the ramp. There were no visible injuries to the hog’s foot. This situation represents noncompliance with 9CFR 313.1(a) and 313.2(a). I informed Supervisor REDACTED that I would be documenting my observations on a noncompliance report.

313.2

On 04/16/2024 while performing HATS Category IV – Antemortem Inspection of pen 12, I observed several animals lose their footing while the yards employee presented some of the animals in motion. After hogs in pen 11 were moved to slaughter I was able to observe hogs in pen 12 being moved to slaughter. I observed an employee walking inside the pen alongside the cement wall that divides pen 12 from pen 11. The employee moved to the center of the pen moving groups of 30-40 hogs towards the exit gate. The employee waved his flag and shook a rattle can continuously behind each group. As the employee was moving the last group of hogs towards the exit gate another employee entered the pen shaking a rattle can and waving a flag as he moved to the center of the pen behind the hogs. I noticed that some of the hogs were bunching up near the exit gate. As the second employee continued to rattle and wave his flag some of the hogs at the back of the group turned and moved up the pen into open spaces. The two employees worked in tandem moving all the hogs out of the pen. During all my observations I noticed excessive feces buildup between the grooves of the waffled flooring. Most of the hogs lost footing, slipped, and fell when they moved away from the groups to the next up and down the pen into open spaces. After the pen was unloaded, I took a Regulatory Control Action by advising the scaler to put pen 12 on hold and then informed Mr. REDACTED, REDACTED Supervisor that based on my observations a noncompliance record would be issued and requested an immediate corrective action. I advised Mr. REDACTED that there was excessive feces buildup in between the grooves of the waffled flooring. After Mr. REDACTED has the pen hosed down, I advised him the pen could be taken off hold. After the pen was hosed down the waffled flooring appeared to be in good condition.

313.2

HATS Category III, Water and Feed Availability HATS Category IV, Ante-Mortem Inspection At approximately 1345 while conducting ante-mortem inspection, I noticed approximately three hogs in a holding area without access to water. The hogs were held in the alleyway between pens 19 and 20. The gates on each end of the alleyway were closed. The nipple waterer for that area was hung over the wall with the nipples in pen 20. There were sprayers on in the area but no other access to water was available. I notified Barn Supervisor REDACTED of my finding. They immediately brought the nipple waterer into the alleyway allowing the hogs access to water. I notified Barn Supervisor REDACTED of my intent to issue a non-compliance. This is a violation of 9 CFR 313.2(e).

313.2

On 03/05/2024, I went to perform HATS Category VII – Slips and Falls of the livestock drive alleys leading up to the REDACTED entrances from approximately 1630 to 1700 hours. I observed eleven animals slip, and many lose footing. Most of the animals that slipped exerted a brief squeal as they slipped. Employees waved their flags and shook rattle cans continually behind animals as they moved towards the REDACTED entrances. I informed Mr. REDACTED, Humane Handling Specialist who was standing next to me of my observations, that a noncompliance would be issued and requested to have the employees to not move any more animals to slaughter. The grooves in the flooring were filled with feces buildup and parts of the alleyways had clumps of feces. I showed this to Mr. REDACTED and advised him this amount of feces on the flooring could have contributed to inadequate footing. Mr. REDACTED radioed for Mr. REDACTED, REDACTED Supervisor. Mr. REDACTED arrived and after hosing down the alleyways slaughter was allowed to resume. No injuries were observed.

313.2

On 01/17/2024 at approximately 1140 hours after finishing HATS Category – IV Antemortem Inspection with Mr. REDACTED, Junior Buyer, I observed a noncompliance with HATS Category III – Water and Feed Availability. I noticed a group of approximately 30 hogs in the southwest half of pen 16. I advised Mr. REDACTED that a few days ago while checking pen 16 for available water, I noticed the southeast half of the pen had water nipple devices, however, the southwest half of the pen had no available water source, so if the center gates were closed and animals were in the southwest half, they would not have an available water source, and that I had informed Mr. REDACTED, REDACTED Supervisor of my findings. Mr. REDACTED and I survey the area the hogs were in, and no available water source was present. For an immediate corrective action Mr. REDACTED opened one of the center gates allowing the animals access to the southeast half of the pen. I requested Mr. REDACTED to radio for Mr. REDACTED. I informed Mr. REDACTED of the noncompliance with 9 CFR 313.2(3)(e) and that a noncompliance record would be issued for not supplying water for the animals.

313.2

On 01/10/2024 at approximately 1130 hours while performing HATS Category IV – Antemortem inspection of the livestock facilities, I observed a noncompliance with HATS Category III – Water and Feed Availability. I noticed two groups of approximately 50 hogs gated off in the southwest and northwest drive alleys that lead to the REDACTED entrances. I observed water coming out of a yellow hose that was draped over the wall in the northwest alley. The southwest alley did not have any water supplied to it. I showed the hogs in the southwest alley to Mr. REDACTED, Junior Buyer. I informed Mr. REDACTED of the noncompliance with 9 CFR 313.2(3)(e) and that a noncompliance record would be issued for not supplying water for the animals and requested an immediate corrective action. Mr. REDACTED opened the southeast gate which allowed the animals in the southwest alley access to a water nipple device further down the alley. Mr. REDACTED advised that the southeast gate is supposed to be open during dinner breaks so the hogs can access the water nipple device. Mr. REDACTED radioed for Mr. REDACTED, REDACTED Supervisor. I informed Mr. REDACTED of the noncompliance and that water from the yellow hose was not considered a source of available water. Mr. REDACTED opened the gate in between the southwest and northwest alleys. This allowed all the hogs to have access to the nipple water device.

313.2

On 11/16/2023, at approximately1520 hours while performing HATS Category IV – Antemortem Inspection of pen 15, I observed a noncompliance with HATS Category VII – Slips and Falls in pen 16, while observing a livestock employee using his flag in a manner with striking downward motions opposed to waving. On two occasions, as the hogs were bunching up towards the exit gate two hogs slipped immediately after being contacted by the flag. I went to the entrance of the REDACTED drive taking a regulatory control action, requested to have the employees to not move any more hogs to slaughter. Mr. REDACTED, REDACTED Supervisor arrived, and I informed him of the noncompliance based on my observations of the employee using excessive downward force with his flag causing two animals to slip. Because Mr. REDACTED provided an immediate corrective action by removing the employee, slaughter was allowed to resume. The Establishment regrooved the pen.

313.2

On 10/31/2023 at approximately 1400 hours after performing HATS Category IV – Antemortem Inspection, I observed a noncompliance with HATS Category III – Water and Feed Availability. I noticed a hog in the northwest corner holding pen which at that time the first cross gate in the pen towards the northeast was closed. I observed that the drop-down hose on the west wall with the water nipple and it appeared dry and dusty. This was the only water supply for the pen. I tested the device by pushing down on the rod inside the nipple housing to dispense water, but non came out. I traced the water line and noticed the valve was shut off. I summoned for a supervisor and Ms. REDACTED arrived shortly thereafter. I informed Ms. REDACTED of the noncompliance with 9 CFR 313.2(3)(e) and that a noncompliance record would be issued for not suppling water for the animal, and I requested an immediate corrective action. Ms. REDACTED opened the cross gate of the adjacent holding pen which provided access to a functional water nipple device.