ZMDR, LLC: Non-Compliance to Humane Livestock Handling in 2024 (USDA)

313.1,313.2

HATS Category VII – Slips and Falls On 1/26/24 at approximately 1315 hours while observing humane handling activities for HATS Category VII Slips and Falls, I CSI, REDACTED, observed the following noncompliance. I entered the drive alley 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 sitting on the ground under a gate used to keep animals from backing out of the drive alley. Upon further inspection, I observed a long metal bar protruding from the gate which bent down at an approximate 90 angle and was pressing down on the area between the animal’s left hip and rib cage. I then observed the animal make several attempts to return to an ambulatory position but was unsuccessful due to the position of the metal bar pinning her down. At that time, SPHV REDACTED condemned the animal as non-ambulatory disabled. An establishment employee was in the area at the time of my observations and immediately notified a supervisor who soon arrived in the area. I observed the establishment effectively stun and remove the animal from the drive alley. Immediately after the stunned animal was removed from the drive alley, I observed the establishment remove the protruding bar from the gate and allowed production to resume at approximately 1330 hours. The establishment failed to maintain their facility to prevent livestock from falling due to improper practices and has failed to meet the regulatory requirements of 9 CFR 313.1(a) and 313.2(a). QA Supervisor REDACTED was notified a noncompliance record would be documented.

313.2

HATS Category I – Inclement Weather At approximately 0710 hours on 1/20/24 while observing humane handling activities for HATS Category I Inclement Weather, I CSI, REDACTED, observed the following noncompliance. In Pen 10 containing approximately 10 head of cattle I observed 1 self-watering bowl and 1 water trough with frozen water in both. Therefore, the cattle did not have access to water in the pen due to the water being frozen. At the time of my observations, I did not observe any establishment personnel in the area. I immediately affixed US Rejected Tag #B-46506923 to the pen and entered the establishment offices and notified QA Manager REDACTED of the observations. After the establishment provided cattle with access to adequate water in the pen, I observed approximately 2-3 animals approach the water trough and begin drinking. At approximately 0805 hours, I removed the US Rejected Tag. Page 8 of the establishment’s Humane Handling Policy addresses Holding and Handling which states, “REDACTED.” The establishment has failed to adhere to their written Humane Handling Policy and has failed to comply with 9 CFR 313.2(e). QA Manager REDACTED was notified a noncompliance would be documented.

313.2

HATS Category III - Water and Feed Availability At approximately 0550 hour on 10/25/2023 while observing humane handling activities for HATS Category III Water and Feed Availability, I SPHV REDACTED, observed the following noncompliance. I observed 14 head of cattle presented for antemortem inspection in pen 11. The only water trough in the pen was empty of water but damp in the bottom. I did not observe any alternate water sources in the pen for the cattle. I immediately notified Pens Lead REDACTED and he filled the water trough. I then notified QA REDACTED and Director of FSQA REDACTED of the noncompliance. The establishment has failed to comply with 9 CFR 313.2(e). QA Manager REDACTED was notified a noncompliance would be documented.

313.2,313.15(a)(2)

HATS Category VI - Electric Prod/Alternative Object Use At approximately 1220 hours on 10/21/2023 while observing humane handling activities for HATS Category VI - Electric Prod/Alternative Object Use, I SPHV 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 first steer at the front of the group was a longhorn with horns considerably wider than the drive alley threshold. I continued into the stunning building and then I heard increased vocalization from employees in the drive alley. I returned to the point where the wide drive alley enters the stunning building, and the alley narrows becoming single file, and considerably narrower. I observed the steer balking at this narrow point where his horns would not fit in the alleyway. There were three employees standing outside the alley, one with an electric prod in his hands and the others with rattle paddles. The employee with the hand-held electric prod was repeatedly prodding the steer on his hip. I observed the prod contact the animal 4 times while the steer was turning his head all different angles, attempting to turn in circles but effectively trapped by the narrowing space, and unable to advance as it couldn’t manage to rotate its head enough to get its head through the threshold. I told the employees their prod use was inappropriate, and I needed to speak to a supervisor. Pens Lead REDACTED was notified a noncompliance would be documented. He stated that he would speak to the employees involved on appropriate electric prod use. The steer was calmly moved back through the wider alley to holding pen one. This is a failure to comply with regulatory requirements 9 CFR 313.2(a), 313.2(b) and 313.15(a)(2) requiring that animals be moved with a minimum of excitement and discomfort, as well as the use of electric prods should be minimal.