Clemens Food Group, LLC: Non-Compliance to Humane Livestock Handling in 2025 (USDA)

313.1

On Monday September 22, 2025, at approximately 0925 hours, while I was performing HATS Category IV- Handling During Antemortem Inspection, I observed a swing gate in disrepair. The swing gate was on the east side of the barn, separating the outer pen from the east driveway, and across from pen gates 57/60. The metal panel of the gate was rusted with two holes. One hole was approximately 2 inches by 1.5 inches in size and possessed a jagged edge with two points that protruded into the driveway for approximately half an inch at a diagonally upward angle approximately 1 foot above the floor. The jagged points protruding into the driveway represented a hazard that could potentially harm a market hog. I immediately notified Supervisor REDACTED of my finding and that a Noncompliance Record would be issued. The establishment immediately responded by marking off the area, attaching metal plates over the holes, and using a caulking material creating a smooth surface, eliminating the hazard to market hogs. My finding is a Noncompliance with regards to 9 CFR 313.1(a) which states “Livestock pens, driveways and ramps shall be maintained in good repair. They shall be free from sharp or protruding objects which may, in the opinion of the inspector, cause injury or pain to the animals. Loose boards, splintered or broken planking, and unnecessary openings where the head, feet, or legs of an animal may be injured shall be repaired.”

313.1,313.2

On Saturday, July 19, 2025, at approximately 0639 hours, while performing HATS Category II – Truck Unloading, I observed the following non-compliance: While watching truck unloading from the outside unloading area, I observed one of the unloading employees driving market hogs off a livestock trailer. One market hog’s foot slipped into an approximately 3 to 4 inches gap between the trailer and the ramp. The hog tried to free itself by crawling forward and was able to free its right front foot from the gap. The animal was fully ambulatory. I verbally requested that the unloading team members discontinue trying to move any further hogs and informed them of my findings. I then notified Mr. REDACTED, Slaughter Supervisor, of the situation. As there were more market hogs on the trailer, I verbally notified Mr. REDACTED that no further unloading could occur until the gap hazard was corrected. Mr. REDACTED had the livestock hauler realign his truck and once no hazards were present, I allowed the other market hogs to be unloaded. I verbally informed Mr. REDACTED of the forthcoming non-compliance record with regulations 9 CFR 313.1(a) (unnecessary openings where the head, feet, or legs of an animal may be injured) and 9 CFR 313.2(a) (driving of livestock with a minimum of excitement and discomfort).

313.1

On Thursday 07/17/2025 at approximately 2245 hours, I, CSI, (REDACTED) observed noncompliance at Clemens Food Group LLC. Est. NO.791 as I conducted Livestock Humane Handling inspection. Specifically, IPP observed that on the small side of the barn it was hot on the prior two nights (T. 07/15/25 and W. 07/16/25) when I conducted inspection. The hogs were restless, breathing heavily, and in some instances, they were breathing with mouths open and sitting on their rearend. The hogs affected were in Pen-26, 24, 22, 19, 18 16 and 12. The sprinklers were functioning on the large side of the barn on Wednesday, 07/16/25, but not on the small side. I thought that the sprinklers were set to rotate from one side to the other when no one is there. * I wanted to have this confirmed by barn handlers because I had conducted Livestock Humane Handling after the employees were done for the night. This is why on Thursday, 07/17/25 I came in much earlier when the barn employees were present. As I toured the barn, I noticed that it was hot, and the situation was the same. The hogs were restless, breathing heavily and in many cases breathing with mouths open. The temperature was 82 degrees Fahrenheit, and humidity was 91 degrees High/ the low was 71 degrees Fahrenheit. The sprinklers were functioning on the large side but not on the small side. IPP investigated and became aware that the sprinklers are attached to one line. When the sprinklers are turned on at the small side of the barn, they do not function on the large side and vice versa. The sprinklers do not rotate. In addition, some of the fans extract the hot air, and it is exited on the small side of the barn which makes the situation worse. (temperature build-up) IPP noticed that the fan above area 43M is not working. The barn is fully covered and is an enclosed structure. The addition of these variables creates the situation and causes the violation. Corporate Administrator REDACTED, FSQA Manager REDACTED and FSQA Supervisor REDACTED are being notified in writing for failure to apply [ 9CFR 313.1] of the Meat and Poultry Regulations.

313.2

At approximately 1610 hours, while performing HATS Category IV – Handling During Ante-mortem Inspection, I observed the following non-compliance during the in-motion inspection: A disabled hog was dragging its hind feet at the west end of holding pen #1,2,3. Although the animal was able to rise on its own for about 30 seconds, it could not maintain its posture and became recumbent continuing to slide and drag its hind feet. This incident occurred while other hogs were in motion, with about four hogs stepping over the disabled animal during the ongoing antemortem inspection. I immediately notified the employee of my observation, and he provided support to the disabled hog while ensuring its protection from the moving animals. The establishment then humanely moved the hog using a bobcat lift bucket to the designated USDA suspect pen. I verbally notified Supervisor REDACTED of the non- compliance with regulation 9 CFR 313.2 (d)(1) which requires that disabled livestock be separated from other ambulatory livestock. Mr. REDACTED stated they would immediately discuss this issue with team members, as well as having a training session with employees after operations end for the evening. This document serves as notification that continued failure to meet regulatory requirements could lead to additional regulatory or administrative action.

313.1

On Monday June 9, 2025, at approximately 1505 hours, while I was preforming HATS Category IV- Handling During Antemortem Inspection, I observed a pen gate in pen 1, 2, 3 that was in disrepair. A pen gate panel was rusted, thin, and weak. There was a hole in the panel with edges that were rusted, jagged, and protruded. The hole was approximately 2 inches in height by 6 inches in width. The hole was approximately 1.5 feet above the ground. There were approximately 150 market hogs in pen 1, 2, 3 at the time of my observations. The hole was a hazard that could have potentially injured the animals. I notified Supervisor REDACTED of my finding and that U.S. Reject tag NO.B-46 062419 was applied to the pen until the pen gate was repaired. At approximately 1525 hours, DVMO REDACTED reviewed my finding. As the Human Handling Specialist he determined that a Noncompliance had occurred and verbally notified FSQA REDACTED. This Noncompliance is in violation of 9 CFR 313.1(a).

313.1

On Friday May 30, 2025, at approximately 0503 hours, while I was preforming HATS Category IV- Handling During Antemortem Inspection, I observed the following Noncompliance. I observed a utility knife with the blade out in pen 1, 2, 3. There were approximately 150 market hogs in pen 1, 2, 3 at the time of my observations. The blade was sharp to the touch. The blade was approximately an inch and a half in length, which could potentially injure the market hogs. I notified team member REDACTED of my finding, and he immediately removed the utility knife from the holding pen in question. I notified Supervisor REDACTED of the noncompliance with regulation 9 CFR 313.1(a) with regard to the presence of sharp edges inside the holding pen that could lead to animal injuries. I verbally notified Supervisor REDACTED of the forthcoming NR.

313.1,313.2

On Friday, May 9, 2025, at approximately 0535 hours, while performing HATS Category IV – Handling During Ante-mortem Inspection, I observed noncompliance with HATS Category II – Truck Unloading and HATS Category VI – Electric Prod/ Alternative Object Use: I observed one of the plant’s employees unloading market hogs into pen # 82. During this process, I observed the employee raising his hand with a rattle paddle over his head and striking a hog with excessive force on the rear end, causing the hog to run away. The hog was already proceeding in the desired direction on its own and therefore there was no need to strike the hog to move. I notified Supervisor REDACTED of the noncompliance. The plant took immediate corrective action by removing the employee from the unloading area. Additionally, while I was at docks 3&4, I observed the establishment’s employees unloading market hogs from the top of the trailer down the ramp. During this unloading process, I noted that four hogs fell off the ramp from approximately four feet onto the bottom of the trailer. Three hogs landed on their sides, while one fell onto its back. The hogs quickly adjusted themselves and ran under the ramp. The plant employee subsequently stopped unloading the market hogs and shut the gate at the top of the ramp. Jimmy Sigler (Lead) closed the main gate at the ramp to prevent any further unloading. I took regulatory control action by tagging the unloading gate # 3 &4 with U.S. Rejected tag 062733. I verbally notified REDACTED that no further unloading could occur until the trailer’s gates were corrected and securely latched to eliminate any hazards. REDACTED had the employees latch all side gates and once no hazards were present, I allowed the rest of the hogs to be unloaded. The unloading of the hogs went without incident. REDACTED and REDACTED (supervisor) were notified of the forthcoming non-compliance record with regulations 9 CFR 313.2(a) (driving with a minimum of excitement and discomfort) and 9 CFR 313.2 (b) (Electric prods, canvas slappers, or other implements employed to drive animals shall be used as little as possible to minimize excitement and injury. Any use of such implements which, in the opinion of the inspector, is excessive, is prohibited.”

313.2

On Wednesday, April 16, 2025, at approximately 1400 hours, while performing HATS Category III – Water and Feed Availability, I (REDACTED DVMO), observed the following non-compliance: I noticed that the east side suspect pen, containing one market hog, had no visible feed in the pen. This particular market hog was segregated in the suspect pen at approximately 1200 hours yesterday (Tuesday, April 15, 2025) due to the presence of a vesicle on its snout. I had contacted APHIS to collect the required sample and therefore the market hog had been placed on hold pending the results of APHIS testing. I asked Mr. REDACTED Barn Supervisor, if the establishment had provided feed to the market hog prior to my arrival at the barn today and he stated they had not. I verbally notified Mr. REDACTED Barn Supervisor, that the market hog had not been provided feed after being held for twenty-four hours as required by regulation 9 CFR 313.2(e), and that I would be documenting my findings in a non-compliance record. Mr. REDACTED investigated the situation, and the plant immediately provided adequate feed to the market hog.

313.2

On April 11, 2025, at approximately 1615, while performing HATS Category IV - Handling during Ante-Mortem Inspection, I, CSI REDACTED, observed the following non-compliance with HATS Categories II – Truck unloading: While signing for pens during ante-mortem inspection, I watched a group of market hogs being unloaded from a truck into one of the holding pens. I observed the mechanical driveway door descending and closing while one of the hogs turned around and walked underneath it. This resulted in the door striking the center of the hog’s back, producing a noticeable smacking sound. Feeling the impact of the door hit on its back, the hog became agitated and quickly ran back to the loading bay before the door closed completely. Two plant employees promptly opened the driveway door and then directed the hog back into the alleyway. Once I assured that the hog had not sustained any external injuries, I allowed it into the holding pen. I notified Barn Supervisor REDACTED of the forthcoming noncompliance. During this time, maintenance was called to work on the driveway door. This noncompliance is in violation of 9 CFR 313.2(a): Handling of livestock which states “Driving of the livestock from the unloading ramps to the holding pens and from the holding pens to the stunning area shall be done with a minimum of excitement and discomfort to the animals.”

313.1

At 3:45pm on 3/20/25 as I made a routine tour inspecting the barn IPP, REDACTED observed in hog pen #9 a gate's sheet metal was curling back creating a sharp hazard to hogs. The pen was rejected and tagged with No. B 21 222785 and the pen was taken out of service with red tape. I spoke with REDACTED, barn supervisor and REDACTED in the barn tower and he had the maintenance department come to repair the gate. I am citing CFR9 313.1(a). The repair and the corrective action was sufficient. The tag and tape was removed.

313.15(a)(1)

At approximately 1520 hours, while observing HATS Category VIII- stunning effectiveness, I observed the following noncompliance: A stunning employee attempted to stun a market hog with a handheld captive bolt device. The first attempt was ineffective as the hog remained conscious. The hog remained standing and squealed immediately after the captive bolt device contacted the head. The stunning employee immediately made a second attempt to stun the hog with a backup preloaded captive bolt device, which was effective and rendered the animal unconscious. I then observed two wounds on the center of the head. The two wounds were approximately 1⁄2 inch from each other. I notified Supervisor REDACTED of the noncompliance. REDACTED, slaughter supervisor, provided verbal preventive measures and therefore I allowed the plant to continue to stun the rest of the animals. Dr. REDACTED (DVMO) notified REDACTED of the forthcoming noncompliance. The establishment failed to render the animal unconscious from the first attempt and failed to meet the regulation 9 CFR 313.15 (a)(1).

313.1

HATS Category IV handling during ante-mortem inspection On January 07, 2025, at approximately 1830 hours, I (Inspector REDACTED), was called to the barn for antemortem inspection. The following noncompliance was observed. A sharp piece of metal from Pen #10 gate was loose and being pushed out by several inches (approximately 5-7 inches) by animals inside the pen. This metal was on the gate of Pen # 10 and located on the left side. The right-side metal had 3 (screws/rivets) protruding approximately 1⁄4 an inch. Both issues potentially posing a risk of injury or discomfort to the animals being driven down the center aisle. The pen was full of hogs at the time of observation, and hogs were being driven down the center aisle. I notified Supervisor REDACTED, of the noncompliance and that a noncompliance record (NR) would be issued. Upon notification of the noncompliance, Supervisor REDACTED took immediate action by having maintenance immediately come to the area and fix the gate. No animals were harmed. This is noncompliant with 9 CFR 313.1(a) Livestock pens, driveways and ramps shall be maintained in good repair. They shall be free from sharp or protruding objects which may, in the opinion of the inspector, cause injury or pain to the animals. Loose boards splintered or broken planking, and unnecessary openings where the head, feet, or legs of an animal may be injured shall be repaired."

313.1

On 11/07/24 At approximately 0530 hours I was performing a routine Ante-Mortem Humane Handling task. In the main alley of the barn that leads to the CO2 serpentine, I observed a non-compliance. The main alley had been used as a pen for hogs overnight. Within the pen, a floor grate over the manure pit was missing, and a live market hog was fully in the hole. The hog did not vocalize, and the back of the hog was even with the floor level. He appeared unable to get out of the pit under his own power, however. The establishment team member that was accompanying me while conducting ante-mortem was immediately notified of the non-compliance with 313.1 (a) & (b) for problems with the flooring. He and other establishment employees took measures and moved the remaining hogs that were in the pen but outside the pit to another area. I (REDACTED) immediately took regulatory control action by applying U.S. Reject tag #B 21 222857 and #B 21 222858, rejecting the Slaughter equipment. In total, 8 live hogs were removed from the pit. Most of these had not been visible immediately due to the limited amount of space. They were likely unable to exit the pit due to the small amount of space, but on closer inspection of the animals in question, FSIS observed no injuries to these hogs. I contacted my supervisor and DVMS to report the noncompliance. The incident was determined not to be egregious. The immediate corrective action performed by the establishment was to Euthanize the affected hogs with a captive bolt prior to removing them from the pit. The corrective actions were completed, and the slaughter equipment was released into production at approximately 0725 hours.