Tyson Foods, Inc.: Non-Compliance to Poultry Good Commercial Practices in 2021 (USDA)

381.65(b)

On June 7, 2021 at approximately 21:05 hours, I, Supervisory Public Health Veterinarian (SPHV) Dr. REDACTED, while on my way to perform Good Commercial Practices (GCP) task, found the following GCP noncompliance in the picking room : a shackled bird was vigorously flapping on slaughter line 2 between the first and second head puller heading for the entrance of the scald vat. I went to check the bird for consciousness/sensibility and found the bird had a broken neck, no blink response, no response to handling the head and its neck was uncut. The birds entered the scalder flapping weakly after missing the second head puller. After I turned from assessing the first uncut flapping bird, I noticed a second uncut bird after the first head puller flapping vigorously. When I checked the second bird, I again found a broken neck, lack of blinking, lack of response to handling and an uncut neck. Immediately after assessing the second uncut flapping bird, a third and fourth flapping bird exited the first head puller with similar broken necks and uncut throats and lack of responsiveness. I took a regulatory control action of stopping the slaughter line 2 and tried to locate or contact establishment management by having a floor lead call them using a radio. When management arrived, I explained my observations to Evisceration GPM REDACTED and Slaughter Supervisor REDACTED. Slaughter supervisor REDACTED immediately began trying to adjust the height of the head puller and discovered that it had been welded in place and was no longer adjustable. When relinquished regulatory control, immediately, a live conscious uncut bird bypassed the head puller by pulling its body up out of the bunched-up birds feeding into the first head puller with establishment supervision present to witness these observations. Mr. REDACTED removed the live bird from the slaughter line. While Mr. REDACTED was removing the first live, conscious uncut bird from the line, I pointed out two more live, conscious, uncut birds to Mr. REDACTED, which he then removed. Both Mr. REDACTED and Mr. REDACTED removed another live uncut bird each for a total of 5 live, conscious, uncut birds that would have otherwise entered the scald vat and drowned. I informed establishment supervision that their process was out of control and would be documented and asked what corrective actions they intended to take. Mr. REDACTED stated that the Back Up Killer would be removed and re-trained before he could work that position again. Mr. REDACTED stated that he had ordered Maintenance to cut the head puller equipment free of the welds that was preventing adjustment of the equipment. Mr. REDACTED and I waited approximately five more minutes and did not witness any further live, conscious, and uncut birds exiting the blood tunnel to enter the scald vat. As I returned from performing GCP task, my path took me back past the blood tunnel where I noticed another live conscious uncut bird past the first head puller heading for the scalders. I took another regulatory control action of stopping the kill line 2, and instructed the floor lead who came to investigate to remove the bird from the shackle which was past the last head puller and starting the decline into the first scalder and radio for management. Immediately after the floor lead removed the live bird from the line, the Back Up Killer started the line again without permission, violating regulatory control. I immediately stopped the Kill line 2 and instructed the Back Up Killer not to restart the line. When Mr. REDACTED and Mr. REDACTED arrived, I described the situation, they witnessed the live uncut bird and the empty shackle, and I informed them of the seriousness of personnel circumventing a USDA regulatory control action. Mr. REDACTED stated that he would need to go ahead and remove the Back Up Killer for re-training. Mr. REDACTED immediately arranged for a Back Up Killer replacement. I allowed the line to be re-started and Mr. REDACTED removed an additional 2 live conscious uncut birds from kill line 2. I watched for an additional 5 minutes without observing any more live uncut birds exit the blood tunnel to enter the scald vat. If USDA had not found this noncompliance, loss of process control would have persisted in the slaughter process. The observations of live and conscious birds just prior to entry into the scald vat shows noncompliance with 9 Code of Federal Regulations (CFR) 381.65(b) . Birds missed by the mechanical kill machine were repetitively, routinely and consistently being allowed to pass uncut into the process thereby sending numerous birds into the establishment production processes that died by means other than slaughter which does not meet 9 CFR 381.65(b) . Additionally, using equipment to cause injuries to poultry is not in accordance with good commercial practices and therefore does not meet 9 CFR 381.65(b). Birds that die by means other than slaughter are, by regulatory definition, Cadavers which are condemned under 9 CFR 381.90 .

381.65(b)

On 4/5/2021 at approximately 1520 hours while performing a GCP Task, I observed at the Rehang Station seven birds that had been deposited in the condemn barrel without neck cuts. All seven birds had intact neck epidermises. At this time, Evisceration Supervisor, Mr. REDACTED, and Evisceration GPM, Mr. REDACTED, were shown the findings and notified of the forthcoming GCP noncompliance. It was apparent that all seven of these birds had not been properly bled and had entered the scalder still breathing. Mr. REDACTED immediately investigated the incident and determined the root cause to be a maladjusted cut blade. As a corrective action he adjusted the cut blade and reduced the line speed to REDACTED birds per minute. This had the effect of reducing the number of birds that had previously missed the cut blade from 15 birds per REDACTED birds per minute down to 5 birds per REDACTED birds per minute. The preventative measure submitted by the Mr. REDACTED was an immediate retraining of the two involved back up neck cutters. 9 CFR 381.65(b) states, “Poultry must be slaughtered in accordance with good commercial practices in a manner that will result in thorough bleeding of the carcasses and ensure that breathing has stopped prior to scalding”. The Establishment is reminded that NRs for noncompliance and MOIs related with 9 CFR 381.65(b) when finalized are posted for public review on the FSIS website, and the information contained within the NRs and MOIs for GCPs can be FOIA requested by individuals from the general public. The Establishment is also reminded that they are responsible for providing their own MOI responses through PHIS. Copies of this Memorandum of Interview will be distributed to the Establishment, inspection file, and the District Veterinary Medical Specialist per FSIS directive 6100.3. The issue will be discussed at the next weekly meeting. REDACTED DVM SPHV, IIC, P325