[Z] Special CorrelationlOther (specify): closure of NOSHA

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1 U.S. DEPARTMENT OF AGRICULTURE FOOD SAFETY AND INSPECTION SERVICE REPORT OF HUMANE HANDLING VERIFICATION VISIT 1. CASE NUMBER HH009 PAGE 1 OF 2 4a. EST NAME _JBS Swift and Company 4b. EST. ADDRESS/P.O BOX 402 North Tenth Ave. 4c. CITY, STATE, ZIPCODE Marshalltown, IA a NAME OF DVMS (lasl, firsl) (b)(6),(b)(7)(c) 6. DATES(S) OF VISIT (MM/DDfYY) FROM: 05/13/09 TO: 05/13/09 9. SPECIES SLAUGHTERED (Check all species observed) 0 Bovine Caprine Ovine [Z] Porcine o Equine o Other (specify): 11. STUNNING METHOD (Check all Ihal apply) o Electrical 5b. NAME OF PHV (Iasl, firsl) (b)(6),(b)(7)(c) 7. CIRCUIT VISITED (4-dign no.) 2505 o - 5c. NAME OF IIC (Iasl, firsl - if nol PHV) B. PLANT SIZE [Z] Large o Small o loa. VOLUME SPEED (Head/Day) 18,750 lob. (Head/Hour) - head only 0 Captive-bolt - pneumatic o Firearm - rifle/shotgun [Z] o Controlled atmosphere [Z] Electrical - head/thorax [Z] Captive-bolt - hand-held Firearm - pistol None -RituaJSlaughter 1, REASON FOR VISIT (Check all that apply) District Office Direction Egregious Violation o Religious Exemption o Routine Assessment Data o Repetitive Non-Compliance o Suspicion of Violations Driven Visit [Z] Special CorrelationlOther (specify): closure of NOSHA Very Small 13. SYSTEMATIC APPROACH (Federal Register Notice dated September 9, "Systematic Approach to Humane Handling and Slaughter U ) DOES THE ESTABLISHMENT USE A PROACTIVE SYSTEMATIC APPROACH TO HUMANE HANDLING, PERFORM AUDITS, AND RECORD THEIR FINDINGS? [Z] Yes o o IF YES, CHECK ITEMS BELOW THAT HAVE BEEN IMPLEMENTED; NUMBERS CORRESPOND TO THE FOUR STEPS OF THE SYSTEMATIC APPROACH: [Z] 1. Initial assessment performed. [Z] 2. Facilities' design and handling practices minimize excitement, discomfort and injury to livestock. [Z] 3. Periodic evaluations performed on handling methods and, if applicable, stunning methods. [Z] 4. Handling practices and facilities modified when necessary. 14. RECOMMENDATIONS (Check only one): o NoAction o NRbyliC o Suspensionl'Nithdrawal [Z] Other (specify): closure of NOSHA FOR ALL RESPONSES, OTHER THAN "NO ACTION", CHECK ALL CATEGORIES BELOW THAT ARE RELEVANT TO THE ABOVE RECOMMENDATION: Inclement Weather DAnte-mortem D Slips/Fails o Facilities Truck Unloading Suspect/Disabled Stunning Effectiveness o Water/Feed o Prod Use Return to Consciousness FSIS FORM ( )

2 CASE NUMBER HH009 EST. NAME JBS Swift and Company OF NARRATIVE REPORT - See attached. (Include the categories listed below in the indicated order. Note: the heading for each category should be entered on a separate fine above the narrative section for each category); Correlated With: Summary of Data Assessment Prior to Visit: Systematic Approach Comments: Summary of Reason(s) for Recommendation: Findings/Narrative Report: See Attachment

3 25-09-HH009 Attachment 1 Correlated With: (b)(6),(b)(7)(c) ; (b)(6),(b)(7)(c) ; and (b)(6),(b)(7)(c) from Food Safety Inspection Service. Summary of Data Assessment Prior to Visit: (1) Prior to this visit, the most recent Humane Handling Verification was conducted on June 10-11,2008. The establishment was found to be in compliance with the humane handling regulatory requirements at that time. (2) A review of PBIS data found no humane handling non-compliances from June, 2008 until March 10, 2009 when the establishment was issued a suspension for egregious inhumane handling. The egregious noncompliance involved an animal that exhibited signs of sensibility (rhythmic breathing, eye blinking, and strong righting reflex) while hanging on the bleed rail. No additional non-compliance reports in the 04C02, humane handling, task code have been written from the date of the suspension held in abeyance (March 10, 2009) to the present. (3) The Memorandum Of Interview associated with the egregious humane handling non-compliance on March 10, 2009 was reviewed along with the notice of suspension (NOS) issued on that date, the establishment's proffered corrective actions and preventive measures, and the FSIS verification plan for monitoring the establishment's compliance with regulatory requirements. (4) Weekly Humane Activity Tracking System (HATS) times were analyzed and were above the target average for the period of March 10 through May 14,2009, due to the increased times associated with the implementation of the verification plan at this establishment. Systematic Approach Comments: This establishment has a written Humane Handling Program. This program is titled "Humane Handling Quality Management Plan" and the version in the establishment was dated November 4, 2008, with revision on March 10, The mission statement of this program is that: (b) (4) "JBS Swift and Co. has made a commitment to humane handling of hogs. We require all truck drivers, hog handlers, and sticking area employees handle hogs in a way that will ensure proper animal treatment to comply with company policy and USDA regulations. In doing this it will maximize values of the hog for both the producer and JBS." In support of this mission the establishment evaluated its animal handling facilities and practices. They developed an animal handling training program base on the American Meat Institutes Core Criteria for 1) effective C02 stunning (loading of gondolas), 2) bleed rail sensibility, 3) slips and falls, 4) vocalization, 5) electric prod use, 6) willful acts of abuse (prohibited), and 7) access to water. This training program was required for all barn/live animal handlers and was provided in English and Spanish language versions. As part of ongoing verification, the establishment Quality Control personnel audit the stunning, sticking, vocalization at the induction of stunning, and insensibility (b) (4). The results of these audits are used to guide modifications of the humane handling program. Some revisions in the humane handling program included the handling of non-ambulatory/slow animals on livestock trailers to allow for stunning of those animals with a captive bolt stunner and the modification of operating procedures to move stunned animals to a secondary rail for sticking and bleeding when the main chain was stopped. Summary of Reason(s) for Recommendation: The recommendation for closure of the Notice of Suspension Held in Abeyance is based on this establishment's implementation of the corrective actions and preventive measures proffered in response to the regulatory control action and compliance with the humane handling regulatory requirements at the time of this verification. Findings/Narrative Report: Entry Meeting: An entrance meeting was held with establishment management beginning at 7:50 AM on May 13, In attendance at this meeting were Mr. Troy Mulgrew, Plant Manager, JBS Swift and Co.; (b)(6),(b)(7)(c) stated that the purpose of the visit was to observe and verify that the corrective actions and preventive measures put in place by the establishment at the time of the Notice of Suspension Held in Abeyance had been effective. He described the manner in which the verification would be conducted. He requested that after the observation of establishment personnel and procedures that he be allowed to review the establishments written Humane

4 Handling Program and any associated records. The process for officially closing the suspension was discussed and the time for the exit meeting on May 14, 2009 was tentatively set. The meeting was closed at 8:00AM. 2 Sec Livestock pens, driveways and ramps. (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. Observations: The livestock holding pens, driveways, and unloading ramps were in good repair. The flooring was made of waffle stamped poured concrete. The pens were constructed with concrete dividers and metal gates. No areas of damage were observed that could cause injury or pain to animals being housed or moved in the facility. Conclusion: The establishment was in compliance with these requirements [9 CFR (a)] at the time of this visit. (b) Floors of livestock pens, ramps, and driveways shall be constructed and maintained so as to provide good footing for livestock. Slip resistant or waffled floor surfaces, cleated ramps and the use of sand, as appropriate, during winter months are examples of acceptable construction and maintenance. Observations: The floors of the pens, driveways, and ramps were constructed of poured concrete imprinted with a waffle pattern and maintained to provide good footing for the animals being moved in the pens and driveways. The unloading area and all of the holding pens are under roof and protected from inclement weather. Conclusion: The establishment was in compliance with these requirements [9 CFR 313.l(b)] at the time of this visit. (c) U.S. Suspects (as defined in Sec and dying, diseased, and disabled livestock (as defined in Sec ) shall be provided with a covered pen sufficient, in the opinion of the inspector, to protect them from the adverse climatic conditions of the locale while awaiting disposition by the inspector. Observations: The U.S. Suspect pen is covered and adequately protects animals from inclement weather. It had water available for animals being held for disposition. Conclusion: The establishment was in compliance with this requirement [9 CFR 313.I(c)] at the time of this visit. (d) Livestock pens and driveways shall be so arranged that sharp corners and direction reversal of driven animals are minimized. Observations: The unloading area, pens, and driveways were arranged so that there were minimal sharp comers for animals to negotiate. The pens were gated on both ends to facilitate one way movement of animals and minimize reversals of direction. Conclusion: The establishment was in compliance with this requirement [9 CFR (d)] at the time of this visit. Sec Handling of livestock. a) Driving of 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. Livestock shall not be forced to move faster than a normal walking speed. Observations: Animals being unloaded from trucks were moved quietly and patiently by the livestock haulers. They were not forced to move at faster than a walking pace. No electric prods were used by the animal handlers. Of (b) (4) the approximately head of hogs observed on each of the production shifts all were handled with out undue excitement or stress. Two animals observed on the "B" shift were reluctant to exit the transport truck and these animals were patiently moved by the driver using a rattle paddle and a crowd panel. Conclusion: The establishment was in compliance with these requirements [9 CFR 313.2(a)] at the time of this visit

5 3 (b) Electric prods, canvas slappers, or other implements employed to drive animals shall be used as little as possible in order to minimize excitement and injury. Any use of such implements which, in the opinion of the inspector, is excessive, is prohibited. Electrical prods attached to AC house current shall be reduced by a transformer to the lowest effective voltage not to exceed 50 volts AC. Observations: No electric prods are used in the ante-mortem holding pens, the driveways, or the chutes leading to the Butina stunners. The employees use rattle stick, flags, and whistling to move animals to the stunners. All animals observed being moved were moved with a minimum of excitement. Conclusion: The establishment was in compliance with these requirements [9 CFR 3\3.2(b)] at the time of this visit. (c) Pipes, sharp or pointed objects, and other items which, in the opinion of the inspector, would cause injury or unnecessary pain to the animal shall not be used to drive livestock. Observations: No pipes, sharp or pointed objects, or other items that could cause injury or unnecessary pain to animals were being used to drive livestock in this facility. At the entrance to the Butina (C02) stunner animals were moved in small groups of 6-7 animals by use of hydraulically operated gates. These gates were automatically activated and had a manual override switch to prevent any animal entrapment or injury. These gates moved animals at a normal walking pace and they showed no signs of excitement or discomfort. Conclusion: The establishment was in compliance with this requirement [9 CFR 3l3.2(c)] at the time of this visit. (d) Disabled livestock and other animals unable to move. (1) Disabled animals and other animals unable to move shall be separated from normal ambulatory animals and placed in the covered pen provided for in Sec (c). (2) The dragging of disabled animals and other animals unable to move, while conscious, is prohibited. Stunned animals may, however, be dragged. (3) Disabled animals and other animals unable to move may be moved, while conscious, on equipment suitable for such purposes; e.g., stone boats. Observations: No disabled animals or other animals unable to move were observed during this visit. Establishment written policies allow for stunning non-ambulatory animals while on transport vehicles. For disabled animals within the facility a (b) (4) " front loader equipped with a cage over the bucket is available to move animals. Conclusion: Establishment compliance with these requirements [9 CFR 3 \3.2(d)] could not be confirmed at the time of this visit. (e) Animals shall have access to water in all holding pens and, if held longer than 24 hours, access to feed. There shall be sufficient room in the holding pen for animals held overnight to lie down. Observations: All pens in which animals are held were equipped with nipple waterers. There were no animals that were held for more than twenty-four hours. The pens were stocked at a density that allowed room for all animals to lay down (approximately 50% to 75% full). Conclusion: The establishment was in compliance with these requirements [9 CFR 3l3.2(e)] at the time of this visit. (f) Stunning methods approved in Sec shall be effectively applied to animals prior to their being shackled, hoisted, thrown, cast, or cut. Observations: The primary method of stunning used at this establishment was (b) (4) in a closed, Butina, chamber. All animals observed on the two production shifts (b) (4) ) were effectively stunned in the (b) (4) chambers. A captive bolt stunner was available for backup but was not used during the period of observation at this establishment. Availability of the captive bolt stunner and maintenance records for the captive bolt stunners were available for review and were audited daily by establishment management. Conclusion: The establishment was in compliance with this requirement [9 CFR 3 \3.2(f)] at the time of this visit

6 4 Sec Chemical; carbon dioxide. The slaughtering of sheep, calves and swine with the use of carbon dioxide gas and the handling in connection therewith, in compliance with the provisions contained in this section, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the Act. (a) Administration of gas, required effect; handling. (1) The carbon dioxide gas shall be administered in a chamber in accordance with this section so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals. In swine, carbon dioxide may be administered to induce death in the animals before they are shackled, hoisted, thrown, cast, or cut. (2) The driving or conveying of the animals to the carbon dioxide chamber shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the anesthesia chamber is essential since the induction, or early phase, of anesthesia is less violent with docile animals. Among other things this requires that, in driving animals to the anesthesia chamber, electrical equipment be used as little as possible and with the lowest effective voltage. (3) On emerging from the carbon dioxide tunnel, the animals shall be in a state of surgical anesthesia and shall remain in this condition throughout shackling, sticking, and bleeding, except for swine in which death has been induced by the administration of carbon dioxide. Asphyxia or death from any cause shall not be produced in animals before bleeding, except for swine in which death has been induced by the administration of carbon dioxide. Observations: The animals are moved into the gondolas for the Butina C02 stunner in groups of 6-7 animals. They are moved from the drive alleys through a series of automated hydraulic gates. The animals are moved quietly at a walking pace and with a minimum of excitement or discomfort. No electrical prods are used in the barns by the establishment personnel. The hydraulic gates have manual stop mechanisms to prevent injury to animals. After the gondolas are filled with animals they are lowered into the stunning chamber for exposure to the C02 gas. All of the approximately (b) (4) of animals observed on each of the "A" and "B" shifts emerged from the stunning chamber in a state of surgical anesthesia and remained in that condition throughout the shackling, sticking, and bleeding process. Conclusion: The establishment was in compliance with these requirements [9 CFR 313.5(a)] at the time of this visit. (b) Facilities and procedures (1) General requirements for gas chambers and auxiliary equipment; operator. (i) The carbon dioxide gas shall be administered in a tunnel which is designed to permit the effective exposure of the animal. Two types of tunnels, based on the same principle, are in common use for carbon dioxide anesthesia. They are the "u" type tunnel and the "Straight Line" type tunnel, and are based on the principle that carbon dioxide gas has a higher specific gravity than air. The tunnels are open at both ends for entry and exit of animals and have a depressed central section. Anesthetizing, or, in the case of swine, death-inducing, carbon dioxide concentrations are maintained in the central sections of the tunnels. Effective anaesthetization is produced in these central sections. Animals are driven from holding pens through pathways constructed of large-diameter pipe or smooth metal and onto continuous conveyor devices that move the animals through the tunnels. The animals are either compartmentalized on the conveyors by mechanical impellers synchronized with the conveyor or they are otherwise prevented from crowding. While impellers are used to compartmentalize the animals, mechanically or manually operated gates are used to move the animals onto the conveyors. Surgically anaesthetized animals, or killed swine, are moved out of the tunnels by the same continuous conveyors that moved them into and through the carbon dioxide gas

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