New York Custom Processing Inhumane Handling USDA FSIS Intended Inforcement.pdf

8/13/2019 New York Custom Processing Inhumane Handling USDA FSIS Intended Inforcement.pdf

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USD United StatesDepartment ofAgricultureFood Safetyand InspectionService

Field Philadelphia DistrictOperations Mellon Independence Center701 Market Street- Suite 4100-APhiladelphia, PA 19106

September 4, 2013ORIGINAL SENT VIA UPS NEXT DAY AIR-DELIVERY CONFIRMATION REQUESTED

New York Custom Processing, LLC (Est. 17965A/P-l 7965A)430 State Route 8Bridgewater, NY 13313NOTICE OF INTENDED ENFORCEMENTDear Mr. Rocco,This letter confirms verbal notification by Dr. Larry Davis, Deputy District Manager (DDM), toat 12:00 Noon, on September 03, 2013, of the Food Safety and InspectionService's (PSIS) intent to withhold the marks of inspection and suspend the assignment ofinspection personnel for slaughter operations at your establishment New York CustomProcessing, LLC (Est. 17965A/P-17965A) located in Bridgewater, NY, as specified in Title 9of the Code of Federal Regulations 9 CPR) 500.3 b). This action was deemed necessarybecause of your company's inability or unwillingness to effectively implement humane methodsof slaughtering and handling of animals under the Acts, as outlined below, and in a manner thatcomplies with PSIS regulatory requirements. This action is based on PSIS' findings that yourestablishment failed to comply with the requirements of 9 CPR 313.Background AuthorityThe Federal Meat Inspection Act (FMIA) [21 U.S.C. 603 sec. 3. b )] states, for the purpose ofpreventing the inhumane slaughtering of livestock, the Secretary shall cause to be made, byinspectors appointed for that purpose, an examination and inspection of the method by whichcattle, sheep, swine, goats, horses, mules, or other equines are slaughtered and handled inconnection with slaughter in the slaughtering establishments inspected under this Act. TheSecretary may refuse to provide inspection to a new slaughtering establishment or may causeinspection to be temporarily suspended at a slaughtering establishment if the Secretary finds thatany cattle, sheep, swine, goats, horses, mules, or other equines have been slaughtered or handledin connection with slaughter at such establishment by any method not in accordance withSections 1901to1906 of Title 7, Humane Methods of Slaughter Act, until the establishmentfurnishes assurances satisfactory to the Secretary that all slaughtering and handling in connectionwith slaughter oflivestock shall be in accordance with such a method. In addition, underprohibited acts 21 U.S.C. 610 sec 10 (b), No person, firm or corporation shall, with the respectto any cattle, sheep, swine, goats, horses, mules, and other equines, or any carcasses, parts ofcarcasses, meat or meat food products of any such animals slaughter or handle in connectionwith slaughter any such animals in any manner not in accordance with sections 1901 to 1906 ofTitle 7.FSIS Form 2630 9 6/86) EQUAL OPPORTUNITY N EMPLOYMENT AND SERVICES


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Under the authorities of the PMIA, PSIS has prescribed rules and regulations required forestablishments producing meat products, including the requirements pertaining to SanitationPerformance Standards (SPS), Sanitation Standard Operating Procedures (SSOP), HazardAnalysis and Critical Control Point (HACCP) (Title 9 of the Code ofPederal Regulations [9CPR] Parts 416 and 417), and other matters. PSIS has also developed Rules ofPracticeregarding the enforcement action that it may take and includes procedures for taking awithholding action and/or suspension, with or without prior notification, and for filing acomplaint to withdraw a Grant of Inspection.u s c 1901

Humane Methods of Slaughtering Act 7 USC 1901 states, The Congress finds that the use ofhumane methods in the slaughter of livestock prevents needless suffering; results in safer andbetter working conditions for persons engaged in the slaughtering industry; brings aboutimprovement ofproducts and economies in slaughtering operations; and produces other benefitsfor producers, processors, and consumers which tend to expedite an orderly flow oflivestock andlivestock products in interstate and foreign commerce. t is therefore declared to e the policy ofthe United States that the slaughtering oflives tock and the handling of livestock in connectionwith slaughter shall be carried out only y humane methods.7 u s c 1902The Humane Methods of Slaughtering Act 7 USC 1902 states, No method of slaughtering orhandling in connection with slaughtering shall be deemed to comply with the public policy of theUnited States unless it is humane.When an egregious situation exists, PSIS can refuse to render inspection and indefinitelywithdraw inspection from an establishment provided the establishment is afforded the right to anadministrative hearing.Under the authority of the above Acts, PSIS has prescribed rules and regulations required forestablishments producing meat and poultry products, including the requirements pertaining toHumane Slaughter of Livestock, as required y 9 CPR 313, and other matters.Findings Basis for ActionThe following information is provided to support this Notice of lntended Enforcement (NOIE).

Your firm is noncompliant with 9 CPR 313.15, 500.2(a)(4), and 500.3(b), based on the history ofrepetitive inhumane handling incidents observed y PSIS.Since March 01, 2013, six noncompliance records have been issued at New York Custom LLCbecause animals being slaughtered were not immediately rendered unconscious with a captivebolt device as required y 9 CPR 313 .15.

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1. Noncompliance Record VVL2307043211N-1 was issued on April 11, 2013 for twomissed stuns that day in dairy cows. The animals both remained standing after the firststunning attempt.2. Noncompliance Record VVL5516040329N-1 was issued on April 29, 2013 for themissed stun of a formula fed veal with the captive bolt device.

3. Noncompliance Record VVL0709082502N-1 was issued on August 02, 2013 for themissed stun of a dairy cow. The animal remained standing following the first stunningattempt.4. Noncompliance Record VVL1411083912N-1 was issued on August 12, 2013 for missedstunning a steer. The animal remained standing following the first stunning attempt.5. Noncompliance Record VVL0208082127N-1 was issued on August 27, 2013 for themissed stun of a dairy cow. The animal remained standing following the first stunningattempt. After skinning the head it was observed that the first stunning attempt entered

the animal's sinus cavity and not the cranial cavity.6. On September 03, 2013 a steer was missed stunned after the plant employee attempted tostun without the use of the head restraint system. The first attempt with the captive bolt

entered the nasal cavity and the animal remained standing. IPP documented an MOI withregards this incident.The listed noncompliances indicate a trend of repetitive noncompliance with 9 CFR 313 .15 (a)1 ), which states, The captive bolt stunners shall be applied to the livestock in accordance withthis section so as to produce immediate unconsciousness in the animals before they are shackled,hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they will berendered unconscious with a minimum of excitement and discomfort. Also 9 CFR 313.15 (a)(3) states immediately after the stunning blow is delivered, the animals shall be in a state ofcomplete unconsciousness and remain in this condition throughout shackling, sticking andbleeding. Further 9 CFR 313. l 5(b) 1 )(iii) states The stunning area shall be so designed andconstructed as to limit the free movements of animals sufficiently to allow the operator to locatethe stunning blow with a high degree of accuracy. All chutes, alleys, gates and restrainingmechanisms between and including holding pens and stunning areas shall be free from painproducing features such as exposed bolt ends, loose boards, splintered or broken planking, andprotruding sharp metal of any kind. There shall be no unnecessary holes or other openings wherefeet or legs of animals m y be injured. Overhead drop gates shall be suitably covered on thebottom edge to prevent injury on contact with animals. Roughened or cleated cement shall beused as flooring in chutes leading to stunning areas to reduce falls of animals. Chutes, alleys, andstunning areas shall be so designed that they will comfortably accommodate the kinds of animalsto be stunned.

Your continued failure to provide adequate preventive measures with regards to continuednoncompliance with 9 CFR 313 .15, indicates your company's inability or unwillingness toeffectively implement humane methods of slaughtering and handling of livestock.In accordance with FSIS' Rules of Practice, 9 CFR 500, and with respect to 9 CFR 313, we arenotifying your firm of our intent to suspend slaughter inspection at your facility. Please providethis office with a written response concerning this NOIE within three (3) working days from thedate of your firm's receipt of this letter. We will determine further action, if any, based uponyour response.

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The justification for the issuance of a Notice of Intended Enforcement and not a Notice ofSuspension is based the determination that your establishment is operating under a robust writtensystematic approach to humane handling. Also the noncompliances were not egregiousindividually.t is our hope that this matter can e resolved quickly. f you have any questions regarding thismatter, please feel free to contact Dr. Larry Davis, Deputy District Manager at (215) 430-6304.

Sincerely,

\ 6 \ A'..:V' '-'- YMt u ~ e h n e yDistrict ManagerPhiladelphia District Office


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New York Custom Processing Inhumane Handling USDA FSIS Intended Inforcement.pdf