Putting Glass Walls on New York's Slaughterhouses So We Can See Behind Closed Doors
Joe Pagliuso & Bros., Inc., New York

Address: 6845 N. Slocum Rd, Ontario, NY 14519
Establishment No.: m4253

USDA Inspection Report: 13 Jul 2011

Code: 04C02
Violation: 313.2

Citation: At approximately 0845 I observed the following non-compliance. While the plant was performing Halal slaughter they shackled and raised a non-formula fed veal to perform the cut to euthanize the animal. I took a regulatory control action and placed U.S. retain tag B39878924 to the knocking pen. I informed Dr. and he informed me that this might be part of the ritual slaughter so I removed the U.S. Retained tag per his request. I discussed the issue of shackling and hanging an animal with the Halal Slaughterer and he said that shackling and hanging an animal is not part of the ritual slaughter. He informed me that he would not be able to get a letter stating that it is allowed per his religious beliefs. So According to the Humane Methods of Slaughter Act and FSIS's implementing regulations require that livestock be rendered insensible to pain before being shackled (7 USC 1902(a) and 9 CFR part 313). Thus, livestock cannot be shackled prior to being rendered unconscious or surgically anesthetized, or euthanized. Livestock are considered to be shackled when a device (e.g. rope, chain) used to shackle the animal has been placed around the animal's leg, even if the device has not been drawn tight. Therefore, placing any device around the leg of livestock before stunning, even if loosely placed, is considered a noncompliance of 9 CFR sections 313.5 (a) (1), 313.15 (a) (1), 313.16 (a) (1), or 313.2 (f) with 313.30 (a) (1) as appropriate. This document serves as notice of non-compliance within Federal Regulation 9 CFR 313.2(f).

Regulation:

 313.2 (f) Stunning methods approved in 313.30 shall be effectively applied to animals prior to their being shackled, hoisted, thrown, cast, or cut.

313.5 (a)(1) Administration of gas, required effect; handling. 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.

313.15 (a)(1) Application of stunners, required effect; handling. The captive bolt stunners shall be applied to the livestock in accordance with this 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 be rendered unconscious with a minimum of excitement and discomfort.

313.16 (a)(1) Utilization of firearms, required effect; handling. The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with this section so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animal shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

313.30 (a)(1) Administration of electric current, required effect; handling. The electric current shall be administered so as to produce, at a minimum, surgical anesthesia, i.e., a state where the animal feels no painful sensation. The animals shall be either stunned or killed before they are shackled, hoisted, thrown, cast, or cut. They shall be exposed to the electric current in a way that will accomplish the desired result quickly and effectively, with a minimum of excitement and discomfort.

 

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