Inhumane Handling of Livestock in Connection With Slaughter by Persons Not Employed by the Official Establishment, 74280-74282 [2016-24754]
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Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
eligible for export from the United
States.
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Done in Washington, DC, this 21st day of
October 2016.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2016–25860 Filed 10–25–16; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 313, 320, and 500
[Docket No. FSIS–2016–0004]
Inhumane Handling of Livestock in
Connection With Slaughter by Persons
Not Employed by the Official
Establishment
Food Safety and Inspection
Service, USDA.
ACTION: Final determination and
opportunity for comments.
AGENCY:
The Food Safety and
Inspection Service (FSIS), is announcing
its intent to hold livestock owners,
transporters, haulers and other persons
not employed by an official
establishment responsible if they
commit acts involving inhumane
handling of livestock in connection with
slaughter when on the premises of an
official establishment. The Agency
intends to initiate civil or criminal
action, in appropriate circumstances,
against individuals not employed by an
official establishment, if these
individuals handle livestock
inhumanely in connection with
slaughter when on the official premises.
FSIS believes these actions will further
improve the welfare of livestock
handled in connection with slaughter by
ensuring that all persons that
inhumanely handle livestock in
connection with slaughter are held
accountable.
DATES: Comments must be received by
November 25, 2016. FSIS will
implement the actions discussed in this
document on January 24, 2017, unless
FSIS receives comments that
demonstrate a need to revise this date.
FSIS will publish a Federal Register
document affirming the implementation
date.
ADDRESSES: FSIS invites interested
persons to submit comments on this
notice. Comments may be submitted by
either of the following methods:
Federal eRulemaking Portal: This
Web site provides the ability to type
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SUMMARY:
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Jkt 241001
short comments directly into the
comment field on this Web page or
attach a file for lengthier comments. Go
to https://www.regulations.gov/. Follow
the on-line instructions at that site for
submitting comments.
Mail, including CD–ROMs, etc.: Send
to Docket Room Manager, U.S.
Department of Agriculture, Food Safety
and Inspection Service, Patriots Plaza 3,
14000 Independence Avenue SW.,
Mailstop 3782, Room 8–163B,
Washington, DC 20250–3700.
Hand- or courier-delivered submittals:
Deliver to Patriots Plaza 3, 355 E. Street
SW., Room 8–163B. Washington, DC
20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2016–0004. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
Docket: For access to background
documents or to comments received, go
to the FSIS Docket Room at Patriots
Plaza 3, 355 E. Street SW., Room 8–164,
Washington, DC 20250–3700 between 8
a.m. and 4:30 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT:
Daniel L. Engeljohn, Ph.D., Assistant
Administrator, Office of Policy and
Program Development, FSIS, USDA;
Telephone: (202) 205–0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS administers the Federal Meat
Inspection Act (FMIA) (21 U.S.C. 601 et
seq.), which establishes requirements
for the premises, facilities, and
operations of official establishments that
slaughter livestock and prepare meat
and meat products for human food to
ensure both the safety of meat and the
humane slaughter and handling of
livestock. The FMIA provides that, for
the purposes of preventing inhumane
slaughter of livestock, the Secretary of
Agriculture will assign inspectors to
examine and inspect the methods by
which livestock are slaughtered and
handled in connection with slaughter in
slaughtering establishments subject to
inspection under the FMIA (21 U.S.C.
603(b)). The Humane Methods of
Slaughter Act (HMSA) (7 U.S.C. 1901 et
seq.) requires that the slaughter of
livestock and the handling of livestock
in connection with slaughter be carried
out only by humane methods (7 U.S.C.
1901). Therefore, FSIS requires official
establishments to humanely handle
livestock that are on the official
PO 00000
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Fmt 4700
Sfmt 4700
premises, on vehicles that are on the
official premises, and on vehicles in
queue for slaughter establishments.
Once a vehicle carrying livestock enters,
or is in line to enter, an official
establishment’s premises, the vehicle is
considered to be part of that official
establishment’s premises (see FSIS
Directive 6900.2).
With respect to enforcement action at
the establishment, the FMIA and
implementing regulations provide that
FSIS may suspend inspection services
from an official establishment for
inhumane slaughter or inhumane
handling in connection with slaughter
(21 U.S.C. 603(b); 9 CFR part 500). The
FMIA (21 U.S.C. 610) provides that no
person, establishment, or corporation
shall slaughter or handle in connection
with slaughter any livestock in any
manner not in accordance with the
HMSA (21 U.S.C. 610(b)). The FMIA
also provides for the issuance of
warning letters and for initiation of
criminal and civil action for violations
(21 U.S.C. 674 and 676).
Livestock transporters or haulers
transport animals to slaughter
establishments. Many of these
individuals are not employed by the
establishment and thus are not required
to follow instructions from the
establishment on the handling of
livestock in connection with slaughter.
Unlike owners of Federal
establishments, non-employees, such as
livestock transporters, generally do not
hold a grant of Federal inspection and
therefore are not subject to FSIS
administrative enforcement actions.
When non-employee transporters
inhumanely handle livestock on the
premises of an official establishment,
FSIS takes action against the
establishment (see FSIS Directive
6900.2). For purposes of this document,
livestock transporters, haulers, or other
persons not employed by an official
establishment that handle livestock in
connection with slaughter are
collectively referred to as ‘‘nonemployee transporters’’, or simply ‘‘nonemployees.’’
On January 21, 2015, FSIS received a
petition from an attorney on behalf of an
official swine slaughter establishment
requesting that FSIS review its humane
handling enforcement policy (available
on the FSIS Web page at https://
www.fsis.usda.gov/wps/wcm/connect/
4d9160de-a7a1-4fd9-88ff-e3b24bf8d1e9/
15-03-Non-Employee-HumaneHandling.pdf?MOD=AJPERES). The
petition stated that official
establishments should not be held
accountable when non-employees
inhumanely handle livestock on the
official establishment premises. FSIS
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Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
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has decided to grant the petition and is
publishing this document to describe
the actions that the Agency will take
when non-employee transporters
inhumanely handle livestock on the
premises of an official establishment.
Non-Employee Violations
FSIS intends to hold non-employees
accountable for their actions if they
inhumanely handle livestock in
connection with slaughter when on the
premises of an official establishment.
When FSIS’s Office of Field
Operations (OFO) inspection program
personnel (IPP) observe a non-employee
inhumanely handling livestock in
connection with slaughter, FSIS will
instruct them to produce a written
record of the event and forward the
record to their District Office. The
District Office will refer the record,
when appropriate, to FSIS’s Office of
Investigation, Enforcement and Audit
(OIEA) to conduct follow-up
investigations and enforcement action.
As discussed below, FSIS intends to
update its livestock handling
instructions to OFO and OIEA
personnel to reflect the actions
described in this document. These
instructions will include a description
of the type of information that IPP are
to include in their written records of the
event. In accordance with FSIS
Directive 8010.5 Case Referral and
Disposition, OIEA personnel will
evaluate the case for determination of
action, including warning letters for
minor violations, civil action for
repetitive violations, and criminal
prosecution for egregious violations (21
U.S.C. 674 and 676).
The actions that FSIS is announcing
in this document are intended to
enhance the Agency’s ability to ensure
the humane handling of livestock in
connection with slaughter and do not
replace existing enforcement policies.
FSIS will continue to use its
administrative authority to take action
against the establishment when
establishment employees are found
responsible for inhumane handling of
livestock. FSIS will consider the
involvement of non-employees in
incidents of inhumane handling while
on establishment premises to assess the
appropriate administrative enforcement
actions, if any, that the Agency will take
against the establishment. The following
examples illustrate how FSIS intends to
implement this policy.
If FSIS determines that a nonemployee is solely responsible for a
humane handling violation, FSIS will
use its authority to initiate action solely
against the non-employee and will not
take administrative enforcement action
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15:02 Oct 25, 2016
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against the establishment. For example,
if OFO personnel observe a nonemployee driving animals too fast and
causing a few to slip and fall, and
establishment employees are not
involved in the event, FSIS will initiate
action against the non-employee and
will not take an administrative
enforcement action against the
establishment.
If FSIS determines that a nonemployee and an establishment
employee both are engaged in a humane
handling violation, FSIS will use its
authority to initiate action against the
non-employee and to take a regulatory
control action or administrative
enforcement action, as appropriate,
against the establishment. For example,
if OFO personnel observe a nonemployee transporter and an
establishment employee driving animals
too fast, FSIS will initiate an action
against the non-employee and take a
separate regulatory or administrative
enforcement action against the
establishment.
OFO personnel will take a regulatory
control action when it is necessary for
FSIS to stop the inhumane treatment of
livestock because the violation
continues to injure, cause distress, or
otherwise adversely affects livestock, or
to immediately stop inhumane handling
that is egregious, regardless of whether
a non-employee or an establishment
employee is responsible for the
inhumane handling (9 CFR 500.2(a)(4),
9 CFR 313.50). After taking a regulatory
control action, OFO personnel will meet
with establishment management and
assess the event to determine whether a
non-employee, an establishment
employee, or both committed the
humane handling violation. For
example, if OFO personnel observe the
excessive beating of livestock during
unloading, FSIS personnel may apply a
tag to the unloading chute to prevent
further inhumane handling. FSIS
personnel would meet with
establishment management and make a
determination as to whether the persons
responsible for the inhumane handling
were non-employees or were employed
by the establishment. If a non-employee
is found to be solely responsible for the
inhumane handling violation, OFO
personnel would not take regulatory or
administrative enforcement actions
against the establishment. OFO
personnel would remove the tag after
the establishment proffers preventive
measures that ensure compliance with
the appropriate provisions of 9 CFR part
313.
If OFO personnel determine that a
non-employee inhumanely handled
livestock on the premises of an official
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Sfmt 4700
74281
slaughter establishment, FSIS expects
that establishment management will
provide, upon request, certain records
that are required to be maintained under
9 CFR part 320. These records include,
among others, the name and address of
the seller of the livestock, the method of
shipment, the date of shipment, and the
name and address of the carrier (9 CFR
320.1(b)(1)). If establishment
management does not provide the
information upon request, FSIS may
obtain a subpoena to gain access to the
non-employee information required
under 9 CFR 320.1.
Implementation and Request for
Comments
FSIS requests comments on its
decision to initiate enforcement actions
against non-employees that inhumanely
handle livestock in connection with
slaughter while on the premises of an
official establishment. FSIS will make
changes to its implementation plans as
necessary in response to the comments
received. The Agency also will update
its livestock handling instructions to
OFO and OIEA personnel and its
humane handling guidance materials to
reflect the actions described in this
document. FSIS will begin
implementing the policy discussed in
this action 90 days after its publication
in the Federal Register, unless FSIS
receives comments that demonstrate a
need to revise this plan. The Agency
will announce the availability of its
updated humane handling guidance
materials in a separate Federal Register
notice. Additionally, FSIS will perform
outreach to industry to educate
slaughter establishments as well as
animal transporters, haulers, and allied
industries.
USDA Non-Discrimination Statement
No agency, officer, or employee of the
USDA shall, on the grounds of race,
color, national origin, religion, sex,
gender identity, sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
public assistance program, or political
beliefs, exclude from participation in,
deny the benefits of, or subject to
discrimination any person in the United
States under any program or activity
conducted by the USDA.
How To File a Complaint of
Discrimination
To file a complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form, which
may be accessed online at https://
www.ocio.usda.gov/sites/default/files/
docs/2012/
Complain_combined_6_8_12.pdf, or
E:\FR\FM\26OCR1.SGM
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Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations
write a letter signed by you or your
authorized representative.
Send your completed complaint form
or letter to USDA by mail, fax, or email:
Mail: U.S. Department of Agriculture,
Director, Office of Adjudication, 400
Independence Avenue SW.,
Washington, DC 20250–9410, Fax: (202)
690–7442, Email:
program.intake@usda.gov.
Persons with disabilities who require
alternative means for communication
(Braille, large print, audiotape, etc.),
should contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
Additional Public Notification
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[FR Doc. 2016–24754 Filed 10–25–16; 8:45 am]
BILLING CODE P
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Federal Aviation Administration
14 CFR Part 27
[Docket No. FAA–2016–9308; Special
Conditions No. 27–040–SC]
Special Conditions: Airbus Helicopters
Model EC120B Helicopters, Installation
of HeliSAS Autopilot and Stabilization
Augmentation System (AP/SAS)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the modification of the Airbus
Helicopters Model EC120B helicopter.
This model helicopter will have a novel
or unusual design feature after
installation of the S–TEC Corporation
(S–TEC) HeliSAS helicopter autopilot/
stabilization augmentation system (AP/
SAS) that has potential failure
conditions with more severe adverse
consequences than those envisioned by
the existing applicable airworthiness
regulations. These special conditions
contain the added safety standards the
Administrator considers necessary to
ensure the failures and their effects are
sufficiently analyzed and contained.
DATES: The effective date of these
special conditions is October 26, 2016.
We must receive your comments on or
before December 12, 2016.
ADDRESSES: Send comments identified
by docket number [FAA–2016–9308]
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery of Courier: Deliver
comments to the Docket Operations, in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC between 9
a.m., and 5 p.m., Monday through
Friday, except federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://regulations.gov, including any
personal information the commenter
provides. Using the search function of
the docket Web site, anyone can find
and read the electronic form of all
comments received into any FAA
SUMMARY:
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication on-line through the FSIS
Web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS will also make copies of this
Federal Register publication available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures,
regulations, Federal Register notices,
FSIS public meetings, and other types of
information that could affect or would
be of interest to constituents and
stakeholders.
The Update is communicated via
Listserv, a free electronic mail
subscription service for industry, trade
groups, consumer interest groups,
health professionals, and other
individuals who have asked to be
included. The Update is also available
on the FSIS Web page. In addition, FSIS
offers an electronic mail subscription
service which provides automatic and
customized access to selected food
safety news and information. This
service is available at: https://
www.fsis.usda.gov/subscribe. Options
range from recalls to export information
to regulations, directives, and notices.
Customers can add or delete
subscriptions themselves, and have the
option to password protect their
accounts.
Dated: October 6, 2016.
Alfred V. Almanza,
Acting Administrator.
DEPARTMENT OF TRANSPORTATION
PO 00000
Frm 00004
Fmt 4700
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docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov. Follow the
online instructions for accessing the
docket or go to the Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m., and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary
Roach, Aviation Safety Engineer, FAA,
Rotorcraft Directorate, Regulations and
Policy Group (ASW–111), 10101
Hillwood Parkway, Fort Worth, Texas
76177; telephone (817) 222–4859;
facsimile (817) 222–5961; or email to
Gary.Roach@faa.gov.
SUPPLEMENTARY INFORMATION:
Reason for No Prior Notice and
Comment Before Adoption
The FAA has determined that notice
and opportunity for public comment are
unnecessary because the substance of
these special conditions has been
subjected to the notice and comment
period previously and has been derived
without substantive change from those
previously issued. As it is unlikely that
we will receive new comments, the FAA
finds that good cause exists for making
these special conditions effective upon
issuance.
Comments Invited
While we did not precede this with a
notice of proposed special conditions,
we invite interested people to take part
in this action by sending written
comments, data, or views. The most
helpful comments reference a specific
portion of the special conditions,
explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want us to let you know we
received your mailed comments on
these special conditions, send us a preaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it back to you.
E:\FR\FM\26OCR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74280-74282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24754]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 313, 320, and 500
[Docket No. FSIS-2016-0004]
Inhumane Handling of Livestock in Connection With Slaughter by
Persons Not Employed by the Official Establishment
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final determination and opportunity for comments.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS), is announcing
its intent to hold livestock owners, transporters, haulers and other
persons not employed by an official establishment responsible if they
commit acts involving inhumane handling of livestock in connection with
slaughter when on the premises of an official establishment. The Agency
intends to initiate civil or criminal action, in appropriate
circumstances, against individuals not employed by an official
establishment, if these individuals handle livestock inhumanely in
connection with slaughter when on the official premises. FSIS believes
these actions will further improve the welfare of livestock handled in
connection with slaughter by ensuring that all persons that inhumanely
handle livestock in connection with slaughter are held accountable.
DATES: Comments must be received by November 25, 2016. FSIS will
implement the actions discussed in this document on January 24, 2017,
unless FSIS receives comments that demonstrate a need to revise this
date. FSIS will publish a Federal Register document affirming the
implementation date.
ADDRESSES: FSIS invites interested persons to submit comments on this
notice. Comments may be submitted by either of the following methods:
Federal eRulemaking Portal: This Web site provides the ability to
type short comments directly into the comment field on this Web page or
attach a file for lengthier comments. Go to https://www.regulations.gov/
. Follow the on-line instructions at that site for submitting comments.
Mail, including CD-ROMs, etc.: Send to Docket Room Manager, U.S.
Department of Agriculture, Food Safety and Inspection Service, Patriots
Plaza 3, 14000 Independence Avenue SW., Mailstop 3782, Room 8-163B,
Washington, DC 20250-3700.
Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3,
355 E. Street SW., Room 8-163B. Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2016-0004. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to https://www.regulations.gov.
Docket: For access to background documents or to comments received,
go to the FSIS Docket Room at Patriots Plaza 3, 355 E. Street SW., Room
8-164, Washington, DC 20250-3700 between 8 a.m. and 4:30 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Daniel L. Engeljohn, Ph.D., Assistant
Administrator, Office of Policy and Program Development, FSIS, USDA;
Telephone: (202) 205-0495.
SUPPLEMENTARY INFORMATION:
Background
FSIS administers the Federal Meat Inspection Act (FMIA) (21 U.S.C.
601 et seq.), which establishes requirements for the premises,
facilities, and operations of official establishments that slaughter
livestock and prepare meat and meat products for human food to ensure
both the safety of meat and the humane slaughter and handling of
livestock. The FMIA provides that, for the purposes of preventing
inhumane slaughter of livestock, the Secretary of Agriculture will
assign inspectors to examine and inspect the methods by which livestock
are slaughtered and handled in connection with slaughter in
slaughtering establishments subject to inspection under the FMIA (21
U.S.C. 603(b)). The Humane Methods of Slaughter Act (HMSA) (7 U.S.C.
1901 et seq.) requires that the slaughter of livestock and the handling
of livestock in connection with slaughter be carried out only by humane
methods (7 U.S.C. 1901). Therefore, FSIS requires official
establishments to humanely handle livestock that are on the official
premises, on vehicles that are on the official premises, and on
vehicles in queue for slaughter establishments. Once a vehicle carrying
livestock enters, or is in line to enter, an official establishment's
premises, the vehicle is considered to be part of that official
establishment's premises (see FSIS Directive 6900.2).
With respect to enforcement action at the establishment, the FMIA
and implementing regulations provide that FSIS may suspend inspection
services from an official establishment for inhumane slaughter or
inhumane handling in connection with slaughter (21 U.S.C. 603(b); 9 CFR
part 500). The FMIA (21 U.S.C. 610) provides that no person,
establishment, or corporation shall slaughter or handle in connection
with slaughter any livestock in any manner not in accordance with the
HMSA (21 U.S.C. 610(b)). The FMIA also provides for the issuance of
warning letters and for initiation of criminal and civil action for
violations (21 U.S.C. 674 and 676).
Livestock transporters or haulers transport animals to slaughter
establishments. Many of these individuals are not employed by the
establishment and thus are not required to follow instructions from the
establishment on the handling of livestock in connection with
slaughter.
Unlike owners of Federal establishments, non-employees, such as
livestock transporters, generally do not hold a grant of Federal
inspection and therefore are not subject to FSIS administrative
enforcement actions. When non-employee transporters inhumanely handle
livestock on the premises of an official establishment, FSIS takes
action against the establishment (see FSIS Directive 6900.2). For
purposes of this document, livestock transporters, haulers, or other
persons not employed by an official establishment that handle livestock
in connection with slaughter are collectively referred to as ``non-
employee transporters'', or simply ``non-employees.''
On January 21, 2015, FSIS received a petition from an attorney on
behalf of an official swine slaughter establishment requesting that
FSIS review its humane handling enforcement policy (available on the
FSIS Web page at https://www.fsis.usda.gov/wps/wcm/connect/4d9160de-a7a1-4fd9-88ff-e3b24bf8d1e9/15-03-Non-Employee-Humane-Handling.pdf?MOD=AJPERES). The petition stated that official
establishments should not be held accountable when non-employees
inhumanely handle livestock on the official establishment premises.
FSIS
[[Page 74281]]
has decided to grant the petition and is publishing this document to
describe the actions that the Agency will take when non-employee
transporters inhumanely handle livestock on the premises of an official
establishment.
Non-Employee Violations
FSIS intends to hold non-employees accountable for their actions if
they inhumanely handle livestock in connection with slaughter when on
the premises of an official establishment.
When FSIS's Office of Field Operations (OFO) inspection program
personnel (IPP) observe a non-employee inhumanely handling livestock in
connection with slaughter, FSIS will instruct them to produce a written
record of the event and forward the record to their District Office.
The District Office will refer the record, when appropriate, to FSIS's
Office of Investigation, Enforcement and Audit (OIEA) to conduct
follow-up investigations and enforcement action. As discussed below,
FSIS intends to update its livestock handling instructions to OFO and
OIEA personnel to reflect the actions described in this document. These
instructions will include a description of the type of information that
IPP are to include in their written records of the event. In accordance
with FSIS Directive 8010.5 Case Referral and Disposition, OIEA
personnel will evaluate the case for determination of action, including
warning letters for minor violations, civil action for repetitive
violations, and criminal prosecution for egregious violations (21
U.S.C. 674 and 676).
The actions that FSIS is announcing in this document are intended
to enhance the Agency's ability to ensure the humane handling of
livestock in connection with slaughter and do not replace existing
enforcement policies. FSIS will continue to use its administrative
authority to take action against the establishment when establishment
employees are found responsible for inhumane handling of livestock.
FSIS will consider the involvement of non-employees in incidents of
inhumane handling while on establishment premises to assess the
appropriate administrative enforcement actions, if any, that the Agency
will take against the establishment. The following examples illustrate
how FSIS intends to implement this policy.
If FSIS determines that a non-employee is solely responsible for a
humane handling violation, FSIS will use its authority to initiate
action solely against the non-employee and will not take administrative
enforcement action against the establishment. For example, if OFO
personnel observe a non-employee driving animals too fast and causing a
few to slip and fall, and establishment employees are not involved in
the event, FSIS will initiate action against the non-employee and will
not take an administrative enforcement action against the
establishment.
If FSIS determines that a non-employee and an establishment
employee both are engaged in a humane handling violation, FSIS will use
its authority to initiate action against the non-employee and to take a
regulatory control action or administrative enforcement action, as
appropriate, against the establishment. For example, if OFO personnel
observe a non-employee transporter and an establishment employee
driving animals too fast, FSIS will initiate an action against the non-
employee and take a separate regulatory or administrative enforcement
action against the establishment.
OFO personnel will take a regulatory control action when it is
necessary for FSIS to stop the inhumane treatment of livestock because
the violation continues to injure, cause distress, or otherwise
adversely affects livestock, or to immediately stop inhumane handling
that is egregious, regardless of whether a non-employee or an
establishment employee is responsible for the inhumane handling (9 CFR
500.2(a)(4), 9 CFR 313.50). After taking a regulatory control action,
OFO personnel will meet with establishment management and assess the
event to determine whether a non-employee, an establishment employee,
or both committed the humane handling violation. For example, if OFO
personnel observe the excessive beating of livestock during unloading,
FSIS personnel may apply a tag to the unloading chute to prevent
further inhumane handling. FSIS personnel would meet with establishment
management and make a determination as to whether the persons
responsible for the inhumane handling were non-employees or were
employed by the establishment. If a non-employee is found to be solely
responsible for the inhumane handling violation, OFO personnel would
not take regulatory or administrative enforcement actions against the
establishment. OFO personnel would remove the tag after the
establishment proffers preventive measures that ensure compliance with
the appropriate provisions of 9 CFR part 313.
If OFO personnel determine that a non-employee inhumanely handled
livestock on the premises of an official slaughter establishment, FSIS
expects that establishment management will provide, upon request,
certain records that are required to be maintained under 9 CFR part
320. These records include, among others, the name and address of the
seller of the livestock, the method of shipment, the date of shipment,
and the name and address of the carrier (9 CFR 320.1(b)(1)). If
establishment management does not provide the information upon request,
FSIS may obtain a subpoena to gain access to the non-employee
information required under 9 CFR 320.1.
Implementation and Request for Comments
FSIS requests comments on its decision to initiate enforcement
actions against non-employees that inhumanely handle livestock in
connection with slaughter while on the premises of an official
establishment. FSIS will make changes to its implementation plans as
necessary in response to the comments received. The Agency also will
update its livestock handling instructions to OFO and OIEA personnel
and its humane handling guidance materials to reflect the actions
described in this document. FSIS will begin implementing the policy
discussed in this action 90 days after its publication in the Federal
Register, unless FSIS receives comments that demonstrate a need to
revise this plan. The Agency will announce the availability of its
updated humane handling guidance materials in a separate Federal
Register notice. Additionally, FSIS will perform outreach to industry
to educate slaughter establishments as well as animal transporters,
haulers, and allied industries.
USDA Non-Discrimination Statement
No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States under any program or
activity conducted by the USDA.
How To File a Complaint of Discrimination
To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at https://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or
[[Page 74282]]
write a letter signed by you or your authorized representative.
Send your completed complaint form or letter to USDA by mail, fax,
or email:
Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 400 Independence Avenue SW., Washington, DC 20250-9410,
Fax: (202) 690-7442, Email: program.intake@usda.gov.
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.), should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS Web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS will also make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, and other types of information
that could affect or would be of interest to constituents and
stakeholders.
The Update is communicated via Listserv, a free electronic mail
subscription service for industry, trade groups, consumer interest
groups, health professionals, and other individuals who have asked to
be included. The Update is also available on the FSIS Web page. In
addition, FSIS offers an electronic mail subscription service which
provides automatic and customized access to selected food safety news
and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export
information to regulations, directives, and notices. Customers can add
or delete subscriptions themselves, and have the option to password
protect their accounts.
Dated: October 6, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-24754 Filed 10-25-16; 8:45 am]
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