[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Notices]
[Pages 54625-54627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20431]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 04-013N]
Humane Handling and Slaughter Requirements and the Merits of a
Systematic Approach To Meet Such Requirements
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: All livestock establishments are required to meet requirements
in the Humane Methods of Slaughter Act (HMSA), Federal Meat Inspection
Act (FMIA) and implementing regulations. FSIS believes a systematic
approach is beneficial in meeting these requirements and through this
notice is encouraging livestock slaughter establishments to use a
systematic approach to humane handling and slaughter to best ensure
that they meet the requirements of the HMSA, FMIA, and implementing
regulations. With a systematic approach, establishments focus on
treating livestock in such a manner as to minimize excitement,
discomfort, and accidental injury the entire time they hold livestock
in connection with slaughter.
FOR FURTHER INFORMATION CONTACT: Lynn Dickey, Ph.D., Director,
Regulations and Petitions Policy Staff, Office of Policy, Program and
Employee Development, Food Safety and Inspection Service, Cotton Annex
Building, 300 12th Street, SW., Room 112, Washington, DC 20250-3700;
(202) 720-5627.
SUPPLEMENTARY INFORMATION:
The HMSA, the FMIA, and FSIS Regulations on Humane Handling and
Slaughter of Livestock
The HMSA of 1978 (7 U.S.C. 1901 et seq.) requires that humane
methods be used for handling and slaughtering livestock. The HMSA
provides that two methods of slaughter and handling are humane. Under
the first humane method, all livestock are rendered insensible to pain
by a single blow or gunshot or an electrical, chemical, or other means
that is rapid and effective, before being shackled, hoisted, thrown,
cast, or cut. Under the second humane method, slaughtering is in
accordance with the ritual requirements of the Jewish faith or of any
other religious faith that prescribes a method of slaughter whereby the
animal suffers loss of consciousness by anemia of the brain caused by
the simultaneous and instantaneous severance of the carotid arteries
with a sharp instrument.
In the HMSA, Congress found ``that the use of humane methods in the
slaughter of livestock prevents needless suffering; results in safer
and better working conditions for persons engaged in the slaughtering
industry; brings about improvement of products and economies in
slaughtering operations; and produces other benefits for producers,
processors, and consumers which tend to expedite an orderly flow of
livestock and livestock products in interstate and foreign commerce.''
The HMSA is referenced in the FMIA (21 U.S.C. 603) and is
implemented by FSIS humane handling and slaughter regulations found at
9 CFR part 313. 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 (21 U.S.C. 603(b)).
Therefore, establishments must meet the humane handling and slaughter
requirements in the regulations the entire time they hold livestock in
connection with slaughter.
The Reason FSIS is Issuing This Notice at This Time
FSIS is issuing this notice because there has been considerable
congressional and public interest about the humane treatment of
animals, and because the number of humane handling noncompliance
incidents documented by FSIS in establishments has increased over the
last three years.
In recent years, Congress has taken various actions to strengthen
USDA's resources and to ensure that the agency enforces the humane
handling and slaughter provisions of the HMSA and the FMIA. In 2001,
Congress provided funds for the agency to enhance verification and
enforcement of humane slaughter practices. In response, FSIS created
the position of District Veterinary Medical Specialist (DVMS) in each
of the FSIS district offices. The DVMSs are the primary contacts for
all humane handling and slaughter issues, and they are the liaisons
between the district offices and headquarters. They are responsible for
on-site coordination of nationally prescribed humane slaughter
procedures and verification of
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humane handling activities, as well as for disseminating directives,
notices, and other information related to the HMSA.
In a recent congressional conference report for fiscal year 2003
appropriations (House Conference Report. No. 108-10 (2003)), the
conferees directed the United States Government Accountability Office
(GAO) to review and report to the appropriations committees on the
scope and frequency of humane slaughter violations and to provide
recommendations on the extent to which additional resources for
inspection personnel, training, and other agency functions are needed
to properly regulate slaughter facilities.
In response to this congressional request, GAO analyzed the scope
and frequency of humane handling and slaughter noncompliance incidents
documented by FSIS inspection program personnel and found that the
number of documented records for noncompliance incidents increased from
January 2001 through March 2003. Similarly, the number of noncompliance
records documenting relatively minor violations increased as well. FSIS
attributed the increase in part to the enhanced awareness of humane
handling and noncompliance documentation requirements on the part of
the FSIS inspection program personnel (based in part on the efforts of
the DVMSs).
In addition to this congressional interest, FSIS has received over
20,000 letters from the public (individuals, consumer organizations,
and animal welfare organizations) over the last few years expressing
concerns regarding the humane treatment of livestock. Public interest
regarding the humane treatment of livestock continues to be high.
FSIS has sought to demonstrate its commitment to humane handling
and slaughter by taking a number of actions in addition to creating the
position of DVMS. The Agency issued FSIS Notice 50-02, ISP Procedure
Code for Humane Slaughter in November 2002. This Notice directs FSIS
veterinarians and FSIS inspection program personnel to document
violations of humane handling requirements on a Noncompliance Record
(NR) using a procedure code that was created solely to document
violations of humane handling and slaughter requirements. Use of this
code is allowing the Agency to more accurately document, track, and
address violations of the HMSA.
In November of 2003, the Agency issued a directive to all FSIS
inspection program personnel that provides specific, detailed
information about requirements of the HMSA to ensure that verification
and enforcement are clearly and uniformly understood. In June 2004,
FSIS issued a FSIS Notice to provide FSIS inspection program personnel
with clarification regarding what information they are to record in
Humane-handling Activities Tracking (HAT) under the Electronic Animal
Disposition Report System (eADRS), and to remind them about the
information that they are to include on NRs issued for humane handling
noncompliances.
A Systematic Approach to Humane Handling and Slaughter
Establishments need to implement and maintain a systematic approach
to humane handling and slaughter to best assure compliance with the
HMSA, FMIA and implementing regulations. To develop and maintain a
systematic approach to meet the humane handling and slaughter
requirements, establishments should:
(1) Conduct an initial assessment of where and under what
circumstances livestock may experience excitement, discomfort, or
accidental injury while being handled in connection with slaughter and,
except for establishments conducting ritual slaughter, where and under
what circumstances stunning problems may occur;
(2) Design facilities and implement practices that will minimize
excitement, discomfort, and accidental injury to livestock;
(3) Evaluate periodically their handling methods to ensure they
minimize excitement, discomfort, or accidental injury and, except for
establishments conducting ritual slaughter, evaluate periodically their
stunning methods to ensure that all livestock are rendered insensible
to pain by a single blow; and
(4) Improve handling practices and modify facilities when necessary
to minimize excitement, discomfort, and accidental injury to livestock.
In the first step of a systematic approach, establishments should
conduct an assessment of where handling and stunning problems may
occur. Establishments should consider such factors as (1) whether the
movement of livestock is done with a minimum of excitement and
discomfort to the animal and at a suitable pace, (2) whether the
particular livestock's genetics, instincts, and behavior are taken into
account in the handling of livestock in the establishment, (3) whether
electric prods and other implements are used as little as possible to
move animals within the establishment, (4) whether animals have access
to water, (5) whether there is sufficient room in the holding pens for
animals that are held overnight, (6) whether training is provided for
establishment personnel in the appropriate and proper use of restraints
and prods, and (7) whether potential weather and climatic conditions of
the locale, especially for disabled livestock in the establishment,
will lead to the inhumane treatment of animals.
Establishments should also assess the stunning method used for its
effectiveness in rendering animals immediately unconscious and to
ensure that animals are being properly stunned before being
slaughtered. Establishments should also assess the training for
establishment personnel in the appropriate use of stunning and
slaughtering equipment.
In the second step of a systematic approach, establishments should
determine if they are in compliance with the regulatory requirements by
analyzing whether (1) the pens, driveways, and ramps are designed and
maintained to prevent injury or pain to the animals,(2) the pens are
free of loose boards or openings, so that the head, feet or legs of an
animal will not be injured, (3) the floors of pens, ramps, and
driveways are constructed so that an animal is not likely to fall
(e.g., using cleated or waffled floors or sand on the floors), and (4)
driveways are designed so that sharp turns or sudden reversals of
direction are minimized, so that they are not likely to cause injury to
the animals.
In the third step of a systematic approach, establishments should
evaluate periodically their handling methods to ensure that their
employees are in fact minimizing excitement, discomfort, or accidental
injury to livestock. Establishments should also periodically evaluate
their stunning methods to ensure that they are working effectively to
render all animals insensible to pain by a single blow.
If an establishment finds evidence of a problem during the first
three steps of the evaluation process, it should follow step 4 of the
systematic approach and improve its handling practices or modify its
facilities to minimize the excitement, discomfort, or accidental injury
to livestock.
(Some of the factors recommended above are based on information
from Dr. Temple Grandin--see the references at the end of this Notice).
When conducting the four recommended steps outlined above,
establishments should consider all factors relevant to humane handling
and slaughter requirements for the entire
[[Page 54627]]
time that livestock is held in connection with slaughter.
Through a systematic approach, establishments that do not conduct
ritual slaughter will best ensure that their stunning methods render
all livestock insensible to pain by a single blow. In addition, FSIS is
recommending the systematic approach discussed above because it ensures
that establishments take into account any new conditions in the
establishment that warrant changes to facilities or existing handling
or slaughter procedures.
FSIS has included a list of references that may assist
establishments in considering means of assessing or improving their
handling and slaughter procedures.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this notice, FSIS will announce it on-line
through the FSIS web page located at http://www.fsis.usda.gov.
FSIS also will 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, recalls, and other types of
information that could affect or would be of interest to our
constituents and stakeholders. The update is communicated via Listserv,
a free e-mail subscription service consisting of industry, trade, and
farm groups, consumer interest groups, allied health professionals,
scientific professionals, and other individuals who have requested to
be included. The update also is available on the FSIS web page. Through
Listserv and the web page, FSIS is able to provide information to a
much broader, more diverse audience.
References
The following sources are available for review in the FSIS
Docket Room, Cotton Annex, 300 12th Street, SW., Room 102,
Washington, DC 20250 between 8:30 a.m. and 4 p.m., Monday through
Friday.
Baker, L. (2004). Humane slaughter systems. Unpublished research
paper, Virginia-Maryland Regional College of Veterinary Medicine,
Blacksburg, Virginia.
D'Souza, D.N., Warner, R.D., Dunshea, F.R. & Leury, B.J. (1998).
Effect of on-farm and pre-slaughter handling of pigs on meat
quality. Australian Journal of Agricultural Research, 49, 1021-1025.
Grandin, T. (2003). AMI Meat Institute Foundation: Good
management practices for animal handling and stunning at http://www.grandin.com/ami.audit.guidelines.html.
Grandin, T. (1996). Animal welfare in slaughter plants. Research
paper presented at the 29th Annual Conference of American
Association of Bovine Practitioners. Proceedings, pages 22-26.
Grandin, Temple Web Page. Available at: http://www.grandin.com.
Done at Washington, DC on September 3, 2004.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 04-20431 Filed 9-8-04; 8:45 am]
BILLING CODE 3410-DM-P