AK's Midstate Meats, LLC: Non-Compliance to Humane Livestock Handling in 2025 (USDA)

313.2(f)

On Monday, 9/23/2025 at approximately 11:00am I, the CSI was standing outside the kill floor room awaiting the stun operator to stun a beef cow Lot # 161. I heard the gunshot, and I then entered the kill floor to observe the cow. The cow was in the kill chute straight ahead and perpendicular to me. I could see the blood shooting forward from its skull, but the cow was still standing, looking dazed and moving towards the back of the chute. I could see the side of its head, and it appeared conscious while moving its head. I heard no vocalization from the cow. The stun operator then used the same firearm and immediately applied a second stun, and the cow quickly went down on all four legs and was no longer conscious. A regulatory action was not taken as the first stun was ineffective and the stun operator took immediate action to render the animal unconscious. There have been no other non-compliances for the same root cause in the last 90 days.

313.1

HATS Category III: Water and Feed Availability HATS Category VII: Slips and Falls NZS1211093323N/1 On Monday, 9/22/2025 at approximately 2:30pm I, the CSI and the DVM Frontline Supervisor observed the following noncompliance as we walked through the establishment's barn facility. In the first pen, there was one beef cow observed splaying its legs outwards due to the excess feces and water on the floor. We observed minimal hay or sand on the pen's smooth cement flooring. There was a small amount of water in a low round water container on the pen floor. The second pen contained three beef cows which had sufficient hay on the barn floor to prevent slipping and falling, however no water was observed in the water container. In the absence of the plant manager, the plant manager's employee was verbally notified of the forthcoming noncompliance. Regulatory action was not taken as water was provided thereafter. This noncompliance record will be associated with NR# NZS4610072315N/1 issued on 7/15/2025 for the same root cause. The Denver District Veterinary Medical Specialist was notified through supervisory channels. This establishment has implemented a robust systematic approach to the humane handling of livestock.

313.2

On Tuesday, July 15, 2025, at approximately 7:45am I, CSI REDACTED while performing the Humane Handling HATS category III verification task I observed the following non-compliance. I walked into the barn to observe the animals prior to the start of slaughter. I counted five beef cattle in three pens. These animals were part of a group of nine cattle delivered on Sunday, July 13, 2025. The remaining five cattle were not given any feed or water prior to the end of the day on Monday, July 14, 2025, due to the fact none of the pens had either hay or grain, and no water was made available to them. One pen had no water container at all, one pen's water container was empty and the third was dry to the touch. Additionally, the current water containers are inadequate to hold water. They are round in shape approximately 10 inches high by 28 inches wide. The containers are ripped or have cracks and thus are unable to keep water in them and tip over readily when the pens are overcrowded. Up to five animals are placed in each pen at a time with little to no room to move about. Thus, a noncompliance record was issued under 9 CFR 313.2(e) which states: (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. No feed or water was made available to these animals. The owner was notified immediately of the non-compliance Dr. REDACTED, DVM, SPHV was contacted and notified of the non-compliance. A regulatory action was not taken as corrective actions to provide water and hay were taken shortly thereafter. There have been no other non-compliance records issued within the last 90 days for the same root cause.

313.16(a)(3),313.16(a)(1)

HATS Category VIII: Stunning Effectiveness On June 23, 2025, at approximately 11:30 hours, I, CSI REDACTED, observed a very large horned steer in the chute. I was in a safe location off of the slaughter floor during stunning due to the use of a firearm (.357 pistol). The stun operator applied the first stun, and I observed the animal down on it knees but I did not have a direct line of sight as the animal was still in the chute perpendicular to me, to see if the animal was conscious when I entered the slaughter floor. The stun operator informed me that he was going to apply a second stun. I nodded to the stun operator and vacated the slaughter floor. After the second stun with the same firearm, the establishment employee opened the side of the chute where the steer rolled out but was exhibiting seizure-like activity. I observed the steer flailing with his head up and down and it’s eyes were moving side to side (i.e. nystagmus), it’s legs were not moving in the usual reflexive way. I could see it breathing as its ribcage was moving up and down quickly and its tongue was still in its mouth. The stun operator had walked away from the slaughter floor, and I immediately informed the establishment employee that the steer was still breathing so the establishment employee called for the stun operator to come back. The stun operator returned and applied a security stun with the same pistol, which fully rendered the steer unconscious and there was no other movement of the head, eyes, legs and the tongue hung out of its mouth. I applied U.S. Reject tag #B39485295 to the kill chute entry door from the barn and #B3948293 to the side of the chute in the kill room to the stun box. The Denver District Management Team was notified through supervisory channels. There have not been any noncompliance records issued for the same root cause in the past 90 days. Upon notification by the Denver District Management Team I, the CSI, removed the two tags from the kill chute. This establishment has a newly updated robust systematic approach to the humane handling of livestock effective 6/24/2025.

313.2

HATS Category III: Water and Feed Availability At 7:45am on Wednesday, November 13, 2024, while verifying HATS Category III Water and Feed Availability in the barn, I, the CSI observed the following non-compliance. I observed one beef steer in the barn pen adjacent to the entry door from the kill floor to the barn. On the barn floor inside the pen immediately adjacent to the entry door there was a water bucket containing a frozen sludge mixture of water, hay, feces and mud. I immediately spoke to the owner REDACTED to inform him that the steer had no water and to please have one of the employees remedy the situation to provide fresh water to the steer. Mr. REDACTED acknowledged that he would have it taken care of. The water bucket had not been changed since the previous day. There was no sign of any feed having been provided to the animal overnight. At approximately 8:30am, the steer was loaded into the kill chute and slaughtered. While on the kill floor I checked the pen and the water bucket was still there frozen and unchanged. Water was not provided by any establishment employees. A regulatory action was not taken due to the animal being slaughtered shortly thereafter. Dr. REDACTED, DVM, SPHV was contacted and notified of the non-compliance. The owner was verbally notified that a non-compliance record would be issued under HATS Category III. I spoke with Mr. REDACTED who indicated he had forgotten to let the employees know to change out the water bucket. There have been no non-compliance records issued for the same root cause with the past 90 days.