New Research: USDA Fails to Pursue Prosecutions of Slaughter Plants, Despite Repeat Violations

Washington, DC—Repeat violators of the federal Humane Methods of Slaughter Act (HMSA) continue to escape meaningful enforcement by the US Department of Agriculture, resulting in continued animal cruelty and suffering, according to a new report released today by the Animal Welfare Institute (AWI).

The report, titled “Humane Slaughter Update: Federal and State Oversight of the Welfare of Livestock at Slaughter,” builds on previous AWI reports by analyzing federal and state slaughter plant inspection records from between 2019 and 2022, during which time an estimated 38.5 billion birds and 660 million livestock (cattle, pigs, sheep, and goats) were killed for food in the United States alone.

The records offer a rare and important window into the myriad problems associated with US slaughter operations, including using excessive force to herd animals; mistreating disabled animals; failing to properly stun animals on the first (or even second, third, or fourth) attempt; and (consequently) shackling, hoisting, or cutting animals while they remain conscious.

Despite this egregious abuse, the USDA has declined to initiate any criminal prosecutions for inhumane slaughter against any of the more than 800 licensed federal plants since at least 2007 and remains unwilling to report incidents to local law enforcement officials for potential prosecution under state anticruelty laws. No state has pursued criminal prosecution of an individual or company for engaging in inhumane slaughter during this period, either, according to AWI’s analysis.

AWI worked diligently for passage of the original HMSA in 1958 and for a 1978 amendment that provided for enforcement, and has filed multiple petitions and lawsuits over the years to try to compel the USDA to properly enforce the law. Unfortunately, the USDA’s longstanding position is to encourage voluntary industry adoption of many of the best practices related to humane handling, which has proven to be ineffective. Shamefully, the USDA also interprets the law to exclude birds, despite the fact that these animals constitute the vast majority of animals killed for food in this country.

“By keeping slaughter operations hidden, the meat and poultry industries can shield consumers from the horrific conditions endured by billions of farmed animals each year,” said Zack Strong, the report’s co-author and director and senior attorney for AWI’s Farmed Animal Program. “Our analysis shows a pattern of blatant disregard for animal well-being at slaughter and a lack of follow-through from the one federal department empowered to change it.”

In one example, over the course of about a year and a half, federal inspectors documented 122 instances of dead “bob veal” calves (typically less than three weeks old) found in transport trucks arriving from California to the Ida Meats slaughter plant in Idaho. Inspection reports indicated that approximately 4,000 calves suffered and died during these incidents; yet, the records offer no evidence that the USDA initiated an investigation, attempted to contact the trucking company or calf supplier, or notified local law enforcement.

In another example, over the course of about two years, USDA personnel in the Swift Pork Company slaughter plant in Iowa documented nearly 250 occasions of excessive use of electrical prods, paddles, pokers, and other animal handling implements. Inspection records indicate that the abuse was occurring both on-farm and at the slaughter plant, with tens of thousands of animals affected. While the USDA did report the situation to the Iowa state veterinarian, there is no evidence that the department or the veterinarian notified local law enforcement about the potential criminal mistreatment.

Although the USDA has declined to pursue criminal prosecution, it has taken stronger administrative actions against slaughter plants. From 2019 through 2022, nine federal plants were suspended or threatened with suspension three or more times within one year: Abattoir Associates in Spring Mills, PA; Alaska Interior Meats in North Pole, AK; Bay Area Ranchers’ Cooperative in Petaluma, CA; Nelson’s Meat Processing in Milton, WV, Northwest Premium Meats in Nampa, ID; Powell Meat Company in Clinton, MO; Pudliner Packing in Johnstown, PA, The Pork Company in Warsaw, NC; and Working H Meats in Friendsville, MD.

In theory, the economic consequences of a plant being suspended should serve as a deterrent to future offenses. Unfortunately, that is not always the case, since plants—particularly large ones—are typically shut down for only a short period of time, often less than one day.

Other key findings in AWI’s report:

• Federal humane slaughter enforcement has remained relatively stable, while state enforcement continues to rise, but the level varies dramatically by state. For instance, 10 of the 29 states operating meat inspection programs issued no plant suspensions for humane slaughter violations from 2019 through 2022, while two states (Ohio and Wisconsin) issued more than a dozen suspensions. Alabama has not provided state enforcement records to AWI over the past decade.
• “Custom-exempt” plants, which kill and process animals for personal noncommercial use, are essentially excused from regular federal and state inspection. In fact, years may go by without a custom plant’s slaughter operations being observed for compliance with humane handling and slaughter requirements. In one example from 2020, an inspector at the custom Sanchez Slaughterhouse in Hawai’i documented a large hog being shot five time before the animal was rendered unconscious for slaughter. After each unsuccessful attempt, the worker prolonged the animal’s pain by leaving the stunning area to retrieve another cartridge from a nearby vehicle. The worker commented to the inspector: “It’s custom, guy. No need to worry about it.” The plant was issued a notice of suspension by the USDA, but the incident reveals a lack of worker knowledge about humane handling requirements.
• Similarly, federal and state inspection personnel continue to demonstrate unfamiliarity with the federal humane slaughter directive, as evidenced by their failure to consistently take appropriate enforcement actions (e.g., merely engaging in nonregulatory discussions with plants over federal humane slaughter violations).

Among AWI’s recommendations:

• The USDA should revise the federal humane slaughter regulations, such as by requiring that all animal stunning devices be routinely tested, workers be formally trained in humane handling and slaughter, and functional backup stunning devices be available.
• To hold repeat offenders properly accountable, the USDA should establish a policy of escalating penalties, including longer suspension periods.
• The USDA and state departments of agriculture should cooperate with state and local law enforcement agencies in pursuing criminal animal cruelty charges for incidents of willful animal abuse.