CRIMES WITHOUT CONSEQUENCES - gpvec
CRIMES WITHOUT CONSEQUENCES - gpvec CRIMES WITHOUT CONSEQUENCES - gpvec
enforCement of federal laW in u.s. Plants To determine the type of humane violations prompting issuance of NOIE and suspensions, requests were submitted for plant NRs filed in association with these enforcement actions. Documents were received and reviewed for all NOIE and approximately half of suspensions issued for humane violations from 1998 through 2006. (Appendix C offers case studies of establishments receiving enforcement actions for humane handling/slaughter during this period.) It might be expected that NOIEs are more commonly issued for humane handling violations, and suspensions used in response to the more serious humane slaughter violations. It was found that humane handling infractions were, in fact, more frequently the cause of NOIE issuance, but violations of the humane handling rules and violations of humane slaughter rules were the cause of an equal number of suspensions (Table 15). Notes Table 15. Federal Suspensions by Type of Violation 1998 to 2006 51 NOIE Suspensions # % # % Humane handling 5 50.0 16 27.1 Humane slaughter 2 20.0 17 28.8 both 3 30.0 3 5.1 Not known a 0 0.0 23 39.0 Total 10 ---- 59 ---- a Enforcement records not available at time of the writing of this report. Table 16 shows the number and percent of suspensions for inhumane slaughter by plant size. During the time period studied large and small plants had a disproportionate percentage of the total number of suspensions, while very small plants had fewer suspensions than would be expected given the number of U.S. plants in the “very small” size category. There are several possible explanations for this finding, including that inspectors in very small plants are less likely to observe or report humane incidents or that supervisory personnel in FSIS district offices are less likely to take action against very small plants. It does not necessarily indicate that animals slaughtered in the smallest U.S. plants are more humanely treated than animals in larger plants.
Crimes Without ConsequenCes Table 16. Federal Suspensions by Plant Size Total federal plants a Plant suspensions b Plant size c # % # % Very small 599 65.3 26 32.5 Small 247 27.0 43 53.8 Large 71 7.7 11 13.8 Total 918* ---- 80 ---- Notes a Source of plant numbers by size: GAO, Humane Methods of Slaughter Act, GAO-04-247, January 2004. b Includes NOIE. c The USDA defines “very small” plants as fewer than 10 employees or annual sales of less than $2.5 million, “small” plants as 10 to 500 employees and “large” plants as those with more than 500 employees. *FSIS did not provide size information for one plant, so the total number of plants under the three size categories does not equal 918. The FSIS may also issue letters of warning for “minor” humane handling or slaughter violations that are not referred to U.S. Attorneys for prosecution, or when a U.S. Attorney declines to bring an action against a slaughter establishment. These letters are generally issued to close out a file on a recent violation and warn the involved individual and/or business that the FSIS may seek criminal action for continued violations. 157 5.4 Withdrawal of Inspection In cases of repeated humane handling/slaughter noncompliance FSIS may file a complaint with the USDA hearing clerk to withdraw federal inspection from a plant. The plant may contest the withdrawal by requesting a hearing before an administrative law judge. The action may be resolved by FSIS and the plant entering into a consent decision that allows the plant to operate under certain specified conditions. If inspection is withdrawn a closed plant must reapply for inspection. 158 Of the 61 U.S. plants receiving a NOIE and/or suspension of inspection for humane infractions since 1998, 15 have been sold, have withdrawn from federal inspection 157 Quarterly Enforcement Report, p. 13. 158 Quarterly Enforcement Report, p. 16. 52
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enforCement of federal laW in u.s. Plants<br />
To determine the type of humane violations prompting issuance of NOIE and<br />
suspensions, requests were submitted for plant NRs filed in association with these<br />
enforcement actions. Documents were received and reviewed for all NOIE and<br />
approximately half of suspensions issued for humane violations from 1998 through<br />
2006. (Appendix C offers case studies of establishments receiving enforcement actions<br />
for humane handling/slaughter during this period.) It might be expected that NOIEs are<br />
more commonly issued for humane handling violations, and suspensions used in response<br />
to the more serious humane slaughter violations. It was found that humane handling<br />
infractions were, in fact, more frequently the cause of NOIE issuance, but violations of<br />
the humane handling rules and violations of humane slaughter rules were the cause of an<br />
equal number of suspensions (Table 15).<br />
Notes<br />
Table 15. Federal Suspensions by Type of Violation<br />
1998 to 2006<br />
51<br />
NOIE Suspensions<br />
# % # %<br />
Humane handling 5 50.0 16 27.1<br />
Humane slaughter 2 20.0 17 28.8<br />
both 3 30.0 3 5.1<br />
Not known a 0 0.0 23 39.0<br />
Total 10 ---- 59 ----<br />
a Enforcement records not available at time of the writing of this report.<br />
Table 16 shows the number and percent of suspensions for inhumane slaughter by<br />
plant size. During the time period studied large and small plants had a disproportionate<br />
percentage of the total number of suspensions, while very small plants had fewer<br />
suspensions than would be expected given the number of U.S. plants in the “very small”<br />
size category. There are several possible explanations for this finding, including that<br />
inspectors in very small plants are less likely to observe or report humane incidents or<br />
that supervisory personnel in FSIS district offices are less likely to take action against<br />
very small plants. It does not necessarily indicate that animals slaughtered in the smallest<br />
U.S. plants are more humanely treated than animals in larger plants.