CRIMES WITHOUT CONSEQUENCES - gpvec

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is withdrawn a closed plant must reapply for inspection. 158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infractions since 1998, 15 have been sold, have withdrawn from federal inspection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.
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