(a) When a PMI or Department inspector observes an incident of inhumane slaughter or handling in connection with slaughter, they shall notify the poultry slaughter establishment management, or his or her designated representative, of the incident and request immediate corrective action. If the establishment management fails to promptly take corrective action, the inspector shall follow the procedures specified in subsections (b), (c), or (d) of this section, as appropriate.

(b) If the cause of inhumane treatment is the result of facility deficiencies, disrepair, or equipment breakdown, the inspector shall discontinue slaughter operations until the deficiencies have been corrected. The inspector shall attach a tag rejecting the equipment (State of California Rejected/Retained Tag) thereto. No equipment, cage, pen or compartment so tagged shall be used until such equipment is made acceptable to the PMI or Department-inspector. All poultry slaughtered prior to such tagging may be dressed, processed, or prepared under inspection. Upon correcting the deficiency, the establishment may request reinspection of the equipment for release. If corrected deficiencies are satisfactory to the inspector, slaughter operations may be commenced. If release is denied on reinspection, the poultry slaughter establishment may appeal to the Branch Chief, Meat, Poultry and Egg Safety Branch, for resolution of the matter.

(c) If the cause of inhumane treatment is the result of establishment employee actions in the handling or moving of poultry, the PMI or Department inspector shall attach a “State of California Rejected/Retained Tag” to the cage or cages in the stunning or killing area. After tagging, no more poultry shall be stunned or killed until the problem has been corrected. Establishment management shall be informed immediately by the PMI or Department inspector. The tag shall not be removed by anyone other than a PMI or Department inspector. All corrective actions shall be immediate. All poultry slaughtered prior to the tagging may be dressed, processed, or prepared under inspection.

(d) If the cause of inhumane treatment is the result of improper stunning, the PMI or Department inspector shall attach a “State of California Rejected/Retained Tag” to the stunning area. All slaughter operations shall be discontinued until the appropriate corrective actions have been taken. Upon satisfactory completion of corrective actions, the PMI or Department inspector shall remove the “State of California Rejected/Retained Tag” allowing the plant to resume operations. Management is responsible for ensuring that such infractions do not recur. The tag shall not be removed by anyone other than a PMI or Department inspector. All poultry slaughtered prior to such tagging may be dressed, processed, or prepared under inspection. Upon correcting the deficiency, the establishment may request reinspection of the equipment for release. If release is denied on reinspection, the poultry slaughter establishment may appeal to the Branch Chief, Meat, Poultry and Egg Safety Branch, for resolution of the matter.

(e) Failure to comply with these regulations shall provide grounds for suspension, revocation of the PMI license, or suspension, or revocation of plant license and withdrawal of inspection by the Secretary of the Department of Food and Agriculture or his representative after notice and opportunity for hearing.