August 3, 2015 Evan Verbrugge Rock County Sheriffs Office 1000 N Blue Mound Ave., PO Box 613 Luverne, Minnesota 56156 T: 507-283-5000 E: evan.verbrugge@co.rock.mn.us VIA: EMAIL Re: Petition for Investigation and Enforcement of Minnesota Cruelty to Animals Act at Christensen Farms Dear Sheriff Verbrugge: I am writing to direct your attention to recent conduct in Luverne, Minnesota, witnessed and documented by a representative for Last Chance for Animals (LCA), which constitutes violations of Minnesota Cruelty to Animals Act 343.20-343.37. As detailed in the complaint, Petitioners request that your office investigate and commence enforcement against Christensen Farms' management and employees for the mistreatment of animals in violation of Minn. Stat. Ann. 343.21 (West 2015). Please send any communications regarding this complaint to my attention:Last Chance for Animals C/O Zeynep Graves 8949 W. Sunset Blvd. 3rd Fl Los Angeles, CA 90069 T: 310.745.7176 E: zeynepg@lcanimal.org Respectfully submitted, Zeynep Graves, Esq. Last Chance for Animals Zeynep GravesI.INTRODUCTION From March 30, 2015 to July 30, 2015, LCA initiated a survey of Christensen Farms Barn C-12 ("Christensen Farms"), a breed-to-wean facility, located at 1648 50th Ave., Luverne, Minnesota 56156. An LCA witness documented an ongoing pattern of animal cruelty and neglect while employed by Christensen Farms. LCAs investigative findings, consisting of daily observations with detailed written reports as well as extensive video documentation, are summarized in this complaint.The evidence indicates a pattern of cruelty and neglect by Christensen Farms farm manager, Jeff Moser, and employees. Sows with severe injuries are forced to walk various distances, sometimes dragging their exposed internal organs along the ground, before being euthanized. Workers punch, kick, prod and strike sows out of frustration. Improper medical treatments and failure to promptly euthanize pigs suffering from debilitating illness and injuries typically results in a slow deterioration pigs health until death. The attached industry guidelines unequivocally show that the conduct documented herein falls far below the parameters of usual and accepted animal husbandry standards and is willfully cruel and neglectful. The conduct of Christensen Farms manger and employees evidences clear incidents of poor farm management and animal mistreatment, revealing callous indifference to the pain and suffering experienced by animals under their care and a complete disregard for animal welfare. Enclosed are declarations provided by the LCA witness and edited video footage that contains examples of violations of Minnesota law. The LCA witness is available to assist your office upon request and at your convenience.LCA respectfully requests that the Rock County law enforcement promptly investigate the allegations described herein against farm manager Jeff Moser and employees Rodney (aka "Rod") Kuehl, Tanner Vander Waal, Jamie Davis, and Kayla Humphrey for their mistreatment of animals and indifference to Minnesota animal cruelty laws. The Association of Prosecuting Attorneys Statement of Principals state that "[a]nimal cruelty, both active and passive, is a crime of violence, and as such requires a prosecutor's full attention."1 We are confident that you will share our concerns about the abuse of animals and will help stop these practices by holding the culpable parties responsible for their violations of state law.The criminal acts by Christensen Farms' manager and its employees are detailed below.

1 Animal Cruelty, Association of Prosecuting Attorneys, http://www.apainc.org/programs/animal-cruelty/ 3 II.MINNESOTA LAW A.MINN. STAT. ANN. 343.21 Mistreating Animals Minn. Stat. Ann. 343.21 (West 2015) provides in relevant part: 2 Subdiv.1.Torture-Nopersonshalloverdrive,overload,torture,cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruellyworkanyanimalwhenitisunfitforlabor,whetheritbelongsto that person or to another person.Subdiv. 2. Nourishment; shelter - No person shall deprive any animal over whichthepersonhaschargeorcontrolofnecessaryfood,water,or shelter. ... Subdiv.7.Cruelty.-Nopersonshallwillfullyinstigateorinanyway furtheranyactofcrueltytoanyanimaloranimals,oranyacttendingto produce cruelty to animals.Acts of "torture" and "cruelty" are defined as "every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death."3 Animal is broadly defined as "every living creature except members of the human race."4

Although neglect resulting in animal mistreatment is an offense in violation of Minn. Stat. Ann. 343.21, subdiv. 1, neglect is not specifically defined in the Minnesota Cruelty to Animals Act. In the absence of a definition, statutory language should be construed according to common and approved usage.In the context of vulnerable adults, neglect is defined in Minn. Stat. 626.5572 as: (a)Thefailureoromissionbyacaregivertosupplyavulnerableadult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is: (1) reasonable and necessary to obtain ormaintainthevulnerableadult'sphysicalormentalhealthorsafety, consideringthephysicalandmentalcapacityordysfunctionofthe vulnerableadult;and(2)whichisnottheresultofanaccidentor therapeutic conduct. In the animal cruelty context, North Dakota defines neglect as:thefailuretoprovide:(a)foodandwater...;(b)minimalprotectionfrom adverseweatherconditions,asappropriateforthespeciesandthebreed;

2 See Ex. A. 3 Ex. A, Minn. Stat. 343.20, subdiv. 3. 4 Ex. A, Minn. Stat. 343.20, subdiv. 2.4 and (c) Medical attention in the event of an injury or illness, as appropriate for the species and the breed.5

In Iowa, someone commits the offense of livestock neglect if they do any of the following:(a) Fails to provide livestock with care consistent with customary animal husbandry practices; (b) deprives livestock of necessary sustenance. (c) Injures or destroys livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.6

The above definitions have three common elements: (1) a failure to provide; (2) necessary sustenance (including food and water); and (3) appropriate care, including medical or veterinary care. In accordance with the above analysis, the prohibition on neglecting an animal in Minnesota arguably includes the failure to provide necessary sustenance and appropriate care, including veterinary care.Animal mistreatment by torture or neglect, in violation of 343.21, subdiv. 1, and mistreatment by deprivation, in violation of 343.21, subdiv. 2, are arguably strict liability offenses.7 Animal mistreatment by cruelty, in violation of Minn. Stat. 343.21, subdiv. 7, requires proof that that the violator willfully acted, failed to act or neglected to act on behalf of an animal in a manner that caused unnecessary or unjustifiable pain or suffering. In misdemeanor statutes, the term willfully denotes an intentional, as opposed to accidental, act.8 The Minnesota Court of Appeals states that an act is willful if:itisnegligentandsofarfromaproperstateofmindthatitistreatedin many respects as if it were so intended. A person has acted willfully if that actorhasintentionallydoneanactofanunreasonablecharacterin disregard of a known or obvious risk that is so great as to make it highly probable that harm would follow, and which thus is usually accompanied by a conscious indifference to the consequences.9 There are no exemptions to Minnesota's animal cruelty laws. Accordingly, the Minnesota Cruelty to Animals Act directly applies to the numerous offenses detailed below and included in the attached evidence. These offenses constitute misdemeanors and gross misdemeanors under Minnesota law:

5 ND ST 36-21.2-01. 6 Iowa Code 717.2. 7 See Ex. B, State v. Crume, WL 1182474 (Minn. Ct. App. 2000) (rejecting the defendant's claim that a culpable negligence element should be read into the statute).8 Ex. B, State v. Schramel, 581 N.W.2d 400 (Minn. Ct. App. 1998). 9 Ex. B, State v. Dokken, Unpub. LEXIS 828 (2013 Minn. Ct. App. 2013), citing State. v. Cyrette, 636 N.W.2d 343, 348 (Minn. Ct. App. 2001) (internal citations omitted).5 Exceptasotherwiseprovidedinthissubdivision,apersonwhofailsto complywithanyprovisionofthissectionisguiltyofamisdemeanor.A person convicted of a second or subsequent violation of subdivision 1 or 7 within five years of a previous violation of subdivision 1 or 7 is guilty of a gross misdemeanor.10

III.VIOLATIONS OF MINNESOTA CRUELTY TO ANIMALS ACT A.Animal Mistreatment by Cruelty at Christensen Farms The following section outlines a number of willful acts of cruelty, in violation of Minn. Stat. Ann. 343.21, subd. 7. These acts include: workers forcing sows with severe injuries to walk before being euthanized; workers kicking, punching and striking pigs; a worker admitting to anally penetrating a sow with a gate rod; workers dragging sows by their ears and snout; and workers failing to properly euthanize piglets. 1.Workers force sows with severe injuries to walk before being euthanized When a decision is made to euthanize a pig, proper procedure at Christensen Farms is to carry out the euthanasia immediately.11 This protocol reflects the principles outlined in the National Pork Board's Swine Care Handbook, which defines euthanasia as "a humane death occurring without pain or distress" with a goal of causing a quick and painless death.12 In order to minimize pain and distress, standard protocol necessitates that animals suffering from a severe injury be euthanized where they are found. Examples of severe injuries in pigs include broken bones, bleeding gashes or deep, visible cuts, pressure sores, and prolapses "larger than a baseball or dark in color and necrotic. 13 Instead of following proper euthanasia procedures, Christensen Farms employees force sows with large bleeding prolapses and other severe injuries to walk multiple yards before euthanizing them in order to minimize the distance workers have to transport the carcass after death. The LCA witness describes one of these incidents: Whilemovingsowssomeoneinfarrowingnoticedasowwitharectal prolapseandcametoRodandaskedthatweeuthanizeit.Rodsaidthat we should move her to the loading ramp before euthanizing her because it

10 Ex. A, Minn. Stat. 343.21, subdiv. 9(a). 11 Ex. C, LCA Witness Statement 03-30-15 ("One(1) sow was euthanized with a captive bolt gun. The sow was not moved before euthanasia. It is policy that when a decision is made to euthanize a pig the euthanasia must be carried out immediately."). 12 Ex. D, National Pork Board, Swine Care Handbook, 31 (2003), www.pork.org/pqa-plus-certification/program-materials/. 13 Ex. E, Temple Grandin, Recommended Animal Handling Guidelines and Audit Guide: A Systematic Approach to Animal Welfare, 42 (AMI Foundation, 2013), http://www.animalhandling.org/ht/d/sp/i/26752/pid/26752. 6 wouldbealotofworktousethedeadscart.Hewenttothemostsenior personatworktodaywhowasKaylaHumphrey,sheisthefarrowing manager,shehas10+yearsofexperience.Kaylasaidmakingherwalk wouldbefine.Theprolapsewasabout10indiameterandabout18 long,ittouchedthefloorwhileshewalkedleavingatrailofblood.Rod had to push and kick her to keep her walking. He asked why I did not help more, I told him I didn't think what we were doing was correct. He said it wasfine.Whenwegottothetopoftheloadingramp,about3feetfrom the exit door he had me snare her upper jaw and he used the captive bolt pistol to euthanize her.14 The willful act of moving sows with large bleeding prolapses and swollen leg injuries, cause them extreme unnecessary pain and suffering in violation of Minn. Stat. 343.21 subiv. 7. Specific instances of Christensen Farms employees forcing sows with severe injuries to relocate before being euthanized are as follows:Clips MAH06579, MAH06580, MAH06581: show Tanner Vander Waal forcing sow PID# 965162 with a grossly swollen foot to walk before being euthanized. The stress of walking causes the foot to rupture and bleed profusely. The witness states, Tanner moves the sow into the farrowing hallway, the sows swollen leg begins bleeding. Tanner sees the large amount of blood and decides to shoot her where she is now. We have moved her about 30 meters. Tanner has me snare the sow, then he shoots her with the captive bolt pistol. Kayla and Rod gather around as the sow dies, she takes about 3 minutes to fall still. BEFORE she stops moving Rod drives the dead cart over her still moving body, Tanner catches the dead cart on the other side.15 Clips MAH05232, MAH05236: show the discovery of a sow with a vaginal prolapse and conversations regarding moving the sow. The witness, who observed the incident, states, "One of these sows had a vaginal prolapse. It was about 10 long and about 6 in diameter. I was not present for the euthanazia of this sow. However, I asked Tanner who had euthanized the sow and he told me that himself and Jamie Davis did. He said they walked her to the end of the loading ramp and shot her with the captive bolt pistol. He said that while it was dying it shook and kicked and tore open it's vaginal prolapse."16 Clips MAH05293 - MAH05295: show Rodney Kuehl forcefully moving a lame sow with a large bleeding prolapse. The witness states, I noticed a sow in Pen 4B in the South Barn had a prolapsed anus. I told Rod about the prolapse, he said I should shoot it. I told him I have never done this [H]e said I should try to move her out of her pen. I opened the pen and tapped on her back with my fingers, she would not stand and instead dragged her rear

14 Ex. C, LCA Witness Statement 04-17-15. 15 Ex. C, LCA Witness Statement 07-22-15. 16 Ex. C, LCA Witness Statement 04-17-15. 7 end, her prolapse was leaving a trail of blood as she moved. She moved about 10 feet before I went to get Rod to see what he wanted to do. He poked her in the back using the back of a pen, and kicked her along with his boots. She went about another 40 feet reaching the med hallway which is between the breeding barns."17 Clip MAH05383: shows a sow with a large bleeding prolapse being euthanized after she was forced to walk approximately 100-150 feet. The witness, who observed the incident, states:"A sow prolapsed during labor last night as reported to me by Kayla Humphry. Tanner and I found the sow who had been moved from room 6 where she was found with the prolapse to the hallway outside of room 2, there was a trail of blood splatter down the hallway. Tanner used the captive bolt pistol to shoot the sow twice."18 Clips MAH05628, MAH05630: show Tanner Vander Waal forcing a sow with a large bleeding prolapse to exit her crate. The witness, who observed this incident, states, "While moving the boars with the boar-bot for Tanner I find sow PID# 965663 AID# 27401 who is the sow a couple weeks ago whose genitals looked deformed so I wrote on her card watch for prolapse. When I found her she had a vaginal prolapse about 4 in diameter and about 14 extended. ... Tanner and I go to the crate where the sow with the prolapse is laying down, after Tanner removes the front gate she stands up on her front legs, her hind still on the ground. Tanner uses his open palm to slap her back until she stands and exits the crate. Once the sow is out of the crate Tanner walks toward the center of the barn where I left the pistol, the sow walks on her own about halfway from her crate near the end of her row to the center of the barn, aprox. 50 feet. I follow well behind. The sow leaves a trail of droplets of blood, part of her inside that are protruding out have a large cut and she is bleeding. Tanner snares her by the top of her mouth, he has forgotten to load the pistol so I take the snair while he loads the pistol. The sow is in great distress the moment she is snared until she is shot. Tanner says aloud, I didnt think it through that well, but (sic).19

Forcing sows with large bleeding prolapses to drag their expelled organs various distances, as well as forcing a sow with a severely swollen leg to walk, are willful acts which cause unnecessary pain and suffering. Accordingly, Tanner Vader Waal, Jamie Davis, Rodney Kuehl and Hayla Humphrey are all guilty of causing unnecessary pain and suffering, in violation of Minn. Stat. 343.21, subdiv. 7.2.Workers willfully kick, punch and strike pigs Under no circumstances is it acceptable for workers to resort to violent acts to move animals. According to the American Meat Institute Animal Welfare Committee

17 Ex. C, LCA Witness Statement 05-03-15. 18 Ex. C, LCA Witness Statement 05-20-15. 19 Ex. C, LCA Witness Statement 06-17-15.8 "[w]illful acts of abuse include... hitting or beating an animal" and can never be tolerated.20 Employees at Christensen Farms were documented kicking, punching, prodding and striking pigs with metal gate rods. Physical abuse, including kicking, punching and striking animals with gate rods, causes animals obvious pain and suffering.21 These are intentional acts of cruelty where the workers are knowingly hurting the sows by repeatedly striking the sows with objects and/or their own bodies. These incidents, described in detail below, are willful acts, which cause unnecessary and unjustifiable pain and suffering to the pigs, in violation of Minn. Stat. Ann 343.21, subdiv. 7. Specific instances of Christensen Farms employees kicking, punching and striking pigs can be found in the following examples:The LCA witness states, "A gilt who was being stubborn on her way to farrowing was kicked in the vagina by Jamie Davis. She laughed when she did this and said that it ...always gets them moving to give 'em a good kick"22 The LCA witness states, " a very stubborn Gilt who was inexperienced with the moving process turned around before entering her crate and ran back toward Rod. The gilt hit Rod's knee pretty hard and she pushed him out of the way trying to get past. The upset Rod greatly and he through his sort board across a couple rows of crates, then he chased down the gilt and kicked it many times with great force in the vagina."23 The LCA witness describes multiple incidents where employees mistreated multiple sows while moving them out of farrowing. The witness, who observed these incidents, states, "The next sow that refused to move forward was kicked and punched by Tanner Vander Waal, the sow became more terrified as the attacks increased in force. ... As we continued to have sows not wanting to move forward other methods were used such as Tanner using the back of a pen to stab into their backs, this was done forcefully enough to cause red scratch marks, when the sows were very near their crates Jamie and Tanner would use the gate rods to poke into their backs and sides to attempt to jab them into moving forward.24

20 Ex. E, Recommended Animal Handling Guidelines & Audit Guide, supra note 13, at 44; See also Ex. D, Swine Care Handbook, supra note 12 (according to the Pork Producer Code of Practice, management and husbandry practices for good swine care include "zero tolerance for mistreatment of swine"). 21 Ex. F, Temple Grandin, The Importance of Measurement To Improve the Welfare of Livestock, Poultry and Fish, in Improving Animal Welfare: A Practical Approach, Table 1.2 (CABI Publishing, 2010), http://www.grandin.com/importance.measurement.improve.welfare.html. 22 Ex. C, LCA Witness Statement 04-03-15. 23 Ex. C, LCA Witness Statement 04-13-15. 24 Ex. C, LCA Witness Statement 04-28-15. 9 Clip MAH06673: shows Kayla Humphrey stabbing a lame sow with a pen, forcing her to drag herself down the farrowing hallway. Deep bleeding welts are visible across the sows back. The witness states, Kayla moves Sow PID# 925279 AID# 89318 , down the hallway from farrowing room 6 to iso. The sow is unable to stand on her back legs. I lift the sows back end and she will not use her legs. Terina asks Kayla if she is putting the sow down, and Kayla says no. Kayla uses her pen to jab the sows back, this leaves red lines on the sows skin Terina tries to lift the sows back end. Same result as before the sow does not use her back legs. Terina asks me to go get a lead rope. When I return Terina gets the rope under the sow and we attempt to lift the sows back end, Kayla constitutes to jab the sow in the back with her pen, the sow moves forward about 20 feet before we give up. I suggest that maybe the rope is too thin and we should not try again, the sows rear legs are shaking, Terina says this is not because of the rope, her legs were shaking when we started. Terina removes the rope from the sow, then Kayla tells me to tell Tanner the he must shoot the sow.25 Clip MAH05791: shows Rodney Kuehl and Jamie Davis kicking and slapping a downed sow. The LCA witness states, "Rod and Jamie team together to hit and kick a downed sow out of her crate, the sow screams loudly and louder when she gets her leg caught between the feeder spout and the feeding trough.26 Clips MAH05800, MAH05802: The LCA witness states, "today there is a sow who [] will not go around the last corner before farrowing so is effectively stuck in the med hallway. Jamie first tries to move the sow by pulling out hair, then a lot of slapping, then she tries brute force, then Rod reaches in a[nd] stabs the sow with his pen, and the sow moves."27

Clips MAH05889, MAH05890: The LCA witness states, "Tanner uses his knees against the sows hind, and his arms outstretched next to the sow, hands grasped on the rails of the crates on either side, and in a rowboat like action he uses his whole body to force the sow a foot or two ahead. After a couple minutes of this he becomes very frustrated and the sow becomes very fatigued from fighting the forward movement, and lays down. This sets off Tanner who begins violently punching the sow in the back with his left hand balled into a fist, he punches the sow four times in rapid succession pulling his fist behind his shoulder between each blow. During this he screams at the sow Get the fuck up! After a few moments the sow has recovered her strength and begins backing up, overpowering Tanner for a moment, he hits her with both hands, then returns to his rowboat technique, he screams at the sow again "[inaudible]...not a fucking option!" After resting for awhile Tanner gives up on moving her forward and tries to move her backward. He start by slapping

25 Ex. C, LCA Witness Statement 07-26-15. 26 Ex. C, LCA Witness Statement 06-26-15. 27 Id. 10 her face with his hand, after this does not work he grabs a gate rod and jabs her in the neck and side then her back. This also does not start the sow moving.28 Kicking, punching, jabbing and striking pigs constitute willful acts that cause unnecessary pain and suffering to animals, in violation of Minn. Stat. 343.21, subdiv. 7. Therefore, Christensen Farms employees, Rodney Kuehl, Tanner Vander Waal, Jamie Davis and Kayla Humphrey are guilty of multiple violations of Minn. Stat. 343.21, subdiv. 7. 3.Worker admits to anally penetrating sow with gate rod Penetrating an animal in sensitive areas such as they eyes, anus or mouth is an abusive practice that causes obvious suffering.29 In a conversation about the medical treatment of a sow, a senior Christensen Farms employee, Rodney Kuehl, informs the LCA witness that he used a gate rod to remove feces out of a live sow's bowels. Anally penetrating a sow with a metal gate rod is a willful act, which causes unnecessary and unjustifiable pain and suffering to the sow, in violation of Minn. Stat. 343.21, subdiv. 7. A conversation regarding this incident can be found in the following clip: Clip MAH05555: The LCA witness states, "Rod and I went through what treatments to give out today, he talked about a sow who needed to be given 15 or so cc of mineral oil orally, he said she was backed up very tightly and he ...used a gate rod to loosen things up..." 30 The inhumane and brutal act of anally penetrating a sow with a gate rod is a willful act, which causes unnecessary pain and suffering to an animal. Accordingly, Christensen Farms employee Rodney Kuehl is guilty of violating Minn. Stat. 343.21, subdiv. 7. 4.Workers willfully drag sows by their snout and ears Dragging an animal is a prohibited handling practice that causes obvious suffering.31 Christensen Farms employee, Tanner Vander Waal, was documented snaring a sow and then dragging the snared sow by her snout down a hallway. Although using a snare is common practice when euthanizing an animal, dragging a snared sow by her snout is not. Employees Rod Kuehl and Tanner Vander Waal were also documented pulling sows by their ears, in an attempt to get them out of their gestation and farrowing

28 Ex. C, LCA Witness Statement 06-30-15. 29 Ex. F, The Importance of Measurement To Improve the Welfare of Livestock, Poultry and Fish, supra note 21, at Table 1.2. 30 Ex. C, LCA Witness Statement 06-13-15. 31 Ex. F, The Importance of Measurement To Improve the Welfare of Livestock, Poultry and Fish, supra note 21, at Table 1.2.11 crates respectfully. Pulling a sow out of their crate by their ears is also a prohibited practice.32 Pulling and dragging a sow by her ears and/or snout are willful acts, which cause unnecessary and unjustifiable pain and suffering to sows, in violation of Minn. Stat. 343.21, subdiv. 7. According to industry professionals, pigs will vocalize when something causes them pain or fear.33 The sows screams and squeals are blatant indicators that the sows are in extreme fear and are unnecessarily suffering while they are being dragged.These specific incidents are detailed below: Clip MAH05751: shows Tanner Vander Waal snaring sow PID 975886 and then dragging her a few feet down the loading ramp towards the door. The sow screams loudly. Clip MAH06009: shows Rodney Kuehl pulling a downed sow out of her gestation crate by her ear. The sow's screams become louder as he continues to pull. The LCA witness states, "Rod finds a sow (PID #963162) who has been down for awhile and decides to move her to a pen, he does this by opening her crate and trying to lift her head by her ear, he pulls very hard, the skin stretches farther than I could have imagined it would. Eventually the sow pushes her way out of her crate without standing up, her left rear leg is very swollen from the knee to the hoof. Once she is out of her crate Rod grabs her by the tail and pulls her up, the sow stands on three feet holding her swollen leg in the air and hopping. When she reaches the pen she stands in place on three legs, her swollen leg is trembling and it makes her whole body shake."34

Clip MAH06255: The LCA witness states, "Tanner's next action is to pull the sow by her left ear. He pulls very hard stretching her ear and face skin. The sow screams loudly and her pitch changes after his second attempt. Tressa and Tanner work together to get the sow back into the isle, after this Tanner returns to unloading another sow, he hits her with a gate rod also."35 Dragging animals by sensitive body parts, including their snout and ears, are willful acts which cause unnecessary pain and suffering. Accordingly, Christensen Farms employees Tanner Vander Waal and Rodney Kuehl are guilty of violating Minn. Stat. 343.21, subdiv. 7.

32 Ex. G, National Farm Animal Care Council, Code of Practice For the Care and Handling of Pigs, 30 (2014), http://www.nfacc.ca/pdfs/codes/pig_code_of_practice.pdf . 33 Ex. E, Recommended Animal Handling Guidelines & Audit Guide, supra note 13, at 24. 34 Ex. C, LCA Witness Statement 07-02-15. 35 Ex. C, LCA Witness Statement 07-10-15.12 5.Workers fail to properly euthanize piglets i.Failure to promptly euthanize piglets in critical condition Piglets suffering from life threatening injuries are routinely left to suffer for prolonged periods before they are euthanized at Christensen Farms. This practice violates both company policy and the principles outlined in the National Pork Boards Swine Care Handbook.36 Once a piglet in critical condition is discovered, Christensen Farms employees typically set the piglet aside for several hours before the piglet is transported to a vessel where they are eventually euthanized by carbon dioxide (CO2) inhalation. Failure to promptly euthanize piglets suffering from life threatening injuries constitutes cruelty by omission, which causes unnecessary and unjustifiable pain and suffering in violation of Minn. Stat. 343.21, subdiv. 7. A specific incident where a Christensen Farms employee failed to promptly euthanize a piglet in critical condition is described below:Clips GOPR067, MAH06680: In the following clips, a piglet was left to suffer for over 2.5 hours, after its organs were expelled through a castration incision. The LCA Witness states, I notice a piglet laying in front of the crates in room 9 where Kayla and Terina are still processing piglets. The piglet is alive and responsive. The piglets intestines have come out of the cut made during castration. Instead of being euthanized the piglet was just set out of the crate onto the concrete. After collecting the feedback I return to check on the piglet, it is standing now with his intestines hanging outside of his body. AFTER Kayla and Terina finish processing Kayla picks up the piglet as she leaves the room. I ask Kayla if the piglets wound is from being cut to deep during castration. She explains to me that the piglet had an internal rupture to begin with, then flips the piglet upside to show me the injury. She says when they cut the piglet open for castration his intestines just came out. I follow Kayla as she walks to the CO2 chamber, when we arrive she opens the lid she notices the piglets that were put in for euthanasia earlier are still alive, Terina says oh, it is out (of CO2)[.] Kayla pulls out one dead piglets from the chamber and two live piglets. Now the piglet in her hand with whose intestines are outside of his body is beginning to bleed, his back end is smeared with blood.37 Failure to promptly euthanize a piglet whose internal organs are displaced outside of their body cavity through a castration incision causes extreme unnecessary and unjustifiable pain and suffering. Therefore, Christensen Farms employee Kayla Humphrey is guilty of violating Minn. Stat. 343.21, subdiv. 7.

36 These policies are described in detail above. See supraParts III. A. 1. 37 Ex. C, LCA Witness Statement 7-26-15. 13 ii.Failure to confirm death of piglets after euthanasia results in prolonged suffering According to the National Pork Board and the American Association of Swine Veterinarians, proper euthanasia procedure requires confirmation of death after any euthanasia method has been applied.38 Three minutes after euthanasia, it is proper procedure to check for the following vital signs: breathing, heartbeat, movement or muscle tone, response to painful stimulus, vocalization, and corneal reflex.39

Christensen Farms procedure for euthanizing piglets does not provide for a timely confirmation of death. In fact, piglets euthanized at the end of the day are not confirmed dead until the next day.After an employee starts a cycle with the CO2 controller, the employee is toreturntowork.Theconfirmationofdeathistotakeplaceatthe beginningoftheemployeesinteractionwiththeCO2chamber,thatis when the employee removes the piglets from the previous euthanasia cycle beforeenteringtheircurrentpigletstobeeuthanizedintothechamber. Thismeansthatconfirmationofeuthanasiaisdependentontherebeing anotherpiglettoplaceintothechamberatalatertime/date.Which logicallydeterminesthatEVERYDAYthelastpigletstobeenteredinto the chamber are not checked until the next days first euthanasia.40 On one occasion the LCA witness discovered live piglets in the CO2 vessel after the euthanasia by carbon dioxide inhalation cycle had run its course. By failing to provide for a timely confirmation of death, Christensen Farms procedure for euthanizing piglets leaves piglets suffering for prolonged periods, constituting cruelty by omission, which causes unnecessary and unjustifiable pain and suffering in violation of Minn. Stat. 343.21, subdiv. 7. This specific incident is detailed below: Clip MAH06680: The LCA witness states, "I follow Kayla as she walks to the CO2 chamber, when we arrive she opens the lid she notices the piglets that were put in for euthanasia earlier are still alive, Terina says oh, it is out (of CO2) Kayla pulls out one dead piglets from the chamber and two live piglets. I ask Kayla it ran out of CO2 in the middle of a cycle? Kayla says yes Terina explain the one dead piglet and the two live by saying the piglet that died was streppy and because he was laying down there was only enough CO2 to displace the oxygen below the standing piglets heads."41

38Ex. H, National Pork Board, On-Farm Euthanasia of Swine: Recommendations for the Producer, 15 (2008), https://www.aasv.org/aasv/documents/SwineEuthanasia.pdf. 39 Id.40 Ex. C, LCA Witness Statement "Euthanasia of Infant Piglets at barn C-12 Christensen Farms" 7-27-15. 41 Ex. C, LCA Witness Statement 7-26-15. 14 By failing to require a timely confirmation of death, Christensen Farms procedure for euthanizing piglets leaves piglets that have survived a CO2 cycle unnecessarily suffering for prolonged periods. Accordingly, barn manger Jeff Moser is guilty of violating Minn. Stat. 343.21, subdiv. 7. B.Animal Mistreatment by Neglect at Christensen FarmsChristensen Farms farm manager Jeff Moser is responsible for making on-farm euthanasia decisions, as well as overseeing all medical treatments, including the administration of antibiotics. Although senior employees have the authority to euthanize animals and initiate medical treatments, Jeff Moser retains primary responsibility for the care and treatment of all pigs in barn C-12.The following sections outline a number of incidents where sows suffering from major physical injuries, prolonged systemic illnesses, and other undiagnosed conditions compromising animal welfare were neglected by management at Christensen Farms. Failure to humanely euthanize, or provide necessary care and appropriate medical treatments, exacerbate the conditions of pigs, resulting in many sows becoming lame and in the prolonged unnecessary suffering of these animals. These sows were left to suffer for extended periods of time, sometimes as long as 10 weeks, while their health visibly deteriorated.The LCA witness documented sows suffering from leg injuries and systemic illnesses who became unable to walk to the feeders and rise to the water taps. On many occasions Jeff Moser declined to euthanize these sows leaving them to suffer until death. This practice is irreconcilable with the National Pork Boards guidelines, which state "that any pig that is unable to walk or that is ill and will not recover should be humanely euthanized on the farm....Where the likelihood of recovery is low, even with treatment, the pig should be euthanized." 42 On a few occasions grossly neglected sows were euthanized only when corporate representatives were scheduled visit the barns, indicating Jeff Mosers cognizance of the unacceptable physical condition of these sows.43 The cases described below constitute animal mistreatment by neglect, in violation of Minn. Stat. 343.21, subd. 1. These incidents also constitute willful acts of cruelty by omission or neglect in violation of Minn. Stat. 343.21, subd. 7, i.e. management omitted or neglected to act on behalf of a number of pigs described herein, in a manner that caused these animals unnecessary and unjustifiable pain and suffering.

42 Ex. D, Swine Care Handbook, supra note 12, at 6."# See e.g. Ex. C, LCA Witness Statement 6-25-15 (Later I see a middle aged male in the hallway between the breeding barns, later Tanner refers to him as our Agronomist and tells me that we are going to euthanize a couple of our worst looking sows because he is from our office in sleepy eye, MN."). See also LCA Witness Statement 05-31-15. 15 i.Neglect of sows with progressing prolapses According to the American Meat Institute Animal Welfare Committee, prolapses larger than a baseball are considered severe injuries, compromising the animal.44 Multiple sows at Christensen Farms suffer from large vaginal or rectal prolapses, all grossly exceeding the size of a baseball. During LCAs survey, the prolapsed sows never recovered or showed any signs of improved health. In all cases the sows conditions progressively worsened until the sows either died or were euthanized in an untimely manner. It was common practice at Christensen Farms to allow prolapses to progress until they either tore or became so large that internal organs dragged on the ground.Minnesota law demands the provision of adequate care for animals in ones custody. Failure to provide such care constitutes neglect. Severe injuries, such as large untreatable prolapses, necessitate prompt euthanization. Jeff Mosers failure to promptly euthanize sows suffering from untreatable prolapses constitutes animal mistreatment by neglect, in violation of Minn. Stat. 343.21, subd. 1. These incidents also constitute willful acts of cruelty by omission or neglect in violation of Minn. Stat. 343.21, subd. 7.The cases where Jeff Moser failed to promptly euthanize sows suffering from untreatable prolapses are outlined in detail below:Clip MAH05360 shows a prolapsed sow who was intentionally kept alive by Jeff Moser, because she was close to farrowing. When the LCA witness first encountered this sow, the witness noted, "At the start of today Jeff Moser showed me a sow Sow PID# 925179 in the South breeding barn that is beginning to prolapse. This is a vaginal prolapse, she is about 9 days from farrowing. Jeff does not want to euthanize her, so he asked that every couple of hours I check on her, get her to stand, and push on the area between her vaginal opening and anus that is beginning to bulge with enough force so that when I am done she looks normal for awhile again.."45 Two days later, the witness states, " I noticed is the prolapsed sow(Sow PID # 925179) from Friday looks much worse, her information card has written on it Watch Prolapse! This was written Friday by Jeff Moser our farm manager who does not want to euthanize this sow because she is about 7 days from farrowing as of today.46 Clip MAH05500: The LCA witness states,"Jeff euthanized a sow while I was scraping crates, which was while Jamie and Terina were moving sows. I ask him about this and he says he used a large knife to cut off the prolapse. This sow started to prolapse this weekend. Jamie said over the weekend her

44 Ex. E, Recommended Animal Handling Guidelines & Audit Guide, supra note 13, at 42 (Examples of severe injuries for pigs include broken legs, bleeding gashes or deep, visible cuts, prolapses (larger than a baseball or dark in color and necrotic), and body pressure sores."). 45 Ex. C, LCA Witness Statement 05-15-15 46 Ex. C, LCA Witness Statement 05-17-15. 16 and Tanner thought that the sow should be euthanized, but Terri called Jeff at home and had him 'ok' keeping the sow alive until Monday, The sow was euthanized on Tuesday(today)."47 Barn manager Jeff Mosers failure to euthanize sows with untreatable prolapses in a timely manner constitutes neglect, as well as cruelty by omission and neglect, causing unnecessary and unjustifiable pain and suffering to the sows in his care. Accordingly, Jeff Moser guilty of violating Minn. Stat. 343.21, subdivs. 1 & 7. 2.Failure to properly treat or euthanize lame sows with swollen legs and open lesions. A number of sows at Christensen Farms suffer from conditions that cause their rear legs to swell. Unable and unwilling to stand on their swollen hind legs, the legs develop lesions that quickly become infected. The injuries worsen because the sows constantly sit on their hind legs and because they drag their hind legs along the ground whenever they try to move. Christensen Farms provides these injured sows with various, incomplete and improper treatments that are obviously ineffective. Left suffering for prolonged periods, the health of these sows rapidly deteriorates as more sores develop and become infected. Large swellings and failure to properly treat obvious health problems are both considered severe welfare problems that cause obvious suffering.48 It is the position of the National Pork Board "that any pig that is unable to walk or that is ill and will not recover should be humanely euthanized on the farm....Where the likelihood of recovery is low, even with treatment, the pig should be euthanized." 49 Failure to give these sows adequate medical treatment, and/or euthanize these sows in a timely manner constitutes neglect in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also constitute cruelty by omission and neglect which causes unnecessary and unjustifiable pain and suffering to the sows in violation of Minn. Stat. 343.21, subdiv. 7. Specific instances of lame sows with swollen legs and open lesions are as follows: Sow PID 925705:Clips MAH05408, MAH05407, MAH05392, MAH05408: The LCA Witness states, "After dropping feed in the North breeding barn I walked the east side while Rod walked the west side. I found sow PID# 925705 AID#85540 was in very bad condition, both of her hind legs are swollen from the hoof to the top joint, midway up the leg. One of them was bloody and had an open wound. She had a history of incomplete treatments, when we give treatments they are

47 Ex. C, LCA Witness Statement 06-09-15.48 Ex. F, The Importance of Measurement To Improve the Welfare of Livestock, Poultry and Fish, supra note 21 at Table 1.2.49 Ex. D, Swine Care Handbook, supra note 12, at 6 17 to be given for 3 consecutive days, her complete treatment history is 919 Tylan Banamine, 920 Tylan, 921 Tylan, 929, Linco Dex, 946(Today) Linco Dex. ... I checked on Sow PID#925705 at the end of the day, On[e] of her swollen ankles has split open and pus was coming out, it was very solid and had the appearance of a thick white worm." 50 Sow PID 934303: The following clips show sow PID 934303 over the course of 7 weeks:Clip GOPR0439: The witness states, "I found sow PID# 934303 AID# 72169 Her hind legs are swollen below the knee first joint to the size of softballs, this is both hind legs. Her rear right leg has open bleeding sores on the swollen leg. She began treatment on 932, today is 949. Her first round of treatment was Tylan, this is what we give to pigs who are sick or off of feed. She must have been unable to get up but was keeping her legs underneath herself as she was when I found her, this appears to be to prevent them from further injury. On 938 she was given Linco and Dexamine, these are drugs we give to sows with leg problems, Linco is labeled use is for a bacteria that causes arthritis in the pigs joints. Dexamine is a steroid. 939 and 940 should have been days when this treatment was continued but it was not. Her next treatment was 942, again she was given Linco and Dex. Again linco should have been administered for the next two days 943 and 944, it was not. Her next treatment was today 949 as instructed by Rod Kuehl she was administered Linco 10cc. Her oldest recorded treatments are 854 Tylan; 879, 880, and 881 Linco."51 Clips GOPR0455, GOPR0476: The witness states, "I checked on the sow with swollen hind legs PID#934303. Her condition has not changed. There is puss coming from an open wound on her right hind leg. She will not stand on either of her hind legs even when I lift her back end entirely off of the ground.52 GOPR0513: The sow remains in her gestation crate. The LCA witness observes, "Sow PID#934303 with the swollen back legs does not appear to be making any recovery progress."53 Clips GOPR0634, GOPR0637 show sow PID 934303 on June 13th with swollen hind legs, bloody open sores on her ankles, and a developing sore on her backside. The sow sits on her back legs, dragging her backside along the ground as she struggles to move. Clip MAH05671 shows the sow on June 22, unable to stand. The witness notes, "Sow PID# 934303 AID# 92169 Swollen right ankle, with open wound on the right side of her hoof. Open wound on left ankle. Open wound on hip from dragging rear end on the floor. Treatment began (854)".54

50 Ex. C, LCA Witness Statement 05-25-15. 51 Ex. C, LCA Witness Statement 05-28-15. 52 Ex. C, LCA Witness Statement 05-30-15. 53 Ex. C, LCA Witness Statement 06-04-15. 54 Ex. C, LCA Witness Statement 06-22-15. 18 Clip MAH05723: The witness states, "Sow PID#934303 continues to be unable to stand with swollen back legs and open sores."55 Clips MAH05905, MAH05925, MAH05924: The witness states, "Sow PID# 934303 AID# 72169Still down, swollen back legs, both legs have open sores, purulenceright ankle. Sore on her rear is getting worse."56 Clip MAH06081: The witness states, "Sow PID# 934303 AID# 72169 rear end sore caked with feces, swollen legs have open wounds caked with feces, still unable to stand."57 Clips MAH06166, MAH06161 show white puss oozing out of the sow's back leg. The witness states, " Sow PID# 934303 AID# 72169 swollen legs, Open wound on both swollen legs, open wound on rear from dragging. Unable to stand."58 Clip MAH06345: The witness states, " Sow PID# 94303 AID# 72169 swollen legs, stands today, for the short period of time before she goes down again she stands on the tips of her hooves, scabbed over sore on her rear end has become a large abscess, both rear hooves still have open wounds."59 Clip MAH06364: The witness states, " Sow PID# 934303 AID# 72169 Swollen legs, unable to stand, open wound on rear end from dragging herself."60 Clip MAH06404: The witness states, "Sow PID# 934303 AID# 72169 Swollen legs open wound on both rear hooves, drags herself instead of walking, sore on rear end from dragging, has healed and re-injured so many times it is a large mass now."61

Clip GOPR0026: shows the sow extremely emaciated. The witness states, Sow PID# 934303 rear right leg is beginning to swell again, sow is down and is getting thin, she looks much worse than she has ever before. I try to get her up and she will not attempt to stand. Before she was up on her front two legs dragging her rear around. The sore on her rear end is healed over, though there is still a large mass where the wound was.62

55 Ex. C, LCA Witness Statement 06-25-15. 56 Ex. C, LCA Witness Statement 07-01-15. 57 Ex. C, LCA Witness Statement 07-06-15. 58 Ex. C, LCA Witness Statement 07-07-15. 59 Ex. C, LCA Witness Statement 07-11-15. 60 Ex. C, LCA Witness Statement 07-12-15. 61 Ex. C, LCA Witness Statement 07-15-15 62 Ex. C, LCA Witness Statement 07-22-15.19 Sow PID 402119: The following clips show sow PID 402119 over the course of 10 days: Clip GOPR0518: The witness states, "I found a sow in the North barn who has a very swollen back leg. PID#402119 AID#62520. Her hind right leg is disfigured and swollen but does not show any sign of bleeding or puss at this time. She was kicked-out (KO) of farrowing on 918, seven days after giving birth to 3 piglets. This was her fourth litter of piglets, her other three were 12 piglets on day 287, 11 piglets on day 537, and 15 piglets on 708. She was heeded-no-service on day 927. Her first treatment was on 947 with Linco and Dex.Today is 956."63 Clip MAH05521: The witness notes, "PID# 402119 Swollen hind right leg, large scabbed over sore that has broken open and is emptying a pinkish fluid."64 Clip GOPR0646: The witness notes, "PID# 402119 Swollen hind legs, large open wound showing seepage on right leg. Open right shoulder wound."65 Clip GOPR0670 shows the sow on June 14, 2015 suffering from an infected swollen hind leg. The infected area is seeping white puss. Barn manager Jeff Mosers failure to properly treat and/or euthanize these sows in a timely manner constitutes neglect, as well as cruelty by omission and neglect, causing unnecessary and unjustifiable pain and suffering to the sows in his care. Accordingly, Jeff Moser guilty of violating Minn. Stat. 343.21, subdivs. 1 & 7. 3.Failure to treat or euthanize sows with gaping pressure sores Various factors can lead to the development of pressure sores, including prolonged lying periods on hard floors as well as constant contact between the sows shoulder and the bars of their gestation and/or farrowing crates. The sores are caused by pressure that interrupts blood flow to the skin and tissues covering the shoulder blade, resulting in tissue damage and the formation of lesions.66 Pressure sores range from: small sores in the top layer of skin (degree 1); sores in the top layer of the skin, with crust formation and scar tissues (degree 2); sores in the deeper layer of the skin and with crust formation and severe scar tissue (degree 3); and deep sores into the muscles, sometimes with visible shoulder bone (degree 4).67 According to industry experts, [i]f a sow has a

63 Ex. C, LCA Witness Statement 06-04-15. 64 Ex. C, LCA Witness Statement 06-12-15. 65 Ex. C, LCA Witness Statement 06-13-15. 66 Ex. I, BPEX, Shoulder Sores in Sows: Causes and Treatment, The Pig Site (July 18, 2008), www.thepigsite.com/articles/2345/shoulder-sores-in-sows-causes-and-treatment/.67 Id (emphasis added). 20 shoulder sore scale of 3 or 4 euthanasia should be the only solution to prevent unnecessary pain and suffering. A number of sows at Christensen Farms suffer from gaping pressure sores on one or both of their shoulders. Proper treatment of developing pressure sores requires daily application of a topical disinfectant, wound dressings and in some cases providing the sows with rubber mats to lie on.68 These simple treatments were never provided to sows at Christensen Farms. Left untreated, the pressure sores grew wider and deeper, becoming infected and blackened due to high levels of ammonia in the barn. On the scale described above, these sores have a score of 3 or 4.In one instance a sow with a pressure sore was administered Acepromazine (Ace) after farrowing. Ace is a tranquilizer that produces a widespread muscular paralysis while the animal is fully conscious and still sensible to pain. Unable to move because of the tranquilizer, the piglets constantly chewed on a pressure sore until it grew into a gaping wound several inches in diameter. No treatments were given to the sow.Large gaping wounds from untreated pressure sores cause severe pain and suffering. Failure to give these sows adequate medical treatment when the sores first developed, and failure to euthanize these sows in a timely manner once the sores developed into gaping wounds constitutes neglect in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also constitute cruelty by omission and neglect which causes unnecessary and unjustifiable pain and suffering to the sows in violation of Minn. Stat. 343.21, subdiv. 7.Specific instances of sows with untreated gaping pressure sores are as follows:Clip GOPR0055 shows sow PID# 934328 lying in a pen. The sow appears emaciated. The sow stands, revealing the left side of her body that is covered in deep pressure sores.Clip GOPR0374: The LCA witness notes, "I asked Kayla Humphrey about weaned sow ID# 402119, her right shoulder has a large gaping bleeding hole. Kayla informed me that her piglets had chewed on her shoulder and she was unable to move because they had administered Acepromazine, which is a tranquilizer they use after delivery to keep the sows from moving around to much and hurting the piglets."69 Clip GOPR0339 shows sow PID# 925716 with a large bleeding and infected pressure sore on her left shoulder.

68 Ex. J, Duane Reese, Barbara E. Straw & Jess M. Waddell, Shoulder Ulcers in Sows, Paper 34 Nebraska Swine Reports 6, 8 (2005), available at http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1033&context=coopext_swine 69 Ex. C, LCA Witness Statement 05-08-15. 21 Barn manager Jeff Mosers failure to treat and/or euthanize these sows in a timely manner constitutes neglect, as well as cruelty by omission and neglect, causing unnecessary and unjustifiable pain and suffering to the sows in his care. Accordingly, Jeff Moser guilty of violating Minn. Stat. 343.21, subdivs. 1 & 7. 4.Neglect of sick sows with retained piglets causing unnecessary pain and sufferingAssisted birthing is common in pig breeding facilities, especially with mature sows that have been re-bred multiple times.70 Once a sow in farrowing difficulty is discovered, prompt assistance must be provided.71 Failure to provide birthing assistance to these sows frequently results in piglet retention, which can lead to systemic illness and death. During LCA's survey, the LCA witness only documented one instance where Christensen Farms employees attempted to remove retained piglets from sows. Common practice at Christensen Farms is to relocate sows with retained piglets from farrowing to breeding, placing them in group pens designated for sick sows. Given incomplete and ineffective medical treatments, these sows remain in the group pens for multiple weeks while their health deteriorates. Sows become too ill to stand up and develop pressure sores from spending extended periods of time lying on concrete floors. Unable to drink or eat on their own, they commonly become emaciated and dehydrated and are later found dead.Failure to treat obvious health problems is a severe animal welfare issue caused by neglect that causes obvious suffering.72 Farrowing difficulty that results in retained piglets with obvious sign of systemic illness is a severe condition that requires immediate euthanasia.73 Christensen Farms failure to provide adequate medical treatment to sick sows with retained piglets, as well as their failure to euthanize sows suffering from systemic illness constitutes neglect in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also constitute cruelty by omission and neglect which causes unnecessary and unjustifiable pain and suffering to the sows in violation of Minn. Stat. 343.21, subdiv. 7.Specific instances where Christensen Farms has neglected sick sows with retained piglets are as follows:

70 See Ex. D, Swine Care Handbook, supra note 12, at 6 ("Gentle assistance may be required for sows having difficulty delivering piglets."). 71 Ex. G, Code of Practice For the Care and Handling of Pigs, supra note 32, at 27. 72 Ex. F, The Importance of Measurement To Improve the Welfare of Livestock, Poultry and Fish, supra note 13, at Table 1.2. 73 Ex. K, Trish Holyoake, Kristy Richards & Peter McKenzie, Australian Pig Veterinarians Sick and Injured Pig Guidelines for Veterinarians, 13 (AVP Welfare Subcommittee, 2012),www.ava.com.au. 22 Clip GOPR0487: The LCA witness states, "I checked the pens with the sows who had retained piglets. All 4 of them were in poor condition. Signs that they had not moved in quite a long time included, laying in a pool of urine while the surrounding floor was dry, mostly unresponsive to touch (whereas most sows would startle and stand up immediately), feeders completely full before feed-lines have been run today."74

Clip MAH05483 shows a sow who is visibly underweight. The LCA witness states, "The smallest sow still alive who had retained piglets looks very bad, she is thin and dehydrated. It appears she was not helped to her feet throughout the weekend.75 Sow PID 956978: The following clips show sow PID 956978 over the course of 14 days: Clip MAH05509 shows sow PID 956978 who is extremely thin. Her hip and shoulder bones protrude and her vertebrate are very visible. The witness states, "PID# 956978 AID# 23902 retained piglets on 936, sick, very thin. Treated 935 and 936 missed third treatment that should have been on 937"76 Clips MAH05674, MAH05671: The witness states, "Sow PID# 956978 AID# 23902 Kicked-out of farrowing on 936 two days after farrow due to retain very sick as written on card. Treated 935, 936, 964, 965, 966. Today she is extremely thin. Appears to be suffering greatly. Scabbed over wounds on her right side: Face near eye, shoulder toward jaw line, lower shoulder, center of upper thigh."77 Clip MAH05713: The witness observes, "Sow PID# 956978 AID# 23902 written on card retain very sick is extremely thin, same place she was when I saw her yesterday. She does not look like she has ate or drank in a very long time, it appears that it is hard for her to breath, or possibly breathing is painful for her."78 Clip MAH05723 shows sow PID 956978 who appears extremely dehydrated and emaciated. The witness states, "I find Sow PID# 956978AID# 23902 laying in the same spot as before, after examining her condition I try to help her stand, she is very thin and very easy to lift, after helping her stand she stays on her feet but sways and is uneasy, when she makes it to the water nozzle she drinks and drinks. Tanner comes by while I am looking at the sow and I ask him about her current treatment regiment, though it is not written on her card he says he treated her yesterday, he also says she will not eat, and scoops out some feed from the pen's feeder to show me that she doesn't eat."79

74 Ex. C, LCA Witness Statement 05-30-15. 75 Ex. C, LCA Witness Statement 06-08-15. 76 Ex. C, LCA Witness Statement 06-12-15. 77 Ex. C, LCA Witness Statement 06-22-15. 78 Ex. C, LCA Witness Statement 06-23-15. 79Ex. C, LCA Witness Statement 06-25-15. 23 Sow PID# 925465: The following clips show sow PID 925465 over the course of 11 days: Clips MAH05861, MAH05862 show sow PID# 925465 lying motionless in a group pen. The sow does not even respond to the witnesses touch. The witness notes, "Rod says we will have to shoot SowPID# 925465 AID# 92711 tomorrow. She farrowed on 919 and has not been bred back since, she was a retain sow that has failed to be treated for 3 consecutive days since [kicked out] of farrowing. Rod decided today we would give her Linco and Ban. Rod says if she doesn't look better tomorrow we will probably shoot her."80 Clip MAH06162: The witness notes, "Sow PID# 925465 AID# 92711 scabbed over wounds on face and side, thin, weak. Trembles/shivers when laying down.81 Clip MAH06189 shows the emaciated sow with multiple pressure sores that are scabbed over. The witness helps the sow to her feet and the sow hobbles on three legs. The witness, who observed this incident, notes, "Sow PID# 925465 AID# 92711 K/O 919, thin, weak, scabbed over wounds on face and body, difficult for her to stay standing."82 Sow PID 956265:Clip GOPR0671 shows an extremely sick and discolored sow lying in a group pen. The sow is unresponsive to the presence of the witness. The witness states, Sow PID# 956265 is more bruised than I have ever seen anything before. Her ears are blue and purple and these bruises cover almost 100%to her shoulders and around her neck. She has sores on her front right leg, She is breathing very hard, and is unresponsive except for slightly opening her eyes. Sows rear end and stomach are also covered in these deep bruises ranging in color from dark red to purple/black.83

Three days later, the witness, who observed the sow, states, Sow PID# 956265 is very beaten up with dried blood on her face and body, and heavy bruising and abrasions covering most of her skin. Her card was not to be found today, I hand Jeff the card that was in place above her pen that did not belong to her.84 Sow PID 401855: This sow was kicked out of farrowing on May 15, 2015 (936) because she had retained piglets and was "very sick", as recorded on her sow card. The following clips show the sow's health deteriorate over the course of two months after she was kicked out of farrowing:

80 Ex. C, LCA Witness Statement 06-28-15. 81 Ex. C, LCA Witness Statement 07-07-15. 82 Ex. C, LCA Witness Statement 07-08-15. 83 Ex. C, LCA Witness Statement 06-14-15. 84 Ex. C, LCA Witness Statement 06-17-15. 24 Clip MAH05789 shows an emaciated sow in a group pen. According to her card, the sow is "very sick" and was kicked out of farrowing on 936 because of retained piglets.Clips MAH05788, MAH06088: the witness states, "Sow PID# 401855 AID# 64555 written on card 936 K/O retain very sick Sow is extremely thin, less than 6 total width under spine and behind rib cage. Ribs are individually visible."85 Clip MAH06267: the witness states "Sow PID# 401855 AID# 64555 Written on card 936 K/O retain very sick, Jeff stands next to me while I am looking at this sow, and gives me the identity and location of a sow who needs to be treated, Jeff speaks about this sow, who has been in this pen for 50+days now she is up and eating but she isn't gaining any weight, she might actually be loosing weight, she has not been treated for like a month, she is eating but something in her is not letting her gain weight, a parasite maybe?, I don't know Then he leaves."86 Clip MAH06344 shows the emaciated sow in a group pen. The witness performs some basic tests to measure the body condition of the sow. The witness notes "Sow PID# 401855 AID# 64555 written on card retain very sick 936 K/Oscabbed over sore on her rear left side, very thin"87 Clip MAH06360 shows sow PID 401855 on July 12, 2015. The sow looks extremely emaciated. Clip MAH06415: the witness states, "Sow PID# 401855 AID# 64555 written on card retain very sick 936 K/O Tanner and I talk about her but do not make any decisions other than Tanner says we will not euthanize her. Tanner also says he never sees her eat out of the feeder."88 Christensen Farms barn manager, Jeff Mosers cognizance of the unacceptable physical condition of sick sows with retained piglets and his unwillingness to take appropriate actions is illustrated in the following conversation.Clip MAH05862: The witness describes their interaction with Jeff Moser, "Jeff and I stand in the breeding hallway in the South barn just in front of the pens that hold the sickest pigs, most of whom have recently retained piglets.I ask him about the body-condition-score of the two thinnest sows in front of us. He says that because they are still standing, and eating and drinking and pissing that they are ok. He says the scores go 1.0, 1.1, 1.2 to 5. I say to Jeff so that sow ( and I point to PID#xxxxx) she is down quite a ways, but not a 1 yet?Jeff replies I mean, she is very close, but like I said, Chris(Hansen) was

85 Ex. C, LCA Witness Statement 07-06-15. 86 Ex. C, LCA Witness Statement 07-10-15. 87 Ex. C, LCA Witness Statement 07-11-15. 88 Ex. C, LCA Witness Statement 07-15-15. 25 here yesterday, he seen her and... then he shrugs with his hands, turning his palms upward." 89

Jeff Moser's failure to provide adequate medical treatment to sick, emaciated sows, as well as his failure to euthanize sows showing no signs of improvement constitutes neglect in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also constitute cruelty by omission and neglect which causes unnecessary and unjustifiable pain and suffering to the sows in violation of Minn. Stat. 343.21, subdiv. 7. 5.Neglect of sows with undiagnosed conditions compromising welfare For the duration of LCAs survey of Christensen Farms, the LCA witness documented three sows who suffered for prolonged periods from undiagnosed conditions compromising welfare. Failure to humanely euthanize, or provide necessary care and appropriate medical treatments, prolonged the unnecessary suffering of these sows. Managements failure to provide adequate medical treatment in consultation with a veterinarian and/or failure to promptly euthanize these sows constitute neglect in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also constitute cruelty by omission and neglect which causes unnecessary and unjustifiable pain and suffering to the sows in violation of Minn. Stat. 343.21, subdiv. 7. These specific incidents are detailed below:Sow PID 731739: This sow was kicked out of farrowing on July 7, 2015 (898) for an unreported reason. The sow appeared to be extremely ill. No treatments were administered to the sow from the time it was kicked out of farrowing to the day it died. As outlined in the notes below, Jeff Moser was aware of the poor condition of the sow and deliberately chose to do nothing about it. Clip MAH06231 shows an unresponsive thin sow lying on the floor of a group pen. To date the sow has no medical treatments recorded on her ID card. The witness states, "Sow PID# 731739 AID# 41421 989 W/O thin, small, covered in abrasions, that are likely caused from fighting with another sow, hoof or teeth marks. Pale."90

Clip MAH06261, MAH06260 shows the sow dead in the group pen. The witness reports, "When I go out to the breeding barn, I find that sow PID# 731739 AID# 41421...has died over the night, Jeff stands next to me and we talk about this situation. Jeff begins the conversation by telling me I am trying to get Rod to make these types of decisions on his own, without sacrificing welfare obviously,

89 Ex. C, LCA Witness Statement 07-02-15. 90 Ex. C, LCA Witness Statement 07-08-15. 26 but, you know, seems like I have to make the decision on which ones to take care of, ..inaudible rambling...91

Sow PID 984169 has an undiagnosed leg mass that was improperly treated with multiple doses of Lincomycin (an antibiotic commonly used for the treatment of infectious forms of arthritis).92 On May 31, 2015, it was recommended that the sow be euthanized after farrowing because the service manager, Chris Hansen would not like to see a sow in such bad shape bred again. 93 Deciding to euthanize a sow at a later date contradicts company policy, which requires a pig be euthanized immediately after a decision has been made to euthanize.94 After farrowing, the sow was never euthanized and, instead, she was put back into breeding. The mass developed a puss filled, open lesion, indicating signs of infection. The following clips show sow PID 894169 over seven weeks:Clip GOPR0660: The witness states, "PID# 984169 AID# 35210 Swollen hind thigh, written on her card is Euthanize after farrow she farrowed on 953, today is 966, She is still in farrowing. This contradicts Jeff's previous statement that when you decide to euthanize, you must euthanize immediately. Kayla said euthanizing this sow was Jeff's call, and he decided she would be euthanized in the future because Chris (our service manager) would not like to see her."95 Clip MAH05676: The witness states, "I catch Kayla in the hallway and ask about Sow PID# 984169 with the large right-side thigh that appears disjointed. The sow has had written on her card for quite some time Euthanize after farrow Kayla says we are not going to euthanize this sow anymore because we will make more money if we can get her on a cull truck."96 Clip MAH05694 shows the sow with the undiagnosed masses in her legs being moved from farrowing back into breading on June 23, 2015. The sow appears to have difficulty walking, moving slower than the healthy sows. Clip MAH05994: The witness states, "Sow PID# 984169 ...has been moved to a pen 1B at the North-East most corner of the North breeding barn. Her

91 Ex. C, LCA Witness Statement 07-10-15. 92 Lincomycin, Drugs.com, www.drugs.com/pro/lincomycin.html (last accessed July 20, 2014). 93 Terina showed me a sow in farrowing that will be euthanized after she gives birth in the next week or so. Her hind right leg muscle is set very low. She looks peculiar and no one could quite determine what the problem was. Kayla Humphrey later told me that the sow will be euthanized after this delivery because our Service Manager Chris Hansen would not like to see a sow in such bad shape bred again. This sow PID# 984169 is currently a pregnant gilt and was treated around a dozen times with linco, which is the drug we use for leg and joint problems. Ex. C, LCA Witness Statement 05-31-15. 94 Ex. C, LCA Witness Statement 06-08-15. 95 Ex. C, LCA Witness Statement 06-14-15. 96 Ex. C, LCA Witness Statement 06-22-15. 27 condition has not improved with her putting very little weight on her rear right leg that is very disfigured."97 Clip MAH06198: The witness observes, "Sow PID# 984169 ... Farrowed on 953 sow now has an open wound on her swollen/deformed leg, puss is oozing out of an open hole about 1/2 diameter, near the outward most point. The wound is caked with feces and puss, when I apply pressure around the wound the inside feels hollow and very hot."98 Clip MAH06408 shows sow PID 984169 on July 15, 2015 lifting and lowering her foot, testing weight on it.Sow PID 965673:Clips GOPR0292, GOPR0290 show an emaciated sow lying in an isolation pen on April 24, 2015. The sow's midsection is extremely sunken in, her hip and shoulder bones protrude and each vertebrate on her spine is visible.Clip GOPR0331 shows an emaciated sow lying in an isolation pen on April 27, 2015. The sow shows no signs of improvement.Jeff Moser's failure to provide adequate medical treatment to sick, injured, and emaciated sows, as well as his failure to euthanize sows showing no signs of improvement constitutes neglect in violation of Minn. Stat. 343.21, subdiv. 1. These incidents also constitute cruelty by omission and neglect which causes unnecessary and unjustifiable pain and suffering to the sows in violation of Minn. Stat. 343.21, subdiv. 7.C.Animal Mistreatment by Deprivation at Christensen Farms LCAs witness documented Christensen Farms most senior employee, Kayla Humphrey, placing a sick, lactating sow in a hallway overnight with no access to food or water.State law demands providing animals in ones care with necessary food and water.99 It is standard practice that post-farrowing sows be provided with free access to clean water.100 Industry experts estimate that lactating sows require 5 7 gallons of water per day.101 It is also recommended to increase feed intake after farrowing, feeding two or more times daily, and increasing nutritional density.102 In the incident described below, Kayla Humphrey failed to provide the sick, post-farrowing sow with any food and

97 Ex. C, LCA Witness Statement 07-02-15. 98 Ex. C, LCA Witness Statement 07-08-15. 99 Ex. A, Minn. Stat. 343.21, subdiv. 2.100 Ex. D, Swine Care Handbook, supra note 12, at 11.See also Ex. G, Code of Practice For the Care and Handling of Pigs, supra note 32, at 23. 101 Ex. L, Dr. Marcia Carlson Shannon, Dehydration: The Need for Water (Pork Checkoff), www.pork.org/youth-and-education/fact-sheets/ (last visited July 20, 2015). 102 Ex. G, Code of Practice For the Care and Handling of Pigs, supra note 32, at 22. 28 water for a period exceeding 24 hours. Failure to provide adequate feed and water constitutes animal mistreatment by deprivation, in violation of Minn. Stat. 343.21, subdiv. 2.This specific incident is detailed below:Clip MAH05558: The witness, who observed this incident, states, "At some point Kayla Humphrey put a sow in the hallway in front of farrowing, she has no access to food or water in the hallway. Kayla said she is fevering and is going to stay out here tonight.103 Clip MAH05578: the witness noted, "The sow...that was left in the [ ] farrowing hallway was moved to the med hallway between farrowing and the north breeding barn this morning."104 Accordingly, Kayla Humphrey is guilty of violating Minn. Stat. 343.21, subd. 2. IV.CONCLUSION AND REQUEST FOR PROSECUTION None of the actions detailed throughout this complaint constitute standard husbandry practices and are all prosecutable by law.It is imperative that the illegal activities that occur at Christensen Farms in Rock County, Minnesota be investigated and prosecuted so that the deliberate infliction of pain and suffering and further violations of the states Cruelty to Animals Act are deterred. While the use of animals for human consumption is widely accepted by society, standard procedures are in place to ensure that the animals are not subjected to senseless suffering. Pigs at Christensen Farms are unlawfully neglected and experience unnecessary pain and suffering as a result of actions by Christensen Farms management and employees, in violation of Minnesota Cruelty to Animals Act. LCA along with the citizens of Minnesota look to you to take a leadership role in the obligation to protect against violation of this statute and respectfully request that Rock County Sheriff promptly investigate the incidents detailed in this complaint.I am at your disposal to discuss this case. You can contact me directly via telephone at (310) 745-7176 or by email at zeynepg@lcanimal.org. Sincerely, Zeynep Graves, Esq. Last Chance for Animals

103 Ex. C, LCA Witness Statement 06-13-15. 104 Ex. C, LCA Witness Statement 06-14-15. Zeynep Graves