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SUSTAINABILITY REPORT

Tyson Foods incurred environmental penalties totaling $89,701 in fiscal year 2010, $154,016 in fiscal year 2011, and $18,631 in fiscal year 2012.

In late 2010, the United States Environmental Protection Agency (EPA) Region 7 began a Clean Air Act investigation of the company related to the operation and maintenance of ammonia refrigeration equipment at multiple facilities. The EPA subsequently referred the matter, which involves allegations of potential noncompliance with the Clean Air Act’s Risk Management Plan requirements at 25 Tyson Foods’ facilities in Kansas, Missouri, Iowa, and Nebraska, to the United States Department of Justice (DOJ). The EPA and DOJ have indicated they will seek monetary penalties and injunctive relief requiring equipment and infrastructure changes at several facilities. Currently we are engaged in settlement discussions with the EPA and DOJ.

In addition, the company experienced 11 reportable chemical releases in fiscal year 2010, 25 reportable chemical releases in fiscal year 2011, and 24 reportable chemical releases in fiscal year 2012. Details surrounding penalties greater than $5,000 incurred during this time frame are provided below.

Reportable Chemical Releases Table

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