Brooksville Meat Fabrication USDA Inhumane Handling FSIS.pdf

8/13/2019 Brooksville Meat Fabrication USDA Inhumane Handling FSIS.pdf

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United States Food SafetyDepartment of and InspectionAgriculture Service

Mr. Keith Wright, Plant OwnerBrooksville Meat Fabrication Est. 09173M80 Liberty DriveBrooksville, KY 4 004NOTICE OF SUSPENSIONDear Mr. Wright:

Officeof FieldOperations

Jackson District Office713 S Pear Orchard RoadSuite 4 2Ridgeland MS 39157

April 30, 2013

VIA Fascimile: 606-735-2412and USPS CERTIFIED MAIL#7008 3230 0000 9649 4289

This serves as official notification by the Food Safety and Inspection Service (PSIS) of ourdecision to suspend the assignment of inspectors for your slaughter operations at Establishment09173M, Brooksville Meat Fabrication, 80 Liberty Drive Brooksville, KY 41004. This action isbased on your establishment's failure to handle livestock humanely according to 9 CPR Part 313.Background AuthorityHumane Methods of Slaughter Act: The Congress finds that the use of humane methods in theslaughter of livestock prevents needless suffering; results in safer and better working conditionsfor persons engaged in the slaughtering industry; brings about improvement of products andeconomies in slaughtering operations; and produces other benefits for producers, processors, andconsumers which tend to expedite an orderly flow ofl ives tock and livestock products ininterstate and foreign commerce. It is therefore declared to be the policy of the United States thatthe slaughtering oflivestock and the handling of livestock in connection with slaughter shall becarried out only by humane methods. (7 U.S.C.1901)Under the authorities of the Act, PSIS has prescribed rules and regulations required forestablishments producing meat products, including the requirements pertaining to HumaneSlaughter of Livestock (9 CPR Part 313). Specifically, your establishment failed to meet thefollowing regulatory requirements as specified by 9 CPR 313. l 6(a)( l) and (3) which states(a) Utilization of irearms required effect; handling.( ) The firearms shall be employed in thedelivery of a bullet or projectile into the animal in accordance with this section so as to produceimmediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown,cast, or cut. The animal shall be shot in such a manner that they will be rendered unconsciouswith a minimum of excitement and discomfort. (3) Immediately after the firearm is dischargedand the projectile is delivered, the animal shall be in a state of complete unconsciousness and

EQUAL OPPORTUNITY IN EMPLOYMENT AND SERVICES


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(b) (7)(C)(b) (7)(C) (b) (7)(C)

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NOTICE OF SUSPENSIONMr. Keith Wright, Plant OwnerBrooksville Meat Fabrication Est. 09173MApril30 2013Page 2 of 4

remain in this condition throughout shackling, sticking and bleeding. PSIS has also developedRules of Practice regarding enforcement (9 CFR Part 500). The Rules of Practice describe thetypes of enforcement action that PSIS may take and include procedures for taking a withholdingaction and/or suspension, with or without prior notification, and for filing a complaint towithdraw a grant of Federal inspection. 9 CFR 500.3(b) states PSIS also may impose asuspension without providing the establishment prior notification because the establishment ishandling or slaughtering animals inhumanely.At approximately 0925 hour, a failure to stun incident occurred at your facility involving a heiferless than 30 months of age. n establishment employee usin a .22 Lon made an attem t torender the heifer insensible. After the first shot was fired

and lateranimal was bleeding from the ea an nosealso noticed the noisy sorting through of additional bullets by establishmentem lo ee. Ins ection persom1el noticed that the animal was standing and not rendered insensible.insisted that the establishment employee hurry and make a secondary shot inor er to ren er t 1e animal insensible. After approximately four (4) minutes had passed, theestablishment employee made a secondary shot using a 22 magnum, which rendered the animalinsensible.Failure to render the animal insensible on the first shot and the poor choice of firearm is aviolation of9 CFR313.16(b) (2). Failure of the establishment employee to take immediatecorrective action after the first shot failed to render the animal insensible is a violation of9 CFR313 l 6(a) 1 ). Additionally, your establishment does not have a robust systematicapproach to humane handling and slaughter. took regulatory control action andplaced US Rejected tag #B35195507on the establishment's knock box in accordance with 9CFR313.50, suspending all slaughter inspection at your facility. You were verbally informed onApril 30, 2013 at approximately 0955 honr, of the suspension of the assignment of inspectors atyour slaughter facility.You are herein receiving written notification of the suspension of the assigmnent of inspectors atyour facility with this letter; which will remain in effect until you provide adequate writtenassurances to the Jackson District Office of corrective and preventive measures to assure thatanimals at your facility will be humanely handled and slaughtered in accordance with theHumane Slaughter Act and Regulations 9 CFR 313.16(a)(l) and 9 CFR 313.16(a)(3).As a federally inspected establishment, you are expected to fully comply with regulation 9 CFR 313 .16 and all other requirements conceming the humane slaughter of livestock. In accordancewith 9 CFR 500.3(b ), we are implementing a suspension of the assigmnent of inspectors forinhumane handling.


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NOTICE OF SUSPENSIONMr. Keith Wright, Plant OwnerBrooksville Meat Fabrication Est. 09173MApril 30, 2013Page of4You may appeal this action by contacting:Executive Associate for Regulatory OperationsUSDA, FSIS, FORoom 3157 - South Building1400 Independence Ave. SWWashington, DC 20250Telephone: (202) 720-3697 or (202) 720-9521Facsimile: (202) 690-3287n accordance with 9 CFR 500.5, you may request a hearing concerning this action bycontacting:

Mailing Address:Evaluation and Enforcement DivisionOffice ofProgram Evaluation, Enforcement and ReviewFood Safety and Inspection ServiceUnited States Department ofAgricultureStop Code 3753, PP3, Cubicle 243A1400 Independence Avenue, SWWashington, D.C. 20250Physical (Courier) Address:Evaluation and Enforcement DivisionOffice of Program Evaluation, fa1forcement, and ReviewFood Safety and Inspection ServiceUnited States Department ofAgriculturePatriot Plaza III, 8 Floor, Cubicle 243A355 E Street, SWWashington, DC 20024-3221Telephone: (202) 418-8872Facsimile Number: (202) 245-5097f you have any questions, please contact the Jackson District Office at (601) 965-4312.

Paul Resweber, DVMDistrict ManagerJackson District Office


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(b) (7)(C)

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NOTICE OF SUSPENSIONMr. Keith Wright, Plant OwnerBrooksville Meat Fabrication Est. 09173MApril 30, 2013Page of 4Cc: via electronic copy)

via electronic copy)via electronic copy)ia electronic copy)via electronic copy)Washington, D.C. FSIS HQ Personnel via electronic copy)

Brooksville Meat Fabrication USDA Inhumane Handling FSIS.pdf

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