UNITED STATES DEPARTMENT OF AGRICULTURE 


BEFORE THE SECRETARY OF AGRICULTURE 


In re: } FMIA Docket No. 

} 

Thomas G. Salistean and 

Tovinity, Inc., d/b/a Van Fleet Meat 

Company and Salistean Processed 

Meats, 

Respondents 

} 

} 

} 

} 

} STIPULATION AND 

} CONSENT AGREEMENT 

} 

The Food Safety Inspection Service (FSIS), U.S. Department of Agriculture (USDA), 

hereinafter "Complainant", commenced this administrative action on July 6, 2016, when FSIS 

personnel hand delivered a Notice of Ineligibility for Custom Exempt Status (NOI) to Mr. 

Thomas G. Salistean and Tovinity, Inc., d/b/a/ Van Fleet Meat Company and Salistean Processed 

Meats, hereinafter "Respondents," notifying them that they were no longer eligible for custom 

exemption under the Federal Meat Inspection Act (FMIA) (21 U.S.C. § 601 et seq.). The Notice 

oflneligibility (NOI) was effective upon receipt and resulted from Respondents' alleged failure 

to maintain the facility in a sanitary manner and otherwise operate in a manner that is in 

compliance with the FMIA. 

The aforementioned action was instituted in accordance with Section 23(c)(2) ofthe 

FMIA (21 U.S.C. § 623(c)(2)), Part 303 of the Federal Meat Inspection Regulations (9 C.F.R. § 

303.1 et seq.), and Part 416 ofthe Sanitation Regulations (9 C.F.R. § 416). 

The Parties have agreed that this administrative proceeding should be terminated by the 

entry ofthis Stipulation and Consent Agreement, hereafter "Agreement," set forth below and 

have agreed to the following stipulations: 

1. For the purpose ofthis Stipulation and the provisions of this Agreement only, 

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Respondents admit the jurisdictional allegations of the above-mentioned NOI and both parties 

waive: 

(a) any further procedural steps in this proceeding; 

(b) any requirement that the Agreement in this proceeding contain findings and 

conclusions with respect to fact or law, as well as to reason or basis thereof; and 

(c) all rights to seek further judicial review or to otherwise challenge or contest the 

validity of this Agreement. 

2. This Agreement is for settlement purposes in this proceeding only, and does not 

otherwise constitute an admission or denial by Respondents that they have violated any Federal 

regulation or statute. 

3. Respondents waive any action against USDA under the Equal Access to Justice Act of 

1980 (5 U.S.C. 504 et seq.) for fees or other expenses incurred in connection with this 

proceeding, and any other action against the USDA and its employees in connection with this 

proceeding and the facts and events that gave rise to this proceeding. 

Findings of Fact 

1. Respondent Tovinity, Inc., d/b/a Van Fleet Meat Company and Salistean Processed 

Meats is now, and at all times material herein was, a slaughter or processing facility and retail 

store located at 7615 Park Drive, Ralston, Nebraska 68127. It slaughters and processes cattle, 

hogs, lambs, goats, and wild game as a custom exempt facility pursuant to section 23(a) of the 

FMIA (21 U.S.C. § 623(a)) and applicable federal regulations concerning meat inspection and 

sanitation (9 C.F.R. §§ 303.1 and 416). 

2. Respondent Thomas G, Salistean is, and at all times material herein was, the owner of 

Respondent Tovinity, Inc., d/b/a Van Fleet Meat Company and Salistean Processed Meats. 

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3. On July 6, 2016, respondents were personally served with an NOI informing them that 

they were no longer eligible to operate under the custom exempt provisions of the FMIA because 

of alleged violations of custom exempt, record keeping, sanitation, and other requirements set 

forth in 9 C.F.R. §§ 303.l and 416. 

Conclusion 

In as much as the parties have agreed to the provisions set forth in the following 

Agreement in disposition ofthis proceeding, this Agreement will be entered. 

Agreement 

Custom exempt livestock slaughter and meat processing privileges as provided under 

section 23 of the FMIA (21 U.S.C. § 623) and 9 C.F.R. Part 303.1 are terminated from 

respondent Thomas G. Salistean, his partners, affiliates, successors, and assigns, and from 

respondent Tovinity, Inc., d/b/a Van Fleet Meat Company and Salistean Processed Meats and its 

owners, officers, directors, partners, affiliates, successors, or assigns, directly or through any 

corporate device, for a period of three (3) years. This termination of exemption privileges shall 

be held in abeyance and custom exemption privileges shall be permitted to Respondents, 

pursuant to Section 23 (a) ofthe FMIA and 9 C.F.R. Parts 303.l and 416, provided all statutory 

and regulatory requirements and the additional conditions set forth in this Agreement are met. 

Conditions 

1. Prior to the reinstatement of custom exemption privileges, and subject to verification 

and a satisfactory determination by FSIS, Respondents shall demonstrate compliance with the 

FSIS statutory and regulatory requirements including, but not limited to, 9 C.F.R. Parts 303.1 

and 416. FSIS will base its determination of satisfactory compliance upon a review and 

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examination of: (a) Respondents' written operational procedures and other programs and (b) the 

physical and sanitary conditions of the Respondents' facility. 

2. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall address and repair any premises, facility and or equipment issues 

identified by FSIS at the time of the facility review conducted pursuant to paragraph 1 of this 

Agreement. 

3. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, Respondents' facility shall receive an "acceptable" rating in every category ofFSIS' 

"Exempt Establishment Review Report," FSIS Form 5930-1. 

Sanitation Performance Standards (SPS) 

4. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall: 

(a) develop written procedures for monitoring and identifying non-compliance issues, 

taking corrective and preventative actions, and maintaining proper recordkeeping, which 

Respondents will implement, conduct, and maintain in order to operate and maintain their 

premises, facilities, equipment, and outside premises in a manner sufficient to prevent the 

creation of insanitary conditions and practices; 

(b) comply with the requirements of the Sanitation Performance Standards (SPS) 

regulations (9 C.F.R. Parts 416.1 to 416.6); 

(c) ensure that meat and meat food products that are prepared, packed, and stored on their 

premises are not contaminated or adulterated; and 

(d) address and repair non-compliance issues previously identified by FSIS with respect 

to the premises, facility, and/or equipment. 

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Sanitation Standard Operating Procedures (SSOP) 

5. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall 

(a) develop written Sanitation Standard Operating Procedures (SSOP) to describe the 

monitoring activities, record keeping, and other procedures that Respondents will implement, 

conduct, and maintain on a daily and on-going basis, before, during, and after operations, in 

accordance with 9 C.F.R. Parts 416.11 to 416.16, to ensure sanitary conditions and prevent 

product adulteration; 

(b) implement, conduct, and maintain on a daily and on-going basis their SSOP system in 

accordance with 9 C.F.R. 416 to ensure sanitary conditions and prevent product adulteration; and 

(c) implement, conduct, and maintain corrective and preventative actions, in accordance 

with 9 C.F.R. 416.15. 

Recordkeeping and Labeling Provisions 

6. Respondents shall maintain full, complete, and accurate written records of all business 

activities applicable to the FMIA, as specified in 9 C.F .R. Parts 303 .1 (b )(3 ), 310.22, and 320. 

Respondents shall make all such records available for review and copying upon request of any 

authorized representative ofthe Secretary of Agriculture. Respondents shall maintain such 

records for a period oftwo years after December 31 ofthe year in which the record was made, in 

accordance with 9 C.F.R. Parts 320.3. 

7. Prior to the reinstatement of custom exemption privileges, Respondents shall designate 

and identify to the Director, Enforcement and Litigation Division (ELD), one person who shall 

have overall responsibility of maintaining the written records in accordance with the regulatory 

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requirements. Any changes to the designated employee must first be notified to and approved by 

the Director. 

Planned Improvement Program (PIP) 

8. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall develop a PIP designed to identify and correct non-compliance and 

to ensure that the entire structure of the facility, to include its rooms and compartments, is of 

sound construction and that all equipment is maintained in proper working order and kept in 

good repair. 

9. Upon the reinstatement of custom exemption privileges, and subject to verification by 

FSIS, Respondents shall implement and maintain their PIP as required in this Agreement, and 

document any findings and corrective actions to address structural and/or mechanical repairs 

and/or improvements to their facility and make these records available to FSIS for review and/or 

copying upon request. 

Pest Management Program 

10. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall develop a written pest management program to prevent the 

harborage and breeding of pests within the facility and on its grounds consistent with 9 C.F .R. 

416.2 (a) and (b). The written program shall include procedures to ensure that: 

(a) Respondents review and service the facility and grounds at least weekly for any signs 

of insect and rodent presence and activity; and 

(b) Respondents provide written reports detailing their findings, corrective actions, and 

recommendations based on their review and service of the facility and grounds for any signs of 

rodent and insect presence and activity. 

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11. Upon the reinstatement of custom exemption privileges, and subject to verification of 

FSIS, Respondents shall implement and maintain their pest control program in a manner 

sufficient to prevent the creation of insanitary conditions and practices, to prevent the harborage 

and breeding of pests, and to ensure that meat products stored, prepared, and packed are not 

contaminated or adulterated. 

Personnel and Training 

12. Prior to the reinstatement of custom exemption privileges, and subject to verification 

by FSIS, all of Respondents' management and any other personnel shall complete training in 

sanitation procedures and all programs required to be maintained under this Agreement. 

13. Upon reinstatement of custom exemption privileges, and subject to verification by 

FSIS, Respondents shall conduct annual training for all employees, current and new, consistent 

with the requirements of paragraph 12. 

Custom Exemption Requirements 

14. Respondents shall ensure that: 

(a) product does not become adulterated during processing, handling, storage, loading 

and unloading, or during transportation; 

(b) all slaughtered and processed animal carcasses and further processed meat or meat 

food products are properly marked, labeled and packaged; 

(c) custom prepared products are plainly marked "Not for Sale" and kept separate and 

apart from any meat or poultry products held for sale, and 

(d) records are maintained as required by 9 C.F.R. Part 303. 

General 

15. Respondents shall not: 

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(a) violate any section of the FMIA, the regulations promulgated thereunder, or any 

Federal, State, or local statue or regulation involving the preparation, sale, transportation, 

distribution or attempted distribution of any adulterated or misbranded meat product; 

(b) commit any felony or fraudulent act or other criminal act involving fraud, conspiracy, 

bribery, or any other act or circumstances indicating a lack of integrity needed for the conduct of 

operations affecting public health; 

(c) willfully make or cause to be made any false entry into any accounts, records, reports, 

or memoranda kept by the Respondents in compliance with Federal, State or local statutes or 

regulations or this Order; neglect or fail to make full, true, and correct entries in such accounts, 

records, reports or memoranda; and fail to keep such accounts, records, reports, or memoranda 

that fully and correctly disclose all transactions in the Respondent's business; 

(d) assault, intimidate, threaten or interfere with any program employee in the 

performance of his or her official duties under the FMIA or regulations promulgated thereunder; 

or 

16. Respondent shall fully and completely cooperate with any PSIS investigation, 

inquiry, review, or examination of Respondents' compliance with the FMIA or this Order. 

Enforcement Provisions 

17. The Administrator, PSIS, shall have the right to summarily terminate custom 

exemption privileges upon a determination by the Director, ELD, or his or her designee, that 

Respondents have failed to comply with 9 C.F.R. Parts 303.1 and/or 416 or any requirement of 

this Agreement. It is acknowledged that Respondents retain the right to request a hearing 

pursuant to the Adopted Rules of Practice concerning any violation alleged as the basis for a 

summary termination of custom exemption privileges. 

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18. This Agreement shall be considered issued on the date that it is signed by the 

Administrator, FSIS, but shall become effective only after FSIS has verified that all the above 

provisions stipulating completion "prior to the reinstatement of custom exemption privileges" 

have been completed. 

19. Nothing in this Agreement shall preclude the referral of any violation of law to the 

U.S. Department of Justice for possible criminal or civil proceedings, or preclude the 

Administrator from taking other appropriate administrative action under the FMIA and the 

regulations promulgated there under. 

20. If any provision ofthis Agreement is declared invalid, such declaration shall not 

affect the validity of any other provision herein. 

21. This Agreement shall expire three (3) years from the date on which the 

Respondents' custom exempt privileges resume. 

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mas G. Salistean, Owner, 

Tovinity, Inc. d/b/a 

Van Fleet Meat Company and 

Saleistean Processed Meats 

Scott C. afiao Director 

Enforcement and Litigation Division 

Food Safety Inspection Service 

U.S. Department ofAgriculture

Thomas Bolick 

Attorney for Complainant 

United States Department ofAgriculture 

Office ofthe General Counsel 

·1ssu d tmsJi}jay of Arlt. 1/H201 6 

in Washington, D.C. 

Almanza, Acting inistrator 

Food Safety and Inspection Service 

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