UNITED STATES DEPARTMENT OF AGRICULTURE 


BEFORE THE ADMINISTRATOR 


FOOD SAFETY AND INSPECTION SERVICE 


In re: ) 

) 

Sultan Bhuiyan, and ) 

Bhuiyan Corporation, ) STIPULATION AND 

D/B/A Madina Live Poultry ) CONSENT AGREEMENT 

) 

Respondents ) 

The Food Safety Inspection Service (FSIS), U.S. Department ofAgriculture 

(USDA), hereinafter "Complainant'', commenced this administrative action on or about 

September 17, 2015, when FSIS personnel hand delivered a Notice oflneligibility for 

Custom Exempt Status (NOi) to Mr. Noural Hoq, on behalf ofMr. Sultan Bhuiyan and 

Bhuiyan Corporation, D/B/A Madina Live Poultry, 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 Poultry Products Inspection Act 

(PPIA) (21 U.S.C. § 451 et seq.), and the regulations promulgated thereunder due to 

Respondents' alleged failure to maintain their facility in a sanitary manner. The NOI, which 

was effective upon receipt, was issued in accordance with Section 23(c)(2) ofthe FMIA (21 

U.S.C. § 623(c)(2)), Section 15(f) ofthe PPIA (21 U.S.C. 464(f)), and Parts 303 and 381 of 

the Federal Meat and Poultry Inspection Regulations (9 C.F.R. §§ 303.1, and 381.10). 

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

entry ofthis Consent Agreement, hereinafter "Agreement," set forth below and have agreed 

to the following stipulations: 

1. For the purpose of settling this proceeding and for such purpose only, 

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Respondents admit the jurisdictional allegations ofthe above-mentioned NOI and both 

parties waive: 

(a) any further procedural steps in this proceeding; 

(b) any requirement that this Agreement 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 ofthis 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 USDA and its employees in connection with 

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

FINDINGS OF FACT 

1. Bhuiyan Corporation, D/B/A Madina Live Poultry, is now and at all times 

material herein was, operating as a custom exempt meat and poultry slaughter facility at 14 

South 4th Street, Landsdowne, Pennsylvania 19050. 

2. Mr. Sultan Bhuiyan is now, and at all times material herein was, the owner and 

operator ofBhuiyan Corporation, D/B/ A Madina Live Poultry. 

3. Bhuiyan Corporation, D/B/A Madina Live Poultry, and Mr. Sultan Bhuiyan 

operate under the custom exemption eligibility, pursuant to Section 23(a) ofthe FMIA (21 

U.S.C. § 623(a)), Section 15(c) ofthe PPIA (21 U.S.C. § 464(c)), and applicable federal 

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meat and poultry regulations (9 C.F.R. §§ 303.l and 381.10). 

4. In an NOI letter delivered on or about September 17, 2015, Respondents were 

notified that they were no longer eligible to operate under the custom exempt provisions of 

the FMIA and PPIA because of alleged violations of sanitation, facility, and other 

regulations, as required by 9 C.F.R. §§ 303.1 , 416 and 381.10. 

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 ofthe FMIA (21 U.S.C. §623) and 9 C.F.R. Part 303.1, and custom exempt 

poultry slaughter and processing privileges as provided under section 15 of the Poultry 

Products Inspection Act (PPIA) (21 U.S.C. § 464) and 9 C.F.R. Part 381.10, are terminated 

from Sultan Bhuiyan and Bhuiyan Corporation, D/B/A Madina Live Poultry, and its owners, 

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

corporate device, for a period oftwo (2) years. This termination ofexemption privileges 

shall be held in abeyance and custom exemption privileges shall be provided to 

Respondents, pursuant to Section 23 (a) ofthe FMIA, Section 15 (c) ofthe PPIA, and 9 

C.F.R. Parts 303.1, 381.10, and 416, provided all statutory and regulatory requirements and 

the additional conditions set forth in this Agreement are met. 

CONDITIONS 

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

verification and a satifactory determination by FSIS, Respondents shall demonstrate 

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compliance with the FSIS statutory and regulatory requirements including, but not limited 

to, 9 C.F.R. Parts 303.1, 381.10, and 416. FSIS will base their determination ofsatisfaction 

upon a review and examination of: (a) Respondents' written operational procedures and 

other programs and (b) the physical and sanitary conditions ofRespondent's facility. 

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

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

issues identified by PSIS at the time ofthe facility review conducted pursuant to paragraph 

1 ofthis Agreement. 

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

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

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

Sanitation Performance Standards (SPS) 

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

by PSIS, Respondents shall: 

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

issues, taking corrective and preventive 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 ofinsanitary conditions and practices; 

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

regulations (9 C.F.R. Parts 416.1to416.6); 

(c) ensure that meat, meat food products, poultry, and poultry products, that are 

prepared, packed, and stored on their premises are not contaminated or adulterated; and 

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

respect to the premises, facility, and/or equipment. 

5. Upon the resumption of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall comply with the requirements ofthe SPS regulations (9 C.F.R. 

416.l to 416.6). 

Sanitation Standard Operating Procedures (SSOP) 

6. Prior to the resumption of custom exemption privileges, and subject to verification 

by FSIS, Respondents shall 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. 

7. Upon the resumption of custom exemption privileges, and subject to verification 

ofFSIS, Respondents shall: 

(a) 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 

(b) implement, conduct, and maintain corrective and preventative actions, in 

accordance with 9 C.F.R. § 416.15. 

Planned Improvement Program (PIP) 

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

by FSIS, Respondents shall develop a written Planned Improvement Program (PIP) 

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designed to identify and correct non-compliance and to ensure that the entire structure of the 

facility, including 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 resumption of custom exemption privileges, and subject to verification 

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

Agreement, and document any findings of, and corrective actions taken to address, needed 

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 resumption ofcustom exemption privileges, and subject to 

verification by FSIS, Respondents shall develop a written pest management program, to be 

implemented and maintained by Respondents, 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) to 

ensure that: 

(a) Respondents review and service the facility and grounds on at least a daily 

frequency for any signs ofrodent and insect presence and activity; and 

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

and recommendations based on their review and service ofthe facility and grounds for any 

signs ofrodent and insect presence and activity. 

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

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

sufficient to prevent the creation ofinsanitary conditions and practices, to prevent the 

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harborage and breeding of pests, and to ensure that meat and poultry products prepared, 

packed, and stored at Respondents' facility are not contaminated or adulterated. 

Personnel and Training 

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

verification by FSIS, all of Respondents' officers, managers, and employees shall complete 

training in sanitation and sanitary dressing procedures and all programs required to be 

maintained under this Agreement. 

13. Respondents shall train and educate any new employee(s), consistent with the 

requirements ofthis Order, within thirty (30) calendar days of employment. 

14. Respondents shall conduct annual training for all officers, managers, and 

employees, current and new, who are involved in the slaughter of livestock and poultry and 

the preparation ofmeat and poultry food products, consistent with the regulatory 

requirements set forth in 9 C.F.R. §§ 303.1, and 416, and the requirements of this 

Agreement. 

15. Respondents shall document all training and education oftheir personnel 

conducted in accordance with paragraphs 12 through 14 ofthis Agreement, maintain 

training records and retain copies of all training and educational materials, and make these 

records and materials available to FSIS personnel for review and/or copying immediately 

upon request. 

Custom Exemption Requirements 

16. Respondents shall ensure that: 

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

loading and unloading, or during transportation; 

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

poultry 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. 

Poultry Exemption Requirements 

17. Ifconducting custom exempt poultry slaughter operations, Respondent shall 

ensure that the following poultry exemption requirements in 9 C.F.R. § 381.10 are met: 

(a) Respondents may not engage in the buying or selling of any poultry products 

capable of use for human food; 

(b) the slaughtered poultry must be for the personal use ofthe owner ofthe poultry 

and may not be sold or donated; 

(c) the shipping containers ofcustom slaughtered poultry products must bear the 

owner's name, address, and the statement "Exempted-P.L. 90-492"; and 

(d) only one poultry exemption shall be claimed during a calendar year. 

Humane Handling and Slaughter 

18. Respondents shall ensure that any cattle, sheep, swine, or goats slaughtered or 

handled in connection with slaughter at their facility comply with the Humane Methods of 

Slaughter Act (HMSA) of August 27, 1958 (7 U.S.C. §§ 1901-1906), 9 C.F.R. Part 313, and 

any Federal, state, or local laws regarding the humane treatment of animals. 

General Provisions 

19. Respondents shall not: 

(a) commit any felony or fraudulent act; 

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(b) violate any section ofthe FMIA, PPIA, and Federal, State, or local statutes or 

regulations involving the preparation, sale, transportation, distribution or attempted 

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

(c) assault, intimidate, impede, or interfere with, or threaten to assault, intimidate, 

impede, or interfere with any representative or designee ofthe Secretary ofAgriculture. 

20. Respondents shall make all records required to be maintained by the FMIA, 

PPIA, or regulations issued thereunder or this Agreement available to FSIS personnel for 

review and/or copying immediately upon request. 

21. Respondents shall fully and completely cooperate with any USDA or FSIS 

investigation, inquiry, review or examination of Respondents' (a) facility, products, 

inventory or records, (b) compliance with the FMIA, PPIA, or the regulations issued 

thereunder, or (c) compliance with this Agreement. 

22. The Administrator, FSIS, may summarily terminate custom exemption privileges 

from Respondents upon a determination by the Director, Enforcement and Litigation 

Division, Office ofInvestigation Enforcement and Audit, FSIS, that Respondents have 

failed to comply with 9 C.F.R. Parts 303.1, 381.10, and/or 416, or any requirement ofthis 

Agreement. It is acknowledged that Respondents retain the right to request an expedited 

hearing pursuant to the Adopted Rules ofPractice concerning any violation alleged as the 

basis for a summary termination of custom exemption privileges. 

23. The provisions ofthis Agreement shall be applicable for two (2) years and 

become effective when signed by all parties and upon the reinstatement of custom 

exemption privileges. 

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24. Nothing in this Agreement shall preclude any regulatory or administrative 

actions or the referral of any matter to any agency for possible criminal, civil, or 

administrative proceedings. 

Ifany provision ofthis Agreement is declared invalid, such declaration shall not 

affect the validity ofany other provision herein. 

~· Sultan Bhuiyan, owner 


Bhuiyan Corporation 


DIBI A Madina Live Poultry 


~13oe:_~ Thomas Bolick 

Office ofthe General Counsel 

Attorney for Complainant 

Issued this tj +L dayofj)e(.<!-Yll b e /'2015 

V. Almanza, A trator 

Foo Safety and Inspection Service 

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