Mr. Robert Hernandez, Owner Notice of Suspension
Modern Heritage Foods, LLC, M47877 June 22, 2023

Melissa Moore,
Executive Associate for Regulatory Operations
Office of Field Operations
Food Safety and Inspection Service
United States Department of Agriculture
SB, Room 344-E
1400 Independence Avenue, SW
Washington, DC 20250
Email: Melissa.Moore@usda.gov
Phone: (202) 450-0330

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this determination. Should
you request a hearing, FSIS will file a complaint that will include a request for an expedited
hearing. If you wish to request a hearing regarding this determination, please contact:

Scott C. Safian, Director
Enforcement Operations Staff (EOS)
Office of Investigation, Enforcement and Audit (OIBA)
Food Safety and Inspection Service
United States Department of Agriculture
Stop Code 3753, SB - Room 2148
1400 Independence Avenue, SW
Washington, DC 20250
Telephone: (202) 418-8872
Facsimile: (202) 245-5097

E-mail: AEBCorrespondence@usda.gov

If you have any questions, please contact Dr. Phyllis Adams via telephone at (404) 562-5900 or
via electronic mail at Phyllis.Adams@usda.gov. Additionally, you can contact the Atlanta
District Office at (404) 562-5900 or by fax at (404) 562-5877.

ollie

Dr.Phyllis Adams
District Manager

Sincerely,

An Equal Opportunity Provider and Employer



Mr. Robert Hernandez, Owner Notice of Suspension
Modern Heritage Foods, LLC, M47877 June 22, 2023

the humane handling of livestock to include the four components of a robust systematic approach
to humane handling.

When an establishment maintains a robust humane handling program, FSIS can exercise
regulatory discretion when an inhumane handling or slaughter incident is observed. You do not
currently maintain a written humane handing program for consideration.

Summary and Conclusion

Provisions of the FMIA outline FSIS’ ability to refuse to render inspection and indefinitely
withdraw inspection from an establishment, provided the establishment is afforded the right to an
administrative hearing, when conditions exist where the slaughter and/or handling of livestock
was not by a method in accordance with the Act(s). Evidence demonstrates your failure to meet
regulatory requirements addressed in 9 CFR 313.15 (a1), 9 CFR 313.15(a)(3), 9 CFR
313.15(b)(1)(i), 9 CFR 313.15(b)(1)(iv), and 9 CFR 313.15(b)(2)(), constituting a violation of
the humane slaughter requirements, and supporting the conclusion that your handling of livestock
violated the provisions of the FMIA and HMSA.

Please provide a written response, inclusive of written corrective action and preventative
measures, by addressing the following:
¢ Evaluate and identify the nature, cause of the incident.
* Describe the specific actions taken to eliminate the cause of the incident and prevent
future recurrences,
* Describe specific monitoring activities planned to ensure future compliance.
¢ Provide any supporting documentation and records maintained and/or associated with
the proposed corrective actions and preventative measures.

A determination of further administrative action will be made upon receipt and review of your
submitted corrective actions and preventative measures. You are reminded that, as an operator of
a federally inspected establishment, you are expected to comply with FSIS regulations and to take
appropriate corrective actions to prevent the production of or adulterated products at your
establishment. Please be advised that your failure to respond adequately to these issues may result
in our initiating action to withdraw inspection from your establishment.

Appeal and Hearing Rights

You have the right to appeal this matter and can do so by contacting:

‘An Equal Opportunity Provider and Employer



Mtr. Robert Hernandez, Owner Notice of Suspension
Modern Heritage Foods, LLC, M47877 June 22, 2023

ce: Melissa Moore, EARO

Phyllis Adams. DM
CT 0: Handling Enforcement Coordinator

OIEA Regional Director
Edward Hepburn, DDM
Barney Welch, DDM

Tracy Bryant, DDM
IGE 11.40

has >
DVMS

PHY at M47877
FO/Quarterly Reports

An Equal Opportunity Provider and Employer



Food Safety and
Inspection Service

Office of Field
Operations

Atlanta District Office
100 Alabama St., SW.
Suite 3R9O0

Atlanta, GA. 30303

Phone; 404-562-5900
Fax: 404-662-5877
Toll Free:
800-282-7005

United States Department of Agriculture

June 22, 2023

Modern Heritage Wholesome Foods, LLC

M47877 FEDEX TRACKING NUMBER
2110 NE 63” Street 77252656033

Ocala, FL 34479

outlook.com

(404) 520-3912
Attention: Mr. Robert Hernandez, Owner

NOTICE OF SUSPENSION

This letter serves as official notification by the Food Safety and Inspection Service
(FSIS) of our decision to withhold the federal marks of inspection and suspend the
assignment of Inspection Program Personne] (IPP) at Modern Heritage Wholesome
Foods, LLC., located at 2110 NE 6" Street, Ocala, FL_34479. This letter follows verbal
notification of the suspension action, provided by District
Veterinary Medical Specialist, to Mr. Robert Hernandez, Owner at approximately
3:08PM on June 21, 2023. This action includes your Slaughter Hazard Analysis Critical
Control Point (HACCP) processes employed at your establishment.

The decision to institute this enforcement action is in accordance with Title 9 of the
Code of Federal Regulations (CFR), Rules of Practice 500.3(b), based on the
determination that your establishment did not handle or slaughter animals humanely.
The evidence demonstrates failure to comply with the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 603), the Humane Methods of Slaughter Act (HMSA) (7 U.S.C.
1901 et seq.), and the regulatory requirements (9 CFR Part 313).

Background/Authority

The FMIA (21 USC 601 ef seg.) provides it is essential to the public interest that the
health and welfare of consumers be protected, by assuring meat products distributed to
them are wholesome, not adulterated, and properly marked, and labeled. The Act gives
FSIS the authority, as designated by the Secretary of Agriculture, to prescribe rules and
regulations describing sanitation requirements for inspected establishments and provide
FSIS program personnel the authority to refuse to allow meat/meat food products to be
marked, labeled, stamped, or tagged as inspected and passed, to prevent the entry of
adulterated products into commerce. Furthermore, the FMIA provides PSIS the
authority to appoint inspectors to examine and inspect the method by which livestock
are slaughtered and handled at slaughtering establishments.

The HMSA provides that Congress finds that the use of humane methods in the
slaughter of livestock prevents needless suffering; results in safer and better working
conditions for persons engaged in the slaughtering industry; brings about improvement
of products and economies in slaughtering operations; and produces other benefits for
producers, processors, and consumers which tend to expedite an orderly flow of
livestock and livestock products in interstate and foreign commerce. It is therefore

An Equal Opportunity Provider and Employer



Mr. Robert Hernandez, Owner Notice of Suspension
Modern Heritage Foods, LLC, M47877 June 22, 2023

declared to be the policy of the United States that the slaughtering of livestock and the handling
of livestock in connection with slaughter shall be carried out only by humane methods.

Under the authority of the Acts, FSIS has prescribed rules and regulations required for
establishments slaughtering and handling livestock, as required by 9 CFR Part 313. FSIS has also
developed the Rules of Practice regarding administrative enforcement, 9 CFR Part 500. The
Rules of Practice describe the types of enforcement actions that FSIS may take and include
procedures for taking a withholding action and/or suspension, with or without prior notification,
and for filing a complaint to withdraw a grant of inspection. Specifically, 9 CFR 500.3(b) states
that FSIS may impose a suspension without providing prior notification due to handling or
slaughtering of animals inhumanely.

Findings/Basis for Action

This Notice of Suspension is based on your establishment being in violation of 9 CFR 313.15
(a)(1), 9 CFR 313.15(a)(3), 9 CFR 313.15(b)(1)(i), 9 CFR 313.15(b)(1)(iv), and 9 CFR
313.15(b)(2)(i)

9 CFR 313.15 (a)(1) states: The captive bolt stunners shall be applied to the livestock in
accordance with this section so as to produce immediate unconsciousness in the animals before
they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner
that they will be rendered unconscious with a minimum of excitement and discomfort.

9 CFR 313.15(a)(3) states: Immediately after the stunning blow is delivered the animals shall be
in a state of complete unconsciousness and remain in this condition throughout shackling,
sticking and bleeding.

9 CFR 313.15(b)(1)(i) states: Acceptable captive bolt stunning instruments may be either skull
penetrating or nonpenetrating. The latter type is also described as a concussion or mushroom
type stunner, Penetrating instruments on detonation deliver bolts of varying diameters and
lengths through the skull and into the brain. Unconsciousness is produced immediately by
Physical brain destruction and a combination of changes in intracranial pressure and
acceleration concussion. Nonpenetrating or mushroom stunners on detonation deliver a bolt with
a flattened circular head against the external surface of the animal's head over the brain,
Diameter of the striking surface of the stunner may vary as conditions require. Unconsciousness
is produced immediately by a combination of acceleration concussion and changes in
intracranial pressures. A combination both penetrating and nonpenetrating principles is
acceptable. Energizing of instruments may be accomplished by detonation of measured charges
of gunpowder or accurately controlled compressed air. Captive bolts shall be of such size and
design that, when properly positioned and activated, immediate unconsciousness is produced.

An Equal Opportunity Provider and Employer



Mr. Robert Hernandez, Owner Notice of Suspension
Modern Heritage Foods, LLC, M47877 June 22, 2023

9 CFR 313.15(b)(1)(iv) states: The stunning operation is an exacting procedure and requires a
well-trained and experienced operator. He must be able to accurately place the stunning
instrument to produce immediate unconsciousness. He must use the correct detonating charge
with regard to kind, breed, size, age, and sex of the animal to produce the desired results.

9 CFR 313.15(b)(2)(i) states: Choice of instrument and force required to produce immediate
unconsciousness varies, depending on kind, breed, size, age, and sex of the animal. Young swine,
lambs, and calves usually require less stunning force than mature animals of the same kind.
Bulls, rams, and boars usually require skull penetration to produce immediate unconsciousness.
Charges suitable for smaller kinds of livestock such as swine or for young animals are not
acceptably interchanged for use on larger kinds or older livestock, respectively,

Specifically, on Wednesday June 21, 2023, at approximately 11:40AM while verifying the
establishment's stunning procedures, Inspection Program Personnel (IPP) observed the following
humane handling noncompliance at Modern Heritage Wholesome Foods, LLC, establishment #
M47877. An establishment employee attempted to stun a bull with a hand-held captive bolt. The
captive bolt discharged and IPP observed the bull still standing. The bull was looking at the
establishment employees through a hole in the knock box. The backup captive bolt was quickly
used to attempt to stun the bull again. The captive bolt discharged, but the animal remained
conscious, standing in the knock-box. The two captive bolts were alternated with a total of five
attempts to stun the bull. After these attempts were ineffective, the establishment employee used
a 9 mm pistol to shoot the bull. After the shot, the bull dropped to the ground, had no eye
movement, and was not rhythmically breathing. The bull was immediately bled by another
employee. U.S. Rejected Tag No. B40476170 was applied to the knock-box.

On postmortem examination, IPP examined the head after the bull was bled out. IPP observed
four circular depressions in the skin around the middle of the forehead above the eyes. When the
head was skinned, IPP observed two small, circular holes and one larger hole in the middle of the
forehead where the skull was penetrated. IPP also observed a semicircular hole at the bottom of
the larger hole that was a fourth point of penetration. The establishment does not have a robust,
systematic approach to humane handling. Mr. Robert Hernandez, Plant Owner was notified of the
incident.

On September 9, 2004, FSIS published "Humane Handling and Slaughter Requirements and the
Merits of a Systematic Approach to Meet Such Requirements" in the Federal Register (69 FR
54625). On September 24, 2020, FSIS released FSIS Directive 6900.2 Revision 3, entitled,
"Humane Handling and Slaughter of Livestock." Additionally, on October 23, 2013, FSIS
introduced new guidance, titled "SIS Compliance Guide for a Systematic Approach to the
Humane Handling of Livestock." Within the guidance material is information intended to better
ensure the humane treatment of livestock presented for slaughter. The guidance material provides
a set of practices designed to minimize excitement, discomfort, and accidental injury regarding

An Equal Opportunity Provider and Employer