iiiiii 

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United States Department of Agriculture 

August 15, 2023 

Blue Ridge Meats of Front Royal 

M6526 ELECTRONIC MAIL on AUGUST 15, 2023 

2391 Guard Hill Road 

@aol.com 

Middletown, VA 22645-3957 

(b) (6)

540-636-6050 

Attention: Douglas Aylestock, 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 Personnel (IPP) at Blue Ridge Meats of Front Royal, M6526, located at 2391 Guard Hill 

Road, Middletown, VA 22645. This

(b) (6)

 letter follows verbal notification of the suspension action, 

provided by CSI, to Douglas Aylestock, TITLE at approximately 0800 hours 

on August 15, 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 et seq.) 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 FSIS 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 declared to be the policy of the United States that the slaughtering of 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Douglas Aylestock, Owner Notice of Suspension 

Blue Ridge Meats of Front Royal August 15, 2023 

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 

On 8/15/2023 at approximately 0745 hours, Inspection Program Personnel (IPP) observed the 

ineffective stunning of a cow. The cow had been loaded into the knock box and its head was 

secured in a head catch. An employee (described as a Temporary Employee/Kill Floor Stunner) 

attempted to stun a cow using a Jarvis .25 caliber Cylindrical Captive pistol. The shot was placed 

at eye level on the animal's head, and the animal tensed for a moment but remained standing, held 

its head down and started to bleed from its nostrils. The cow continued to stand and showed other 

signs of consciousness, including tracking eye movement and rhythmic breathing. The employee 

then turned and retrieved the .22 Magnum caliber rifle that was ready nearby and fired at the animal 

again. The shot was again too low and appeared to have impacted between the animal's eyes. The 

cow tensed and held its head down while bleeding profusely from the nostrils and open mouth. 

The animal continued to stand and show other signs of consciousness including rhythmic breathing 

and tracking eye movement. The establishment owner walked up beside the head catch and 

pointed with his index finger and instructed the employee to "shoot here" while pointing at the 

center of the animal's head between the eyes and ears. The employee then reloaded the rifle and 

fired again (third attempt overall), effectively rendering the animal unconscious. IPP took a 

regulatory control action and applied US Reject tag #B41031595 to the knock box and informed 

the Owner of the noncompliance. Upon postmortem inspection of the head after the hide was 

removed, the impact of the captive bolt was about 3" in from the outside of the left eye socket as 

viewed from the from the front. The first .22 magnum rifle shot was another 1" in from the impact 

hole of the captive bolt. The second 22 magnum rifle shot (third shot overall) was centered in the 

forehead between the eyes and ears. 

This incident represents noncompliance with 9 CFR 313.15(a)(1), which states, in part: “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.” This incident is considered egregious because there 

were multiple stun attempts without an immediate corrective action and because an inexperienced 

employee performed the stunning operation. 

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 
 

 

 

 

 

 

 

 

 

 

 

 

 

Douglas Aylestock, Owner Notice of Suspension 

Blue Ridge Meats of Front Royal August 15, 2023 

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 "FSIS 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 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(a)(1), 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. 
Douglas Aylestock, Owner Notice ofSuspension 

Blue Ridge Meats of Front Royal August 15, 2023 

Appeal and Hearing Rights 

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

SheITi Johnson 

Executive Associate for Regulato1y Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Departm ent ofAgriculture 

SB, Room 3154 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: sheITi.johnson@usda.gov 

Phone: 202-379-6196 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this detennination. Should 

you request a hearing, FSIS will file a complaint that will include a request for an expedited hearing. 

Ifyou wish to request a hearing regarding this determination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff(EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaitment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCoITespondence@usda.gov 

Ifyou have any questions, please contact Todd Furey via telephone at 919-326-5281 or via 

electronic mail at todd.furey2@usda.gov. Additionally, you can contact Raleigh District Office 

at 919-844-8400 or by fax at 844-839-6359. 

Sincerely, 

Digitally signed by TODD TODD FUREY 

Date: 2023.08. 15 FUREY 11 :05:23 -04'00' 

Todd Furey 

District Manager 
Douglas Aylestock, Owner 

Blue Ridge Meats ofFront Royal 

cc: S. Johnson, EARO/FO 

L Ho1ie1i RD/CID/OIEA 

, HHEC/FO 

y, 0 

-R. Mmphy, DDM/RDO/FO 

M. Roling, DDM/RDO/FO 

A. Thompson, DDM/RDO/FO 

DCS/RDO/FO 

DVMS/RDO/FO 

, SEIAO/RDO/FO 

FLS/RDO/FO 

, CSI/RDO/FO 

Quaiierly Enforcement Repo1i 

Establishment File (Est. M6256) 

Notice ofSuspension 

August 15, 2023