iiiii United States Department of A!:!riculture 

Food Safety and 

Inspection Service 

Office of Field Operations 

Philadelphia District 

Mellon Independence 

Center, 

701 Market Street Suite 

4100-A 

Philadelphia, PA 19106 

Hand Delivered by SPHV 

Electronically Submitted on March 1, 2023 

FedEx Tracking: 

771444184887 

March 01, 2023 

Mr. Nicholas Phillips, Vice President of Operations 

Gold Medal Packing (Est. M17965) 

8301 River Road 

Rome, New York 13440 

NOTICE OF SUSPENSION 

Dear Mr. Phillips, 

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 Gold Medal 

Packing Inc., Establishment M17965 located at 8301 River Road, Rome, New 

York 13440. This letter follows verbal notification of the suspension action, 

provided by Mr. Joseph Schein, Deputy District Manager (DDM) to Mr. Dave 

Anguzza, General Manager (Est. M17965) at approximately 1030 hours on 

Wednesday, March 1, 2023. This action includes all 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 Federal Meat Inspection Act (FMIA) [21 U.S.C. 603 sec. 3. (b)] states, “for 

the purpose of preventing the inhumane slaughtering of livestock, the Secretary 

shall cause to be made, by inspectors appointed for that purpose, an examination 

and inspection of the method by which cattle, sheep, swine, goats, horses, mules, 

or other equines are slaughtered and handled in connection with slaughter in the 

slaughtering establishments inspected under this Act. The Secretary may refuse 

to provide inspection to a new slaughtering establishment or may cause 

inspection to be temporarily suspended at a slaughtering establishment if the 

Secretary finds that any cattle, sheep, swine, goats, horses, mules, or other 
 

 

 

 

 

 

 

 

 

equines have been slaughtered or handled in connection with slaughter at such 

establishment by any method not in accordance with Sections 1901 to 1906 of Title 7 

until the establishment furnishes assurances satisfactory to the Secretary that all 

slaughtering and handling in connection with slaughter of livestock shall be in 

accordance with such a method.” In addition, under prohibited acts, 21 U.S.C. 610 sec 

10 (b), “No person, firm or corporation shall, with the respect to any cattle, sheep, swine, 

goats, horses, mules, and other equines, or any carcasses, parts of carcasses, meat or meat 

food products of any such animals slaughter or handle in connection with slaughter any 

such animals in any manner not in accordance with sections 1901 to 1906 of Title 7.” 

Under the authorities of the FMIA, FSIS has prescribed rules and regulations required for 

establishments producing meat products, including the requirements pertaining to 

Sanitation Performance Standards (SPS), Sanitation Standard Operating Procedures 

(SSOP), Hazard Analysis and Critical Control Point (HACCP) 9 CFR Parts 416, 417, and 

other matters. FSIS has also developed Rules of Practice regarding the enforcement 

action that it may take and includes 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. 

Findings/Basis for Action 

On Wednesday, March 01, 2023, based on observations made by the Consumer Safety 

Inspector (CSI), the following noncompliance was documented in Noncompliance 

Record JRF4907030901N: 

HATS Category IX—Conscious Animals on the Rail: At approximately 0720 hours on 

03/01/2023, the following livestock humane handling noncompliance was observed. 

Upon entering the pen area, a bob veal calf was observed to be conscious on the rail. The 

animal was shackled and hoisted and on the rail prior to being stuck for the bleed. The 

calf had coordinated head movement and both eyes were focused and blinking. I notified 

the pen area employee, who then retrieved a hand-held captive bolt and immediately 

rendered the calf unconscious with an effective use of the stunning device. The calf was 

then stuck and bled after being rendered unconscious. This is a failure of 9 CFR 

313.15(a)(3) which states, “Immediately after the stunning blow is delivered the animals 

shall be in a state of complete unconsciousness and remain in this condition through-out 

shackling, sticking and bleeding". U.S. Reject tag #B40617912 was applied to the bob 

veal restraint chute opening. While the plant has a robust systematic approach to humane 

handling, it was not being implemented properly as FSIS IPP had to notify plant 

personnel of the conscious animal on the rail.” 

On September 9, 2004, FSIS published "Humane Handling and Slaughter Requirements 

and the Merits of a Systematic Approach to Meet Such Requirements" (69 Fed. Reg. 

54625). On September 24, 2020, FSIS released FSIS Directive 6900.2 Revision 3, 

"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 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

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. 

Although your establishment has previously developed and implemented a systematic 

approach to humane handling that was considered robust, you have failed to effectively 

implement your program accordingly. 

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 Acts. Evidence 

demonstrates your failure to meet regulatory requirements addressed in 9 CFR 

313.15(a)(3), 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 

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: 

Melissa Moore 

Executive Associate for Regulatory Operations 

Office of Field Operations 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room1222 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: melissa.moore1@usda.gov 

Phone: (202) 450-0330 

Pursuant to 9 C.F.R. 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 (OIEA) 

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 regarding this matter, please feel free to contact Mr. Joseph 

Schein, DDM, via electronic mail at joseph.schein@usda.gov or by telephone at (267) 

355-9761. Additionally, you can contact the Philadelphia District Office at (800) 637-

6681or by fax at (215) 597-4217. 

Sincerely, 

Digitally signed by JASON JASON ORLANDO 

Date: 2023.03.01 ORLANDO 14:55:40 -05'00' 

Mr. Jason Orlando 

District Manager 

An Equal Opportunity Provider and Employer 
Cc: 

Ms. Melissa Moore, EARO, FSIS, OFO, Washington, DC 

Mr. Jason Orlando, DM, FSIS, OFO, Philadelphia Disti·ict Office 

Mr. Joseph Priore, RD, FSIS, OIEA, Northeast Region 

Mr. Jose h Schein, DDM, FSIS, OFO, Philadelphia Disu-ict Office 

, SEIAO OFO Philadelphia District Office 

DCS, OFO, Philadelphia Disti·ict Office 

, DVMS, FSIS, OFO Philadelphia District Office 

DVMS, FSIS, OFO Philadelphia Disti·ict Office 

, FLS, FSIS, OFO, Philadelphia Disu-ict 

SPHV, FSIS, OFO, Philadelphia Disti-ict 

1cia F1 es Establishment Folder - Est. 17965 

FSIS - FO/Quarterly Enforcement Report 

An Equal Opportunity Provider and Employer