-

USDA 

... 

United States Department of Agriculture 

---

-

Colorado Lamb Processors 

(b) (6)

Food Safety and 

Inspection Service March 28, 2023 

Office of Field SENT VIA ELECTRONIC MAIL Operations 

Denver District Office 

, Establishment Administrator 

1 Denver Federal 

Center, Bldg. 45 Establishment M47194 P.O. Box 25387 

Denver, CO 80225 1625 Agripark Rd 

(b) (6)

Brush, CO 80723 

Voice (303) 236-9800 @cololamb.com 

Fax (303) 236-9794 

NOTICE OF INTENDED ENFORCEMENT (NOIE) 

Dear 

(b) (6)

This letter serves as official notification by the Food Safety Inspection Service (FSIS) 

of its intent to withhold the marks of inspection and suspend the assignment of FSIS 

Inspection Program Personnel (IPP) at your establishment, Colorado Lamb Processors, 

Establishment M47194, located in Brush, Colorado. Dr. Robert Reeder, District 

Manager, verbally notified you of the Notice of Intended Enforcement (NOIE) on 

March 28, 2023. The decision to issue this notification was made in accordance with 

Title 9 of the Code of Federal Regulations (9 CFR) Part 500.3(b) (Rules of Practice), 

based on your failure to meet regulatory requirements regarding livestock humane 

slaughter at your establishment. 

Background Authority 

The Federal Meat Inspection Act (FMIA), Title 21 of the United States Code (21 USC) 

Section 603(b), provides for the purpose of preventing the inhumane slaughtering of 

livestock. The FMIA gives FSIS the authority, as designated by the Secretary of the 

Department of Agriculture, to prescribe rules and regulations describing examinations 

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

other equines are slaughtered in the establishments inspected under the FMIA. The 

FMIA also provides FSIS Program personnel the authority to suspend operations at a 

slaughtering establishment if FSIS finds that any cattle, sheep, swine, goats, horses, 

mules or other equines have been slaughtered or handled in connection with slaughter 

at such establishments by any method not in accordance with the Humane Methods of 

Slaughter Act (HMSA) of August 27, 1958 (72 Statute 862; Title 7 USC, Sections 

1901-1906), until the establishment furnishes FSIS with satisfactory assurances that all 

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

accordance with such methods. 

Under the authorities of these Acts, FSIS has prescribed rules and regulations required 

for the humane slaughtering of livestock, contained in Title 9 CFR Part 313. FSIS has 

also developed Rules of Practice regarding enforcement prescribed in 9 CFR Part 500. 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

Colorado Lamb Processors, M47194 Notice of Intended Enforcement 

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, as 

well as the procedures for filing a complaint to withdraw a Grant of Federal Inspection. 

Finding/Basis for Action 

On March 28, 2023, the FSIS Supervisory Public Health Veterinarian (SPHV) documented in a 

Noncompliance Record (NR) the following event at Est. M47194: 

“HATS Category VIII: Stunning Effectiveness 

While completing a Livestock Humane Handling Task at Colorado Lamb Processors on March 

28, 2023 at approximately 11:32am, I, the SPHV, observed a conscious lamb sitting upright and 

looking around while on the conveyer in front of the sticker, during Halal slaughter, that utilizes 

electrical stunning before cutting the throat of the animals for bleeding. [The lamb should have 

arrived in a stunned unconscious state at this point in the slaughter process.] The sticker and the 

employee in charge of bringing the animals down the conveyer motioned for the SPHV to come 

assist with the situation. Upon arriving at the bleeding conveyer, the aforementioned employees 

asked the SPHV what to do. The sticker at this point in time was exclaiming that there had been 

an initial electrical current stun delivered to the animal, however the animal did not appear to 

be in distress, as it was calmly sitting sternal on the table while chewing cud, eyes tracking, and 

blinking. The SPHV informed the employees to contact their supervisor and that the animal 

would need to be rendered insensible as soon as possible, either by placing the animal back in 

line for electrical stunning or with their backup hand-held captive bolt (HHCB) device, in order 

to proceed with the slaughter day. The Hide-On Supervisor arrived at the bleeding conveyer, 

while loading the backup HHCB device, and delivered stun #2 to the animal while the animal 

was sitting sternal on the conveyor in front of the sticker and restrained manually by firmly 

grasping the left ear and mandible, which the animal struggled against. Following the stun, the 

SPHV observed the animal remain upright on the table, blinking, chewing cud, with blood 

pouring out of its nose. At this time, the SPHV advised the Hide-On Supervisor to deliver another 

stun immediately. After reloading the HHCB device, a third stun (second HHCB stun) was 

delivered to the animal. The animal continued to remain upright, this time showing more signs of 

distress by moving its head around quickly. The SPHV assessed the blinking reflex by touching 

the cornea, and the animal responded by repeatedly blinking, rhythmically breathing, still 

bleeding through its nose but not vocalizing. The Slaughter Floor Manager arrived at the 

location of the animal, reloaded the HHCB device and delivered a 4th stun (third HHCB stun) to 

the animal, rendering the animal unconscious. 

The SPHV verbally notified the Slaughter Floor Manager that a Regulatory Control Action 

would be taken by placing a US Reject tag B41418881on the restrainer, and that no more lambs 

should be stunned until the floor was released, but all stunned animals could be run through to 

the cooler. Upon inspection of the dressed head, three penetrating stun holes were observed. 

The Denver District Management Team was notified through supervisory channels. This 

noncompliance is being associated with MOI#GXL2215015926G issued on 1/26/2023. This 

establishment operates under a robust systematic approach to livestock humane handling.” 

2 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Colorado Lamb Processors, M47194 Notice of Intended Enforcement 

Summary 

This event is a noncompliance of regulatory requirements in: 

• Title 9 CFR 313.2(f) - Stunning methods approved in 313.30 shall be effectively applied 

to animals prior to their being shackled, hoisted, thrown, cast or cut. 

• Title 9 CFR 313.15(a)(1) - 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. 

• Title 9 CFR 313.15(b)(1)(iii) - The stunning area shall be so designed and constructed as 

to limit the free movements of animals sufficiently to allow the operator to locate the 

stunning blow with a high degree of accuracy. All chutes, alleys, gates and restraining 

mechanisms between and including holding pens and stunning areas shall be free from 

pain-producing features such as exposed bolt ends, loose boards, splintered or broken 

planking, and protruding sharp metal of any kind. There shall be no unnecessary holes or 

other openings where feet or legs of animals may be injured. Overhead drop gates shall 

be suitably covered on the bottom edge to prevent injury on contact with animals. 

Roughened or cleated cement shall be used as flooring in chutes leading to stunning 

areas to reduce falls of animals. Chutes, alleys, and stunning areas shall be so designed 

that they will comfortably accommodate the kinds of animals to be stunned.” 

The decision to issue a NOIE in lieu of a Notice of Suspension (NOS) is based on your 

establishment implementing a robust systematic approach to humane handling of livestock. 

You are required to proffer the Denver District Office a written response of your analysis of the 

event, corrective actions and preventative measures within three (3) working days from the receipt 

of this letter, no later than the close of business, March 31, 2023. Your response should include: 

• A written description of the incident. 

• The root cause of the incident. 

• Your immediate corrective actions. 

• Your specific corrective actions to prevent reoccurrence of the noncompliance. 

• Any training or retraining of employees you plan to provide, including materials you’re 

planning to use. 

• Any monitoring procedures, including any documentation records. 

Based on your response, FSIS will determine further action, if any, is necessary. In addition, failure 

to respond to this NOIE and failure to assure that you handle and slaughter animals at your 

establishment humanely, in accordance with the statutory and regulatory requirements, may result 

in further administrative enforcement actions. 

In accordance with Title 9 CFR 500.5(b)(4), you may appeal this action by contacting: 

3 
Colorado Lamb Processors, M47 l 94 Notice ofIntended Enforcement 

Paul Wolseley, Executive Associate for Regulatory Operations 

OFO, FSIS, USDA 

1400 Independence Avenue, SW 

SB, Room 3160 

Washington, DC 20250 

Email: Paul. Wolseley@usda.gov 

Phone: (202) 937-4761 

Ifyou have any questions regarding this matter, you may contact the Denver Disti·ict Office at 

(303)236-9800. 

Sincerely, 

DigiuJty signed by ROBERT 

ROBERT REEDER

Date: 2023.03.28 15:54:31 .{)6W 

Dr. Robe1t Reeder 

Disti·ict Manager 

USDA FSIS OFO 

Denver Disti·ict Office 

Robert.Reeder@usda.gov 

cc: FO/QER 

P. Wolseley, EARO 

R. Reeder, DM 

D. James, DDM 

J. Monteverde, DDM 

J. VanHook, DDM 

SPHV 

SCSI 

CSI 

, DVMS 

DVMS 

, DCS 

S. Baucher, RD/OIEA 

4