USDA 

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________________________________________________________________________________________________________ 

United States Department of Agriculture 

April 26, 2023 

JMF Slaughter (Mobile Unit) 

Establishment M47369 ELECTRONIC MAIL on April 26, 2023 

835 Chileno Valley Road 

Petaluma, CA 94952 

Email: jmfslaughter@yahoo.com 

Telephone Number: (707) 888-3388 

Attention: John Manuel Fagundes, Owner 

NOTICE OF REINSTATEMENT 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 JMF Slaughter (Mobile Unit), Establishment M47369, located at 835 

Chileno Valley Road Petaluma, CA 94952. This letter follows verbal notification of the 

suspension action, provided by Virginia Felix, Deputy District Manager (DDM), to you, Mr. 

John Fagundes, Owner, at approximately 1545 hours on April 25, 2023. This action includes 

your Slaughter Hazard Analysis Critical Control Point (HACCP) process 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). This is based on the determination that 

your establishment did not handle or slaughter animals humanely in accordance with Title 9 CFR 

313.30(a)(4). 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). 

These observations indicate that the corrective actions and preventative measures you proffered 

in your response to the Notice of Suspension (NOS) initiated on February 13, 2023, which was 

also issued for your establishment’s failure to handle or slaughter animals humanely, were 

ineffective and/or not implemented. 

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. 

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John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

JMF Slaughter (Mobile Unit), Est. M47369 April 26, 2023 

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 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 April 25, 2023, at 1247 hours while observing Humane Handling Activities Tracking System 

(b) (6)

(HATS) Category VIII - Stunning Effectiveness, the Consumer Safety Inspector (CSI) observed 

, Stunning Operator, had a market swine loaded in the restrainer to be 

electrically stunned. The wooden board, which was proffered in response to the Notice of 

Suspension issued on February 13, 2023, was placed against the animal. Behind the animal, 

another employee was holding a plastic hog board in order to reduce movement. The stunner 

applied the first electric shock to the animal’s head and effectively rendered it unconscious. The 

animal went down immediately after the wand was removed, and was convulsing with the 

forelimbs extended and there was no vocalization or eye tracking. Your employee pulled the 

animal from the restrainer so that the chest stun could be subsequently applied. 

The CSI observed that

(b) (6)

 tried to apply the chest stun but was unable to make contact 

with the chest due to the animal’s reflexive kicking movements while unconscious. The CSI 

then observed the animal regain consciousness, stand up without difficulty, and walk at a normal 

speed towards

(b) (6)

 the office area, approximately 20 feet away. While a second operator restrained 

the animal, took the captive bolt stunner and applied a stun, effectively rendering 

the animal unconscious as it went down with no signs of vocalization or eye tracking. 

The CSI notified you, Mr. John Fagundes, Owner, that no further stunning would be allowed due 

to the inhumane handling of livestock. The CSI applied U.S. Rejected tag # B45136920 to the 

restrainer to stop further stunning of animals. 

An Equal Opportunity Provider and Employer Page 2 of 6 
 

 

 

John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

JMF Slaughter (Mobile Unit), Est. M47369 April 26, 2023 

This is an egregious act of inhumane handling of animals in connection with slaughter, as the 

stunned animal did not remain in a state of surgical anesthesia. Your establishment does not 

currently have a Robust Systematic Approach for humane handling and slaughter of livestock. 

This is a violation of Title 9 CFR 313.30(a)(4), which states, “The stunned animal shall remain 

in a state of surgical anesthesia through shackling, sticking, and bleeding.” This constitutes 

failure to adhere to the regulatory requirements of the humane handling and slaughter of 

livestock, as required by the Federal Meat Inspection Act, 21 U.S.C. 603(b), the Humane 

Methods of Slaughter Act, and the regulations promulgated thereunder. 

These ongoing repetitive and reoccurring findings of failing to handle or slaughter animals 

humanely indicate that your proffered corrective actions in response to the previous Notice of 

Suspension (NOS) issued on February 13, 2023, have failed to effectively address the 

noncompliance. 

Previously, on February 13, 2023, the Alameda District Office notified your establishment of the 

withholding of the marks of inspection and suspension of the assignment of inspectors at your 

facility in accordance with 21 U.S.C. 603 and Title 9 Code of Federal Regulations (CFR) Part 

500.3(b). This action was initiated due to your firm’s similar failure to maintain or implement 

required controls to prevent the inhumane handling and slaughter of a market swine at your 

establishment and to appropriately handle animals in accordance with Title 9 CFR 313.15(a)(1). 

These events were in violation of 21 U.S.C. 603(b) of the Federal Meat Inspection Act, the 

Humane Methods of Slaughter Act of 1978, and the regulations promulgated thereunder. This 

previous incident on February 13, 2023, involved the animal’s movements which prevented 

employees from stunning, which is similar to the current incident. 

In response to the NOS, your establishment submitted corrective actions from February 13, 2023, 

through February 15, 2023. As detailed in your verification plan dated February 16, 2023, your 

establishment proffered to perform maintenance and repairs on your captive bolt gun, reduce the 

space for hog stunning, and conduct employee training. As stated in the Notice of Suspension 

Held in Abeyance verbally issued on February 14, 2023, and dated February 16, 2023, your 

establishment’s failure to comply with regulatory requirements or effectively implement your 

commitments and agreements, may result in the reinstatement of the suspension of inspection in 

your establishment. 

However, the latest findings of inhumane handling indicate your corrective actions as proffered 

and implemented have failed to prevent the recurrence of the noncompliance. 

FSIS inspection program personnel (IPP) have also documented noncompliance regarding 

inhumane handling for market swine. 

• On March 1, 2023, the Supervisory Public Health Veterinarian (SPHV) documented NR# 

OZK5814030401N, for your establishment’s failure to effectively stun a market swine in 

accordance with Title 9 CFR 313.15(a)(1). While conducting slaughtering of market 

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John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

JMF Slaughter (Mobile Unit), Est. M47369 April 26, 2023 

swine in your restrainer, your employees attempted to apply a captive bolt stun to the 

animal but were unsuccessful during the first attempt. Your establishment explained that 

you believed it was unsuccessful due to the animal moving its head. As described in the 

NR, the animal was moving freely and pushing up against a wooden board multiple times 

and dodging employee attempts to stun it. The wooden board was a measure you had 

proffered in response to the NR, to reduce space for hog stunning. Similar to the 

previous incident occurring on February 13, 2023, as well as during this most recent 

incident on April 25, 2023, stunning could not be conducted due to the animal’s 

movements. 

Moreover, FSIS IPP issued the following Memoranda of Interview (MOIs) during the abeyance 

period, related to your failure to implement your proffered corrective actions in response to the 

NOS. 

Specifically, you had proffered to conduct daily management review of your “Stunner PM Log.” 

FSIS IPP documented four MOIs as listed below for your failure to conduct this review. 

• MOI# OZK4018021823G, dated February 23, 2023 

• MOI#OZK2707021328G, dated February 28, 2023 

• MOI# OZK4615031808G, dated March 8, 2023 

• MOI# OZK5014031117E, dated March 17, 2023 

On February 24, 2023, the Alameda District management team contacted you via electronic mail 

(e-mail) regarding your establishment’s failure to abide by the commitments you made in 

response to the NOS, issued on February 13, 2023. 

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 "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 robust written humane handling program for consideration. While you 

maintain a systematic approach to humane handling, that approach is not considered robust, as 

was discussed with you in November 2021. Furthermore, during an open humane handling 

enforcement action, animal welfare programs are no longer considered robust. As discussed, 

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John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

JMF Slaughter (Mobile Unit), Est. M47369 April 26, 2023 

your establishment was currently operating under an abeyance period for the NOS issued on 

February 13, 2023, when the most recent egregious event occurred on April 25, 2023. 

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 313.30 (a)(4), 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: 

Sherri N. Johnson, 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 1330A 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: sherri.johnson@usda.gov 

Phone: (202) 379-6196 

An Equal Opportunity Provider and Employer Page 5 of 6 
John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

JMF Slaughter (Mobile Unit), Est. M47369 April 26, 2023 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this dete1mination. 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 dete1mination, 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: AEBCoITespondence@usda.gov 

If you have any questions, please call the Alameda District Office at (5 10) 769-5712, by fax at 

(844) 622-0081, or via electronic mail at AlamedaDistrictOffice@usda.gov. 

Sincerely, 

Isl Virginia Felix, D VM 

Deputy District Manager 

(for) 

William Griffin 

District Manager 

cc: S. Johnson EARO liiiiiiiiliiiii

~i

,Humane Handling Enforcement Coordinator 

onal Director 

V. Felix, DDM 

F. Gillis, DDM 

G. Abreu DDM 

, SEIAO 

DCS 

Acting DVMS 

Acting FLS 

,EIAO 

ITC, SPHV at Est. M47369 

FO/Quarterly Repo1is 

An Equal OWortunity Provider and Employer Page 6 of 6