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 

Electronically Submitted on April 26, 2023 

FedEx Tracking: 7719 6630 

7275 

April 26, 2023 

Mr. Samuel Rowse, Owner 

The Local Butcher LLC (Est. M45176) 

536 South Barnstead Road 

Center Barnstead, New Hampshire 03225 

newengla

(b) (6)

ndwagyu@gmail.com 

@aol.com 

(603) 813-2054 

NOTICE OF SUSPENSION 

Attention: Mr. Samuel Rowse, Owner 

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 The Local 

Butcher, LLC, Establishment M145176 located at 536 South Barnstead Road in 

Center Barnstead, New Hampshire 03225. This letter follows verbal notification 

of the suspension action, provided by Dr. Chelsea Buckley, Deputy District 

Manager (DDM) to Mr. Jacob Nickerson, Plant Manager (Est. M45176) at 

approximately 0900 hours on Thursday, April 26, 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 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 Thursday, April 26, 2023, based on observations made by the Consumer Safety 

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

Record ZAZ4608045726N: 

HATS Category IX—Conscious Animals on the Rail: On April 26, 2023, the following 

livestock humane handling noncompliance was observed. At approximately 0710 hours I 

observed the slaughter floor supervisor lead an Angus steer into the stunning box. After 

the steer was secured in the headlock and haltered, the floor supervisor used a .44 

Remington rifle to stun the animal. The steer buckled after the shot and blood flowed 

from its nostrils. The supervisor then tested its eyes for corneal reflex in response to 

touch and, after determining that the animal was unconscious, he released the headlock 

and hoisted it. Moments after being hoisted, the supervisor stuck the animal for the first 

time. Only a thin trickle of blood flowed from the neck. After the first sticking, the steer 

regained consciousness. It showed righting reflex, vocalized, looked around with eye 

tracking, and began breathing rhythmically (not gasping, as its ribcage was visibly 

heaving, and puffs of bloody air were spraying out of its nostrils). After I pointed out 

these signs of consciousness to the supervisor, he immediately used a captive bolt stunner 

on the animal. This action did not render the steer unconscious, however, as it continued 

to present signs of righting reflex, eye movement, and rhythmic breathing. The supervisor 

then applied the captive bolt a second time, rendering the animal insensible, and it 

remained so thereafter. At this point, the animal was stuck for the second and final time. I 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

immediately rejected the stunning area with USDA tag No. B40462798 and informed 

Jacob Nickerson, the plant management and slaughter floor employees of the 

noncompliance and that slaughter would not continue today until I had submitted the 

report of the incident and had further instructions. The establishment has established a 

robust systematic approach to humane handling but was not following the robust 

approach at this time. 

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 

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 

313.16(a)(1); 313.16(a)(3); 313.15(a)(1); and 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 Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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: 

Paul Wolseley 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3160 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: paul.wolseley@usda.gov 

Phone: (202) 937-4761 

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 Dr. Chelsea 

Buckley, DDM, via electronic mail at chelsea.buckley@usda.gov or by telephone at 267-

807-7615. Additionally, you can contact the Philadelphia District Office at (800) 637-

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

Sincerely, Digitally signed by CHELSEA CHELSEA BUCKLEY 

Mr. Jason Orlando Date: 2023.04.26 

District Manager BUCKLEY 12:39:56 -04'00' 

An Equal Opportunity Provider and Employer 
Cc: 

Mr. Paul Wolseley, EARO, FSIS, OFO, Washington, DC 

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

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

Mr. Jason Orlando, DM, FSIS, OFO, Philadelphia District Office 

Dr. Chelsea Buckley, DDM, FSIS, OFO, Philadelphia District Office 

Mr. George Slobodjian, DDM, FSIS, OFO, Philadelphia Disti·ict Office 

Mr. Jose h Schein, DDM, FSIS, OFO, Philadelphia Disti·ict Office 

SEIAO OFO Philadelphia Disti·ict Office 

DCS, OFO, Philadelphia Disti-ict Office 

, DVMS, FSIS, OFO Philadelphia Disti-ict Office 

VMS, FSIS, OFO Philadelphia Disti·ict Office 

, FLS, FSIS, OFO, Philadelphia District 

, SPHV, FSIS, OFO, Philadelphia Disti·ict 

, CSI, FSIS, OFO, Philadelphia Disti-ict 

FSIS - FO/Quarterly Enforcement Report 

An Equal Opportunity Provider and Employer