USDA 

iiillllllllllll 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Denver District Office 

1 Denver Federal 

Center, Bldg. 45 

P.O. Box 25387 

Denver, CO 80225 

Voice (303) 236-9800 

Fax (303) 236-9794 

December 18, 2023 

SENT VIA 

ELECTRONIC MAIL 

, Establishment Administrntor 

Colorado Lamb Processors 

Establishment M47914 

1625 Agripark Rd 

Bmsh, CO 80734 

!2.Z,2l381-0141 

llll@cololamb.com 

Attention: , Establishment Administrator 

NOTICE OF INTENDED ENFORCEMENT (NOIE) 

This letter serves as official notification by the Food Safety and Inspection Service 

(FSIS) of our intent to withhold the marks of inspection and suspend the assignment 

of inspection program personnel (IPP), with prior oral notification provided by Dr. 

Jessica VanHook, Deputy Disti·ict Manager on December 18, 2023, at Colorado Lamb 

Processors, Establishment M47194, located in Bmsh, CO. The decision to institute 

this enforcement action is in accordance with Title 9 Code of the Federal Regulations 

(CFR) Rules of Practice 500.3(b) (Rule of Practice), based on your establishment's 

failure to meet regulato1y requirements regarding livestock humane slaughter. 

Background / Authority 

The Federal Meat Inspection Act (FMIA) (21 USC 603 (b)) and Poultry Products 

Inspection Act (PPIA) (21 USC 451 et seq.) provides for the pmpose of preventing 

the inhumane slaughtering of livestock. The FMIA gives FSIS the authority, as 

designated by the Secretaiy of Agriculture, to prescribe mles and regulations 

describing examinations and inspections of the method by which cattle, sheep, swine, 

goats, horses, mules, and other equines ai·e slaughtered in the establishments 

inspected under the FMIA. The FMIA also provides FSIS Program personnel the 

authority to suspend operations at a slaughtering establishment ifPSIS 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 ofSlaughter Act (HMSA) of August 27, 1958 

(72 Sta.tute 862; Title 7 USC, Sections 1901-1906), until the establishment furnishes 

FSIS with satisfacto1y assurances that all slaughtering and handling in connection 

with the slaughter of livestock shall be in accordance with such methods. 

Under the delegated authorities of these Acts, FSIS has prescribed mles and 

regulations required for the humane slaughtering of livestock, contained in Title 9 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

-

Colorado Lamb Processors, EST. M47194 

(b) (6) , Establishment, Administrator Notice of Intended Enforcement 

December 18, 2023 

CFR Part 313. FSIS has also developed the Rules of Practice regarding enforcement (Title 9 CFR, 

Part 500). The Rules of Practice describe the types of enforcement action 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 Federal Grant of Inspection. FSIS can refuse 

to render inspection and indefinitely withdraw inspection from an establishment, provided the 

establishment is afforded the right to an administrative hearing. 

Findings / Basis for Action 

On December 18, 2023, the FSIS Supervisory Consumer Safety Inspector (SCSI) documented in a 

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

“On Monday, December 18, 2023, at approximately 0800 hours while observing on the kill 

floor, I, the SCSI, observed a lamb coming through the window from the stun box to the bleed 

table that was unconscious, following an electrical current stun, which returned to 

consciousness. The lamb was stiff and in right lateral recumbency as it exited the brisket 

conveyor restraint and slid down the ramp to the Halal bleed table. As the establishment 

employee went to flip the lamb into left lateral recumbency on the table for the Halal shochet to 

make his ritual cut, the lamb stood completely up on the table and tried to escape. A plant 

employee immediately covered the lamb with his body so that the lamb could not escape. A floor 

supervisor retrieved the backup hand-held captive bolt (HHCB) device, then the Slaughter 

Supervisor arrived and retrieved the backup HHCB device from the floor supervisor and render 

the manually restrained animal insensible with one stun attempt with the HHCB device. I tagged 

the stun area at 0806 hours with USDA Rejected Tag B45969866. I verbally informed the 

HACCP Coordinator of the incident, and that the establishment could clear out the line but 

nothing else could be slaughtered until we got further instructions. 

The Denver District Management Team was notified through supervisory channels. There have 

been no noncompliance records issued for the same root cause within the past 90 days.” 

Prior to this incident, the establishment was determined to have a Robust Systematic Approach to 

humane handling. 

Conclusion 

In accordance with the Rules of Practice specified in 9 CFR Part 500.3(b), FSIS is notifying you 

of our intent to suspend the assignment of FSIS inspectors. This event is a noncompliance of 

regulatory requirements in Title 9 CFR 313.30 (a)(4) The stunned animal shall remain in a state 

of surgical anesthesia through shackling, sticking, and bleeding. 

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 and the details of the 

incident. 

Please provide the Denver District Office with a written response concerning this NOIE within 

three (3) business days from the date of your receipt of this letter, no later than close of business 
- •Establishment, Administrator Notice ofIntended Enforcement 

Colorado Lamb Processors, EST. M47194 December 18, 2023 

December 21, 2023. We will detennine fmiher action, if any, based on your response. Your 

response should include: 

• A written description ofthe incident. 

• The root cause ofthe incident. 

• Your immediate conective actions. 

• Your specific conective actions to prevent reoccmTence ofthe noncompliance. 

• Any training or retraining ofemployees you plan to provide, including materials you 're 

planning to use. 

• Any monitoring procedures, including any documentation records. 

Based on your response, FSIS will detennine fmiher action, if any, is necessaiy. 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 statuto1y and regulato1y requirements, may result 

in fmi her administrative enforcement actions. 

You may submit your response by fax to (303-236-9794), or by electronic mail. In the event FSIS 

takes a withholding action or imposes a suspension, in accordance with Title 9 CFR 500.5(a)(5), 

you may appeal this action by conta.cting: 

William Griffin 

Executive Associate for Regulato1y Operations 

Office of Field Operations 

Food Safety and Inspection Se1vice 

United States Depaiiment ofAgriculture 

SB, Room 3164 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: William.Griffinl@usda.gov 

Phone: (202) 961-7156 

Ifyou have any questions, you can contact the Denver District Office at (303) 236-9800 or by 

fax at (303) 236-9794. 

Sincerely, 

Digitally signed by ROBERT ROBERT REEDER 

Date: 2023.12. 18 11:27:29 REEDER --07'W 

Dr. Robe1i Reeder 

District Manager 

USDA FSIS OFO 

Denver District Office 

Robert.Reeder@usda.gov 

cc: W. Griffin, EARO 

R. Reeder, DM 
Notice ofIntended Enforcement 

December 18, 2023 

- •Establishment, Administrator 

Colorado Lamb Processors, EST. M47194 

S. Smith, OIEA Regional Director 

J. VanHook, DDM 

D. James, DDM 

J. Monteverde, DDM 

, SEIAO 

, DVMS 

SPHV 

SCSI 

, CSI 

FO Quarterly Reports