USDA 

~ 

United States Food Safety Office of Chicago District Office 

Department of and Inspection Field Operations 1919 S. Highland Ave. Suite 115C 

Agriculture Service Lombard, IL 60148 

Office (630) 620-7474 

Fax (630) 620-7599 

May 3, 2023 Hand Delivered on May 3, 2023 

Electronically Submitted on May 3, 2023 

FedEx Tracking: 772030803631 

West Michigan Beef Co. LLC 

Est. M1816 

3007 Van Buren Street 

Hudsonville, MI 49426 

don@westmichiganbeef.com 

(616) 669-1212 

LETTER OF DEFERRAL 

Attention: Mr. Don Vander Boon, Owner/Manager 

On April 27, 2023, the FSIS Chicago District Office notified you of the intent to withhold the 

marks of inspection and suspend the assignment of inspectors from your slaughter process at West 

Michigan Beef Co. LLC, Establishment M1816, located at 3007 Van Buren Street in Hudsonville, 

Michigan. This action was based on your establishment’s failure to effectively implement humane 

methods of slaughtering and handling animals in a manner that complies with the Federal Meat 

Inspection Act (FMIA) and Humane Methods of Slaughter Act (HMSA). Your establishment was 

in violation of Title 9 of the Code of Federal Regulations (9 CFR) section 313.15(a)(1) regarding 

the humane slaughter of livestock. The Rules of Practice, 9 CFR 500.3(b), specify that FSIS may 

issue a suspension without providing prior notification if an establishment is handling or 

slaughtering animals inhumanely. 

The FSIS Chicago District Office exercised regulatory discretion in consideration of your robust 

systematic approach, and you were issued a Notice of Intended Enforcement (NOIE) deferring the 

decision to withhold the marks of inspection and suspend the assignment of inspectors from your 

slaughter process. Within the NOIE, the FSIS Chicago District Office requested that you submit 

a written response within three (3) working days. Specifically, the corrective actions were to 

address the following: 

• Evaluate and identify the nature, and 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 preventive measures. 

On May 1, 2023, the FSIS Chicago District Office received your response. After a review and 

analysis, the Chicago District Office telephoned you on May 2, 2023, to discuss that additional 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Don Vander Boon, Owner Letter of Deferral 

West Michigan Beef Co. LLC, Est. M1816 May 3, 2023 

details and clarifications were requested. You provided a revised response to include the additional 

details requested later that same day. 

You identified the cause as anatomic abnormalities of the skull and subsequent location of the 

brain because the steer was hydrocephalic. Postmortem examination revealed the hydrocephalic 

condition resulted in the brain at a location lower and deeper in the skull than anatomically typical. 

Although poll stunning was a consideration, the employees weighed the risk of not using the head 

restraint to administer the poll stun or maintain the restraint and attempt to stun from the front and 

placing the shot on the forehead. After some discussion, the employee elected to use restraint and 

attempt the shot from the front as is standard procedure. This resulted in multiple ineffective 

attempts until the head restraint was disengaged and an effective poll stun was placed. To restore 

and maintain regulatory compliance, you proposed the following: 

• Establishment management will be notified before stunning of hydrocephalic animals or 

animals in a similar condition. 

• All hydrocephalic cattle or similar type cattle will be stunned using a bull type captive bolt 

device placed onto the poll area. A firearm will be used as backup to the bull stunner and 

will be kept next to the knock box while the stun is being performed. 

• Employees performing cattle stunning will be trained in this new procedure and the results 

documented. 

• Verification monitoring for stunning effectivity of hydrocephalic cattle or similar type 

cattle will be conducted by the Humane Handling Coordinator or designee at a frequency 

of 100% for a period of at least 90 days. 

• The results of verification monitoring for the stunning of hydrocephalic cattle will be 

documented on the Daily Humane Handling Observation log with a notation indicating that 

it was a hydrocephalic animal and indicate if corrective actions were necessary. Corrective 

actions will be recorded on the company’s CAPA form. 

• If corrective actions are required for stunning hydrocephalic cattle, these procedures will 

be reevaluated and changes to these will be made as necessary. These changes will be 

documented in the corrective action. 

You provided copies of the referenced documentation for review. 

After a review and analysis of your proposed corrective actions and preventive measures, your 

response was found to adequately address the regulatory issues described within the NOIE. 

This letter serves as written notification that FSIS is deferring the decision to suspend slaughter 

inspection at your facility. The deferral of this decision will remain in effect until such time as 

your establishment has demonstrated effective implementation of its proposed corrective actions 

and preventive measures, subject to verification by FSIS to ensure no repetition of noncompliance 

related to your facility’s responsibilities for the Federal Meat Inspection Act, the Humane Methods 

of Slaughter Act, and all applicable FSIS regulations. 

FSIS is committed to monitoring establishments’ operations to verify compliance with the 

regulatory requirements. To assist in those verification activities, FSIS has developed a 

Verification Plan Report to be completed by FSIS in-plant inspection personnel. Enclosed is a 
Mr. Don Vander Boon, Owner Letter ofDefenal 

West Michigan Beef Co. LLC, Est. M1816 May 3, 2023 

copy of the Verification Plan FSIS in-plant inspection personnel will use to verify regulato1y 

compliance in conjunction with the conditions of this Notice ofDefe1rnl. This specific Verification 

Plan is designed to verify that your establishment fully implements conective measures proposed 

in your response, and that these actions are effective in ensuring ongoing regulato1y compliance. 

It identifies specific elements ofyour conective measures and the relevant regulato1y requirements 

subject to verification until such time as FSIS detennines that your establishment has effectively 

implemented your proposed conective measures. FSIS verification includes the expectation that 

you meet any timeframe commitments identified within your proposed conective measures. 

Should your establishment fail to operate in accordance with these commitments or fail to comply 

with the regulato1y requirements; FSIS will take immediate and appropriate regulato1y control 

actions. 

Sincerely, 

Digitally sign9d by w~ ~WILLIAMCRANFORD For/ 0 .Datg: 2023.05.03 

09:34:36 -05'00' 

Dr. Donald B. Fickey 

District Manager 

FSIS Chicago District