United States Department 

-

of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Atlanta District Office 

100 Alabama St., SW. 

Suite 3R90 

Atlanta, GA. 30303 

Phone: 404-562-5900 

Fax: 404-562-5877 

Toll Free: 

800-282-7005 

Certified Mail 

October 16, 2023 

Nettles Beef Processing, Inc. 

M44200 

147 S.W. County Road 240 

Lake City, FL 32025 

nettlesbeef@yahoo.com 

(368) 397-5053 

Attention: Mr. William J Nettles, Owner 

NOTICE 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 Nettles Beef 

Processing, Inc, Est. M44200 located at 147 S.W. County Road 240, Lake City, 

FL 32025. This

(b) (6)

 letter follows verbal notification of the suspension action, 

provided by , District Veterinary Medical Specialist 

(DVMS) to Mr. Daniel Bailey, Plant Manager, on October 12, 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, 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

 

Mr. William J. Nettles, Owner Notice of Suspension 

Nettles Beef Processing, Inc., M44200 October 16, 2023 

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 

This Notice of Suspension is based upon your establishment being in violation of 9 CFR 

313.16(a)(1), 9 CFR 313.16(a)(3), 9 CFR 313.16(b)(1)(i), 9 CFR 313.16(b)(1)(ii), 9 CFR 

313.16(b)(1) (iii), 9 CFR 313.16(b)(1)(iv), and 9 CFR 313.16(b)(2). 

On October 12, 2023, while performing stunning verification activities associated with 

humane handling, Inspection Program Personnel (IPP) observed that while stunning two 

different rams, it took two different establishment employees’ multiple shots to effectively 

stun both rams with a .22 caliber rifle. 

Specifically, at approximately 7:30am, IPP observed that it took three stuns with a .22 

caliber rifle to render a ram unconscious. The ram was haltered and restrained in the stun 

chute with its head tied. The first and second stun did not render the ram unconscious. The 

employee performing the stunning took immediate effective corrective actions between the 

first, second and third stun and rendered the ram unconscious on the third stun. Mr. Daniel 

Bailey, Plant Manager, was notified of the noncompliance. On postmortem inspection there 

were three distinct points of contact observed on the head of the ram. 

At approximately 8:30am, IPP observed that it took two stuns with a .22 caliber rifle to 

render a ram unconscious. The ram was haltered and restrained in the stun chute with its 

2 
 

 

 

 

 

 

 

 

 

 

 

Mr. William J. Nettles, Owner Notice of Suspension 

Nettles Beef Processing, Inc., M44200 October 16, 2023 

head tied. After the first ineffective stun the stunner repositioned himself and effectively 

stunned the ram with a second stun. Mr. Daniel Bailey was notified of the noncompliance. 

USDA retained tag number B37448814 was placed on knock box. On postmortem 

inspection there were two distinct points of contact observed on the head of the ram. 

On October 3, 2023, a Noncompliance Record (NR) was issued to the establishment due to 

ineffective stunning of a bovine. Based on the ineffective stunning on October 3, 2023, and 

October 12, 2023, a Notice of Suspension (NOS) is supported. Mr. Daniel Bailey was 

notified of the enforcement action. 

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 written humane handing program for consideration. 

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 

313.16 (a)(1), 9 CFR 313.16(a)(3), 9 CFR 313.16(b)(1)(i), 9 CFR 313.16(b)(1)(ii), 9 CFR 

313.16(b)(1)(iii), 9 CFR 313.16(b)(1)(iv), and 9 CFR 313.16(b)(2), 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. 

3 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. William J. Nettles, Owner Notice of Suspension 

Nettles Beef Processing, Inc., M44200 October 16, 2023 

• 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 initiation of 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: 

Karen Hunter 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3129 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: Karen.Hunter@usda.gov 

Phone: (202) 499-0275 

Pursuant to 9 CFR 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, please contact Dr. Phyllis Adams via telephone at (404) 562-

5900 or via electronic mail at Phyllis.Adams@usda.gov. Additionally, you can contact 

the Atlanta District Office at (404) 562-5900 or by fax at (404) 562-5877. 

4 
Notice ofSuspension 

October 16, 2023 

Mr. William J. Nettles, Owner 

Nettles BeefProcessing, Inc., M44200 

Sincerely, 

PHYLLIS ~y~:r~re<I

ADAMS ADAMS o.1e:20n10.16 07:SHS -&1'00' 

Dr. Phyllis Adams 

Disti·ict Manager 

5 
Mr. William J. Nettles, Owner Notice ofSuspension 

Nettles BeefProcessing, Inc., M44200 October 16, 2023 

cc: Karen Hunter, EARO 

Ph His Adams, DM 

, Humane Handling Enforcement Coordinator 

Lany Hoite1i, OIEA Regional Director 

Edward Hepburn, DDM 

Barney Welch, DDM 

Trac B1 ant DDM 

, SEIAO 

DCS 

, DVMS 

, SPHV 

, IIC 

PO/Quarterly Repo1is 

6