iii1a United States Department of Agriculture 

Food Safety 

and Inspection 

Service 

Office of Field 

Operations 

Des Moines 

District Office 

Neal Smith 

Federal 

Building 

210 Walnut 

Street 

Room 985 

Des Moines, 

IA 50309-2123 

Voice 

515.727.8960 

Fax 

515.727.8991 

July 14, 2023 

Northern MN Meat Co. 

Establishment M1083 

5155 Great Scott Holmes Road 

Mt. Iron, Minnesota 55768 

shane@mahkahta.com 

(218) 258-2239 

Attention: Shane Lokken, Owner 

NOTICE OF SUSPENSION 

Electronically Signed copy emailed July 14, 2023 

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 Northern MN Meat CO., Est. M1083, located at 5155 Great Scott 

Holmes Road Mt. 

(b) (6)

Iron, MN. This letter follows verbal notification of the suspension action, 

provided by , Supervisory Public Health Veterinarian, to Shane Lokken, 

Owner at approximately 11:05am on July 14, 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 an 

egregious human handling incident occurred at your establishment. 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 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shane Lokken, Owner Notice of Suspension 

Northern MN Meats Co. Est. M1083 July 14, 2023 

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 July 14, 2023 at approximately 1000 hours, while conducting the HATS task Category VIII: 

Stunning Effectiveness, IPP, observed the following noncompliance: a hog in the stunning pen 

was not immediately rendered unconscious with the first stun application. After the first stun 

application with the electrical hog stunner, the conscious hog remained standing with rhythmic 

breathing and continuous, high pitched, loud vocalization. The prongs of the stunner were fully 

seated on the hog’s neck prior to electrical discharge, however the hog moved suddenly and contact 

was lost. A second stun attempt was immediately applied by contacting the prongs with the 

animal's neck and then discharging the wand. The hog went down to lateral recumbency in the pen 

but continued to show signs of consciousness including rhythmic breathing and continuous, high 

pitched, loud vocalization. A third stun attempt was applied by contacting the prongs to the animal 

and then discharging the wand, however the animal continued to emit conscious vocalizations. The 

fourth stun attempt rendered the hog unconscious. 

IPP took verbal regulatory control action. Plant Manager, Shane Holmes informed IPP that the 

suspected cause of the ineffective stuns was that the settings on the hog stunner were not properly 

set before use, and so the electrical current delivered to the animal was insufficient for the size of 

the hog. Verbal corrective actions were provided the settings on the stunner would be modified to 

be appropriate for the size of the animals. 

IPP informed Plant Manager, Shane Lokken of the forthcoming noncompliance. A U.S. Reject tag 

number B37606514 was placed on the restrainer and IPP informed Mr. Lokken that they would be 

contacting the District Office through supervisory channels for further guidance. This represents 

noncompliance with regulation 313.30(a)(3): “the quality and location of the electrical shock shall 

be such as to product immediate insensibility to pain in the exposed animal.” 

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 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shane Lokken, Owner Notice of Suspension 

Northern MN Meats Co. Est. M1083 July 14, 2023 

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 9 CFR 313.30(a)(3) and 313.30(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. 

The establishment does not have a humane handling program that meets the four criteria as 

described in the Federal Register Notice of September 9, 2004. Based on the above findings, the 

Des Moines District Office has determined to suspend the assignment of inspectors for your 

slaughter operations, as per the Rules of Practice regulation 9 CFR Part 500.3(b). 

The suspension of the assignment of inspectors will remain in effect until such time as you provide 

to this office adequate written corrective actions and preventive measures to assure that the 

handling and/or slaughter of animals will be done humanely and in accordance with the FMIA, 

HMSA, and the regulations promulgated therein. 

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 
Shane Lokken, Owner Notice of Suspension 

Northern MN Meats Co. Est. M1083 July 14, 2023 

Email: ~usda.gov 

Phone:-

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 detennination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaiiment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence A venue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCoITespondence@usda.gov 

If you have questions regai·ding this matter, please feel free to contact the Des Moines District 

Office at 515-727-8960 or District Veterinai Medical Specialists (DVMS) 

or 

Sincerely, 

Digitally signed by Todd C. Gerwig

~t,~ Date: 2023.07. 14 12:26:12 -05'00' 

Dawn Sprouls 

District Manager