USDA

... 

United St ates 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 

December 18, 2023 

Electronically mailed on December 18, 2023 

Russ Heimichs, Establishment Manager 

Faimers Union Industries, LLC, Est. M21898 

P.O. Box 77 

Estherville, Iowa 51334 

rheinrichs@redwoodfannsmp.com 

712-362-2225 

NOTICE OF SUSPENSION 

Attention: Russ Heinrichs 

This letter serves as official notification by the Food Safety and Inspection Se1vice 

(FSIS) of our decision to withhold the federal mai·ks of inspection and suspend the 

assignment of Inspection Program Personnel (IPP) for all slaughter operations at 

Faimers Union Industries, LLC., Establishment M21898, located at 2421 9th Avenue 

South, Esthe1ville, Iowa 51334. This letter follows notification via phone of the 

suspension action, provided by Frontline Supe1visor, to Mr. Russ 

Heinrichs, Establishment Manager, and , Quality Assurance Manager, 

at approximately 1553 hours on Decem er 18, 2023. 

This action is taken in accordance with the Rules of Practice regulation 9 Paii Code of 

Federal Regulations (CFR) Paii 500.3(b) due to an egregious inhumane handling 

incident that occmTed at your establishment on December 18, 2023. 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 etseq.), 

and the regulato1y requirements (9 CFR Pa1i 313). 

Background 

The Federal Meat Inspection Act (FMIA) (Title 21 of the United States Code {21 

U.S.C.} 603 et seq) provides that for the purpose of preventing the inhumane 

slaughtering oflivestock, the secreta1y shall cause to be made, by inspectors appointed 

for that pmpose, an examination and inspection of the methods by which amenable 

species cattle, sheep, swine, goats, horses, mules, or other equines ai·e slaughtered and 

handled in connection with slaughter in the slaughtering establishments inspected 

under this Act. The Secretaiy may refuse to provide inspection to a new slaughtering 

establishment or may cause inspection to be temporarily suspended at a slaughtering 

establishment if the Secretaiy finds that any cattle, sheep, swine, goats, horses, mules, 

or other equines have been slaughtered or handled in connection with slaughter at such 

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Russ Heinrichs, Establishment Manager Notice of Suspension 

Farmers Union Industries, LLC. Est. M21898 December 18, 2023 

establishment by any method not in accordance with the Humane Methods of Slaughter Act 

(HMSA) (72 Statute, 862; Title 7 U.S.C. 1901 to 1906) until the establishment furnishes 

assurances satisfactory to the Secretary that all slaughtering and handling in connection with 

slaughter of livestock shall be in accordance with such methods. 

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 

At approximately 1402 hours, while performing a directed HATS Category VIII task, Stunning 

Effectiveness, as part of a Verification Plan for a Notice of Intended Enforcement (NOIE), IPP 

observed the following noncompliance. In the stunning room, IPP observed an establishment 

employee attempt to stun an ambulatory disabled market hog with a handheld captive bolt (HHCB) 

device in the area prior to the raceway. The hog was standing and was not restrained. The HHCB 

device audibly discharged and contacted the skull, causing a bleeding wound. The hog remained 

conscious in a standing position, vocalized, and walked away from the operator. The employee 

left the area for a period of time and returned with the mobile electrical stunner, which is stored in 

the barn. The employee tested the mobile electrical stunner and determined the voltage was 

sufficient. During this time, the hog continued to walk around the enclosed area. The employee 

applied a second stun with the mobile electrical stunner, with two stunning probes on one wand 

applied first behind the ears, then on the heart. This effectively rendered the animal unconscious. 

The employee applied a security stun with a HHCB device. On the skull of the hog, I observed a 

partially penetrating wound on midline approximately one inch above the medial canthus of the 

eyes and a second penetrating wound slightly above the first. I took a regulatory control action and 

applied U.S. Rejected tag No.

(b) (6)

 B-46568479 to the raceway and informed employees not to resume 

stunning. IPP notified of the noncompliance. This is noncompliant with 9 CFR 

313.15(a)(1) and 313.15(b)(1)(iii). 

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Russ Heinrichs, Establishment Manager Notice of Suspension 

Farmers Union Industries, LLC. Est. M21898 December 18, 2023 

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 detailed in 9 CFR 313.15(a)(1) and 313.15(b)(1)(iii) 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 have a humane handling program that meets the four criteria as described 

in the Federal Register Notice of September 9, 2004, but is currently under Deferral of a Notice of 

Intended Enforcement Action (NOIE) that was issued on September 12, 2023. Based on the above 

findings, the Des Moines District Office has made the decision 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 address the 

noncompliance detailed in this NOS, 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. 

You may provide this office written corrective actions and preventive measures concerning the 

NOS and we will determine further action, if any, based upon your response. If you choose to 

address this issue, your written response should include: 

1. An initial assessment of the incident, including determination of the cause. 

2. Immediate corrective actions taken. 

3. Measures to prevent reoccurrence. 

4. Any training of employees, materials used, and associated records. 

5. Type of monitoring activity(s) to be conducted and associated monitoring records. 

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. 

3 
Russ Heinrichs, Establishment Manager Notice of Suspension 

Faim ers Union Industi·ies, LLC. Est. M21898 December 18, 2023 

Appeal and Hearing Rights 

You have the right to appeal this matter and can do so by contacting: 

SheITi N. Johnson, Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Department ofAgriculture 

1400 Independence Avenue, SW 

South Building, Room 1330A 

Washington, DC 20250 

sheITi.johnson@usda.gov 

Phone number: 202-379-6196 

Pursuant to 9 CFR 500.5(d), you may also request a heai·ing regai·ding this detennination. Should 

you request a heai·ing, FSIS will file a complaint that will include a request for an expedited heai·ing. 

If you wish to request a heai·ing regarding this dete1mination, 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 ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBC01Tespondence@usda.gov 

Office at 515-727-8960 or Disti·ict Veterinaiy Medical Specialist 

Sincerely, 

Digitally signed by JEFFERY JEFFERY JACOBSEN 

Date: 2023.12.18 16:25:57 JACOBSEN ·06'00' 

for 

Dawn Sprouls, DVM 

Disti·ict Manager 

USDA FSIS OFO 

Des Moines Disti·ict 

cc: 

sheITi.johnson@usda.gov 

Dawn.Sprouls@usda.gov 

mark.johnson5@usda.gov 

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

4 
Russ Heinrichs, Establishment Manager 

Faimers Union Industi·ies, LLC. Est. M21898 

Notice of Suspension 

December 18, 2023 

,usda.gov 

sda.gov 

a.gov 

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fo/ guaiterlyenforcementreport@usda.gov 

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