USDA 

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________________________________________________________________________________________________________ 

United States Department of Agriculture 

January 30, 2024 

North Bay Butchers, LLC ELECTRONIC MAIL on January 30, 2024 

Establishment M47592 

6900 Chileno Valley Road 

Petaluma, California 94952 

Email: james@northbaybutchers.com 

Telephone: 415-328-3429 

Attention: Mr. James Stoll, Owner 

NOTICE OF INTENDED ENFORCEMENT 

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, for your Slaughter Hazard Analysis and Critical 

Control Point (HACCP) processes at North Bay Butchers, LLC, Establishment 47592M, located 

at 4472 Manor Lane, Petaluma, California 94954. 

This letter follows verbal notification of the Notice of Intended Enforcement provided to you by 

Mr. Frank Gillis, Deputy District Manager (DDM), at approximately 10:00am, on Monday, 

January 29, 2024. 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 in 

accordance with Title 9 CFR 313.15(a)(1). The evidence of egregious inhumane handling 

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 Federal Meat Inspection Act (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 

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Mr. James Stoll, Owner Notice of Intended Enforcement 

North Bay Butchers, LLC Est 47592M January 30, 2024 

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 January 29, 2024, the FSIS Supervisory Public Health Veterinarian (SPHV) and FSIS 

Consumer Safety Inspector (CSI) observed your establishment’s failure to conduct slaughter of 

livestock in accordance with the regulatory requirements. At approximately 0913 hours, they 

(b) (6)

observed a mature, horned, beef bull calmly loaded into the knock box. While in the head catch, 

the bull moved its head in circles. While the bull was still moving, the stun operator, 

(b) (6)

, fired a handheld captive bolt (HHCB) device that contacted the bull’s skull. The bull 

remained standing but stopped moving his head. The SPHV observed the bull blinking and eye 

tracking. Immediately, (b) (6) reloaded the HHCB and applied a second stun to the bull. 

The bull remained standing. The SPHV observed the bull was eye tracking, blinking, and blood 

was streaming from the nostrils. The bull began to aim its horns towards the stunner in a 

defensive manner. 

(b) (6)

immediately grabbed the rifle next to him and shot the bull 

twice while the CSI and SPHV stood in the safety zone without a clear visual of the bull. After 

the final shot, the SPHV approached the bull and saw it was on its knees, without eye movement, 

and jaw relaxed. The bull was rendered insensible and remained unconscious. Approximately 30 

seconds passed between the first knock with the HHCB and the rifle stun that rendered the bull 

insensible. The knock box was rejected (NOB41802227) so no further slaughter could occur, and 

the Alameda District Office was notified via supervisory channels. After the establishment 

skinned the head, the SPHV observed four entry holes. Two were from the captive bolt and 

approximately 3 mm apart. Approximately 2cm dorsal were two overlapping holes from the rifle. 

Drawing a line from the medial canthus of the eye to the horn, the captive bolt holes were 

approximately 15cm away from the medial canthus of the eyes. 

This is an egregious noncompliance of humane handling of animals in connection with slaughter. 

This is a violation in accordance with Title 9 CFR 313.15(a)(1) which states, “The captive bolt 

stunners shall be applied to the livestock in accordance with this section so as to produce 

immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. 

The animals shall be stunned in such a manner that they will be rendered unconscious with a 

minimum of excitement and discomfort.” 

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Mr. James Stoll, Owner Notice of Intended Enforcement 

North Bay Butchers, LLC Est 47592M January 30, 2024 

This constitutes failure to adhere to the regulatory requirements of the humane handling and 

slaughter of livestock, as required by the Federal Meat Inspection Act, 21 U.S.C. 603(b), the 

Humane Methods of Slaughter Act, and the regulations promulgated thereunder. 

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 Notice (54 

Fed. Reg. 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 intended to better ensure the 

humane treatment of livestock presented for slaughter. The compliance guide provides a set of 

practices designed to minimize excitement, discomfort, and accidental injury of livestock. These 

documents describe the four components of a robust systematic approach to humane handling. 

The decision to issue a Notice of Intended Enforcement (NOIE) in lieu of a Notice of Suspension 

(NOS) is based on your establishment implementing and maintaining 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 withhold the marks of inspection and suspend the assignment of FSIS inspectors 

from your Slaughter HACCP processes. 

Please provide this 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 on 

Thursday, February 1, 2024, inclusive of written corrective action and preventative measures, by 

addressing 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 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. 

You may submit your response by fax to (844) 622-0081, or by electronic mail 

(AlamedaDistrictOffice@usda.gov). In accordance with Title 9 CFR 500.5(b)(4), you may contest 

the basis for this proposed action by contacting: 

An Equal Opportunity Provider and Employer Page 3 of 4 
V. Felix, DDM 

, FLS 

EIAO 

Mr. James Stoll, Owner Notice of Intended Enforcement 

North Bay Butchers, LLC Est 47592M Janmuy 30, 2024 

SheITi Johnson, Executive Associate for Regulato1y Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Depaii ment of Agriculture 

1400 Independence Avenue, SW 

SB, Room 3162 

Washington, DC 20250 

Email: shen~ .gov 

Phone: -

If you have any questions, please call the Alameda District Office at (5 10) 769-5712, by fax at 

(844) 622-0081, or via electronic mail at AlamedaDistrictOffice@usda.gov. 

Sincerely, 

IslFrank Gillis 

Deputy District Manager 

(for) 

Gabrial Eddings, DVM, DACVPM 

District Manager 

, Humane Handling Enforcement Coordinator 

cc: S. Johnson, EARO 

S. Smith, OIEA Reg10nal Director 

G. Abreu, DDM 

F. Gillis, DDM 

, SEIAO 

s 

, DVMS 

ITC at Est. M47592 

FO/Qua1ierly Repo1is 

An Equal OWortunity Provider and Employer Page 4 of 4