-

USDA 

United States Department -- of Agriculture 

I 

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 

3/18/2023 

HyLife Foods Windom LLC 

EST. #45856 ELECTRONIC MAIL on 3/18/2023 

2850 Hwy. 60 East 

Windom, MN 56101 

Attention: 

(b) (6)

Est. Administrator 

NOTICE OF REINSTATEMENT 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 HyLife Foods Windom, LLC, 

EST.#45856, located at

(b) (6)

 2850 Hwy. 60 East, Windom, MN.,56101. This letter (b) (6) (b) (6)

follows verbal notification of the reinstatement of suspension action, provided by . 

 SPHV, to at approximately 12:15 PM on March 18, 

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, 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 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

- ■ 

HyLife Foods Windom, LLC, Est. 45856 

(b) (6)

, Est. Administrator Notice of Reinstatement of Suspension 

March 18, 2023 

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 1122 hours on 03/18/2023 while FSIS personnel were in the barn verifying 

HATS Category VIII Stunning Effectiveness as part of a verification plan for Notice of 

Suspension dated 01/16/2023, an establishment employee was observed attempting to stun a hog 

by the resale pen. As the captive bolt stunner fired, the hog vocalized making a high-pitched 

squeal, the conscious hog was then observed moving forward on its feet behind the sort boards 

into the corner by the suspect pen, then went down in sternal recumbency. The employee 

immediately administered a second stun attempt with the other loaded hand-held captive bolt 

stunner. The hog righted itself, standing up, and made a conscious effort to walk forward with 

coordinated, purposeful movement, stumbling after a few steps. It turned around and went down 

on its front legs, still standing on its hind legs. Blood was observed running from the captive bolt 

wounds on its head. One of the employees immediately went to grab more charges from the 

captive bolt boxes nearby. One of the handheld captive bolt stunners was then immediately 

reloaded and the captive bolt stunner was readministered rendering the hog unconscious. Three 

captive bolt wounds were observed on this hog’s head. One was just to the left of the midline on 

the forehead approximately 2.5 cm dorsal to the level of the eyes. Another was just dorsal to this 

wound approximately 3 cm dorsal to the level of the eyes. The third wound was approximately 

1.5 cm to the right of the midline and approximately 3 cm dorsal to the level of the eyes. This is 

noncompliant with 9 CFR 313.15(a)(1) in that the establishment failed to render this animal 

unconscious on the first attempt. Immediate regulatory control action was taken by verbally 

informing Animal Welfare Coordinator

(b) (6)

 to immediately stop using the captive 

bolt stunners and to bring them to the scale office, stopping production. She was informed of the 

noncompliance and that the district office would be contacted. After contacting the district office, 

Quality Assurance Manager 

(b) (6)

was also notified of the noncompliance and 

that the CO2 stunner would be tagged. The CO2 stunner was then tagged with U.S. Rejected tag 

NO. B-46 568472. After further discussion with the district office, 

(b) (6)

 was verbally 

(b) (6)

notified of the reinstatement of suspension and that a noncompliance record would be issued. 

 was also notified of the reinstatement of suspension and that a noncompliance 

record would be issued. This noncompliance record is being associated with a similar 

(b) (6)

Page 2 of 5 
 

 

 

 

 

 

 

 

 

HyLife Foods Windom, LLC, Est. 45856 

(b) (6)

, Est. Administrator Notice of Reinstatement of Suspension 

March 18, 2023 

noncompliance that was documented on 01/16/2023 (ref. NR#OBD3515014716N). The 

establishment failed to implement the corrective actions, or the measures implemented were 

inadequate to prevent recurrence. Continued failure to meet regulatory requirements may lead to 

further enforcement action as described in 9 CFR 500.4. 

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 313.15(a)(1), 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. 

• 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. 

Page 3 of 5 
, Est. Administrator Notice ofReinstatement ofSuspension 

Hy Life Foods Windom, LLC, Est. 45856 March 18, 2023 

Appeal and Hearing Rights 

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

Sheni N. Johnson, 

Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and Inspection Se1vice 

United States Department ofAgriculture 

SB, Room 1330A 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: s herri. johnson@usda.gov 

Phone:202-379-6196 

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. Ifyou wish to request a hearing regarding this detennination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Se1v ice 

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: AEBCoITespondence@usda.gov 

Sincerely, 

Digitally signed by RAN DALL RANDALL KUMPOST 

KUMPOST Date: 2023.03.18 

17:28:57 -05'00' 

for 

Dawn Sprouls 

District Manager 

Page 4 of 5 
, Est. Administrator Notice ofReinstatement of Suspension 

Hy Life Foods Windom, LLC, Est. 45856 March 18, 2023 

cc: Sheni Johnson, EARO 

, Humane Handling Enforcement Coordinator 

Shaun Smith, OIEA Regional Director 

Mark Johnson, DDM 

Todd Ge1wig, DDM 

Jeff Jacobsen DDM 

SEIAO 

,SEIAO 

, DCS 

DVMS 

,DVMS 

FLS 

, IIC at EST. 45856 

FO/Qua1terly Repo1ts 

Page 5 of 5