- United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Denver District Office 

1 Denver Federal 

Center, Bldg. 45 

P.O. Box 25387 

Denver, CO 80225 

Voice (303)236-9800 

Fax (303)236-9794 

October 31, 2023 

Delivered via Electronic Mail 

Levi Brown, Owner 

Lazy Acre Meat Corp., 

Establishment 47804 M 

3450 County Road 48 

Otis, CO 80743 

lazyacremeats@gmail.com 

Attention: Mr. Brown, 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 Lazy Acre Meat Corp., M47804, 

located at 3450 County Road 48, Otis, Colorado. This letter follows verbal notification 

of the suspension action, provided by Dr. Jessica VanHook, Deputy District Manager, 

to you, the Establishment Owner, at approximately 0930 MST on October 31, 2023. 

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 

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 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Levi Brown, Owner Notice of Suspension 

Lazy Acre Meat Corp., Est. M47804 October 31, 2023 

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 Tuesday, October 31, 2023, FSIS Inspection Program Personnel (IPP) documented in a 

Noncompliance Report (NR) the following event at Est. M47804: 

“HATS Category VIII: Stunning Effectiveness 

Approximately at 730am on October 31, 2023, the CSI was performing humane handling task. The stun 

operator headed to the establishment office to retrieve the 12-gauge 8 round shotgun and back up firearm 

with 4 bullets apiece. The CSI stood outside the slaughter floor in a safe location and waited for the stun 

to take place. Once the CSI heard the firearm discharge, the CSI opened the door to the slaughter floor 

and preceded inside. The Steer (bovine) was haltered rather than restrained via the head gate. The Steer 

was still standing and breathing. The CSI then moved her fingers in front of the eyes and the bovine 

responded by blinking and moving its head away from her. The bovine didn’t vocalize but the CSI 

observed the penetrating stun hole to be low and between the eyes and actively bleeding. The CSI verbally 

instructed the stun operator to apply a second stun, but the stun operated replied with “No, it’s ok” and 

shook his head in a no manner. The CSI instructed the stun operator a second time to stun the animal 

again and the stun operator looked at the animal and shrugged his shoulders and took no action. The CSI 

stated that the animal was still alive and needed to be stunned again and the second establishment 

employee retrieved the backup firearm and applied a second stun before the CSI detected and was able to 

vacate the slaughter floor. The second stun with the backup firearm by the second establishment employee 

was properly located and rendered the animal insensible. The CSI applied U.S. Reject tag #B31 332278 

to the stun box and verbally notified the establishment of the noncompliance. 

Upon inspection of the dressed head, two penetrating stun holes were observed in the skull. One stun hole 

was observed to be too low and between the eyes, whereas a second stun hole was observed within the 

target zone. 

The Denver District Management was contacted through supervisory channels. This noncompliance 

record (NR) is being associated with NR#WVY1112104018N-1 issued on 10/18/2023 for similar root 

cause. This establishment has not implemented a Robust Systematic Approach to the Humane Handling of 

Livestock.” 

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). Lazy Acres does not utilize a robust systematic approach to slaughter 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Levi Brown, Owner Notice of Suspension 

Lazy Acre Meat Corp., Est. M47804 October 31, 2023 

livestock. FSIS IPP observed a disregard to humanely produce immediate unconsciousness. Evidence 

cited above demonstrates your failure to meet regulatory requirements addressed in 9 CFR 313.16(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 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. 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: 

William Griffin 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3164 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: William.Griffin1@usda.gov 

Phone: (202) 961-7156 

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 
Mr. Levi Brown, Owner Notice ofSuspension 

Lazy Acre Meat COl'p., Est. M47804 October 31, 2023 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBConespondence@usda.gov 

Ifyou have any questions, you can contact the Denver District Office at (303) 236-9800, via electronic 

mail at Denver.Districtmanagement@usda.gov, or by fax at (303) 236-9794. 

Sincerely, 

ROBERT REEDER ~~Z,_•ignedbyROBERT 

Date: 2023.I0.31 12:49:41 -06'00' 

Dr. Robe1i Reeder 

District Manager 

USDA FSIS OFO 

Denver District Office 

Robeit.Reeder@usda.gov 

cc: W. Griffin, EARO 

R. Reeder DM 

~n

- , Humane Handling Enforcement Coordinator 

al Director 

J. V anHook, DDM 

D. James, DDM 

J. Monteverde, DDM 

SEIAO 

-DVMS 

PHV 

SCSI 

CSI 

FO/Quaiierly Repo1is