Regal Meat
Notice of Intended Enforcement
August 31, 2023

I received a copy of this Notice of Intended Enforcement dated August 31, 2023, on:

Date

Responsible Plant Official Signature of FSIS Witness


USDA

mas
MGB United states Department of Agriculture

August 31, 2023

Regal Meat Hand delivered and sent via USPS
Establishment 47876

5401 CR 2515

Moore, TX 78057

Attention: Henry Bineham, 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) related to the Slaughter Hazard Analysis and Critical Control Point (HACCP)
plan at Regal Meat, Establishment 47876, Uvalde, Texas.

Background/Authority

The Federal Meat Inspection Act (FMIA), 21 United States Code (USC) Section 601 (et seq.),
and the Humane Methods of Livestock Slaughter Act (HMLSA), 7 USC 1901-1906, state that
the handling and slaughtering of livestock are to be carried out only by humane methods. The
United States Congress has found 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.
Furthermore, these Acts provide the Food Safety and Inspection Service (FSIS) the authority to
appoint inspection program personnel (IPP) to inspect, verify compliance; and enforce humane
methods of handling and slaughtering of livestock to prevent needless suffering of animals.

Under the authorities of the Acts, FSIS has prescribed rules and regulations for establishments
producing meat and meat products, including the Code of Federal Regulation (CFR) Title 9, Part
313, the requirements pertaining to humane slaughter of livestock, and other matters. FSIS has
developed the Rules of Practice regarding enforcement in 9 CFR 500. The Rules of Practice
describe the types of enforcement actions 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.

The following information is provided to support this Notice of Intended Enforcement (NOIE)
for your facility.

A Noncompliance Record (NR) GVE1011083730 N/1, documented on August 30, 2023, stated
in part, at approximately 10:42 a.m. whil( i GE consumer Safety Inspector

Food Safety and Inspection Service
Office of Field Operations
Dallas District Office
1100 Commerce Street, Room 516
Dallas, TX 75242
Voice 214-767-9116 Fax 844-622-0080
‘An Equal Opportunity Provider and Employer


Regal Meat 2
Notice of Intended Enforcement
August 31, 2023

(CSI), conducted a HATS Category VIII (Stunning Effectiveness) verification task at Regal
Meat, Establishment 47876, the following noncompliance was observed: CSI [—bbserved
the designated stunning operator used a penetrating captive bolt device on a steer. The first
stunning attempt failed to render the animal unconscious. During the first attempt the captive
bolt penetrated the skull, but the retractable bolt remained stuck inside the steer’s skull. The
animal was not rendered unconscious. The steer was agitated, still standing, and vocalizing. The
designated stunning operator removed the retractable bolt from the skull, stood there, and turned
around to ask csi if he should do a secondary knock. The designated stunning operator
took approximately 10 seconds before he grabbed the readily available backup captive bolt
stunning device and rendered the animal unconscious. Cs initiated Regulatory Control
Action by affixing U.S. Rejected tag #B46507341 to the head restrainer. Failure by the
establishment to render an animal unconscious on the first stunning attempt was also
documented on two previous occasions; NR GVE3214084928 N/1, dated July 24, 2023, and NR
GVE3214084928 N/1, dated August 28, 2023.

These acts do not meet the regulatory requirements of Title 9 of the Code of Federal Regulations
(CFR), Part 313.15(a)(1) and (3). 9 CFR 313.15(a)(1), states in part, 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. 9 CFR 313.15(a) (3), states, immediately after the
stunning blow is delivered the animals shall be in a state of complete unconsciousness and
remain in this condition throughout shackling, sticking, and bleeding.

Your establishment clearly failed to implement effective corrective and preventive measures in
response to these repeated humane handling violations. It is the decision of the Dallas District
Office to issue an NOIE in this matter rather than a Notice of Suspension, as allowed under the
Rules of Practice. Title 9 CFR 500.3(b) states, FSIS also may impose a suspension without
providing the establishment prior notification because the establishment is handling or
slaughtering animals inhumanely. This decision is intended to allow you an opportunity to
improve the establishment’s humane handling practices as required by all parts of 9 CFR 313.

It is essential that you immediately provide effective, written corrective and preventive measures
to prevent inhumane handling and slaughtering at your establishment. We are giving you the
opportunity at this time to demonstrate or achieve regulatory compliance. Your written response
is expected to contain two items: (1) your findings concerning the reevaluation of the Humane
Handling Procedures designed and implemented by your establishment, and (2) your Action
Plan, which must include all corrective/preventive measures you will take, are taking, or have
taken, and the reasons these actions will prevent recurrence. Please provide this response within
three (3) business days from the date of your receipt of this letter. We will determine further
action, if any, based on your response.

If you have (b) (6) _ contact District Veterinary Medical Specialist

(DVMS) at!


Regal Meat
Notice of Intended Enforcement
August 31, 2023

Sincerely,

| District Manager

cc:
cting Frontline Supervisor, San Antonio,
TX Inspector in Charge, Establishment 47876, Uvalde, TX