United States Department of Agriculture

Food Safety and 

Inspection Service

Office of Field Operations 

Jackson District Office 

713 S Pear Orchard Rd. 

Plaza 2, Suite 402

Ridgeland, MS 39157

July 11, 2023

Harmon Brothers Meats, Inc. ELECTRONIC MAIL on July 11, 2023

Est. M/P7356 FEDEX TRACKING NUMBER 772701569938

425 Ambrose Road

Warsaw, Kentucky 41095 

harmonbrothersmeats@gmail.com

859-567-1212

Attention: Mr. Dave Harmon, 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 Harmon Brothers Meats, Inc., Est. 

M/P7356, located at 425 Ambrose Road, Warsaw, KY. This letter follows verbal 

notification of the suspension action, provided by Dr. Erin Moses, Acting DDM, to Mr. 

Dave Harmon, Owner, at approximately 11:00 AM CST on July 11, 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 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

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Dave Harmon, Owner

Harmon Brothers Meats, Inc., Est. M/P7356

Notice of Suspension 

July 11, 2023

2

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 July 11, 2023, at approximately 0935 hours EST, while performing the Livestock Humane Handling 

task at Harmon Brothers Meats, Inc., Est. M/P7356, in Warsaw, KY, the Consumer Safety Inspector 

(CSI) made the following observation. Your establishment personnel moved a dairy cow, approximately 

1200 lbs., into the knocking box and restrained with head gate. Your stun operator made an initial stun 

attempt with a firearm (22 Magnum), that was observed to contact the animal, but was ineffective as 

evidenced by the animal remaining standing and looking around. Your stun operator then attempted two 

stuns with a hand-held captive bolt device (HHCB), but the device did not fire upon reloading each time. 

There was a delay as your stun operator disassembled and reassembled the HHCB, and then a third 

attempt with the HHCB was effective at rendering the animal insensible, and it remained so thereafter.

The CSI placed USDA Reject tag #B41942334 on the knocking box and notified Regulatory Manager 

 of the observed non-compliance and of the regulatory control action. 

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 313.16(a)(1) and 9 CFR 313.16(a)(3), 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. 

(b) (6)
Dave Harmon, Owner

Harmon Brothers Meats, Inc., Est. M/P7356

Notice of Suspension 

July 11, 2023

3

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. 

Appeal and Hearing Rights

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

Paul Wolseley

Acting Assistant Administrator 

Office of Field Operations

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

Room 344E Whitten Building 

Washington, DC 20250 

Email: paul.wolseley@usda.gov

Phone: (202) 937-4761 

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

Telephone: (202) 418-8872

Facsimile: (202) 245-5097

E-mail: AEBCorrespondence@usda.gov