USDA 

United States Department of Agriculture 

-

Food Safety and January 14, 2014 

Inspection Service 

Alameda District 

620 Cenlnll Avenue, 

Bldg. 2C 

Alameda, CA 9450I 

Phone: (510) 769-5712 

Fax: (5 I0) 337-5081 

(b) (6) 

Rancho Feeding Corporation 

Establishment 527 M 

1522 Petalwna Blvd. North 

Petalwna, California 94952 

CERTIFIED RETURN 

RECEIPT REQUESTED 

e-mail (b) (6) 

NOTICE OF SUSPENSION 

Dear[IIIII: 

This letter confirms the verbal notification that was provided to your establishment 

on January 14, 2014, by the Food Safety and Inspection Service (FSIS), Alameda 

District, ofthe withholding ofthe marks ofinspection and the suspension ofthe 

assignment ofinspectors at your establishment for the Slaughter and Raw Intact 

(Raw Not Ground) processes. This action is taken in accordance with Title 9 Code 

ofFederal Regulations, Rules ofPractice, Part 500.3(a)(l), because your 

establishment produced and shipped adulterated and misbranded product. 

Specifically, your establishment produced and shipped adulterated product into 

commerce due to your failure to present the products for ante mortem and post 

mortem inspection, as required by 21 U.S.C. 603(a) and 21 U.S.C. 604 ofthe 

Federal Meat Inspection Act (FMIA), and the regulations promulgated thereunder. 

This product is considered adulterated because it is unfit for hwnan food as defined 

by 21 U.S.C. 601(m)(3) ofthe FMIA. As such, these products cannot enter 

commerce because they have not been inspected and found to be not adulterated 

and capable for use as human food as required under 21 U.S.C. 604 ofthe FMIA. 

In addition, the products were misbranded pursuant to 21 U.S.C. 601 (n)(1) in that 

the labels represented that the products had been inspected and passed, when, in 

fact, they had not been inspected and passed. As a result of your failure to prevent 

the production and shipment of adulterated product into commerce, your 

establishment initiated a voluntary Class I recall ofthese products on January 12, 

2014. 

Background/ Authority 

The Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et. seq.) provides that it is 

essential in the public interest that the health and welfare of conswners be protected, 

by assuring that meat products distributed to them are wholesome, not adulterated, and 

properly marked, labeled and packaged. 

Under the authorities ofthe Act, FSIS has prescribed rules and regulations required 

for establishments producing meat products including the requirements pertaining 

An Equal Opportunity Provider and Employer Page I ofS 
to Title 9 CFR 309 .2( e), Title 9 CFR 309.6 and Title 9 CFR 311.12, and other 

matters related to the identification, condemnation and disposal of animals found to 

be affected with epithelioma ofthe eye. FSIS has also developed Rules of Practices 

regarding enforcement (Title 9 CFR Part 500). The Rules of Practice describe the 

types of enforcement action that FSIS may take and include procedures for taking a 

withholding action and suspension, with or without prior notification, and for filing 

a complaint to withdraw a grant ofFederal Inspection. 

Findings/Basis for Action 

During an investigation of your facility, evidence was uncovered that demonstrates 

your firm shipped adulterated and misbranded product into commerce. Specifically, 

as part ofthis action, FSIS determined that your establishment failed to present 

cattle produced on January 8, 2014, which were likely affected with epithelioma of 

the eye (cancer eye), a condemnable condition pursuant to Title 9 CFR 311.12, for 

required ante-mortem inspection and post-mortem inspection. These failures to 

present are evidenced by the fact that two cattle heads, which were found in 

commerce, were still intact, had skin still attached, and had no incisions for the four 

pairs of lymph nodes on the head, which normally are incised for inspection by 

FSIS personnel. In addition, there was no denaturant or USDA mark of 

condemnation on the heads. 

As a result ofthese failures, your establishment produced and shipped adulterated 

products into commerce. In addition, the products were misbranded pursuant to 21 

U.S.C. 601 (n)(1) because the labels on the products were false and misleading in 

that the labels represented that the products had been inspected and passed, when in 

fact, they had not been inspected and passed. On January 12, 2014, your 

establishment agreed to initiate a Class I voluntary recall 002-2014 of 

approximately 41,683 pounds of beef carcasses and offal products that your 

establishment produced on January 8, 2014. 

Based upon these findings, FSIS is suspending your Slaughter and Raw Intact 

processes in accordance with Rules of Practice Title 9 CFR 500.3(a)(1), in that the 

establishment produced and shipped adulterated and misbranded product as defined 

in 21 U.S.C. 601. 

The FMIA 21 U.S.C. 603(a) states that "For the purpose ofpreventing the use in 

commerce, ofmeat and meatfood products which are adulterated, the Secretary 

shall cause to be made, by inspectors appointed for that purpose, an examination 

and inspection ofall cattle .... before they shall be allowed to enter into any 

slaughtering ... in which they are to be slaughtered and the meat and meat food 

products thereofare to be used in commerce ". Rancho Feeding Corporation failed 

to present cattle for ante-mortem inspection on January 8, 2014, which is a statutory 

and regulatory FSIS requirement. 

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The FMIA 21 U.S.C. 604 states that the Secretary "shall cause to be made by 

inspectors appointed for that purpose, a post-mortem examination and inspection of 

the carcasses andparts thereofofall cattle ..... to be prepared at any 

slaughtering, .... or similar establishment in any State, Territory, or the District of 

Columbia as articles ofcommerce which are capable ofuse as humanfood". 

Rancho Feeding Corporation failed to present carcasses and parts thereof for postmortem inspection on January 8, 2014, which is a statutory and regulatory FSIS 

requirement. 

The FMIA 21 U.S.C. 621 states the Secretary "shall make rules and regulations as 

are necessary for the efficient execution ofthe provisions ofthis Act and all 

inspections and examinations made under this Act shall be made in such manner as 

described in the rules and regulations". Rancho Feeding Corporation failed to 

abide by the rules and regulations of the Federal Meat Inspection Act and the 

regulations promulgated thereunder. 

The Federal Meat Inspection Act, 21 U.S.C. 601(m)(3) states that product is 

adulterated "ifit consists in whole or in part ofany filthy, putrid, or decomposed 

substance or is for any other reason unsound, unhealthful, unwholesome, or 

otherwise unfit for human food. " FSIS is unable to determine ifthe meat products 

produced at Rancho Feeding Corporation on January 8, 2014 are sound, healthful, 

or otherwise fit for human food as they were not inspected and passed, as required, 

and are, therefore, adulterated under the FMIA. 

The FMIA, 21 U.S.C. 601(n)(1) provides that any carcass, part, meat or meat food 

product is misbranded ~~if its labeling is false or misleading in any particular". 

Rancho Feeding Corporation shipped misbranded meat and meat food products in 

commerce in that the labels on the products represented that they had been 

inspected and passed when, in fact, they had not been inspected and passed. 

The suspension ofthe assignment of inspectors will remain in effect until such time 

as you can proffer to FSIS, Alameda District Office, adequate written assurances 

including corrective actions and preventive measures sufficient to demonstrate that 

Rancho Feeding Corporation will comply with all statutory and regulatory 

requirements of Title 9 CFR 309.2(e), Title 9 CFR 309.6, Title 9 CFR 311.1, and 

Title 9 CFR 311.12, and that the regulations will be met to ensure the proper 

identification, condemnation and disposal of animals found to be affected with 

epithelioma ofthe eye, and to ensure that adulterated product will not be shipped 

into commerce. In addition, failure to respond to this notice ofsuspension 

adequately may result in further administrative enforcement actions. 

In accordance with Title 9 CFR 500.5(a)(5), you may appeal this action by 

contacting: 

An Equal Opportunity Provider and Employer Page 3 of5 
Dr. Hany Sidrak 

Executive Associate for Regulatory Operations 

1400 Independence A venue, S W 

Room 3157-S 

Washington, DC 20250 

Phone: 202-205-4208 

In accordance with 9 CFR 500.5(d), you may request a hearing conceming this 

action by contacting: 

Director 

Enforcement and Litigation Division 

Office of Investigation, Enforcement, and Audit 

Food Safety and Inspection Service 

United States Department of Agriculture 

Patriot Plaza Ill, 8th Floor. Cubicle 8-21 OC 

355 E Street, SW 

Washington, DC 20024-3221 

Telephone: (202) 418-8872 

Facsimile Number: (202) 245-5097 

If you have any questions, please call the Alameda District Office at (5 1 0) 769­

5712. 

Sincerely, 

Frank Gillis 

Deputy District Manager 

cc: 

Y. Sharma, OM 

A. Amin, DDM 

V. Felix. DDM 

/\11 Equal Opportunity Provider and Employer Page 4 of5 
USDA IIC, Est. 527 M 

FO/QER 

An Equal Opportunity Provider and Employer Page5of5