USDA 

-

United States Food Safety Office of Chicago District Office 

Department of and Inspection Field Operations 1919 S. Highland Ave. Suite 115C 

Agriculture Service Lombard, IL 60148 

Office (630) 620-7474 

Fax (630) 620-7599 

April 27, 2023 Hand Delivered on 04/27/2023 

Electronically Submitted on 04/27/2023 

FedEx Tracking: 771983004237 

West Michigan Beef Co., LLC 

Est. M1816 

3007 Van Buren Street 

Hudsonville, MI 49426 

don@westmichiganbeef.com 

(616) 669-1212 

NOTICE OF INTENDED ENFORCEMENT 

Attention: Mr. Don Vander Boon, Owner/Manager 

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), with 

prior verbal notification, for your Slaughter Process at West Michigan Beef Co., LLC, M1816, located at 

3007 Van Buren Street in Hudsonville, Michigan. The decision to issue this enforcement action is in 

accordance with Title 9 of the Code of Federal Regulations (9 CFR), Part 500.3(b) Rules of Practice, 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 of 9 CFR Part 

313. 

Background / Authority 

The FMIA, Section 3(b), provides that to prevent the inhumane slaughtering of livestock, the Secretary 

shall appoint inspectors for the verification of the methods by which livestock are handled and slaughtered 

at establishments inspected under this Act. The Secretary may refuse to provide inspection or may cause 

inspection to be temporarily suspended at a slaughtering establishment if the Secretary finds that any 

livestock have been handled or slaughtered by any method not in accordance with Sections 1901 to 1906 

of Title 7 (HMSA) until the establishment furnishes assurances satisfactory to the Secretary that all handling 

and slaughtering of livestock is in accordance with such a method. 

The HMSA provides that Congress finds 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 slaughter 

industry brings about improvement of products and economies in slaughter 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 

handling and slaughtering livestock, as required by 9 CFR Part 313. FSIS has also developed the Rules of 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Don Vander Boon, Owner Notice of Intended Enforcement 

Est. M1816 Date: 04/27/2023 

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 issue a suspension without providing prior notification 

due to handling or slaughtering animals inhumanely. 

Findings / Basis for Action 

On April 27, 2023, at approximately 1000 hours EST, the Supervisory Public Health Veterinarian (SPHV) 

was conducting observations of stunning effectiveness. A Holstein cow with a large head consistent with 

hydrocephalus was driven into the knock box and the head restraint mechanism was engaged. The head 

restraint obstructed the poll area, so the establishment employee placed the bull type handheld captive bolt 

device on the forehead and discharged the device. This first shot was ineffective, and the animal remained 

conscious and blinking. Blood was observed flowing from the knock hole. A second preloaded backup 

captive bolt device was immediately placed and discharged adjacent to the first shot. The second attempt 

was also ineffective. The employee made two additional consecutive attempts to the forehead with the 

animal observed to remain conscious after each. The employee then released the head restraint, placed the 

handheld captive bolt device on the poll area of the head and discharged the device. The animal was 

observed to collapse and was rendered insensible at this time. Unconsciousness was verified by confirming 

the absence of a corneal reflex. Regulatory control of the slaughter process was taken by placing U. S. 

Reject tag B45499111 on the knock box and establishment management was notified of the noncompliance. 

Post-mortem examination of the head revealed that the swollen top half of the head was filled with blood 

and fluid. There were three knock holes observed in the front of the skull consistent with where the shots 

were placed. These holes led into the pocket of blood and fluid and appeared to miss the brain completely. 

These observations are noncompliant with the regulatory requirements of 9 CFR 313.15(a)(1) which require 

captive bolt stunners to be applied and result in immediate unconsciousness in the animals in a manner 

rendering them unconscious with a minimum of excitement and discomfort. Because of the prolonged 

discomfort and excitement of the animal resulting from the inability to render it insensible/unconscious 

after the application of the immediate corrective actions, this incident is considered egregious. 

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. 

Your establishment has previously developed and implemented a systematic approach to humane handling 

that was considered robust. Observations confirm you were implementing the plan accordingly. 

Conclusion 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Don Vander Boon, Owner Notice of Intended Enforcement 

Est. M1816 Date: 04/27/2023 

In accordance with the Rules of Practice specified in 9 CFR Part 500.3(b), FSIS is notifying you of our 

decision to defer withholding the marks of inspection and suspend the assignment of FSIS inspectors from 

your slaughter process. 

Please provide a written response to the Chicago District Office within three (3) business days, inclusive of 

corrective actions and preventive measures, which address 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 preventive measures. 

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 handling and/or slaughter 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. 

Appeal and Hearing Rights 

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

Melissa Moore 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service, USDA 

1400 Independence Ave. SW 

South Building Room 3159 

Washington, DC 20250 

Cell: (202) 450-0330 

melissa.moore1@usda.gov 

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 
Mr. Don Vander Boon, Owner Notice ofIntended Enforcement 

Est. M1816 Date: 04/27/2023 

n Veterina1y 

(DVMS), at or electrnnic mail at @usda.gov. Additionally, you may contact 

the Chicago D1stnct O ice at (630) 620-7474 or 630 620-7599. 

If you have- uestions please contact Medical Specialist 

Sincerely, 

Digitally signed by GARY GARY WELCHER WELCHER 

Date: 2023.04.27 14:03:36 -05'00' 

Dr. Donald B. Fickey 

District Manager 

FSIS Chicago District