USDA 

iilllllllllllll 

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 

September 1, 2023 

Beef and Bacon ELECTRONIC MAIL on September 1, 2023 

Est. M54271 FEDEX TRACKING #773283803361 

2887 McGee Chapel Road 

~ 

Calhoun, Kentucky 42327 

270-929-0280 

Attention: Mr. William Kuegel, Owner 

NOTICE OF SUSPENSION HELD IN ABEYANCE 

On August 24, 2023, the Food Safety and Inspection Se1vice (FSIS) issued a Notice of 

Suspension to your establishment to withhold the federal marks of inspection and 

suspend the assignment of Inspection Program Personnel (IPP) at Beef and Bacon, Est. 

M54271, located at 2887 McGee Chapel Road, Calhoun, KY. This action included your 

Slaughter Hazard Analysis Critical Control Point (HACCP) processes employed at your 

establishment. The decision to institute this enforcement action was in accordance with 

Title 9 ofthe Code ofFederal Regulations (CFR), Rules of Practice 500.3(b), based on 

the dete1mination that your establishment did not handle or slaughter animals 

humanely. The evidence demonstrated 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 regulato1y requirements (9 CFR Pait 313). 

On August 24, 2023, at approximately 0906 hours your personnel moved the last 

USDA porcine into the knock box. The initial electrical stun attempt was immediately 

effective at rende1ing the animal insensible (routine procedure oftwo stuns behind the 

ears). The animal was observed to collapse, with no righting reflex, and inactive eyes. 

The side ofthe knock box was raised and as is routine a thoracic stun was attempted. 

The electrical wand did not work. The electrical generator box on the wall had lost 

power. Instead of immediately going to their back-up device, your personnel attempted 

to restore power to the box, but were not successful. Several minutes passed before 

your personnel got the captive bolt device ready. By this time, USDA IPP obse1ved the 

animal had regained consciousness, lifting its head (righting reflex), with ti·acking eye 

movement. The handheld captive bolt conective action stun was effective at 

approximately 0909, rendeiing the animal insensible, and it remained so thereafter. 

U.S. Rejected tag #B28861082 was assigned to the knock box by USDA IPP, and 

William "Rod" Kuegel, Establishment Owner, was notified of the non-compliance and 

ofthe regulato1y conti·ol action. 

On August 24 and August 31, 2023, you submitted written responses with conective 

actions and preventive measures to meet regulato1y requirements. The Jackson District 

Office (JDO) analyzed your responses and advised you that the proffered conective 

actions and preventive measures were not adequate. Requests for clai·ification and 

additional info1mation was sent via electi·onic mail from the JDO to your establishment 

on August 24 and August 31, 2023. 

1 
William Kuegel, Owner Notice ofSuspension Held in Abeyance 

Beef and Bacon, Est. M54271 September 1, 2023 

On September 1, 2023, you submitted all clarification and additional info1mation with written conective 

actions and preventive measures to meet regulato1y requirements. The Jackson Distiict Office analyzed 

your proffered conective actions and preventive measures and dete1mined that the response adequately 

addressed the identified issues. On September 1, 2023, at approximately 12:30 PM CST, the FSIS 

Jackson District Office verbally info1med you ofFSIS's decision to hold the suspension in abeyance. This 

letter is to formally info1m you ofthis action. 

A copy ofthe FSIS Verification Plan (VP) will be provided to assist you in understanding the nature and 

impo1tance of the Agency's ve1ification activities. The FSIS Verification Plan is designed to verify that 

your establishment properly implements the revisions to its humane handling of animals and other 

conective actions and preventive measures stated in your August 24, August 31, and September 1, 2023, 

responses and that these revisions and conective actions and preventive measures are effective in 

ensming future regulato1y compliance. The FSIS Ve1ification Plan identifies your conective actions, the 

regulato1y requirement(s), and the PHIS Task under which FSIS officials will ve1ify the implementation 

and effectiveness of your proffered action plan. Only FSIS can amend the verification plan and any 

modifications to your submitted acceptable conective actions made dming the abeyance period will need 

to be submitted in writing to FSIS for verification ofcompliance prior to implementation by your 

establishment. 

Please be advised that this suspension of inspection at your establishment will remain in Abeyance 

pending verification by FSIS that your proposed conective actions and preventive measures have been 

implemented and are effective in ensming future regulato1y compliance. Agency personnel will begin 

immediate ve1ification ofyour conective actions and preventive measures. 

It is impo1tant for you to understand that FSIS has the responsibility to initiate action ifyour 

establishment fails to operate in accordance with the regulations, or conditions occur that do not comply 

with the Humane Methods of Slaughter Act. In these situations, FSIS personnel will take regulat01y 

control ofproduct or other appropriate action. 

Please be fuither advised that as a federally inspected establishment, you are expected to comply with the 

Federal Meat Inspection Act and the Humane Methods ofSlaughter Act, and all applicable regulations 

and other requirements concerning the preparation, sale, and transp01tation of meat products. Failure to 

comply with these requirements or to effectively implement the measures addressed in your responses, 

dated August 24, August 31, and September 1, 2023, could result in the immediate suspension of 

inspection at your establishment or other approp1iate action(s). 

Ifyou have any questions, please contact Dr. Lany Davis via telephone at (601) 863-4206 or via 

electronic mail at lany.davis4@usda.gov. Additionally, you can contact the Jackson District Office at 

(601) 965-4312 or by fax at (601) 965-5901. 

Sincerely, Digitally signed by KERMIT KERMIT HARVEY 

Date: 2023.09.0 1 HARVEY 12:44:27 -05'00' for:

Dr. Lany Davis 

District Manager 

Jackson District Office 

2 
William Kuegel, Owner Notice ofSuspension Held in Abeyance 

Beefand Bacon, Est. M54271 September 1, 2023 

Cc: 

Humane Handling Enforcement Coordinator 

Mr. Lany Ho1te1t , OIEA Regional Director 

Dr. Lany Davis, DM 

Dr. Ke1mit Ha1vey, DDM 

Ms. Che1y l Herny, DDM 

Dr. Erin Moses, DDM 

SEIAO 

, DCS 

, DVMS 

, FLS 

SPHV at Est. M54271 

, CSI at Est. M54271 

FO Quart er y Repo1ts 

3