Food Safety and

Inspection 

Service

Office of Field 

Operations 

Des Moines 

District Office

Neal Smith 

Federal Building 

210 Walnut Street

Room 985

Des Moines, IA 

50309-2123

July 20, 2023

Pelkins Smokey Meat Market 

Dennis Pelkin, Owner 

Establishment M1499 

600 South US Highway 141

Crivitz, Wisconsin 54114

Electronic Mail on July 20, 2023

Voice 

515.727.8960

Fax 515.727.8991

Attention: Dennis Pelkin, 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) for slaughter operations at Pelkins Smokey Meat Market, EST. M1499, 

located at 600 South US Highway 141, Crivitz, Wisconsin 54114. This letter follows verbal 

notification of the suspension action, provided by , FLS, to Dennis Pelkin, 

Owner, on July 20, 2023. 

This action is taken in accordance with the Rules of Practice regulation 9 Part Code of Federal 

Regulations (CFR) Part 500.3(b) due to an egregious inhumane handling incident that occurred

at your establishment on July 20, 2023. 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 Federal Meat Inspection Act (FMIA) (Title 21 of the United States Code {21 U.S.C.} 603 et

seq) provides that for the purpose of preventing the inhumane slaughtering of livestock, the 

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

inspection of the methods by which amenable species cattle, sheep, swine, goats, horses, mules, 

or other equines are slaughtered and handled in connection with slaughter in the slaughtering 

establishments inspected under this Act. The Secretary may refuse to provide inspection to a new 

slaughtering establishment or may cause inspection to be temporarily suspended at a slaughtering 

establishment if the Secretary finds that any cattle, sheep, swine, goats, horses, mules, or other 

equines have been slaughtered or handled in connection with slaughter at such establishment by 

any method not in accordance with the Humane Methods of Slaughter Act (HMSA) (72 Statute, 

862; Title 7 U.S.C. 1901 to 1906) until the establishment furnishes assurances satisfactory to the 

Secretary that all slaughtering and handling in connection with slaughter of livestock shall be in 

accordance with such methods. 

An Equal Opportunity Provider and Employer

(b) (6)
Dennis Pelkin, Owner

Pelkins Smokey Meat Market, Est. M1499

Notice of Suspension

July 20, 2023

Page 2 of 4

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 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 20, 2023, at approximately 1045 hours, IPP was inspecting a carcass roughly 10 feet 

from the restrainer on the slaughter floor and observed a noncompliance with humane handling, 

HATS Category VIII, Stunning. While inspecting I heard a hand-held captive bolt stunner 

(HHCB) discharge. I immediately looked over and saw a heifer under the head restraint trying to 

escape the front of the restrainer, conscious and standing, vocalizing, and moving her head. 

Immediately, the establishment employee reloaded the same HHCB and applied a second stun. 

After the second stun application the animal remained conscious, standing and vocalizing. Then 

the lead slaughter supervisor applied a third stun to the animal with the same HHCB. The third 

stun application rendered the animal insensible. IPP immediately took regulatory action and 

applied USDA reject tag #B37471271 to the restrainer and called the FLS for further guidance. 

IPP also notified slaughter supervisor that a noncompliance will be documented. 

On postmortem inspection, I observed two stun wounds that were between the eyes on midline 

and one stun wound that was two inches above the lower two. The establishment is in violation 

of 9 CFR 313.15(a)(1) and 313.15(b)(1)(iii).

Summary and Conclusion

The observations detailed above indicate an egregious violation of the humane handling 

requirements specified within the provisions of 21 U.S.C. 603, Section 3(b) of the FMIA, and 

Title 7 U.S.C. 1901 and 1902 of the HMSA of 1978, and the regulatory requirements outlined in 

9 CFR Part 313. 

(b) (6)
Dennis Pelkin, Owner

Pelkins Smokey Meat Market, Est. M1499

Notice of Suspension

July 20, 2023

Page 3 of 4

The establishment does not have a humane handling program that meets the four criteria as 

described in the Federal Register Notice of September 9, 2004. Based on the above findings, the 

Des Moines District Office has determined to suspend the assignment of inspectors for your 

slaughter operations, as per the Rules of Practice regulation 9 CFR Part 500.3(b). 

The suspension of the assignment of inspectors will remain in effect until such time as you 

provide to this office adequate written corrective actions and preventive measures to assure that 

the handling and/or slaughter of animals will be done humanely and in accordance with the 

FMIA, HMSA, and the regulations promulgated therein. 

You may provide this office written corrective actions and preventive measures concerning the 

NOS and we will determine further action, if any, based upon your response. If you choose to 

address this issue, your written response should include: 

1. An initial assessment of the incident, including determination of the cause.

2. Immediate corrective actions taken.

3. Preventive measures to prevent reoccurrence.

4. Any training of employees and materials used.

5. Type of monitoring activity for stunning, along with a documentation record.

You are reminded that as an operator of a federally inspected establishment, you are expected to 

comply with FSIS regulations, regarding the humane handling and slaughter of livestock. Please 

be advised that you have the right to appeal this matter. If you wish to appeal, you should

contact:

Attention: Sherri N. Johnson

Acting Executive Associate for Regulatory Operations 

Office of Field Operations

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW

South Building, Room 1330A 

Washington, DC 20250 

Office number: 202-379-6196 

sherri.johnson@usda.gov

In addition, you may also request a hearing regarding this determination pursuant to FSIS Rules 

of Practice, regulation 9 CFR Part 500. The Rules of Practice were published in the Federal 

Register, Vol. 64, No. 228, on November 29, 1999. As specified in Section 500.5(d), 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, you should contact: 

Attention: Scott C. Safian, Director

Enforcement Operations Staff

Office of Investigation, Enforcement and Audit