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 14, 2023

Harmon Brothers Meats, Inc. ELECTRONIC MAIL on July 14, 2023
Est. M/P7356 FEDEX TRACKING 772742394500
425 Ambrose Road

Warsaw, Kentucky 41095
harmonbrothersmeats@gmail.com
859-567-1212

Attention: Mr. Dave Harmon, Owner
NOTICE OF SUSPENSION HELD IN ABEYANCE

On July 11, 2023, the Food Safety and Inspection Service (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 Harmon Brothers
Meats, Inc., Est. M/P7356, located at 425 Ambrose Road, Warsaw. 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 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 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 regulatory requirements (9 CFR
Part 313).

Specifically, 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 Ibs., 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 July 11, 2023, you submitted your first written response with corrective actions and
preventive measures to meet the requirements of the Humane Methods of Slaughter
Act. The Jackson District Office (IDO) analyzed your response and advised you that
the proffered corrective actions and preventive measures were inadequate. A request for
clarification and additional information were sent via electronic mail from the JDO to
your establishment on July 12, 2023. On July 13, 2023, you submitted all clarification


Dave Harmon, Owner Notice of Suspension Held in Abeyance
Harmon Brothers Meats, Inc., Est. M/P7356 July 14, 2023

and additional information with written corrective actions and preventive measures to meet regulatory
requirements. The Jackson District Office analyzed your proffered corrective actions and preventive
measures and determined that the response adequately addressed the identified issues.

On July 14, 2023, at approximately 8:30 AM CST, the FSIS Jackson District Office verbally informed
you of FSIS’s decision to hold the suspension in abeyance. This letter is to formally inform you of this
action. Please be advised that this suspension of inspection at your establishment will remain in abeyance
pending verification by FSIS personnel that your proffered corrective actions and preventive measures
have been implemented and are effective in ensuring future regulatory compliance. Agency personnel will
begin immediate verification of your corrective actions and preventive measures.

A copy of the FSIS Verification Plan (VP) will be provided to assist you in understanding the nature and
importance of the Agency’s verification activities. The FSIS Verification Plan is designed to verify that
your establishment fully implements the revisions to its humane handling of animals and other corrective
actions and preventive measures stated in your July 11 and July 13, 2023, responses and that these
revisions and corrective actions and preventive measures are effective in ensuring future regulatory
compliance. The FSIS Verification Plan identifies your corrective actions, the regulatory requirement(s),
and the PHIS Task under which FSIS officials will verify the implementation and effectiveness of your
proffered action plan.

It is important for you to understand that FSIS has the responsibility to initiate action if your
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 regulatory
control of product or other appropriate action.

Please be further advised that as a federally inspected establishment, you are expected to comply with the
Federal Meat Inspection Act and the Humane Methods of Slaughter Act, and all applicable regulations
and other requirements concerning the preparation, sale, and transportation of meat products. Failure to
comply with these requirements or to effectively implement the measures addressed in your responses,
dated July 11 and July 13, 2023, could result in the immediate suspension of inspection at your
establishment or other appropriate action(s).

If you have any questions, please contact Dr. Larry Davis via telephone at (601) 863-4206 or via
electronic mail at larry.davis4@usda.gov. Additionally, you can contact the Jackson District Office at
(601) 965-4312 or by fax at (601) 965-5901.

Sincerely,

KERMIT eer sier

HARVEY Date: 2023.07.14 08:21:41
-05'00"

for:

Dr. Larry Davis
District Manager
Jackson District Office


Dave Harmon, Owner Notice of Suspension Held in Abeyance
Harmon Brothers Meats, Inc., Est. M/P7356 July 14, 2023

Ce: Mr. Paul Wolseley, Acting Assistant Administrator
(0) (6) as Humane Handling Enforcement Coordinator
. Larry Hortert, A Regional Director

Dr. Larry Davis, DM
Dr. Kermit Harvey, DDM
Ms. Cheryl Henry, DDM

SPHV at Est. M/P7356
CSI at Est. M/P7356
FO/Quarterly Reports