USDA 

-

~ United States Department of Agriculture 

December 22, 2023 

Premium California Foods 

Establishment M47612 

5881 N. Winton Way 

Winton CA 95388 

ELECTRONIC MAIL on December 22, 2023 

Email: @yahoo.com 

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@outlook.com 

Telephone: 209-358-3535 

Attention: Mr. Ping Lau, President 

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) at Premium California Foods. Establishment M47612, located at 5881 

N. Winton Way, Winton, California 95388. This letter follows verbal notification of the 

suspension action, provided by Dr. Virginia Felix, Deputy District Manager (DDM), to you at 

approximately 8:40 pm on December 21 , 2023. This action includes your Slaughter Hazard 

Analysis Critical Control Point (HACCP) processes employed at your establishment. 

The decision to institute this enforcement action is in accordance with Title 9 of the Code of 

Federal Regulations (CFR), Rules of Practice 500.3(b ), based on the detennination that your 

establishment did not handle or slaughter animals humanely in accordance with Title 9 CFR 

313.2(b ). The evidence of egregious inhumane handling demonstrntes 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 Part 313). 

Background/ Authority 

The FMIA (21 USC 601 et seq.) provides it is essential to the public interest that the health and 

welfare of consumers be protected, by assuring meat products distributed to them are wholesome, 

not adulterated, and properly marked, and labeled. The Act gives FSIS the authority, as designated 

by the Secreta1y of Agriculture, to prescribe rnles and regulations describing sanitation 

requirements for inspected establishments and provide FSIS program personnel the authority to 

refuse to allow meat/meat food products to be marked, labeled, stamped, or tagged as inspected 

and passed, to prevent the entiy of adulterated products into commerce. Fmthe1more, the FMIA 

provides FSIS the authority to appoint inspectors to examine and inspect the method by which 

livestock are slaughtered and handled at slaughtering establishments. 

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 

An Equal OWortunity Provider and Employer Page 1 of 5 
 

 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Premium California Foods, Est. M47612 December 22, 2023 

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 December 21, 2023, the FSIS Supervisory Public Health Veterinarian (SPHV) observed your 

establishment’s failure to conduct slaughter of livestock in accordance with the regulatory 

requirements. At approximately 1330 hours, while performing a routine PHIS Livestock Humane 

Handling Task, the SPHV walked towards the antemortem pens area and observed an 

establishment employee standing on a platform adjacent to a concrete ramp leading to the 

knocking box. The employee was using an electric prod multiple times on a live steer that was 

non-ambulatory and in sternal recumbency on the concrete ramp. The employee was excessively 

prodding the animal in an effort to force it to rise; the SPHV directly observed at least six times 

that the employee was continuously and repeatedly prodding the animal on the back even though 

it showed inability to rise and ambulate. 

Each time it was prodded, the animal displayed spasmic movement in its head and legs as it tried 

to get up but was unable to rise. 

The SPHV immediately headed to the knocking box area and instructed the employee to stop 

these actions. The employee then used a paddle to continue trying to make the animal get up. 

The SPHV observed the animal in acute distress. It was moving its head continuously and in all 

directions, and blood was streaming from the nostrils and mouth. There was also blood spread all 

over its back. The SPHV observed the animal showing discomfort and having labored breathing. 

The SPHV asked the employee to stop touching the animal and went to contact the Front line 

Supervisor (FLS) and also inform the Consumer Safety Inspector (CSI) on site. The CSI also 

made the same observations as the SPHV of the animal in distress. 

Per discussion with the FLS, the CSI placed U.S. Rejected Tag #B45617772 to the knocking box 

so no further slaughter could occur due to the inhumane handling of livestock. The CSI notified 

Mr. Alberto Cuevas, Plant Manager, and 

(b) (6)

, Slaughter Supervisor, of this 

action. 

An Equal Opportunity Provider and Employer Page 2 of 5 
 

 

 

 

 

 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Premium California Foods, Est. M47612 December 22, 2023 

Excessively applying an electric handheld prod to an animal that is non-ambulatory is an 

egregious noncompliance of humane handling of animals in connection with slaughter. This is a 

violation in accordance with Title 9 CFR 313.2(b) which states, “Electric prods, canvas 

slappers, or other implements employed to drive animals shall be used as little as possible in 

order to minimize excitement and injury. Any use of such implements which, in the opinion of 

the inspector, is excessive, is prohibited.” 

This constitutes failure to adhere to the regulatory requirements of the humane handling and 

slaughter of livestock, as required by the Federal Meat Inspection Act, 21 U.S.C. 603(b), the 

Humane Methods of Slaughter Act, and the regulations promulgated thereunder. 

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. You do not currently 

maintain a written humane handing program for consideration. 

Summary and Conclusion 

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 slaughter and/or handling 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 313.2(b), 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. 

Please provide a written response, inclusive of written corrective action and preventative measures, 

by addressing the following: 

• Evaluate and identify the nature, 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 preventative measures. 

An Equal Opportunity Provider and Employer Page 3 of 5 
 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Premium California Foods, Est. M47612 December 22, 2023 

A determination of further administrative action will be made upon receipt and review of your 

submitted corrective actions and preventative measures. You are reminded that, as an operator of 

a federally inspected establishment, you are expected to comply with FSIS regulations and to 

take appropriate corrective actions to prevent the production of or adulterated products at your 

establishment. Please be advised that your failure to respond adequately to these issues may 

result in our initiating action to withdraw inspection from your establishment. 

Appeal and Hearing Rights 

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

Sherri Johnson, 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

SB, Room 3162 

Washington, DC 20250 

Email: sherri.johnson@usda.gov 

Phone: 

(b) (6)

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 

1400 Independence Avenue, SW 

Stop Code 3753, SB - Room 2148 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCorrespondence@usda.gov 

If you have any questions, please call the Alameda District Office at (510) 769-5712, by fax at 

(844) 622-0081, or via electronic mail at AlamedaDistrictOffice@usda.gov. 

An Equal Opportunity Provider and Employer Page 4 of 5 
Mr. Ping Lau, President Notice of Suspension 

Premium California Foods, Est. M47612 December 22, 2023 

Sincerely, 

Isl Virginia Felix, D VM 

Deputy District Manager 

for 

Frank Gillis 

Acting District Manager 

cc: 

, Humane Handling Enforcement Coordinator 

S. Smith, OIEA Regional Director 

G. Abreu, DDM 

V. Felix, DDM 

A. Ahmed DDM 

, SEIAO 

s 

, DVMS 

DVMS 

, FLS 

, EIAO 

ITC at Est. M47612 

FO/Quarterly Repo1is 

An Equal OWortunity Provider and Employer Page 5 of 5