iiiii United States Department of A!:!riculture 

- -

Food Safety and 

Inspection Service 

Office of Field Operations 

Philadelphia District 

Mellon Independence 

Center, 

701 Market Street Suite 

4100-A 

Philadelphia, PA 19106 

Electronically Submitted on April 28, 2023 

FedEx Tracking: 7719 9813 9730 

Mr. Samuel Rowse, Owner 

The Local Butcher LLC (Est. M45176) 

536 South Barnstead Road 

Center Barnstead, New Hampshire 03225 

(b) (6)

newenglandwagyu@gmail.com 

@aol.com 

(603) 813-2054 

NOTICE OF SUSPENSION HELD IN ABEYANCE 

Attention: Mr. Samuel Rowse, Owner 

This letter serves as official notification by the Food Safety and Inspection 

Service (FSIS) of our decision to place the suspension action at The Local 

Butcher (Est. M45176), located at 536 South Barnstead Road Center Barnstead, 

New Hampshire 03225 in abeyance. 

The decision to institute the abeyance was made in accordance with the Rules of 

Practice, Title 9 of the Code of Federal Regulations (9 CFR) Part 500.5 part (e). 

In response to the Notice of Suspension (NOS), you submitted proposed 

corrective actions and preventative measures on April 26, 2023. On April 27, 

2023, FSIS requested clarification on the responses. On April 27, and April 28, 

2023 you submitted responses to the clarification request which included 

corrective actions and program updates. 

Your corrective and preventative measures include but are not limited to: 

1. Review our Robust Systematic Approach to Humane Handling to ensure 

moving forward that we have a foolproof robust systematic slaughter 

approach, to be updated in the coming weeks. 

2. Review all steps to be taken in the event of a missed stun. 

3. We will add to our SOP for animal consciousness or signs of death, 

additional checks to be used in addition to our corneal reflex test. 

4. We will mark the animals target stunning location for 30 days and 

continue using our stunning techniques, x marks the spot from the from 

top of the eyes to center of the horns and ensure that the angle of the 

stunner is positioned correctly, with a perpendicular placement on the 

skull for each stun. 

5. We will split a beef skull for training and education purposes, for all 

slaughter floor employees to see and understand, two beef heads per day 
 

 

 

 

 

 

 

 

 

the first week, one beef head per day for the second week and two beef heads per 

week for the rest of the 90 days and two beef heads quarterly thereafter. 

6. We are going to send our Slaughter Floor Manager to a North American Meat 

Institute Animal Care and Handling Conference in person on May 25th and 26th 

in Kansas City Missouri. 

https://www.meatinstitute.org/index.php?ht=d/sp/i/10422/pid/10422 

7. Each beef will be stunned first with a 44-magnum rifle, for the 90 days and 

continued thereafter. 

8. Each beef will be security stunned with a captive bolt stunner for the 6 weeks. 

9. Create and implement a log/checklist to verify; accuracy of placement and angle 

of the stunner, two-part verification for animal consciousness, to be used on every 

slaughter and beef head splitting. Attached a copy of the Stun Marking and 

Animal Consciousness Log 

10. Create and implement a check list for slaughter floor employee training to include 

hours logged and to be signed off on by a plant manager, biweekly for the next 90 

days, and then quarterly thereafter. Attached a copy of the Training and Material 

Review Log. 

11. Revise the Stunning Log to include a security stun on every beef for 6 weeks. 

Attached a copy of the Stunning Log. 

12. Support Documents for Humane Handling: 

https://www.grandin.com/humane/cap.bolt.tips.html 

How to Determine Insensibility (Unconsciousness) in Cattle, Pigs, and Sheep in 

Slaughter Plants (grandin.com) 

FSIS has carefully reviewed your responses and made the decision to place the NOS in 

abeyance. FSIS has designed a Verification Plan (VP), and Inspection Program Personnel 

(IPP) will use it to monitor and verify that you have effectively implemented your 

proposed actions. The VP identifies your corrective actions based on your responses, the 

relevant regulatory requirements, the tasks IPP will use to conduct verification activities, 

and the time frames that you identified. IPP will continue to ensure all humane 

handling/stunning regulatory requirements of 9 CFR Part 313 are in regulatory 

compliance. We have attached a copy of the VP to assist you as a reference during the 

Agency’s verification activities. 

A final decision relative to this enforcement action will be determined based on your 

establishment’s ability to execute and comply with your proffered corrective actions and 

all applicable regulatory requirements. Your establishment’s failure to meet the 

conditions of this abeyance may result in additional regulatory and/or administrative 

actions in accordance with the Rules of Practice 9 CFR Part 500. 

If you have any questions regarding this matter, please feel free to contact Dr. Chelsea 

Buckley, DDM, via electronic mail at chelsea.buckley@usda.gov or by telephone at 267-

807-7615. Additionally, you can contact the Philadelphia District Office at (800) 637-

6681or by fax at (215) 597-4217. 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

y 

Sincerely, 

Digitally signed by JASON JASON ORLANDO 

Date: 2023.04.28 ORLANDO 16:49:16 -04'00' 

Mr. Jason Orlando 

District Manager 

An Equal Opportunity Provider and Employer 
The Local Butcher, LLC (EST M45716) Verification Plan 

April 28, 2023 

ESTABLISHMENT ACTION PLAN 9CFR 

REGULATION 

HUMANE 

HANDLING 

VERIFICATION 

CATEGORY 

FREQUENCY 

1.Each beef will be stunned first with a 44-

magnum rifle, for the 90 days and continued 

thereafter. Each beef will be security 

stunned (secondary stun) with a captive 

bolt stunner for the 6 weeks once the 

Abeyance is instituted. Results to be 

documented on the Stunning Log to include 

a security stun on eve1y beeffor 6 weeks. 

*Stunning Log 

313 .16 

313 .15 

Catego1y VIIIStunning 

effectiveness 

1.Upon 

implementation, 

April 28, 2023, and 

Each beefslaughter 

day. 

2. Establishment slaughter employees will 

mark the animals target stunning location for 

30 days and then continue their stunning 

techniques, x marks the spot from the from 

top ofthe eyes to center ofthe horns and 

ensure that the angle ofthe stunner is 

positioned conectly, with a pe1pendicular 

placement on the skull for each stun. 

2A. Establishment management implements 

a log/checklist to verify: Accuracy of 

placement and angle of the stunner, two-part 

verification for animal consciousness, to be 

used on eve1y slaughter and beef head 

splitting. 

*Stun Marking and Animal Consciousness 

Log 

313.16 

313.15 

Catego1y VIIIStunning 

effectiveness 

2.Upon 

implementation, 

April 28, 2023, and 

Each beefslaughter 

day, for the first 30 

days ofthe 

Abeyance. 

2A. Upon 

implementation, 

April 28, 2023, and 

Each beefslaughter 

day thereafter. 

3A. Establishment personnel will split a beef 

skull for training and education pmposes, for 

all slaughter floor employees to see and 

understand: 

i) Two beefheads per day the first week (of 

Abeyance). 

ii) One beefhead per day for the second 

week (ofAbeyance). 

iii) Two beefheads per week for the rest of 

the 90 days ( ofAbeyance) 

iv) Two beef heads quarterly thereafter. 

3B. Establishment management implements 

313.16 

313.15 

Catego1y VIII -

Stunning 

effectiveness 

3A-B. Upon 

implementation, 

April 28, 2023, and 

Each occunence. 

An Equal Opportunity Provider and Employer 
 

 

a check list for slaughter floor employee 

training to include hours logged and to be 

signed off on by a plant manager, biweekly 

for the next 90 days, and then quarterly 

thereafter. 

*Employee Training and Material Review 

Log. 

4. Establishment Slaughter Floor Manager to 

attend the North American Meat Institute 

Animal Care and Handling Conference in 

person on May 25th and 26th in Kansas City 

Missouri. 

313 (et seq) Category VIII – 

Stunning 

effectiveness 

4.Confirmation by 

June 1, 2023. 

Humane handling verification every slaughter operation day to verify the adequacy and effectiveness of the establishment’s 

compliance with the humane handling regulatory requirements of 9 CFR Part 313. 

*Inspection Program Personnel will review all monitoring, verification, and corrective action records to verify procedures 

are being conducted as prescribed and at the specified frequency. 

An Equal Opportunity Provider and Employer 
Cc: 

Mr. Paul Wolseley, EARO, FSIS, OFO, Washington, DC 

Ms. Melissa Moore, EARO, FSIS, OFO, Washington, DC 

Mr. Joseph Priore, RD, FSIS, OIEA, Northeast Region 

Mr. Jason Orlando, DM, FSIS, OFO, Philadelphia District Office 

Dr. Chelsea Buckley, DDM, FSIS, OFO, Philadelphia District Office 

Mr. George Slobodjian, DDM, FSIS, OFO, Philadelphia Disti·ict Office 

Mr. Jose h Schein, DDM, FSIS, OFO, Philadelphia Disti·ict Office 

, SEIAO OFO Philadelphia Disti·ict Office 

DCS, OFO, Philadelphia Disti-ict Office 

, DVMS, FSIS, OFO Philadelphia Disti-ict Office 

VMS, FSIS, OFO Philadelphia Disti·ict Office 

, FLS, FSIS, OFO, Philadelphia District 

, SPHV, FSIS, OFO, Philadelphia Disti·ict 

, CSI, FSIS, OFO, Philadelphia Disti-ict 

FSIS - FO/Quarterly Enforcement Report 

An Equal Opportunity Provider and Employer