USDA

... 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Des Moines 

District Office 

Neal Smith 

Federal Building 

210 Walnut Street 

Room985 

Des Moines, IA 

50309-2123 

Voice 

515.727.8960 

Fax 515.727.8991 

Febrnruy 2, 2024 

Electronically mailed on Febrna1y 2, 2024 

Michael Haru·sma, Owner 

Blair Meat Market, LLC, Est. M47886 

650 West 4th Street 

Blair, Wisconsin 54616 

blaitmeatmarket202 l@gmail.com 

608-989-2510 

NOTICE OF SUSPENSION 

Attention: Michael Haarsma 

This letter serves as official notification by the Food Safety and hlspection Se1vice 

(FSIS) of our decision to withhold the federal mru·ks of inspection and suspend the 

assignment ofhlspection Program Personnel (IPP) for all slaughter operations at Blau· 

Meat Market, LLC, Establishment M47886, located at 650 West 4th Street, Blair, 

Wisconsin 54616. This letter follows notification via phone of the suspension action, 

provided by , Frontline Supe1visor, to Mr. Michael Haarsma, Owner, 

at approximately 1435 hours on Februruy 2, 2024. 

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

Federal Regulations (CFR) Part 500.3(b) due to an egregious inhumane handling 

incident that occtmed at your establishment on Februaiy 2, 2024. The evidence 

demonstrates failure to comply with the Federal Meat hlspection Act (FMIA) (21 

U.S.C. 603), the Humane Methods ofSlaughter Act (HMSA) (7 U.S.C. 1901 et seq.), 

and the regulato1y requirements (9 CFR Pait 313). 

Background 

The Federal Meat hlspection 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 oflivestock, the secreta1y shall cause to be made, by it1spectors appointed 

for that pmpose, 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 it1 the slaughtering establishments it1spected 

m1der this Act. The Secretaiy may refuse to provide inspection to a new slaughtering 

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

establishment ifthe Secretruy finds that any cattle, sheep, swine, goats, horses, mules, 

or other equines have been slaughtered or hru1dled in connection with slaughter at such 

establishment by any method not in accordance with the Humane Methods of 

Page 1 of4 
Michael Haarsma, Owner Notice of Suspension 

Blair Meat Market, LLC, Est. M47886 February 2, 2024 

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. 

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 

At approximately 0930 hours, while performing a Livestock Humane Handling task observing 

HATS Category VIII (Stunning Effectiveness), IPP observed the following noncompliance. An 

establishment employee administered an electrical stun to the head of a hog and rendered the 

animal unconscious. When the establishment employee went to administer the heart stun, the 

electric wand would not work. After a short time, the establishment employee determined the 

wand would not work and decided to use the handheld captive bolt (HHCB) on the animal. 

Before the HHCB stun attempt, the animal regained consciousness and stood up. 

After the HHCB device was discharged, there was no effect on the animal. The hog remained 

conscious, standing calmly, and did not vocalize. The establishment employee immediately 

reloaded the HHCB device and applied a second stun, rendering the animal unconscious. 

During postmortem inspection, IPP viewed the skinned split skull and observed two holes had 

penetrated the skull, with one hole located just above the brain cavity, the other into the brain 

cavity. 

This is noncompliant with 9 CFR 313.15(a)(1) and 313.30(a). IPP took a regulatory control 

action and verbally informing the employee that slaughter operations were ceased until 

preventative measures were given. IPP later placed a U.S. Reject tag #B38470992 on the 

restrainer. IPP informed Michael Haarsma, Owner, of the forthcoming noncompliance record 

2 
Michael Haarsma, Owner Notice of Suspension 

Blair Meat Market, LLC, Est. M47886 February 2, 2024 

and that IPP would contacting the district office through the supervisory chain for additional 

guidance. 

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 detailed in 9 CFR 313.15(a)(1) and 313.30(a) 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. 

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 made a decision 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 address the 

noncompliance detailed in this NOS, 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. Measures to prevent reoccurrence. 

4. Any training of employees, materials used, and associated records. 

5. Type of monitoring activity(s) to be conducted and associated monitoring records. 

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: 

3 
Michael Haarsma, Owner Notice of Suspension 

Blair Meat Market, LLC, Est. M47886 Februruy 2, 2024 

Sheni N. Johnson, Executive Associate for Regulatory Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Department ofAgriculture 

1400 Independence Avenue, SW 

South Building, Room 1330A 

Washington, DC 20250 

sheni • ohnson usda. ov 

Phone number: 

Pursuant to 9 CFR 500.5( d), you may also request a heru·ing regru·diug this detennination. 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 detenniuation~ please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff(EOS) 

Office ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Deprutment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence A venue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCon espondence@usda.gov 

Office at 515-727-8960 or District Veterinaiy Medical Specialist 

Ifyou have questions regarding this matter, please feel free to contact the Des Moines District 

Sincerely, 

Digitally signed by JEFFERY JEFFERY JACOBSEN 

JACOBSEN Date: 2024.02.02 

15:42: 30 -06'00' 

Mr. Jeffe1y Jacobsen 

District Manager 

USDA FSIS OFO 

Des Moines District 

4