USDA
—

United States Department of Agriculture

Food Safety and
Inspection Service September 19, 2023
Office of Field .
Operations Verbally Delivered on September 15, 2023
Des Moines Electronically Delivered on September 19, 2023
District Office
Neal Smith . 7
Federal Building Russ Heinrichs, Establishment Manager
210 Walnut Street Farmers Union Industries, LLC, Est. M21898
Room 985

P.O. Box 77
pene "a Estherville, lowa 51334

rheinrichs@redwoodfarmsmp.com

Voice 712-362-2225
515.727.8960
Fax 515.727.8991

LETTER OF DEFERRAL

Attention: Russ Heinrichs

This letter confirms verbal notification > DVMS at approximately 1300 on

September 15, 2023, of the Des Moines District Office, Food Safety and Inspection Service

(FSIS) decision to defer further action at this time, regarding the Notice of Intended Enforcement
(NOIE).

The NOIE was initiated on September 12, 2023, due to the observation of an egregious humane
handling incident at Establishment M21898, Farmers Union Industries, LLC., located at 2421 9th
Avenue South, Estherville, lowa 51334. On September 13, 14, and 15, 2023 you provided this
office, via multiple emails, written corrective actions and preventative measures, in response to
the regulatory noncompliance detailed in the NOIE. The response outlined actions adequate to
address the noncompliance regarding humane handling of livestock requirements, including a
plan to maintain compliance with the Federal Meat Inspection Act (FMIA) Title 21 of the United
States Code (21 U.S.C. 603), the Humane Methods of Slaughter Act of 1978 (HMSA) (7 U.S.C.
1901 et seq), and federal regulations {Title 9 of the Code of Federal Regulations (9 CFR) Part
313.30(a)(3) and 313.15(a)(1)}.

Based on your written response, you were informed via telephone, that the suspension of the
assignment of IPP, for slaughter operations, at your establishment is placed in deferral effective
September 15, 2023.

The deferral period will remain pending verification by FSIS personnel that your proposed
corrective actions and preventive measures have been effectively implemented and are adequate
to maintain compliance. Establishment personnel should monitor operations to prevent violations
of humane handling and slaughter from occurring in the future. It is also important for you to
understand the responsibility of FSIS to initiate action when there is a failure to operate in
accordance with 9 CFR Part 313 of the regulations.

Page 1 of 2


Russ Heinrichs, Establishment Manager Letter of Deferral
Farmers Union Industries, LLC. Est. M21898 September 18, 2023

During the deferral period verification activities will be conducted by IPP and results will be
reported to the Des Moines District Office on a weekly basis. The decision to place the NOTE in
deferral is based on the proffered actions. Any modifications to your submitted corrective actions
and preventive measures made during the deferral period need to be submitted, in writing, to the
Des Moines District Office for review prior to implementation by your establishment.

Please be advised that, as a federally inspected establishment, you are expected to comply with
FSIS regulations and to take appropriate corrective action to prevent inhumane handling of
livestock at your establishment. Your failure to comply with these requirements or to implement
the measures in your action plan could result in reinstatement of the suspension of inspection at
your establishment or other appropriate administrative or legal action.

If you have questions regarding this matter, please feel free to contact the Des Moines District
Office, at 515-727-8960 or , District Veterinary Medical Specialist (DVMS),
Sincerely,
Digitally signed by
MARK MARK JOHNSON
Date: 2023.09.19
JOHNSON P5270"
Dawn Sprouls, DVM
District Manager

USDA FSIS OFO
Des Moines District Office