USDA 

-

~ United States Department of Agriculture 

November 15, 2023 

Clausen Meat Company, fuc. 

Establishment 325M ELECTRONIC MAIL on November 15, 2023 

PO Box 1826 

Tm-lock CA 95381 

Email: @yahoo.com 

@yahoo.com 

clausenmeat@gmail.com 

Telephone: 209-667-8699 

Attention: Mr. Ping Lau, President 

NOTICE OF SUSPENSION 

This letter serves as official notification by the Food Safety and fuspection Service (FSIS) of om 

decision to withhold the federal marks of inspection and suspend the assignment of fuspection 

Program Personnel (IPP) at Clausen Meat Company, fuc. Establishment 325M, located at 19455 

Clausen Road, Turlock, CA 95380. This letter follows verbal notification ofthe suspension action, 

provided by Dr. Virginia Felix, Acting District Manager (DM), to you at approximately 1 :45 pm 

on November 15, 2023. This action includes your Slaughter Hazard Analysis Critical Contrnl Point 

(HACCP) processes employed at yow- 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 yowestablishment did not handle or slaughter animals humanely in accordance with Title 9 CFR 

313.5(a)(3), 313.5(a)(l), 313.30(a)(l), and 313.30(a)(3). The evidence of egregious inhumane 

handling demonstrates failme to comply with the Federal Meat fuspection 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 Pali 313). 

Background/ Authority 

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

welfare ofconsumers be protected, by assming meat products distributed to them are wholesome, 

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

by the Secretaiy of Agricultme, 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 exainine 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 6 
 

 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Clausen Meat Company, Inc. 325M November 15, 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 November 15, 2023, the FSIS Consumer Safety Inspector (CSI) observed your establishment’s 

failure to conduct slaughter of livestock in accordance with the regulatory requirements. At 

approximately 0505 hours, while verifying Humane Activity Tracking System (HATS) Category 

VIII (Stunning Effectiveness), the CSI observed a market pig exiting the CO2 stunner, was 

breathing, shaking and struggling to get up. The CSI observed that it was rhythmically 

breathing. Using his flashlight, the CSI observed the pig’s eyes had tracking movement. He 

further noted the CO2 chamber was packed and overstocked with market hogs as the gondola 

was having difficulty emptying the pigs. The CSI immediately notified an establishment 

employee of his observations as another employee hoisted the pig onto the rail. The CSI 

observed the pig continuing to breathe rhythmically. In response to the flashlight, the pig’s eyes 

moved right to left as it continued tracking the light as well as the CSI’s finger, and it was 

vocalizing by squealing. 

An establishment employee retrieved the first back-up electrical stunner located near the sticking 

stand and applied the stun to the animal, but it malfunctioned and failed to emit any electrical 

stun. The employee then retrieved a second back-up electrical stunner located next to the CO2 

chamber. The pig continued to vocalize (squeal) as the stun operator made three attempts to stun 

the animal. However, none of these stunning attempts were effective as the pig continued 

vocalizing during the process. 

The employee then stuck the pig as it continued to vocalize and was conscious. The pig bled out 

and became insensible with no vocalization, eye tracking or rhythmic breathing. 

The CSI notified Mr. Jeff Morgado, Plant Manager, of this noncompliance and that no further 

slaughter would be allowed due to the inhumane handling of livestock. The CSI placed U.S. 

Rejected Tag No. B39286350 to the CO2 chamber so no further slaughter could occur. 

An Equal Opportunity Provider and Employer Page 2 of 6 
 

 

 

 

 

 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Clausen Meat Company, Inc. 325M November 15, 2023 

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

This is a violation in accordance with Title 9 CFR 313.5(a)(3) which states, “On emerging from 

the carbon dioxide tunnel, the animals shall be in a state of surgical anesthesia and shall remain 

in this condition throughout shackling, sticking, and bleeding, except for swine in which death 

has been induced by the administration of carbon dioxide. Asphyxia or death from any cause 

shall not be produced in animals before bleeding, except for swine in which death has been 

induced by the administration of carbon dioxide.” Your establishment failed to ensure the 

animal remained in a state of surgical anesthesia throughout shackling, sticking and bleeding. 

In addition, this is a violation in accordance with Title 9 CFR 313.5(a)(1) which states, “The 

carbon dioxide gas shall be administered in a chamber in accordance with this section so as to 

produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or 

cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the 

anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals. In 

swine, carbon dioxide may be administered to induce death in the animals before they are 

shackled, hoisted, thrown, cast, or cut.” Your establishment failed to administer carbon dioxide 

gas so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, 

cast, or cut. 

This is also a violation in accordance with Title 9 CFR 313.30(a)(1), which states, “The electric 

current shall be administered so as to produce, at a minimum, surgical anesthesia, i.e., a state 

where the animal feels no painful sensation. The animals shall be either stunned or killed before 

they are shackled, hoisted, thrown, cast, or cut. They shall be exposed to the electric current in a 

way that will accomplish the desired result quickly and effectively, with a minimum of excitement 

and discomfort.” Your establishment failed to administer an electric current so as to produce 

surgical anesthesia, i.e., a state where the animal feels no painful sensation. 

Furthermore, this is a violation in accordance with Title 9 CFR 313.30(a)(3), which states, “The 

quality and location of the electrical shock shall be such as to produce immediate insensibility to 

pain in the exposed animal.” Your establishment failed to administer an electrical shock such 

as produce immediate insensibility. 

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. 

An Equal Opportunity Provider and Employer Page 3 of 6 
 

 

 

 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Clausen Meat Company, Inc. 325M November 15, 2023 

When an establishment maintains a robust humane handling program, FSIS can exercise regulatory 

discretion when an inhumane handling or slaughter incident is observed. Although your 

establishment has previously developed and implemented a systematic approach to humane 

handling that was considered robust, you have failed to effectively implement your program 

accordingly. 

Specifically, your written program titled “Robust Systematic Approach to Humane Handling SOP 

107 – CO2 Stunning and Backup Stunning,” states that the “electrodes for the electric stunner 

backup units are cleaned daily and checked for operations before slaughter begins each day, 

recorded on the daily maintenance log.” Your approved hours of operation are 3:30 am to 12:00 

pm, Monday through Friday. However, in review of your “Robust Systematic Approach to 

Humane Handling Electrical Stun Box and Captive Bolt Maintenance Log,” from October 9, 2023, 

to November 14, 2023, your establishment is not checking the units prior to operations. However, 

your written program, as stated above, requires that the units will be checked “before slaughter 

begins each day.” Furthermore, there are no checks recorded on the log for today, November 15, 

2023, indicating that your employees did not check the electric stunner backup units at all today. 

Your establishment is not implementing or maintaining the procedures developed in your robust 

humane handling program, and therefore you do not have a well-functioning system in place. 

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 313.5(a)(3), 313.5(a)(1) 313.30(a)(1), and 

313.30(a)(3), 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. 

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. 

An Equal Opportunity Provider and Employer Page 4 of 6 
 

 

 

 

 

Mr. Ping Lau, President Notice of Suspension 

Clausen Meat Company, Inc. 325M November 15, 2023 

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: (202) 379-6196 

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. 

Sincerely, 

/s/ Dr. Virginia Felix 

Deputy District Manager 

(for) 

Virginia Felix, DVM 

Acting District Manager 

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cc: S. Johnson, EARO 

Mr. Ping Lau, President Notice of Suspension 

Clausen Meat Company, Inc. 325M November 15, 2023 

(b) (6)

Humane Handling Enforcement Coordinator 

S. Smith, OIEA Regional Director 

G. Abreu, DDM 

F. Gillis, DDM 

SEIAO 

DCS 

FLS 

EIAO 

IIC at Est. M325 

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

DVMS 

FO/Quarterly Reports 

An Equal Opportunity Provider and Employer Page 6 of 6