USDA 

iilllllllll 

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 

Febmaiy 23, 2024 

Electronically mailed on Febrnaiy 23, 2024 

Russ Heinrichs, Establishment Manager 

Fanners Union Industries, LLC, Est. M21898 

P.O. Box 77 

Estherville, Iowa 51334 

rheinrichs@redwoodfru.msmp.com 

712-362-2225 

NOTICE OF REINSTATEMENT OF SUSPENSION 

Attention: Russ Heimichs 

This letter se1ves as official notification by the Food Safety and Inspection Se1vice 

(FSIS) of our decision to withhold the federal mai-Ics of inspection and suspend the 

assignment of Inspection Program Personnel (IPP) for all slaughter operations at 

Faimers Union Industries, LLC., Establishment M21898, located at 2421 9th Avenue 

South, Esthe1ville, Iowa 51334. This letter follows verbal notification of the 

reinstatement of suspension action, provided by , Frontline 

Supe1visor, to Mr. Russ Heinrichs, Establishment Manager, at approximately 1340 

homs on Febmaiy 23, 2024. 

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

Federal Regulations (CFR) Pait 500.3(b) based on the detennination that yowestablishment did not handle or slaughter animals humanely. The evidence 

demonstrates failme 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 Pait 313). 

Background 

The Federal Meat Inspection Act (FMIA) (Title 21 of the United States Code {21 

U.S.C.} 603 et seq) provides that for the pm-pose of preventing the inhumane 

slaughtering oflivestock, the secreta1y shall cause to be made, by inspectors appointed 

for that purpose, 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 in the slaughtering establishments inspected 

under this Act. The Secreta1y may refuse to provide inspection to a new slaughtering 

establishment or may cause inspection to be temporai·ily suspended at a slaughtering 

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

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

Page 1 of 4 
Russ Heinrichs, Establishment Manager Notice of Reinstatement of Suspension 

Faimers Union Industries, LLC. Est. M21898 Febrnaiy 23, 2024 

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

(HMSA) (72 Statute, 862; Title 7 U.S.C. 1901 to 1906) until the establishment furnishes 

assurances satisfacto1y to the Secretaiy 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 econoinies in 

slaughtering operations; and produces other benefits for producers, processors, and consumers 

which tend to expedite an orderly flow oflivestock and livestock products in interstate and foreign 

commerce. It is therefore declai·ed to be the policy of the United States that the slaughtering of 

livestock and the handling of livestock in connection with slaughter shall be can-ied out only by 

humane methods. 

Under the authority of the Acts, FSIS has prescribed rnles and regulations required for 

establishments slaughtering and handling livestock, as required by 9 CFR Pait 313. FSIS has also 

developed the Rules of Practice regarding adininistrative enforcement, 9 CFR Pait 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 1250 hours, while perfo1ming a HATS Catego1y VIII task, Stunning 

Effectiveness, as pa.it of a Verification Plan for a Notice of Suspension (NOS), IPP observed the 

following noncompliance. In the stunning room, an establishment employee attempt to stun a 

mai·ket hog in the resti·ainer with the simultaneous application of two electrical stunning wands to 

the head and thorax. When he touched the hog with the wands the animal stiffened momentarily. 

The stunning wand, that initiates the stun cycle, broke at the base of the unit. The hog remained 

conscious, vocalizing, and snuggling in the restrainer. IPP observed the hog exhibiting rhythmic 

breathing and blinking n01mally. The employee immediately applied a second stun with a 

preloaded handheld captive bolt (HHCB) device, which effectively rendered the hog unconscious. 

IPP took a regulato1y control action and info1med the employee to stop stunning and placed a U.S. 

Reject tag# B-45701099 to the resti·ainer. This is noncom liant with 9 CFR 313.3~ 

313 .30(b )(3). IPP then infonned Operations Mana er and QA Managerof the fo1thcoining noncompliance and called for fmther guidance. 

On September 12, 2023, the establishment was issued a Notice of Intended Enforcement due to an 

egregious humane handling incident. The stunning attempt in the resti·ainer with two electi·ical 

stunning wands was ineffective and the immediate follow up stun with the pneumatic captive bolt 

stunner was ineffective. The third stun attempt with the HHCB stunner rendered the animal 

unconsc10us. 

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Russ Heinrichs, Establishment Manager Notice of Reinstatement of Suspension 

Farmers Union Industries, LLC. Est. M21898 February 23, 2024 

On December 18, 2923, the establishment was issued a Notice of Suspension due to an egregious 

humane handling incident. The stunning attempt of a disabled ambulatory hog in the stunning 

room with a HHCB device was ineffective and the hog continued to walk around the enclosed area. 

After the establishment employee retrieved the mobile electrical stunner from the barn, the hog 

was rendered unconscious with two electrical stunning probes on one wand being applied first 

behind the ears and then on the heart. 

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 313.30 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 have a humane handling program that meets the four criteria as described 

in the Federal Register Notice of September 9, 2004, but is currently under Abeyance of a Notice 

of Suspension that was issued on December 18, 2023. Based on the above findings, the Des Moines 

District Office has made a decision to reinstate the suspension of 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 Notice of Reinstatement of Suspension (NROS), 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 

NROS 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. 

3 
Russ Heinrichs, Establishment Manager Notice of Reinstatement ofSuspension 

Faimers Union Industries, LLC. Est. M21898 Febrnaiy 23, 2024 

Please be advised that based on your past histo1y ofnoncompliance concerning inhumane handling 

of livestock the Des Moines District Office may be consulting with the Office of Investigation, 

Enforcement and Audit, Enforcement and Litigation Division which may result in the removal of 

yow- Grant of Inspection. 

Appeal apd Hearing Rights 

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

SheITi N. Johnson, Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Depaiiment ofAgriculture 

1400 Independence A venue, SW 

South Building, Room 1330A 

Washington, DC 20250 

sheni • ohnson 

Phone number: 

,usda. 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regai·ding this dete1mination. Should 

you request a heai·ing, FSIS will file a complaint that will include a request for an expedited heai·ing. 

Ifyou wish to request a heai·ing regai·ding this detennination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff(EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaiiment 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: AEBC01Tespondence@usda.gov 

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

If you have questions regai·ding this matter, please feel free to contact the Des Moines District 

Sincerely, 

Digitally signed by Todd C. 

Gerwig 

Date: 2024.02.23 16:16:48 -06'00' 

fo Mr. Jeffe1y Jacobsen 

District Manager 

USDA FSIS OFO 

Des Moines District 

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