Food Safety and 

Inspection Service

Office of Field 

Operations

Atlanta District Office 

100 Alabama St., SW. 

Suite 3R90

Atlanta, GA. 30303

Phone: 404-562-5900

Fax: 404-562-5877

Toll Free:

800-282-7005

August 3, 2023

Johnston’s Locker Plant, Inc. 

M11198

1480 Washington Street

Monticello, FL 32344 

hal@johnstonsmeatmarket.com

(850) 997-5622 

Attention: Mr. Hal Bennett, Owner

NOTICE OF SUSPENSION

Certified Mail

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

Service (FSIS) of our decision to withhold the federal marks of inspection and 

suspend the assignment of Inspection Program Personnel (IPP) at Johnston’s 

Locker Plant, Est. M11198, located at 1480 Washington Street, Monticello FL 

32344. This letter follows verbal notification of the suspension action, provided 

by , Supervisory Public Health Veterinarian, to Mr. Hal 

Bennett, Owner, at approximately 1:50PM on August 2, 2023. This action 

includes your Slaughter Hazard Analysis Critical Control Point (HACCP) 

processes employed at your 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 determination that your establishment did not handle or slaughter animals 

humanely. The evidence demonstrates failure 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 regulatory requirements (9 CFR Part 

313).

Background/Authority

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

that the health and welfare of consumers be protected, by assuring meat 

products distributed to them are wholesome, not adulterated, and properly 

marked, and labeled. The Act gives FSIS the authority, as designated by the 

Secretary of Agriculture, to prescribe rules 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

An Equal Opportunity Provider and Employer

(b) (6)
Mr. Hal Bennett, Owner

Johnston’s Locker Plant, Inc, M11198

Notice of Suspension 

August 3, 2023

An Equal Opportunity Provider and Employer

marked, labeled, stamped, or tagged as inspected and passed, to prevent the entry of 

adulterated products into commerce. Furthermore, the FMIA provides FSIS the authority 

to appoint inspectors to examine 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 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

This Notice of Suspension is based upon your establishment being in violation of 9 CFR

313.2 (a), 9 CFR 313.2 (b), and 9 CFR 313.2 (c).

9 CFR 313.2 (a) states: Driving of livestock from the unloading ramps to the holding pens 

and from the holding pens to the stunning area shall be done with a minimum of 

excitement and discomfort to the animals. Livestock shall not be forced to move faster 

than a normal walking speed. 

9 CFR 313.2 (b) states: Electric prods, canvas slappers, or other implements employed to 

drive animals shall be used as little as possible in order to minimize excitement and 

injury. Any use of such implements which, in the opinion of the inspector, is excessive, is 

prohibited. Electrical prods attached to AC house current shall be reduced by a 

transformer to the lowest effective voltage not to exceed 50 volts AC. 

9 CFR 313.2 (c) states: Pipes, sharp or pointed objects, and other items which, in the 

opinion of the inspector, would cause injury or unnecessary pain to the animal shall not 

be used to drive livestock.
Mr. Hal Bennett, Owner

Johnston’s Locker Plant, Inc, M11198

Notice of Suspension 

August 3, 2023

An Equal Opportunity Provider and Employer

Specifically, on Wednesday, August 2, 2023, at approximately 7:30AM, while performing 

the humane handling task at Johnston’s Locker Plant Inc., Est. M11198, Inspection 

Program Personnel (IPP) observed the following humane handling noncompliance 

involving two establishment employees. There were six cows at the facility (1 cow in

pen #3, 3 cows in pen #2, and 2 cows in the alleyway). The employees were trying to 

move cattle from the alleyway to the knock box. One employee sprayed five of the cows 

with 145-degree Fahrenheit water while standing approximately 1 to 3 feet from the

cows. All five cows were drenched with the water. IPP notified the plant employee to 

stop; however, the employee proceeded to pick up a metal pipe and poked one of the

cows in the alleyway in its side with the metal pipe. A second plant employee climbed 

into the alleyway and forcefully kicked one of the cows twice in the middle of its face. 

The knock box was tagged with a U.S Reject Tag No. B-46 100515, and , 

Kill floor and Processing manager, was notified. 

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.

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

regulatory discretion when an inhumane handling or slaughter incident is observed. You 

do not currently maintain a written humane handling program for consideration. 

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

313.2 (a), 9 CFR 313.2 (b), and 9 CFR 313.2 (c) 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: 

(b) (6)
Mr. Hal Bennett, Owner

Johnston’s Locker Plant, Inc, M11198

Notice of Suspension 

August 3, 2023

An Equal Opportunity Provider and Employer

• 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. 

Appeal and Hearing Rights

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

Melissa Moore,

Executive Associate for Regulatory Operations 

Office of Field Operations

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3160 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: Melissa.Moore1@usda.gov

Phone: (202) 450-0330 

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 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250