USDA 

"??:::777 

- United States Department of Agriculture 

March 26, 2024 

Swiss Processing Plant Inc. ELECTRONIC MAIL on 03/26/2024 

Est. M2969+P2969+V2969 FEDEX TRACKING 775697334117 

2056 Highway 19 South 

Hermann, Missouri 65041 

Sharon.fennewald@sv-.rissmeats.com 

(573) 486-2086 

Attention: Sharon Fennewald. Plant Manager 

NOTICE OF SUSPENSlON 

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 Inspe:ction 

Program Personnel (IPP) at Swiss Processing Plant Inc., Est. M2969+P2969+V2969, located at 

2056 Highway 19 South, Hem1ann, Missouri 65041. This letter follows verbal notification of the 

suspension action, provided by CSI, to Sharon Fennewald, Plant Manager, at 

approximately 2:30 PM on 3/25/2024. This action includes your Slaughter Hazard Analysis 

Critical Control 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 determination that your 

establishment did not handle or slaughter animals humanely. The evidence demonstrates faih1re to 

comply with the Federal Meat Inspection Act (FMIA) (2 1 U.S.C. 603), the Humane Methods of 

Slaughter Act (HMSA) (7 U.S.C. 190 l el seq.)~and the regulatory requirements (9 CFR Part 313). 

Background/ Authority 

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

weJfare ofconsumers 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 desiginated 

by the Secretary of Agiiculture, to prescribe rules and regulations describing sanitation 

requirements for inspected establishments and provide FSIS progran1 persorn1el the authority to 

refuse to allow meat/meat food products to be marked, labeled, stamped, or tagged as inspected 

andpassed, to prevent the entry of adulterated products into commerce. Furthermo _ re, the FMIA 

provides FSIS the authority to appoint inspectors to examine and inspect the method by which 

livestock are slaughte,·ed 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 i111provemeot of products and economies in 

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

which tend to ex'Pedite an orderly flow of Iivestock m1d livestock products ju interstate and foreign 

commerce. It is therefore declared to be the policy of the United States that the slaughteliing of 
Ms. Sharon Fennewald, Plant Manager Notice of Suspension 

Swiss Processing Plant Inc., Est. M2969+P2969+ V2969 March 26, 2024 

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 1354 hours on March 25, 2024, FSIS Inspection Program Personnel (IPP) 

observed a humane handling incident, as documented in Noncompliance Record (NR) 

DEG4215031025N. The NR states an establishment employee attempted to stun a caprine 

animal using a captive bolt stunning device. After the initial knock creating a visible head 

wound, the animal remained standing, was tracking personnel with eyes open, and struggling 

against an employee trying to force the animal to the ground after the head restraint was 

released. IPP immediately informed the establishment that the animal was conscious, and the 

establishment HACCP coordinator informed the employee of the same conclusion. Although the 

animal was still conscious, the employee restraining the animal used a knife and stuck the animal 

in the throat, wounding the animal, and resulting in vocalization from the animal. IPP 

immediately reiterated that the animal was conscious and the need to apply a second stun. At this 

time, the employee reloaded the captive bolt device and applied a second stun resulting in loss of 

consciousness. Additionally, on post-mortem examination, it was identified that both stun 

attempts entered the sinus cavities and failed to penetrate the brain. IPP applied US Reject Tag 

B460396538 to the knock box and informed establishment management ofthe noncompliance. 

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 "FSJS Compliance Guide for a Systematic Approach to the 

Humane Handling ofLivestock." Within the guidance material is information intended to better 

ensure the humane treatment of livestock presented for slaughter. The guidance material provides 

a set ofpractices 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. 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. 

Pagel of4 
Ms. Sharon Fennewald, Plant Manager Notice of Suspension 

Swiss Processing Plant Inc., Est. M2969+P2969+ V2969 March 26, 2024 

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 oflivestock was 

not by a method in accordance with the Act(s). Evidence demonstrates your failure to meet 

regulatory requirements addressed in 9 CFR 313.15(a)(l), constituting a violation of the humane 

slaughter requirements, and supporting the conclusion that your handling of livestock violated the 

provisions ofthe FMIA and HMSA. 

Please provide a written response, inclusive ofwritten 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 offurther 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 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.moore l@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. 

Ifyou wish to request a hearing regarding this determination, please contact: 

Page3 of4 
Ms. Sharon Fennewald, Plant Manager 

Swiss Processing Plant Inc., Est. M2969+P2969+V2969 

Notice ofSuspension 

March 26, 2024 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office oflnvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Department 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: AEBCorrespondence@usda.gov 

If you have any questions, please contact Dr. Evan Sumner via telephone at (479) 717-5023 or 

via electronic mail at evan.sumner@usda.gov. Additionally, you can contact Springdale District 

Office at 4 79-751-8412 or by fax at 479-751 -4739. 

Sincerely, 

~~ District Manager 

Page-' of -4