iliiiii United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field Operations 

Jackson District Office 

713 S Pear Orchard Rd. 

Plaza 2, Suite 402 

Ridgeland, MS 39157 

October 18, 2023 

The Butcher Barn 

Est. M47576 

765 Anderson Road 

Dyersburg, Tennessee 38024 

circlelcattleco@gmail.com 

731-589-3548 

ELECTRONIC MAIL on October 18, 2023 

FEDEX TRACKING # 773783587657 

Attention: Mr. Jared Lee, Owner 

NOTICE OF SUSPENSION 

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 The Butcher 

Barn, Est. M47576, located at 765 Anderson Road, Dyersburg, TN. This letter 

follows verbal notification of the suspension action, provided by Ms. Cheryl 

Henry, DDM, to Mr. Jared Lee, Owner, at approximately 10:00 AM on October 

18, 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 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 

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Jared Lee, Owner Notice of Suspension 

The Butcher Barn, Est. M47576 October 18, 2023 

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 

At approximately 0805 while performing a humane handling verification task, the Supervisory 

Public Health Veterinarian (SPHV), observed the following: a pig was loaded into the knock box 

with no head restraint available. Your employee first attempted to apply stunning methods with 

a .22 caliber handgun. The pig remained standing and conscious after the first attempt. Your 

employee made a second attempt with the .22 which contacted the animal, but was again 

ineffective, the pig remained standing. There was a delay as a second establishment employee 

left the area to a separate part of the building to retrieve a .357 handgun as it was not 

immediately available. Your employee then made a third stunning attempt with the .357 which 

contacted the animal but was ineffective, as the animal remained standing. Your employee 

immediately fired a fourth shot with the .357 handgun which effectively rendered the animal 

unconscious, and it remained so thereafter. Immediate regulatory control action was taken by 

placing U.S. Reject/Retain tag (NO. B-45400145) on the knock box and Establishment Owner, 

Mr. Jared Lee was notified of the non-compliance and of the regulatory control action. 

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. 

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Jared Lee, Owner Notice of Suspension 

The Butcher Barn, Est. M47576 October 18, 2023 

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 313.16(a)(1) and 9 CFR 313.16(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. 

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 

United States Department of Agriculture 

1400 Independence Avenue 

Room 3160, South Building 

Washington, D. C. 

(b) (6)

20250 

Mobile 

melissa.moore1@usda.gov 

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: 

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Jared Lee, Owner Notice ofSuspension 

The Butcher Barn, Est. M47576 October 18, 2023 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaitment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBConespondence@usda.gov 

Ifyou have any questions, please contact Dr. Lai1y Davis via telephone at (601) 863-4206 or via 

electrnnic mail at lany.davis4@usda.gov. Additionally, you can contact the Jackson District 

Office at (601) 965-4312 or by fax at (601) 965-5901. 

Sincerely, 

Digitally signed CHERYL by CHERYLHENRY 

Date: 2023.10.18 HENRY 10:37:34 -05'00' 

for: 

Dr. Lany Davis 

Disti·ict Manager 

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Jared Lee, Owner Notice of Suspension 

The Butcher Barn, Est. M47576 October 18, 2023 

Cc: Ms. Melissa Moore, EARO 

Mr. Larry Hortert, OIEA Regional Director 

(b) (6) , Humane Handling Enforcement Coordinator 

Dr. Larry Davis, DM 

Dr. Kermit Harvey, DDM 

Ms. Cheryl Henry, DDM 

Dr. Erin Moses, DDM

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

 SEIAO 

DCS 

DVMS 

FLS 

SPHV at Est. M47576 

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

, CSI at Est. M47576 

FO/Quarterly Reports 

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