USDA

... 

United St ates Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Des Moines 

District Office 

Neal Smith 

Federal Building 

210 Walnut Street 

Room 985 

Des Moines, IA 

50309-2123 

Voice 

515.727.8960 

Fax 515.727.8991 

December 29, 2023 

Electronically mailed on December 29, 2023 

Adam Bode, Plant Manager 

New Angus, LLC, Est. M45471 

P.O. Box 190 

Aberdeen, South Dakota 57402 

abode@demkotarb.com 

605-262-2333 

NOTICE OF SUSPENSION 

Attention: Adam Bode 

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) for all slaughter operations at New 

Angus, LLC., Establishment M45471 , located at 13 - 135th Street SW, Aberdeen, 

South Dakota 57401. This letter follows notification via phone of the suspension 

action, provided by Frontline Supe1visor, to Mr. Adam Bode, 

Establishment Manager and , QA Manager at approximately 1320 hours 

on December 29, 2023. 

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

Federal Regulations (CFR) Paii 500.3(b) due to an egregious inhumane handling 

incident that occuned at your establishment on December 29, 2023. 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 regulato1y requirements (9 CFR Pa1i 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 purpose of preventing the inhumane 

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

for that pmpose, an examination and inspection of the methods by which amenable 

species cattle, sheep, swine, goats, horses, mules, or other equines ai·e slaughtered and 

handled in connection with slaughter in the slaughtering establishments inspected 

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

establishment or may cause inspection to be temporarily suspended at a slaughtering 

establishment if the 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 5 
 

 

 

 

 

 

 

 

 

 

Adam Bode, Plant Manager Notice of Suspension 

New Angus, LLC. Est. M45471 December 29, 2023 

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 satisfactory to the Secretary 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 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 0718 hours, while walking through the establishment’s hide-on slaughter area, 

IPP observed the following noncompliance with HATS Category IX - Conscious Animals on the 

Rail. IPP observed a bovine that was on the rail after being shackled and hoisted by one hind leg. 

The animal was righting itself in a rolling motion, attempting to move away from an establishment 

area Supervisor. The Supervisor was standing on the left side of the bovine in the blood pit, past 

the sticker location and holding the left ear. The bovine had not been bled and there were no cuts 

on the throat area. The tongue was not hanging out of the mouth, and the animal was not vocalizing. 

IPP observed the area Supervisor trying to stun the animal with a knife to the back of the head by 

cutting through the hide and then trying to insert the knife between the neck and cervical area. 

While the Supervisor was cutting with the knife, the bovine deliberately attempted to move away 

from the Supervisor by moving its head in an upwards rolling motion but was restricted due to 

being shackled. 

IPP called for the line to be stopped at 0720 hours and provided U.S. Reject tag No. B45243252 

to the area Supervisor. The area Supervisor then applied the hand-held captive bolt stunner and 

rendered the animal unconscious with the line stopped. As the animal was not rendered 

unconscious on the

(b) (6)

 first attempt, this is noncompliant with 9 CFR 313.15(a)(1). IPP notified 

Harvest Foreman of the noncompliance and that USDA IPP would be contacting 

the District Office for further guidance. 

2 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adam Bode, Plant Manager Notice of Suspension 

New Angus, LLC. Est. M45471 December 29, 2023 

While IPP waited for the SPHV, the establishment restarted the

(b) (6)

 line and IPP needed to request it 

to be stopped again. IPP notified Foreman that restarting the line violated the Regulatory 

Control action. 

At approximately 0732 hours, the SPHV observed one large hole, 11/16” wide, centered at 5” from 

the pole of the head. The medial canthus of the eye was at 8” and two smaller holes approximately 

half the main bolt size were 3 1/4” below the pole. The plant offered to split the skull along the 

midline to be able to determine the path of the stunning attempts. The larger furrow of the main 

stun bolt was angled slightly rostral just grazing the front of the cerebrum. Both smaller secondary 

tunnels were parallel and angled slightly rostral passing through the cerebrum to the most rostral 

part of the brain stem. 

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 313.15(a)(1) 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 not considered to be robustly 

implemented at this time. Based on the above findings, the Des Moines District Office has made 

a decision to suspend 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 NOS, 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 

NOS 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. 

3 
Adam Bode, Plant Manager Notice ofSuspension 

New Angus, LLC. Est. M45471 December 29, 2023 

A detennination of further administrative action will be made upon receipt and review of your 

submitted conective 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 conective 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: 

Sheni N. Johnson, Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Department ofAgriculture 

1400 Independence Avenue, 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 regarding this detennination. 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 ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Department 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 

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

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

Sincerely, 

Digitally signed by MARK MARK JOHNSON 

Date: 2023. 12.29 JOHNSON 15:27: 36 ·06'00' (for) 

Dawn Sprouls, DVM 

4 
Adam Bode, Plant Manager 

New Angus, LLC. Est. M45471 

District Manager 

USDA FSIS OFO 

Des Moines District 

cc: 

sheni.johnson@usda.gov 

Dawn.Sprouls@usda.gov 

mark.· ohnson5@usda.gov 

@usda.gov 

usda. oov 

usda.gov 

@usda.gov 

@usda.gov 

Notice of Suspension 

December 29, 2023 

fo/ quaiterlyenforcementrepo1t@usda. gov 

5