iiiiiii 

United States Department of Agriculture 

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 

September 28, 2023 

Certified Mail 

Circle F Farms Meat Processing 

M1155 

324 Azalea Road 

Baxley, GA 31513 

folsomw@woodyfolsom.com 

(912) 218-0042 

Attention: Mr. Woody Folsom, Owner 

NOTICE OF REINSTATEMENT OF SUSPENSION 

This serves as official notification by Food Safety and Inspection Service 

(FSIS) of the Notice of Reinstatement of Suspension at Circle F Farms Meat 

Processing, Est. M1155, located at 324 Azalea Road, Baxley, GA 31513. This 

Reinstatement of Suspension is based on the failure of Circle F Farms Meat 

Processing, Est. M1155, to humanely handle livestock according to 9 CFR Part 

313. This letter follows 

(b) (6)

verbal notification of the reinstatement of suspension 

action, provided by , District Veterinary Medical 

Specialist, to Mr. Jamie Hall, Plant Manager, at approximately 8:30AM on 

September 26, 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 

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Mr. Woody Folsom, Owner Notice of Reinstatement of Suspension 

Circle F Farms Meat Processing, M1155 September 28, 2023 

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 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 

On July 25, 2023, FSIS issued a Notice of Suspension to your establishment because you 

failed to handle livestock as prescribed by 9 CFR Part 313 et seq. On July 27, 2023, 

FSIS issued a Notice of Suspension Held in Abeyance and allowed operations to resume, 

based on measures proposed and implemented by your establishment to assure the 

humane handling of livestock. 

This Notice of Reinstatement of Suspension is based upon your establishment being in 

violation of 9 CFR 313.16(a)(1), 9 CFR 313.16(a)(3), 9 CFR 313.16(b)(1) (i), 9 CFR 

313.16(b)(1)(ii), 9 CFR 313.16(b)(1)(iii), 9 CFR 313.16(b)(1)(iv), and 9 CFR 313.16(b) 

(2). 

Specifically, on Tuesday, September 26, 2023, at approximately 7:30am, while 

performing a 60-day verification, the District Veterinary Medical Specialist (DVMS) 

observed the following stunning noncompliance. Establishment personnel drove a steer 

into stun chute and secured the head in the head catch. The stunner attempted to stun the 

steer with a 9mm pistol. The first shot did not render the steer unconscious. The steer 

remained standing, vocalized and had blood running from its nose and mouth. The 

stunner attempted to stun the steer the second time with the same firearm, but the pistol 

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Mr. Woody Folsom, Owner Notice of Reinstatement of Suspension 

Circle F Farms Meat Processing, M1155 September 28, 2023 

malfunctioned and did not fire. The employee reloaded the pistol and subsequently shot a 

hole in the wall above the back of the steer. The stunner retrieved a second firearm which 

malfunctioned, and the magazine fell out. The stunner then retrieved a third firearm, a 

.45 caliber pistol, and shot the steer a second time. The steer remained standing, 

vocalized and continued to bleed from the nose and mouth. A second employee then 

retrieved a 22. magnum rifle from the hallway and shot the steer in the back of the head 

rendering it unconscious. IPP tagged the stun chute with U.S. Reject tag #: B45954851. 

On post-mortem inspection the head was skinned and an elongated whole was observed 

between the eyes of the steer, where the first two shots had made contact . Establishment 

management was notified that a Notice of Reinstatement of Suspension would be issued. 

As part of a correlation, the DVMS suggested that the head of the steer be split with a 

bandsaw to visualize the shot placement (between the eyes) as compared to the location 

of the brain. The point of entry into the skull was approximately 2.5 inches below the 

brain. 

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 handing 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 

313.16 (a)(1), 9 CFR 313.16(a)(3), 9 CFR 313.16(b)(1)(i), 9 CFR 313.16(b)(1)(ii), 9 CFR 

313.16(b)(1)(iii), 9 CFR 313.16(b)(1)(iv), and 9 CFR 313.16(b)(2), 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. 

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Mr. Woody Folsom, Owner Notice of Reinstatement of Suspension 

Circle F Farms Meat Processing, M1155 September 28, 2023 

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 initiation of 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: 

Karen Hunter, 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3129 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: Karen.Hunter@usda.gov 

Phone: (202) 499-0275 

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, Acting Director 

Enforcement Operations Staff (EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Department of Agriculture 

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Mr. Woody Folsom, Owner Notice ofReinstatement ofSuspension 

Circle F Fanns Meat Processing, Ml155 September 28, 2023 

Stop Code 3753, SB -Room 2148 

1400 fudependence 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. Phyllis Adams via telephone at (404) 562-

5900 or via electronic mail at Phyllis.Adams@usda.gov. Additionally, you can contact 

the Atlanta Disti·ict Office at (404) 562-5900 or by fax at (404) 652-5877. 

Sincerely, 

PHYLLIS =~rt:~ned 

MJAMS ADAMS Date 2023.09.28 

10 45 37 -04'00' 

Dr. Phyllis Adams 

Disti·ict Manager 

5 
Mr. Woody Folsom, Owner Notice ofReinstatement ofSuspension 

Circle F Fanns Meat Processing, Ml155 September 28, 2023 

cc: Karen Hunter, EARO 

, Humane Handling Enforcement Coordinator 

Lany Hoite1i, OIEA Regional Director 

Edward Hepburn, DDM 

Barney Welch, DDM 

Trac B1 ant DDM 

, SEIAO 

DCS 

, DVMS 

TA Coordinator, GDA 

, IIC/GDA 

FO Quarter y Repo1is 

6