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United States Department of Agriculture 

Food Safety and 

Inspection 

Service July 25, 2023 

Office of Field Electronic Mail on July 25, 2023 

Operations 

Des Moines 

District Office Alsager Meats 

Neal Smith Joshua Alsager, Owner 

Federal Building 343 4th street 

210 Walnut Street Audubon, Minnesota 56511 Room 985 audubonmeatsprocessing@gmail.com Des Moines, IA 

50309-2123 

NOTICE OF SUSPENSION 

Voice 

515.727.8960 

Fax 515.727.8991 

Attention: Joshua Alsager, Owner 

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 slaughter operations at EST. M823, Alsager Meats, located at 343 

4th Street, Audubon, MN 56511. This

(b) (6)

 letter follows verbal notification of the suspension action, 

provided by , Front Line Supervisor, James Klint, Plant Manager on July 25, 

2023. 

This action is taken in accordance with the Rules of Practice regulation 9 Part Code of Federal 

Regulations (CFR) Part 500.3(b) due to an egregious inhumane handling incident that occurred 

at your establishment on July 24, 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 regulatory requirements (9 CFR Part 313). 

Background/Authority 

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 of livestock, the 

secretary shall cause to be made, by inspectors appointed for that purpose, an examination and 

inspection of the methods by which amenable species cattle, sheep, swine, goats, horses, mules, 

or other equines are slaughtered and handled in connection with slaughter in the slaughtering 

establishments inspected under this Act. The Secretary may refuse to provide inspection to a new 

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

establishment if the Secretary finds that any cattle, sheep, swine, goats, horses, mules, or other 

equines have been slaughtered or handled in connection with slaughter at such 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. 

An Equal Opportunity Provider and Employer 
 

 

 

 

 

 

 

 

 

Joshua Alsager, Owner Notice of Suspension 

Est. M823, Alsager Meats July 24, 2023 

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 24, 2023, while conducting a routine humane handling verification task, HATS task VIII 

Stunning Effectiveness, the following noncompliance was found. The first beef heifer of the day 

was brought in the establishment restrainer at 1335 hours and the handheld captive bolt (HHCB) 

was used to apply the initial stun. When the stun was applied with the handheld captive bolt the 

animal dropped to a sternal position but remained conscious. The beef struggled against the 

retainer, pulling back against the head restrainer with all four legs. A second stun was 

immediately applied with a .22 magnum rifle, and after the stun was applied the animal remained 

conscious. The cow’s eyes were blinking regularly without applying stimulation, the nostrils 

were flaring with repetitive breaths, When IPP approached the animal there was tracking eye 

movement, and the cow was standing on its rear legs. A third shot was applied with the same .22 

magnum rifle and rendered the animal unconscious. The cow dropped, the cow’s eyes rolled 

back, and the eye closed weakly when stimulated. A fourth stun was applied with the same .22 

magnum rifle for security. IPP later inspected the skinned skull. The larger diameter HHCB 

stunning wound was 1.5 inches above a line between the eyes and 1 inch right of midline. This 

wound channel angled into the sinus cavity but missed the brain cavity off to the right. There 

were two .22 caliber sized holes in the skull. One hole was left of midline by two inches and was 

1.5 inches lower than the HHCB stunning wound. A second hole was three inches above the 

previously described .22 caliber sized hole, left of midline by a similar distance. After observing 

this noncompliance, IPP contacted the district office through supervisory channels for guidance 

and notified establishment Plant manager Todd Blotsky of the noncompliance. Due to a delay in 

communication IPP placed USDA reject tag #B37525924 to the restrainer at the end of the 

slaughter shift. The establishment is in violation of 9 CFR 313.15(a)(1) and 313.16(a)(1). 

Summary and Conclusion 

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Joshua Alsager, Owner Notice of Suspension 

Est. M823, Alsager Meats July 24, 2023 

The observations detailed above indicate an egregious violation of the humane handling 

requirements specified within the provisions of 21 U.S.C. 603, Section 3(b) of the FMIA, and 

Title 7 U.S.C. 1901 and 1902 of the HMSA of 1978, and the regulatory requirements outlined in 

9 CFR Part 313. 

The establishment does not have a humane handling program that meets the four criteria as 

described in the Federal Register Notice of September 9, 2004. Based on the above findings, the 

Des Moines District Office has determined 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 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. 

You are reminded that as an operator of a federally inspected establishment, you are expected to 

comply with FSIS regulations, regarding the humane handling and slaughter of livestock. Please 

be advised that you have the right to appeal this matter. If you wish to appeal, you should 

contact: 

Attention: Sherri N. Johnson 

Acting Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

South Building, Room 1330A 

Washington, DC 20250 

Office number: 202-379-6196 

sherri.johnson@usda.gov 

In addition, you may also request a hearing regarding this determination pursuant to FSIS Rules 

of Practice, regulation 9 CFR Part 500. The Rules of Practice were published in the Federal 

Register, Vol. 64, No. 228, on November 29, 1999. As specified in Section 500.5(d), should you 

request a hearing, FSIS will file a complaint that will include a request for an expedited hearing. 

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Joshua Alsager, Owner Notice of Suspension 

Est. M823, Alsager Meats July 24, 2023 

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

Attention: Scott C. Safi.an, Director 

Enforcement Operations Staff 

Office ofInvestigation, Enforcement and Audit 

Food Safety and Inspection Service 

United States Department ofAgriculture 

Stop Code 3753, PP3, Cubicle 9-235-A 

1400 Independence Avenue, SW 

Washington, DC 20250 

Phone number: 202-418-8872 

Fax number: 202-245-5097 

If you have questions regardin this matter lease feel free to contact the Des Moines District 

Office at 515-727-8960 or , District Veterinaiy Medical Specialist (DVMS), 

at r , DVMS, at 

Sincerely, 

JEFFERY Digitally signed by 

JEFFERY JACOBSEN 

JACOBSEN Date: 2023.07.25 

17:48:22 -05'00' 

for 

Dawn Sprouls, DVM 

District Manager 

USDA FSIS OFO 

Des Moines District 

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