Russ Heinrichs, Establishment Manager 

Farmers Union Industries, LLC. Est. M21898

Notice of Intended Enforcement

September 12, 2023

2

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 1558 hours on September 12, 2023, while performing a Routine Livestock 

Humane Handling task observing HATS Category VIII: Stunning Effectiveness at the restrainer 

belt, IPP observed the stunning employee attempted to stun a hog in the restrainer with the 

simultaneous application of two electrical stunning wands to the head and thorax. When he touched 

the hog with the wands the animal was observed to become stiff momentarily. The hog was 

conscious and began vocalizing and tried to climb over the hog in front of it. The employee at the 

stunning station immediately applied a stun with the pneumatic captive bolt stunner, when another 

hog entered the restrainer jostling the hog he was attempting to stun. After this stun application 

with the pneumatic captive bolt stunner the hog stopped vocalizing, remained conscious and was 

then observed tracking movement with its eyes and blinking normally. The employee then 

immediately grabbed the handheld captive bolt stunner and administered a third stun which 

rendered the animal unconscious. There were two captive bolt wounds on the head. One was 

approximately 1 inch to the left of the midline and approximately 1 inch above the level of the 

eyes. The second wound was on the midline. This is noncompliant with 9 CFR 313.30(a)(3) and 

313.15(a)(1) in that the establishment failed to render this animal unconscious on the first attempt 

with the electrical stunner and on the first attempt with the captive bolt stunner. Immediate 

regulatory control was taken by stopping production and notifying the SPHV of the incident. The 

stunning station was tagged with US Rejected tag # B45700488. Barn Manager 

was immediately notified of the incident, that the stun area was tagged, and that USDA IPP would 

be contacting the District Office for further guidance.

Conclusion

After consideration of the facts surrounding this incident, the Des Moines District Office has 

determined that a NOIE be issued for your slaughter operations, in lieu of a Notice of Suspension 

(NOS), as per the Rules of Practice 9 CFR Part 500.3(b) and 9 CFR Part 313.50(b). When an

(b) (6)
Russ Heinrichs, Establishment Manager 

Farmers Union Industries, LLC. Est. M21898

Notice of Intended Enforcement

September 12, 2023

3

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.

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. 

In accordance with FSIS’ Rules of Practice, regulation 9 CFR Part 500.3(b), we are affording you 

the opportunity to demonstrate why a determination should not be made that your slaughter process 

is inadequate or to demonstrate that you have achieved regulatory compliance. Please provide this 

office with a written response to this NOIE within three (3) working days from the date of your 

receipt of this letter. We will determine if any further actions are necessary based on your response.

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 immediate suspension action.

Your proposed corrective actions and preventive measures should include any times and/or dates 

for completion of these proposed activities.