USDA 

illiiii United States Department of Agriculture 

Nov(!rllber 28, 2023 

The Center Cut Slaughter and Meat Processing ELECTRONIC MAIL on 11/28/2023 

Est. M1562+P1562+Vl562 FED EX TRACKING 787 I 20902297 

4904 Flat River Road 

Farmington, Missouri 63640 

Centercut.meatprocessing@gmai 1. com 

(573) 366-4578 

Physical Location 

4909 Flat River Road 

Park Hills, Missouri 63601 

Attention: Darin Johnson, Owner 

NOTICE OF REINSTATMENT OF SUSPENSION 

This letter serves as official notification by the Food Safety and Inspection Service (FSIS) of our 

decision to reinstate the withholding of the federal marks of inspection and suspend the assignment 

of Inspection Program Personnel (IPP) at The Center Cut Slaughter and Meat Processing, Est. 

Ml562+Pl562+Vl562, located at 4909 Flat River Road, Park Hills, Missow·i 63601. This letter 

follows verbal notification of the suspension action, provided by Consumer Safety 

Inspector, to Darin Johnson, Owner at approximately 11 :30 AM on November 28, 2023. This 

action includes your Slaughter Hazard Analysis and 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 detennination that your 

establishment did not handle or slaughter animals humanely. The evidence demonstrates failure to 

comply with the Federal Meat Inspection Act (FM]A) (21 U.S.C. 603), the Humane Methods of 

Slaughter Act (HMSA) (7 U.S.C. 190 1 et seq.), and the regulatory requirements (9 CFR Part 313). 

Background/ Authority 

The FMIA (21 USC 60 1 et seq.) provides it is essential to the public interest that the health and 

welfare ofconsumers 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 authori ty to 

refuse to allow meat/meat food products to be marked, labeled, stamped, or tagged as inspected 

and passed, to prevent tl1e 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. 
Darin Johnson, Owner Notice ofReinstatement of Suspension 

Center Cut Slaughter and meat Processing, Est. MPVI 562 November 28, 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 oflivestock 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 September 19, 2023, the FSIS notified you of the suspension ofthe assignment ofinspection 

personnel at your facility. The decision to institute this enforcement action was in accordance 

with Title 9 ofthe Code of Federal Regulations (CFR), Rules ofPractice 500.3(b), based on the 

determination that your establishment did not handle or slaughter animals humanely as required 

by 9 CFR 313.15(a)(l). 

On September 21, 2023, you provided a written response to the Notice of Suspension that began 

a dialogue with FSIS that concluded on September 28, 2023. FSIS analyzed the corrective and 

preventative measures provided in your action plan, which included actions to prevent the 

recurrence ofinhumane handling oflivestock. 

On September 28, 2023, FSIS provide you a Notice of Suspension Held in Abeyance pending 

verification by FSIS personnel that your action plan was effectively implemented. 

On November 28, 2023, you failed to effectively implement your action plan that would provide 

proper shot placement to ensure the requirements of 9 CFR 313.15( a)(l) were met. At 

approximately 08:45 hours, FSIS Inspection Program Personnel (IPP) observed a humane 

handling incident, as documented in Noncompliance Record (NR) GFU2812112728N. The NR 

states an establishment employee attempted to stun a bovine animal using a captive bolt stunning 

device. The animal remained standing with its eyes open. The establishment employee attempted 

a second stun with the firearm, but the firearm failed to discharge. The employee cocked the 

firearm, revolved the cylinder, and discharged the firearm. The animal remained standing with its 

eyes open. The establishment employee then attempted a third stun using a captive bolt that 

successfully rendered the animal unconscious. IPP applied US Reject Tag B43334940 to the 

knock box and informed establishment management ofthe noncompliance. 

Page 2 of 4 
Darin Johnson, Owner Notice of Reinstatement of Suspension 

Center Cut Slaughter and meat Processing, Est. MPV1562 November 28, 2023 

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 "FSJS Compliance Guide for a Systematic Approach to the 

Humane Handling ofLivestock." Within the guidance material is information intended to better 

ensure the humane treatment of livestock presented for slaughter. The guidance material provides 

a set ofpractices 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 observe. 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 oflivestock was 

not by a method in accordance with the Act(s). Evidence demonstrates your failure to meet 

regulatory requirements addressed in 9 CFR 313.15(a)(l), constituting a violation of the humane 

slaughter requirements, and supporting the conclusion that your handling of livestock violated the 

provisions ofthe FMIA and HMSA. 

Please provide a written response, inclusive ofwritten 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 ofyour 

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 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. 

Page3 of4 
Darin Johnson, Owner Notice of Reinstatement of Suspension 

Center Cut Slaughter and meat Processing, Est. MPVl 562 November 28, 2023 

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 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3160 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: melissa.moorel @usda.gov 

Phone: (202) 450-0330 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this determination. Should 

you request a hearing, FSIS will fi le 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 of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Department of Agriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence A venue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCoJTespondence@usda.gov 

If you have any questions, please contact Dr. Daran (Curtis) Stovall via telephone at (479) 717-

5025 or via electronic mail at daran.stovall@usda.gov. Additionally, you can contact Springdale 

District Office at (479) 751-8412 or by fax at (479) 751 -4739. 

or 

Jeffery Barham 

District Manager 

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