USDA 

iillillllll 

United State 

Department of 

Agriculture 

Food Safety 

and Inspection 

Service 

Office of 

Field Operations 

Chicago District Office 

1919 S. Highland Ave. Suite 115C 

Lombard, IL 60148 

Office (630) 620-7474 

Fax (630) 620-7599 

April 15, 2023 ELECTRONIC COPY PROVIDED 

AND DELIVERED BY COURIER 

Mr. Frank Faso, Owner 

Pork King Packing, Inc. 

Est. M2926 

8808 State Route 23, P.O. Box 253 

Marengo, IL 60152 

NOTICE OF SUSPENSION 

Dear Mr. Faso: 

This letter confirms verbal notification provided to 

(b) (6) , Kill Floor Supervisor, and (b) (6) , 

Quality Control Manager, by Dr. Tamara Davis, Deputy District Manager, on April 15, 2023, at approximately 1032 

hours CDT, of the Food Safety and Inspection Service’s (FSIS) decision to suspend the assignment of inspection 

program personnel from your slaughter process Pork King Packing, Inc., establishment M2926, located at 8808 State 

Route 23, P.O. Box 253 in Marengo, Illinois. This action is based on your establishment’s failure to effectively 

implement humane methods of slaughtering and handling animals in a manner that complies with the regulatory 

requirements prescribed by the Federal Meat Inspection Act (FMIA) and the Humane Methods of Slaughter Act 

(HMSA). Your establishment is in violation of Title 9 of the Code of Federal Regulations (9 CFR) Sections 313.2(b). 

The Rules of Practice, 9 CFR 500.3(b), specify that FSIS may issue a suspension without providing prior notification 

if an establishment is handling or slaughtering animals inhumanely. 

Background and Authority 

The Federal Meat Inspection Act (21 U.S.C. 603 Section 3(b) states, “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 method by which 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 Sections 1901 to 1906 of Title 7 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 a method.” In addition, under prohibited acts 21 U.S.C. 610 sec 10 (b), “No person, 

establishment or corporation shall, with the respect to any cattle, sheep, swine, goats, horses, mules, and other 

equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals slaughter or handle 

in connection with slaughter any such animals in any manner not in accordance with sections 1901 to 1906 of Title 

7.” 

The Humane Methods of Slaughter Act, 7 USC 1901, states, “The 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 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.” 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Frank Faso, Owner April 15, 2023 

Est. M2926 Pork King Packing, Inc., NOS Page 2 

The Humane Methods of Slaughter Act, 7 USC 1902, states, “No method of slaughtering or handling in connection 

with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane.” When 

an egregious situation has been observed and identified, FSIS can refuse to render inspection and indefinitely 

withdraw inspection from an establishment provided the establishment is afforded the right to an administrative 

hearing. 

Under the authority of the above Acts, FSIS has prescribed rules and regulations required for establishments 

producing meat and poultry products, including the requirements pertaining to the humane slaughter of livestock, as 

required by 9 CFR 313, and other matters. FSIS has also developed Rules of Practice regarding enforcement, within 

in 9 CFR 500. The Rules of Practice describe the types of enforcement action that FSIS may take a withholding action 

and/or suspension, with or without prior notification, and for filing a complaint to withdraw a Grant of Federal 

Inspection. 

Findings/Basis for Action 

On April 15, 2023, at approximately 0930 hours, the FSIS Frontline Supervisor (FLS) described the following 

humane handling incident. While observing establishment employees move market hogs up the single file drive alley 

chute, the FLS observed a hog stop before the last back stop gate to the stunning box. The establishment employee, 

who was carrying a rattle paddle and an electric prod, tapped the hog with the rattle paddle a few times in an effort 

to drive the hog forward. The animal did not move, and the employee then applied the electric prod directly on the 

anus. 

(b) (6)

The hog vocalized and ran up the chute in response. The FLS took regulatory control of the process and placed 

U.S. Rejected tag number B45503538 on the door to the drive alley chute. 

(b) (6)

, Barn Supervisor, 

and Quality Control Manager, were notified of the observations. 

The occurrence of this inhumane handling incident as described is egregious and a violation of the humane handling 

requirements as prescribed by 21 U.S.C. 603, Section 3 (b) of the FMIA, and 7 U.S.C. 1901 and 1902 of the HMSA 

of 1978. You have failed to meet the requirements of 9 CFR 313.2(b) which states in part, “Electric prods, canvas 

slappers, or other implements employed to drive animals shall be used as little as possible in order to minimize 

excitement and injury. Any use of such implements which, in the opinion of the inspector, is excessive, is prohibited.” 

Summary and Conclusion 

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 Notice (54 Fed. Reg. 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 egregious humane handling 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. Specifically, the employee applied the electric prod directly to the anus, a 

sensitive area. The decision to issue a NOS is based on the failure to implement the plan as written. 

Please provide this office with a written response to address the regulatory issues identified within this letter. At a 

minimum, your corrective actions should address the following: 

1. Identify the specific reason(s) why the events described occurred. 

2. Describe the specific action(s) that will be implemented to eliminate the cause of the incident and prevent 

future recurrences. 
Mr. Frank Faso, Owner April I 5, 2023 

Est. M2926 Pork King Packing, Inc., NOS Page3 

3. Descdbe the specific future monitoting activity or activities that your establishment will employ to ensure 

the actions implemented are effective. 

4. Provide any suppotting documentation and records maintained and associated with your proposed conective 

actions and preventive measures. 

Your proposed conective actions and preventive measures should include any times and/or dates for completion of 

these proposed activities. 

You have the right to appeal this matter. Your appeal should be addressed to the following: 

Melissa Moore 

Executive Associate for Regulatoty Operations 

Office ofField Operations 

Food Safety and Inspection Setvice, USDA 

1400 Independence Ave. SW 

South Building Room 3159 

Washington, DC 20250 

Cell: (202) 450-0330 

melissa.moorel@usda.gov 

In addition, you may also request a hearing regarding this detemlination pursuant to FSIS' Rules of Practice (9 CFR 

Pait 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 heating, FSIS will file a complaint that will include a request 

for an expedited hearing. Ifyou wish to request a heating regarding this detennination, you should contact: 

Scott C. Safian, Branch Chief 

Enforcement Operations Branch 

Office of Investigation, Enforcement and Audit 

Food Safety and Inspection Setvice 

United States Depaitment of Agriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Ave. SW 

Washington, DC 20250 

Voice: (202) 418-8872 

Fax: (202) 245-5097 

, District Veterinaiy Medical Specialist 

; or you may contact this office at (630) 

Sincerely, 

Digitally signed by TAMARA TAMARA DAVIS 

Date: 2023.04.15 DAVIS 12:3 1 :27 -05'00' 

Dr. Donald B. Fickey 

District Manager 

FSIS Chicago Distiict