USDA 

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United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Denver District Office 

1 Denver Federal 

Center, Bldg. 45 

P.O. Box 25387 

Denver, CO 80225 

Voice (303) 236-9800 

Fax (303) 236-9794 

December 6, 2022 

SENT VIA FEDEX & 

ELECTRONIC MAIL 

Mr. Brian Jensen, Owner 

Jensen Meat Co., LLC, Est. M1529 

103 Baseline Rd. 

Rupe1i, ID 83350 

jensenmeat@live.com 

NOTICE OF SUSPENSION 

Dear Mr. Jensen, 

This letter confinns the verbal notification provided to your establishment, Jensen 

Meat Co., LLC, M1529, located in Rupe1i , ID, on Tuesday, December 6, 2022, by the 

Food Safety Inspection Service (FSIS), Denver District, of the suspension ofthe 

assignment of inspectors and the withholding ofthe marks of inspection at your 

establishment for slaughter operations. Dr. David James, Deputy District Manager, 

verbally notified you of the suspension. This action was initiated in accordance with 

Title 21 ofthe United States Code (USC), Section 603(b) and Title 9 of the Code of 

Federal Regulations (CFR) Pali 500.3(b) (Rules of Practice). 

Background Authority 

The Federal Meat Inspection Act (FMIA), 21 USC Section 603(b), provides for the 

purpose ofpreventing the inhumane slaughtering of livestock. The FMIA gives FSIS 

the authority, as designated by the Secretaiy of the Depa1i ment of Agriculture, to 

prescribe mies and regulations describing examinations and inspections ofthe method 

by which cattle, sheep, swine, goats, horses, mules, and other equines ai·e slaughtered 

in the establishments inspected under the FMIA. The FMIA also provides FSIS 

Program personnel the authority to suspend operations at a slaughtering establishment 

if FSIS finds that any cattle, sheep, swine, goats, horses, mules or other equines have 

been slaughtered or handled in connection with slaughter at such establishments by any 

method not in accordance with the Humane Methods ofSlaughter Act (HMSA) of 

August 27, 1958 (72 Statute 862; Title 7 USC, Sections 1901-1906), until the 

establishment furnishes FSIS with satisfacto1y assurances that all slaughtering and 

handling in connection with the slaughter oflivestock shall be in accordance with such 

methods. 

Under the authorities ofthese Acts, FSIS has prescribed mles and regulations required 

for the humane slaughtering oflivestock, contained in Title 9 CFR Paii 313. FSIS has 

also developed Rules of Practice regarding enforcement prescribed in 9 CFR Pali 500. 

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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, as 

well as the procedures for filing a complaint to withdraw a Grant of Federal Inspection. 

Finding/Basis for Action 

On Tuesday, December 6, 2022, the FSIS Consumer Safety Inspector (CSI) documented in a 

Noncompliance Record (NR) the following event at Est. M1529: 

"The Establishment M1529 stun operator entered the slaughter floor with a standard 22 caliber 

long rifle at approximately 0928 hours, approached the stun box and aimed the firearm at the 

pig’s head to apply the first stun attempt. The pig was a pot-bellied boar approximately 180lbs. 

The pig remained standing and moving around in the stun box after the first stun attempt. The 

animal was grunting as it continued to move around inside the stun box. The stun operator 

reloaded the firearm at 9:30 am and delivered a second ineffective attempt Between 9:30 and 

9:34 am the stun operator continued to attempt to stun the pig with the firearm three more times. 

With each concurrent stun attempt, the pig grunted, softly squealed and continued to move 

around inside the stunning enclosure. At this time, the firearm was out of ammunition. At 9:34am 

the stun operator vacated the slaughter floor to acquire more ammunition. The CSI then 

informed the slaughter floor employee that a potentially egregious humane handling noncompliance had occurred and that a U.S. Reject tag would be applied to the stunning area 

suspending further slaughter. The CSI and slaughter floor employee then approached the stun 

box and observed the pot-bellied boar standing and bleeding from the head. Between 9:34am 

and 9:36am the stun operator returned with more ammunition, reloaded the magazine, and 

proceeded to attempt to stun the pig. During stun attempts six through eleven the pig remained 

conscious, vocalizing loudly, and squealing after each stun attempt while the stun operator 

moved around the outside of the stun box. On stun application twelve, the pig collapsed to the 

floor but continued squealing and breathing rapidly. Two additional stun applications were 

taken. After the fourteenth stun attempt, the pig stopped vocalizing. The stun operator opened the 

stun box door to check the pig. At that at that time the pig was unresponsive. Absence of 

palpebral and corneal reflexes was demonstrated by the establishment stun operator. The 

carcass was dragged out of the stun box, stuck for bleeding and hoisted at 9:41am. The CSI then 

informed the establishment owner that a humane handling non-compliance record would be 

issued. US Reject tag B-45435477 was applied to the entrance of the stun box. The CSI notified 

his SPHV supervisor at approximately 0944 hours. 

Upon inspection of the dressed head, the CSI observed a grouping of penetrating stun holes 

producing an approximately two cm diameter larger hole in the target area. There were two 

penetrating holes outside the target area with one hole at the top of the skull about 8 cm caudal 

to the initial grouping of and a second hole was approximately 2 cm caudal to the initial 

grouping of penetrating holes. 

The Denver District Management Team was notified through supervisory channels.” 

Summary 

The decision to suspend the assignment of inspectors at your establishment is based on this 

noncompliance with 9 CFR 313.16(a)(l). This is an inhumane noncompliance, whereby a swine 

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was unsuccessfully stunned multiple times, with ineffective corrective actions. 

The suspension of the assignment of inspectors will remain in effect until such time as you provide 

the Denver District Office adequate written corrective actions and preventative measures to ensure 

that livestock at your establishment are handled and slaughtered humanely, and in accordance with 

the FMIA, the HMSA, and 9 CFR 313 regulations. 

These should include: 

• A written description of the incident. 

• The root cause of the incident 

• Your immediate corrective actions. 

• Your specific corrective actions to prevent reoccurrence of the noncompliance. 

• Any training or retraining of employees you plan to provide, including materials you’re 

planning to use. 

• Any monitoring procedures, including any documentation records. 

In accordance with Title 9 CFR 500.5(a)(5), you may appeal this action by contacting: 

Paul Wolseley 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

Room 1329, South Building 

Washington, D.C. 20250 

Tel: 202-708-9506 

Paul.Wolseley@usda.gov 

In accordance with 9 CFR Part 500.5 (d), you may request a hearing concerning this action by 

contacting: 

Scott C. Safian 

Director, Enforcement Operations Staff 

Office of Investigation, Enforcement and Audit 

Food Safety and Inspection Service 

United States Department of Agriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Office: (202) 418-8872 

Fax: (202) 245-5097 

If you have any questions regarding this matter, you may contact the Denver District Office at 

(303)236-9800. 

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Sincerely, Digitally signed by JESSICA JESSICA VANHOOK 

Date: 2022.12.06 14:06:01 VANHOOK -oroo· for 

Dr. Robert Reeder 

Disti·ict Manager 

USDA FSIS OFO 

Denver Disti·ict Office 

Robert.Reeder@usda.gov 

cc: FO/QER 

Est File 

D. James, DDM 

J. Monteverde, DDM 

J. VanHook, DDM 

- FLS 

--SPHV 

CSI 

cs 

DVMS 

DVMS 

S. Baucher, RD/OIEA 

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