USDA

... 

United St ates Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Des Moines 

District Office 

Neal Smith 

Federal Building 

210 Walnut Street 

Room985 

Des Moines, IA 

50309-2123 

Voice 

515.727.8960 

Fax 515.727.8991 

December 13, 2023 

Electronically mailed on December 13, 2023 

Lyle Meyer, Vice President of Operations 

Long Prairie Packing, LLC 

10 Riverside Drive 

Long Prairie, MN 56347 

lmeyer@americanfoodsgroup.com 

320-732-8334 

NOTICE OF INTENDED ENFORCEMENT 

Attention: Mr. Meyer 

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), with prior oral notification, at 

Establishment M253, Long Prairie Packing, LLC, located at 10 Riverside Drive, Long 

Prairie, Minnesota 56347. This letter follows verbal notification of the Notice of 

Intended Enforcement (NOIE), by , Front Line Supervisor, to 

, Food Safety and Quality Assurance Manager, at approximately 

9:00pm on December 12, 2023. This action includes the Slaughter Hazard Analysis 

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 

dete1mination that your establishment did not handle or slaughter animals humanely. 

The observed, egregious, inhumane handling incident 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 regulato1y requirements (9 CFR 

Part 313). 

Background 

The FMIA (21 USC 601 et seq.) provides it is essential to the public interest that the 

health and welfare of consumers 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 Secreta1y of Agriculture, to prescribe 

rnles and regulations describing sanitation requirements for inspected establishments 

and provide FSIS program personnel the authority to refuse to allow meat/meat food 

products to be marked, labeled, stamped, or tagged as inspectedandpassed, to prevent 

the entiy of adulterated products into commerce. Furthe1more, the FMIA provides 

Page 1 of 5 
Lyle Meyer, Vice President ofOperations Notice of Intended Enforcement 

Long Prairie Packing, LLC, Est. M253 December 12, 2023 

FSIS the authority to appoint inspectors to examine and inspect the method by which livestock are 

slaughtered and handled at slaughtering establishments. 

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 industiy; 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 caiTied out only by 

humane methods. 

Under the authority of the Acts, FSIS has prescribed mies and regulations required for 

establishments slaughtering and handling livestock, as required by 9 CFR Pait 313. FSIS has also 

developed the Rules ofPractice regarding administl'ative 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 1440 hours on December 12, 2023, while perfonning a Routine Livestock 

Humane Handling task observing HA TS Catego1y IV Antemo1iem Inspection by the scale, IPP 

was called to the restl'ainer by establishment personnel and observed the following noncompliance 

with HATS Task Catego1y VIII Stunning effectiveness. A cow was down in the chute alley and 

only the head was inside the restl'ainer chamber. The cow appeared to be in good body condition 

and was able to rise on her front legs (e.g. dog sit) but was unable to rise on her hind legs. 

Superintendent was resent and asked IPP if he could apply the electl'ic prod to the 

animal and IPP said yes. applied the prod to the left hip region with no result. -

- ~mse to stunt e cow in the restl'ainer chamber with a handheld captive bclt 

stunner. - attempted to hold the cow's head with one aim and applied the handheld 

captive bolt stunner with the other. As the stunner was triggered, the cow pulled its head back. 

After the first stun attempt, contl'olled eye movements, rhythmic breathing, and controlled head 

movements were observed by IPP. The cow did not vocalize after the ineffective stun attempt. 

Blood was observed mnning from the wound. IPP told-that this animal needed to be 

rendered unconscious as soon as possible but an immediate second attempt was not made with the 

handheld captive bolt stunner. Establishment personnel athered around the restrainer chamber to 

discuss next ste s. directed Supervisor to shoot the animal with a 

fireaim , but responded that the fireaim was located in the office, where it is routinely 

store- durin s aug ter. The two continued to discuss why the fireann was not readily available 

and stated, "he wasn't asked to bring the fireann". At some point the animal simply 

stoo up an was moved fo1wai·d into the resti·ainer chamber and restl'ained. After second stun 

attempt was applied with the pneumatic stunner by an establishment employee, the animal had a 

flaccid tongue and no contl'olled voluntaiy movements. This stun effectively rendered the animal 

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Lyle Meyer, Vice President of Operations Notice of Intended Enforcement 

Long Prairie Packing, LLC, Est. M253 December 12, 2023 

unconscious. A routine security knock was applied per the establishment’s stunning procedure. 

The head of the animal was retained and hide was removed. IPP observed the entry wound from 

the first ineffective attempt, 2 inches medial and proximal to the right eye, entering the right sinus. 

The second stun entrance wound was located approximately 1 inch (2.5 cm) above the intersection 

of the “X” made by drawing a line between the top of the ears/base of the horn and the inside of 

the eye on the opposite side. The security knock had the same entrance wound. 

This is noncompliant with 9 CFR 313.15(a)(1) in that the establishment failed to render this animal 

unconscious with the handheld captive bolt stunner on the first attempt and did not perform 

immediate effective corrective action stun attempt. Immediate regulatory control was

(b) (6)

 taken by 

tagging the stunning station with US Rejected tag #B37861741. Superintendent 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 313.15(a)(1). When an 

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: 

3 
Lyle Meyer, Vice President ofOperations Notice of Intended Enforcement 

Long Prairie Packing, LLC, Est. M253 December 12, 2023 

• Evaluate and identify the nature, cause ofthe incident. 

• Describe the specific actions taken to eliminate the cause of the incident and prevent 

future recmTences. 

• Describe specific monitoring activities planned to ensure foture compliance. 

• Provide any suppo1i ing documentation and records maintained and/or associated with the 

proposed corrective actions and preventative measures. 

A detennination of fmiher administrative action will be made upon receipt and review of your 

submitted coITective 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 coITective 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 coITective actions and preventive measures should include any times and/or dates 

for completion ofthese proposed activities. 

Appeal and Hearing Rights 

You have the right to appeal this matter and can do so by contacting: 

SheITi N. Johnson, Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Depa1iment ofAgriculture 

1400 Independence Avenue, SW 

South Building, Room 1330A 

Washington, DC 20250 

sheITi.johnson@usda.gov 

Phone number: 202-379-6196 

We urge your cooperation and voluntaiy compliance. Ifyou have questions re~, 

please feel free to contact the Des Moines District Office at 515-727-8960, m _ , 

District Veterina1y Medical Specialist (DVMS), at 

Sincerely, 

MARK Digitally signed

by MARK 

JOHNSO JOHNSON 

Date: 2023.12.13 N 08:21:54 ·06'00' (for) 

Dawn Sprouls, DVM 

District Manager 

USDA FSIS OFO 

4 
Lyle Meyer, Vice President ofOperations Notice ofIntended Enforcement 

Long Prairie Packing, LLC, Est. M253 December 12, 2023 

Des Moines District 

cc: 

sheni.johnson@usda.gov 

Dawn.Sprouls@usda.gov 

mark.johnson5@usda.gov 

tod o • ov 

ov 

ov 

ov 

fo/ quarterlyenforcementrepo1t@usda.gov 

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