iliiiii United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Jackson District Office 

713 S Pear Orchard Rd. 

Plaza 2, Suite 402 

Ridgeland, MS 39157 

April 13, 2023 

Fayette Packing Company 

Est. Number M6555 ELECTRONIC MAIL on April 13, 2023 

16620 Highway 196 FEDEX TRACKING 771844655646 

Eads, TN 38028 

Fayettepackingco@bellsouth.net 

901-867-3826 

Attention: David Keith, Owner 

NOTICE OF SUSPENSION 

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) at Fayette 

Packing Company, Est. M6555/P37494, located at 16620 Highway 196, Eads, 

TN 38028. This letter follows verbal notification of the suspension action, 

provided by Dr. Kermit Harvey, DDM, to David Keith, Owner at 

approximately 2:30PM on April 13, 2023. This action includes your 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 determination that your establishment did not handle or slaughter 

animals humanely. The evidence 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 the regulatory 

requirements (9 CFR Part 313). 

Background/Authority 

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 

Secretary of Agriculture, to prescribe rules 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 inspected and passed, to prevent the 

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. 
 

 

 

 

 

 

 

 

 

 

David Keith, Owner Notice of Suspension 

Fayette Packing, Co., Est. M6555/P34794 April 13, 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 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 1248 hours, the CSI observed Fayette Packing Establishment M6555 stunning 

a beef cow. The beef cow was driven into the knock chute, the head gate closed, and the nose 

clamp applied to control the head. The establishment followed their stunning procedure with 

three stuns rapidly successive with a handheld captive bolt device. The three stuns were 

ineffective as the animal remaining standing and vocalizing. A second establishment kill floor 

employee reloaded the captive bolt device with a new charge and delivered a fourth and effective 

corrective action stun with a handheld captive bolt device, rendering the animal insensible and it 

remained so thereafter. The stun operator delivered a security stun per the establishments 

stunning procedures. A US Reject tag No. B43049256 was applied to the knock box and David 

Keith, Establishment Owner, was notified of the noncompliance with 9 CFR 313.15(a)(1) and 9 

CFR 313.15(a)(3). 

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. 

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 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

David Keith, Owner Notice of Suspension 

Fayette Packing, Co., Est. M6555/P34794 April 13, 2023 

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. 

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 of livestock 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)(1) and 313.15(a)(3), constituting a violation 

of the humane slaughter requirements, and supporting the conclusion that your handling of 

livestock violated the provisions of the FMIA and HMSA. 

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 our initiating action to withdraw inspection from your establishment. 

Appeal and Hearing Rights 

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

Paul Wolseley 

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: paul.wolseley@usda.gov 

Phone: (202) 937-4761 
 

 

 

 

 

 

 

 

 

 

 

y 

David Keith, Owner Notice of Suspension 

Fayette Packing, Co., Est. M6555/P34794 April 13, 2023 

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

you request a hearing, FSIS will file 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 Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCorrespondence@usda.gov 

If you have any questions, please contact Dr. Larry Davis via telephone at (601) 863-4206 or via 

electronic mail at larry.davis4@usda.gov. Additionally, you can contact the Jackson District 

Office at (601) 965-4312 or by fax at (601) 965-5901. 

Sincerely, 

Digitally signed by KERMIT KERMIT HARVEY 

Date: 2023.04.13 HARVEY 14:41:24 -05'00' for: 

Dr. Larry Davis 

District Manager 
David Keith, Owner Notice ofSuspension 

Fayette Packing, Co., Est. M6555/P34794 April 13, 2023 

cc: Mr. Paul Wolseley, EARO 

Dr. Kennit Harvey, DDM 

, Humane Handling Enforcement Coordinator 

al Director 

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PHV 

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FO/Qua1terly Repo1t s