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 

Room 985 

Des Moines, IA 

50309-2123 

Voice 

515.727.8960 

Fax 515.727.8991 

Febrnaiy 29, 2024 

Electronically mailed on Febrnaiy 29, 2024 

Jason Bahls, Plant Manger 

No1th Dakota State University Meat Laborato1y , Est. M7627 

P.O. Box 6050, Dept 7630 

Fai·go, ND 58105 

Jason.Bahls@ndsu.edu 

701-231-8107 

NOTICE OF SUSPENSION 

Attention: Mr. Bahls 

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 ofInspection Program Personnel (IPP) for all slaughter operations at 

No1th Dakota State University Meat Laborato1y , Establishment M7627, located at 

1350 Albrecht Blvd, Fargo, Noith Dakota 58102. This letter follows notification via 

phone and em~ension action, provided by , Frontline 

Supe1visor, to _ , Animal Science Supe1visor, at approximately 1545 

hours on Febrnai 28 2024. confinned via phone that he received the 

notification with , Supe1visory Public Health Veterinarian, at 

0813 hours on Febrnaiy 29, 2024. 

This action is taken in accordance with the Rules ofPractice regulation 9 Pait Code of 

Federal Regulations (CFR) Pait 500.3(b) due to an egregious inhumane handling 

incident that occuned at your establishment on Febrnaiy 28, 2024. 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 regulato1y requirements (9 CFR Pait 313). 

Background 

The Federal Meat Inspection Act (FMIA) (Title 21 of the United States Code {21 

U.S.C.} 603 et seq) provides that for the purpose of preventing the inhumane 

slaughtering oflivestock, the secreta1y shall cause to be made, by inspectors appointed 

for that pmpose, an examination and inspection of the methods by which amenable 

species cattle, sheep, swine, goats, horses, mules, or other equines ai·e slaughtered and 

handled in connection with slaughter in the slaughtering establishments inspected 

under this Act. The Secretaiy may refuse to provide inspection to a new slaughtering 

establishment or may cause inspection to be temporai·ily suspended at a slaughtering 

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Jason Bahls, Plant Manger Notice of Suspension 

North Dakota State University Meat Laboratory, Est. M7627 February 28, 2024 

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 the Humane Methods of Slaughter Act (HMSA) (72 Statute, 

862; Title 7 U.S.C. 1901 to 1906) 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 methods. 

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 

On February 28, 2024, at approximately 1012 hours, while performing a Livestock Humane 

Handling task observing HATS Category VIII (Stunning Effectiveness), the following 

noncompliance was observed. The establishment employee stunned bovine #4 with a hand-held 

captive bolt device (HHCB) and the animal dropped, eyes rolled, and no blinking was 

observed. The animal was rolled from the restrainer to the slaughter floor and shackled. The 

animal was hoisted to be bled. When the animal was being stuck, IPP observed the animal blink 

multiple times and vocalize three times, with open mouth bellering, as the carotid artery was 

being cut, which indicates that the animal had returned to a conscious state. 

he saw the animal stiffen and attempt to right itself as he was sticking the animal. 

There were no other attempts made to render the animal unconscious due to the backup HHCB 

device not being readily available. The animal bled out and became unconscious. 

(b) (6)

stated 

(b) (6)

, Animal Science Supervisor, Jason Bahls, Plant Supervisor, and 

Plant Manager, were notified of the forthcoming noncompliance with 9 CFR 313.15(a)(1)

(b) (6)

 and 

313.15(a)(3), and that USDA IPP would be contacting the District Office for further guidance. 

FSIS IPP took regulatory control action, and the restrainer was tagged with U.S. Reject tag B45412624. 

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Jason Bahls, Plant Manger Notice of Suspension 

North Dakota State University Meat Laboratory, Est. M7627 February 28, 2024 

The carcass head was examined, skinned, and the brain removed. The HHCB stun wound was 

between the eyes approximately mid-forehead. The research team that was present removed the 

skull cap to remove the brain. A member of the team stated that the stun did not fully penetrate 

the brain. 

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 detailed in 9 CFR 313.15(a) 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. 

The establishment does have a humane handling program that meets the four criteria as described 

in the Federal Register Notice of September 9, 2004, but it not considered robust. Based on the 

above findings, the Des Moines District Office has made a decision to suspend the assignment of 

inspectors for your slaughter operations, as per the Rules of Practice regulation 9 CFR Part 

500.3(b). 

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

to this office adequate written corrective actions and preventive measures to address the 

noncompliance detailed in this NOS, to assure that the handling and/or slaughter of animals will 

be done humanely and in accordance with the FMIA, HMSA, and the regulations promulgated 

therein. 

You may provide this office written corrective actions and preventive measures concerning the 

NOS and we will determine further action, if any, based upon your response. If you choose to 

address this issue, your written response should include: 

1. An initial assessment of the incident, including determination of the cause. 

2. Immediate corrective actions taken. 

3. Measures to prevent reoccurrence. 

4. Any training of employees, materials used, and associated records. 

5. Type of monitoring activity(s) to be conducted and associated monitoring records. 

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. 

3 
Jason Bahls, Plant Manger Notice of Suspension 

North Dakota State University Meat Laborat01y, Est. M7627 Febrnruy 28, 2024 

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 fuspection Service 

United States Depruiment ofAgriculture 

1400 fudependence Avenue, SW 

South Building, Room 1330A 

Washington, DC 20250 

shen i.johnson@usda.gov 

Phone number: 202-379-6196 

Pursuant to 9 CFR 500.5(d), you may also request a heru·ing regarding this detennination. Should 

you request a hearing, FSIS will file a complaint that will include a request for an expedited hearing. 

Ifyou wish to request a hearing regru·ding this detennination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff(EOS) 

Office of fuvestigation, Enforcement and Audit (OIEA) 

Food Safety and fuspection Service 

United States Depruiment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 fudependence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCon espondence@usda.gov 

Office at 515-727-8960 or District Veterinaiy Medical Specialist 

Ifyou have questions regru·ding this matter, please feel free to contact the Des Moines District 

Sincerely, 

Digitally signed by JEFFERY JEFFERY JACOBSEN 

Date: 2024.02.29 JACOBSEN 12:19:00 ·06'00 

Mr. Jeffe1y Jacobsen 

District Manager 

USDA FSIS OFO 

Des Moines District 

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