iiiiii United States Department of Agriculture 

April 24, 2023 

Donald’s Meat Processing, LLC 

M39968 ELECTRONIC MAIL on April 24, 2023 

194 McCorkle Drive 

Lexington, Virginia 24450 

buffalocreekbeef@gmail.com 

540-464-1846 

Attention: Rosalea Potter, Plant Manager 

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 Donald’s Meat Processing, LLC, M39968, located at 194 McCorkle 

Drive, Lexington, Virginia 24450. This letter follows verbal notification of the suspension action, 

provided by Inspector 

(b) (6)

, Consumer Safety Inspector (CSI), to 

(b) (6)

, Kill 

Floor Supervisor at approximately 1330 hours on April 17, 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. 

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 
 

 

 

 

 

 

 

 

 

 

 

 

Rosalee Potter, Plant Manager Notice of Suspension 

Donald’s Meat Processing, LLC, M39968 April 20, 2023 

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 1300 hours on Monday, April 17, 2023, at your establishment, IPP identified an 

egregious humane handling noncompliance in which a heifer regained consciousness. IPP 

observed the kill floor supervisor attempt to stun a heifer with a 40-caliber pistol. The shot 

appeared to be effective as the heifer collapsed, and then its head was released from the head 

restraint, and the heifer rolled out of the knock box. As part of a routine stunning effectiveness 

check, IPP further verified that the heifer was unconscious. Plant employees placed an S-hook in 

the heifer’s nose and attached the hoist to assist in positioning the head for sticking and head 

removal. After the hook was in the heifer’s nose and the head, neck, and shoulder were hoisted, 

the heifer regained consciousness. IPP made note of vocalization immediately before the heifer 

stood up on its own. One of the plant employees immediately took a second stun attempt with 

a .22 magnum rifle, effectively rendering the heifer unconscious. IPP immediately took a 

regulatory control action to prevent further slaughter, and after consultation with the VMO, placed 

US Retain/Reject tag #B30899081 on the knock box at approximately 1330 hours to officially 

notify establishment management of the pending enforcement action. 

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. You do not currently 

maintain a written humane handing program for consideration. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rosalee Potter, Plant Manager Notice of Suspension 

Donald’s Meat Processing, LLC, M39968 April 20, 2023 

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 313.16(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: 

Sherri Johnson 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3154 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: sherri.johnson@usda.gov 

Phone: 202-205-0001 

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: 
 

 

 

 

 

 

 

 

 

 

y 

Rosalee Potter, Plant Manager Notice of Suspension 

Donald’s Meat Processing, LLC, M39968 April 20, 2023 

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 Todd Furey via telephone at 919-326-5281 or via 

electronic mail at todd.furey2@usda.gov. Additionally, you can contact Raleigh District Office 

at 919-844-8400 or by fax at 844-839-6359. 

Sincerely, 

Digitally signed by ROGER 

ROGER MURPHY MURPHY 

Date: 2023.04.25 14:19:12 -04'00' 

Todd Furey 

District Manager 
Rosalee Potter, Plant Manager 

Donald's Meat Processing, LLC, M39968 

cc: S. Johnson, EARO/FO 

L Ho1ie1i RD/CID/OIEA 

, HHEC/FO 

y, 0 

-R. Mmphy, DDM/RDO/FO 

M. Roling, DDM/RDO/FO 

A. Thompson, DDM/RDO/FO 

DCS/RDO/FO 

DVMS/RDO/FO 

, SEIAO/RDO/FO 

, Program ManagerNDACS 

Inspection ManagerNDACS 

VMONDACS 

VMONDACS 

, CSI/VDACS 

Quaiierly Enforcement Report 

Establishment File (Est. M39968) 

Notice ofSuspension 

April 20, 2023