USDA 

~ 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

Alameda District 

February 16, 2023 

800 Buchanan St. 

Albany, CA 94710 

Phone:(510)769-

5712 

Mr. John Manuel Fagundes, Owner 

JMF Slaughter (Mobile Unit) 

Establishment M47369 

Fax: (844) 622-0081 835 Chileno Valley Road 

Petaluma, CA 94952 E-mail:jmfslaughter@yahoo.com 

NOTICE OF SUSPENSION HELD IN ABEYANCE 

Dear Mr. Fagundes: 

On February 13, 2023, the Food Safety and Inspection Service (FSIS), Alameda 

District Office (ADO), verbally notified your establishment of the withholding of the 

marks of inspection and suspension of the assignment of inspectors for the Slaughter 

operations in accordance with 21 U.S.C. 603 and Title 9 Code of Federal 

Regulations (CFR) Part 500.3 (b). This action was initiated due to your firm’s failure 

to maintain or implement required controls to prevent the inhumane handling and 

slaughter of livestock in connection with slaughter at your establishment, and failure 

to appropriately stun an animal prior to slaughter in accordance with Title 9 CFR 

Part 313.15(a)(1). This is a noncompliance with 21 U.S.C. 603(b) of the Federal 

Meat Inspection Act, the Humane Methods of Slaughter Act of 1978, and the 

regulations promulgated thereunder. 

From February 13, 2023, through February 15, 2023, your establishment submitted 

written responses to the Alameda District Office (ADO) containing the immediate 

corrective actions and further preventive measures in response to the Notice of 

Suspension (NOS) issued to your establishment on February 13, 2023. 

Based on your written and verbal commitments provided from February 13, 2023, 

through February 15, 2023, in response to the NOS, FSIS has decided to hold the 

Suspension in Abeyance to allow your establishment the opportunity to implement 

your proposed corrective actions and preventive measures. This letter confirms the 

verbal notification provided to your establishment on February 14, 2023, by the FSIS 

Alameda District Office management team. 

During this Abeyance period, FSIS will continue to verify, assess, and evaluate the 

effectiveness of the corrective actions you have implemented to assure that all 

proffered corrective actions are followed and that your programs are adequate to 

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

accordance with the FMIA, the Humane Methods of Slaughter Act, and the 

regulations promulgated thereunder. 

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FSIS designed a Verification Plan to verify that your establishment fully implements and follows 

the corrective actions and preventive measures that your establishment proffered in response to 

the NOS. The Verification Plan, which is enclosed with this letter, identifies your action plan, the 

relevant regulatory requirements, and the Public Health Information System (PHIS) tasks and 

frequencies under which FSIS officials will verify each corrective action. Please be advised that 

only FSIS can amend the Verification Plan, and should your establishment make any 

modifications to your food safety programs during the Abeyance period, you should submit these 

changes, in writing, to FSIS for verification of compliance prior to your establishment 

implementing these changes. 

You are reminded that as an operator of a federally inspected facility, you are expected to 

comply with the Federal Meat Inspection Act (FMIA) and the regulations promulgated 

thereunder to ensure that livestock at your establishment are handled and slaughtered humanely. 

The regulations require establishments to take appropriate action(s) when either the 

establishment or FSIS determines that the establishment’s system controls for humane handling 

requirements are ineffective. 

It is also important for you to understand that FSIS has the responsibility to initiate actions if 

your establishment fails to operate in accordance with FSIS regulations, or conditions occur that 

may render products unwholesome or adulterated. In these situations, FSIS personnel will 

continue to take regulatory control of product and/or other administrative enforcement action. 

FSIS has the authority to reinstate the suspension or withholding action if your establishment 

fails to implement your proposed corrective actions and preventive measures or if the corrective 

actions and preventive measures are not effective. 

Please be advised that your failure to comply with the regulatory requirements, to implement the 

corrective actions in your action plan, may result in the immediate reinstatement of the 

suspension of inspection or other appropriate administrative or legal action. 

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

Sherri N. Johnson 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

SB, Room 1330A 

Washington, DC 20250 

Phone: (202) 379-6196 

An Equal Opportunity Provider and Employer Page 2 of 3
If you have any questions, please call the Alameda District Office at (510) 769-5712. 

Sincerely, 

Isl Frank Gillis 

Deputy District Manager 

(for) 

William Griffin, 

Disti·ict Manager 

cc: 

V. Felix, DDM 

F. Gillis, DDM 

G. Abreu DDM 

Acting FLS 

, SEIAO 

s 

,EIAO 

S. Johnson, EARO 

S. Baucher, IEA, RD 

USDA, ITC, Est. M47369 

FO/QER 

An Equal Opportunity ProVider and Employer Page 3 of 3