USDA
—

United States Department of Agriculture

Food Safety and
Inspection Service

Office of Field

Operations
Denver District Office September 14, 2023

1 Denver Federal SENT VIA ELECTRONIC MAIL
Center, Bldg. 45
P.O. Box 25387

Denver, CO 80225 Mountain Meat Packing Inc.

Establishment M/P/V4979
Voice (303)236-9800 951 17 1/4 Road
Fax (303)236-9794 Fruita, CO 81521
il.com
(970) 824-4878

Attention: Mr. Gary Baysinger, Owner
NOTICE OF SUSPENSION HELD IN ABEYANCE (NOSHA)

On September 13, 2023, the Food Safety Inspection Service (FSIS) issued your
establishment, Mountain Meat Packing Inc., M4979, a Notice of Suspension (NOS).
The decision to issue the NOS was made 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).

Correspondence was received via email from your firm on September 13 and 14,
2023. Your responses included information on training and monitoring as well as
having additional firearms available for use in the event of an ineffective stun. After
reviewing the responses and based upon your proposed corrective actions FSIS will
hold the suspension of inspectors at your establishment in abeyance.

The suspension will remain in abeyance pending verification by FSIS inspection
personnel. During this abeyance period, FSIS will continue to verify, assess, and
evaluate the effectiveness of your proffered corrective actions to ensure that these are
adequately implemented, and confirm that livestock are properly handled and
slaughtered humanely.

FSIS will design a verification plan to confirm that your establishment is
implementing the corrective actions you provided in your response to the NOS. The
verification plan identifies your corrective action plan, the relevant regulations and
the frequency FSIS inspection personnel will verify the implementation and
effectiveness of your proffered actions.


FSIS will provide you a copy of the verification plan. Please be advised that only FSIS can
amend the verification plan. If your establishment wishes to modify your proposed corrective
actions during the abeyance period, please submit these changes, in writing, to FSIS for approval
prior to making any changes in your actions.

FSIS reminds you that as an operator of a federally inspected facility, you are expected to
comply with the Federal Meat Inspection Act (FMIA), the Humane Methods of Slaughter Act
(HMSA) and the regulations in 9 CFR 313 to ensure 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. FSIS has the responsibility to initiate action if
your establishment fails to operate in accordance with FSIS regulations.

Please be aware that your failure to comply with the regulatory requirements or effectively
implement the commitments you proffered in your responses may lead to further administrative
enforcement actions.

If you have any questions regarding this matter, you may contact the Denver District Office at
(303) 236-9800.

Sincerely,

JESSICA syunspanase
VAN HOOK Date: 2023.09.14 15:40:54 -0600

Dr. Robert Reeder
District Manager
USDA FSIS OFO
Denver District Office

Robert.Reeder@usda.gov

for

ce: FO/QER
Est. File
D. James, DDM
J. Monteverde, DDM
J. VanHook, DDM

S. Smith, RD/OIEA