USDA 

iilllllllll 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Des Moines 

District Office 

Neal Smith 

Federal Building 

210 Walnut Street 

Room985 

Des Moines, IA 

50309-2123 

Voice 

515.727.8960 

Fax 515.727.8991 

March 14, 2024 

Electronically mailed on March 14, 2024 

Tony Paskewitz, Owner 

Prairie Meats, Inc., Est. M47273 

2505 W. Lincoln Ave 

Olivia, Minnesota 56277 

tonyp@prairiemeatsinc.com 

320-523-7060 

NOTICE OF SUSPENSION 

Attention: Tony and Heidi Paskewitz 

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 Prairie Meats, Inc., 

Est. M47273, located at 2505 W. Lincoln Ave, Olivia, Minnesota 56277. This letter 

follows notification via phone of the suspension action, provided by 

Frontline Supervisor, to Mr. Tony Paskewitz, Owner, at approximately 1520 hours on 

March 14, 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 occmTed at your establishment on Mai·ch 14, 2024. The evidence 

demonstrates failure to comply with the Federal Meat Inspection Act (FMIA) (21 

U.S.C. 603), the Humane Methods ofSlaughter 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 Secreta1y may refuse to provide inspection to a new slaughtering 

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

establishment ifthe Secretaiy 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 

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Tony Paskewitz, Owner Notice of Suspension 

Prairie Meats, Inc., Est. M47273 March 14, 2024 

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 

At approximately 1310 hours, while performing a Livestock Humane Handling task observing 

HATS Category VIII (Stunning Effectiveness), IPP observed the following noncompliance. IPP 

was in the inspection office, which is directly adjacent to the slaughter floor, when IPP heard a 

steer in the restrainer loudly vocalizing and thrashing around. Upon entering the slaughter floor 

and approaching the restrainer, IPP observed the conscious animal on its knees, breathing 

rhythmically while vocalizing loudly, and tracking movement with its eyes. IPP did not observe 

the first application of the hand-held captive bolt (HHCB) gun, however the animal had blood on 

its face and nose. The establishment did not have a backup HHCB gun, and the usual operator 

was out on leave. IPP then observed the establishment employee make a second attempt to stun 

the animal using the same HHCB gun. The second stunning attempt was also ineffective. IPP 

observed the conscious animal still vocalizing, tracking eye movement, and attempting to climb 

out of the restrainer. When the establishment employee attempted a third time to stun the animal, 

the same HHCB gun made a clicking noise and did not go off. The establishment employee then 

re-cocked the HHCB gun and applied a stun that was effective and rendered the animal 

unconscious. 

This observation is noncompliant with 9CFR 313.15(a)(1). IPP applied a U.S. Rejected tag # 

B43041592 to the restrainer and notified the plant owner Tony Paskewitz that slaughter would be 

temporarily stopped and that IPP would be contacting district office through supervisory 

channels. Upon observation of the head at post-mortem inspection, three stunning holes were 

identified and clustered in the center of the forehead, approximately at the location of an X 

drawn between the base of the ears and eyes. 

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Tony Paskewitz, Owner Notice of Suspension 

Prairie Meats, Inc., Est. M47273 March 14, 2024 

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)(1) 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 not have a humane handling program that meets the four criteria as 

described in the Federal Register Notice of September 9, 2004. 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. 

Appeal and Hearing Rights 

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

Sherri N. Johnson, Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

3 
Tony Paskewitz, Owner Notice of Suspension 

Prairie Meats, Inc., Est. M47273 March 14, 2024 

United States Depaiiment ofAgriculture 

1400 Independence A venue, SW 

South Building, Room 1330A 

Washington, DC 20250 

shenijohnson@usda.gov 

Phone number: 202-379-6196 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this dete1mination. Should 

you request a heai·ing, FSIS will file a complaint that will include a request for an expedited heai·ing. 

Ifyou wish to request a heai·ing regai·ding this detennination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff(EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaiiment ofAgriculture 

Stop Code 3753, SB - Room 2 148 

1400 Independence A venue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBConespondence@usda.gov 

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

If you have questions regarding this matter, please feel free to contact the Des Moines District 

Sincerely, 

Digitally signed by Todd C. Gerwig ~~/4; Date: 2024.03.14 16:37:4 1 -05'00' 

for 

Mr. Jeffe1y Jacobsen 

District Manager 

USDA FSIS OFO 

Des Moines District 

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