USDA 

~ i - United States Department of Agriculture 

January 19, 20234 

Hometown Meat Mar·ket LLC HAND DELIVERED & SENT VIA USPS 

Establishment 936 Amended to correct plant mailing address 

2600 N. FM 973 

Austin, TX 78725 

cole@kandccattle.com 

903-721 -16821 

Attention: Mr. Anthony Cole Bolton, Plant Owner 

NOTICE OF SUSPENSION 

This letter serves as official notification by the Food Safety and Inspection Service (FSIS) of our 

decision to withhold the federal mar·ks of inspection and suspend the assignment ofInspection 

Program Personnel (IPP) at Hometown Meat Market LLC, Establishment 936, located at 2600 N. 

FM 973, Austin, TX 78725. This letter follows verbal notification ofthe suspension action, 

provided by Dr. Kinsey Naylor-Byles, Deputy District Manager, to Mr. Anthony Cole Bolton, 

Plant Owner at approximately 11:10 am on January 19, 2024. 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 regulato1y requirements (9 CFR Pait 

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 mar·ked, and labeled. The Act gives FSIS the 

authority, as designated by the Secretary ofAgriculture, to prescribe rnles 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 andpassed, to prevent the entiy of adulterated products into 

commerce. Furthe1more, 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 ofproducts and economies in 
 

 

 

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Hometown Meat Market LLC

Notice of Suspension

January 19, 2024

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 January 19, 2024, at approximately 8:32 a.m., while verifying the Humane Handling category 

VIII effective stun, 

(b) (6)

, Consumer Safety Inspector (CSI), observed the following 

noncompliance. She observed the first steer knocked for the day. The stun operator climbed onto 

the gate of the knock box and reached through the railing of the gate to administer the knock. 

This knock box did have a head catch, but it was not operable at the time. The knock was

administered, the gate was opened, and the animal was hoisted. As he was being hoisted, CSI

(b) (6)

 noticed his eyes were blinking, and he was breathing out of his nostrils. He was also 

thrashing and attempting to right himself. An employee then proceeded to stick the animal. The

steer continued to blink spontaneously but did not vocalize. The stun operator then turned to CSI

(b) (6)

and asked if he should administer another knock. CSI

(b) (6)

told him that he should have

administered the second knock prior to hoisting and sticking the steer. The CSI affixed US

Retained Tag #B27 647154 on the door of the knock box. The establishment does not have a

robust systematic approach to the humane handling of livestock. 

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. 
 

 

 

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Hometown Meat Market LLC

Notice of Suspension

January 19, 2024

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 313.15(a)(3) and 313.15(b)(1)(iii), 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 may do so by contacting:

William Griffin, MS, MPS, MPH

Executive Associate for Regulatory Operations

Office of Field Operations

Food Safety and Inspection Service, USDA

1400 Independence Avenue S.W. 

Room 3164, South Building 

Washington, DC. 20250 

Mobile:

(b) (6)

William.Griffin1@usda.gov

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:
 

 

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JENN IF ER :!':'.:1.'.':::,'.s'."c!!::=,:e:-.;:,,~~-

AgrtC\llture, 

BEASLEY MCKEAN ~=::::~;;,.~'""""""" 

Date:2024.01.1914:05:05-06'00' 

Hometown Meat Market LLC

Notice of Suspension

January 19, 2024

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

(b) (6)

 at 4

(b) (6)

, District Veterinary Medical

Specialist (DVMS), via telephone or via electronic mail at

(b) (6)

@usda.gov. Additionally, you may contact Dr. Kinsey Naylor-Byles, DDM, in the

Dallas District Office at 469-371-2317 or by fax at 844-622-0080.

Sincerely,

Jennifer Beasley-McKean, DVM

District Manager

cc:

(b) (6)

, Frontline Supervisor, San Antonio, TX

Inspector in Charge, Establishment 936, Luling, TX
 

 

 

_____________________________

_____________________________ ___________________________ 

Hometown Meat Market LLC

Notice of Suspension

January 19, 2024

I received a copy of this Notice of Suspension dated January 19, 2024, on:

Date

Responsible Plant Official Signature of FSIS Witness