USDA~ 

iiiiiiiiii United States Department of Agriculture 

Food Safety and 

lnspection Service 

Office ofField Operations 

Jackson District Office 

713 S Pear Orchard Rd. 

Plaza 2, Suite 402 

Ridgeland, MS 39157 

August 24, 2023 

Beefand Bacon ELECTRONIC MAIL on August 24, 2023 

Est. M54271 FEDEX TRACKING 7731 5956 8503 

2887 McGee Chapel Rd 

~ . Kentucky 42327 

~ gmail.com 

270-929-0280 

Attention: ,Mr. William Kuegel, 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 marks ofinspection and 

suspend the assignment ofInspection Program Personnel (IPP) at Beef and 

Bacon, Est. M5427 l, located at 2887 McGee Chapel Rd, Calhoun, Kentucky. 

This letter follows verbal notification ofthe suspension action, provided by Dr. 

Kermit Harvey, Deputy District Manager, to William Keugel, Owner, at 

approximately 12:38 PM on August 24, 2023. This action includes your 

Slaughter Haz.ard 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 ofFederal Regulations (CFR), Rules ofPractice 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 ofSlaughter 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 aJlow 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. 
William Kuegel, Owner Notice of Suspension 

Beef and Bacon, Est. M54271 August 24, 2023 

The HMSA provides that Congress finds that the use ofhumane 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 

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 ofthe 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 ofthe 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 ofPractice regarding administrative enforcement, 9 CFR Part 500. The 

Rules ofPractice describe the types ofenforcement 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 S00.3(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 August 24, 2023, at approximately 0906 hours your personnel moved the last USDA porcine 

into the knock box. The initial electrical stun attempt was immediately effective at rendering the 

animal insensible (routine procedure oftwo stuns behind the ears). The animal was observed to 

collapse, with no righting reflex, and inactive eyes. The side ofthe knock box was raised and as 

is routine a thoracic stun was attempted. The electrical wand did not work. The electrical 

generator box on the wall had lost power. Instead of immediately going to their back-up device, 

your personnel attempted to restore power to the box, but were not successful. Several minutes 

passed before your personnel got the captive bolt device ready. By this time, USDA IPP 

observed the animal had regained consciousness, lifting its head (righting reflex), with tracking 

eye movement. The handheld captive bolt corrective action stun was effective at approximately 

0909, rendering the animal insensible, and it remained so thereafter. U.S. Rejected tag 

#B28861082 was assigned to the knock box by USDA IPP, and William "Rod" Kuegel, 

Establishment Owner, was notified ofthe non-compliance and ofthe regulatory control action. 

On September 9, 2004, FSIS published "Humane Handling and Slaughter Requirements and the 

Merits ofa 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 ofLivestock." Additionally, on October 23, 2013, FSIS 

introduced new guidance, titled "FSIS Compliance Guide for a Systematic Approach to the 

Humane Handling ofLivestock." 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 oflivestock to include the four components ofa robust 

systematic approach to humane handling. 

2 
William Kuegel, Owner Notice of Suspension 

Beef and Bacon, Est. M54271 August 24, 2023 

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. 

Summary and Conclusion 

Provisions ofthe 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 313.30(a)(4), constituting a violation ofthe humane 

slaughter requirements, and supporting the conclusion that your handling of livestock violated 

the provisions ofthe FMIA and HMSA. 

Please provide a written response, inclusive ofwritten corrective action and preventative measures, 

by addressing the following: 

• Evaluate and identify the nature, cause ofthe 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 offurther administrative action will be made upon receipt and review ofyour 

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 ofor 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: 

Melissa Moore 

Executive Associate for Regulatory Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Department ofAgriculture 

SB, Room 3160 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: melissa.moore l fa!usda.gov 

Phone: (202) 450-0330 

3 
William Kuegel, Owner Notice of Suspension 

Beef and Bacon, Est. M5427J August 24, 2023 

Pursuant to 9 CFR 500.S(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. 

Ifyou wish to request a hearing regarding this detennination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office oflnvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Department ofAgriculture 

Stop Code 3753, SB -Room 2148 

1400 Independence A venue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCorrespondencet'alusda.gov 

Ifyou have any questions, please contact Dr. Larry Davis via telephone at (601) 863-4206 or via 

electronic mail at 1arry.davis4@usda.gov. Additionally, you can contact the Jackson District 

Office at (601) 965-4312 or by fax at (601) 965-5901. 

Sincerely, 

Digitally signed by KERMIT KERMIT HARVEY 

Oat~: 2023.08.24 13:1 0:33 HARVEY ·05'00' 

for: 

Dr. Larry Davis 

District Manager 

4 
William Kuegel, Owner Notice ofSuspension 

Beef and Bacon, Est. M54271 August 24, 2023 

Cc: 

umane Handling Enforcement Coordinator 

Mr. Larry Hortert, lEA Regional Director 

Dr. Larry Davis, DM 

Dr. Kermit Harvey, DOM 

Ms. Cheryl Henry, DDM 

Dr. Erin Moses DDM 

SEIAO 

DCS 

DVMS 

FLS 

PHV 

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CSI 

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