USDA 

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 

Room 985 

Des Moines, IA 

50309-2123 

Voice 515.727.8960 

Fax 515.727.8991 

January 16, 2023 

Digitally signed copy emailed 

Thor Eiriksson, Establishment Administrator 

HyLife Foods Windom, LLC 

2850 Highway 60 East 

Windom, MN 55314 

NOTICE OF SUSPENSION 

Dear Mr. Eriksson: 

This letter confirms verbal notification by the Des Moines District Office, Food Safety and 

Inspection Service (FSIS) on January 16, 2023, of the decision to suspend the assignment of 

slaughter Inspection Program Personnel (IPP) at your firm, HyLife Foods Windom, LLC, 

M45856, located at 2850 Highway 60 East, Windom, MN 56101, herein referred to as 

the/your establishment. This action is taken in accordance with the Rules of Practice 

regulation 9 Part Code of Federal Regulations (CFR) Part 500.3(b), which indicates that FSIS 

may take a withholding action or impose a suspension without providing an establishment 

prior notification if it is handling or slaughtering animals inhumanely. FSIS is taking action 

due to an egregious inhumane handling incident that occurred at your establishment on 

January 16, 2023. 

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 of livestock, the 

secretary shall cause to be made, by inspectors appointed for that purpose, an examination and 

inspection of the methods by which amenable species cattle, sheep, swine, goats, horses, mules, 

or other equines are slaughtered and handled in connection with slaughter in the slaughtering 

establishments inspected under this Act. The Secretary may refuse to provide inspection to a 

new slaughtering establishment or may cause inspection to be temporarily suspended at a 

slaughtering establishment if the Secretary 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 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. 

Under the authorities of the Acts, FSIS has prescribed rules and regulations for the humane 

slaughtering of livestock, as contained in regulations 9 CFR Part 313, and the HMSA of 1978. 

FSIS has also developed Rules of Practice regarding enforcement prescribed in regulations 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, as well as the procedures for filing a complaint to withdraw a Grant of 

Federal Inspection. 

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Findings/Basis for Action 

U.S. Rejected tag #B36837329 to the slatted gate of the and informed

While performing, antemortem inspection, Inspection Program Personnel observed that 

establishment employees had segregated and isolated a hog with an actively bleeding prolapse 

in the livestock holding area. An initial stun attempt was applied to the hog’s forehead. The 

stunner operator determined that the animal was unconscious, and the skid steer was turned on 

to load up the animal and transfer it to the carcass collection room. The animal returned to 

consciousness and stood on all four feet, under its own power, and with coordinated movement 

began to walk away from the skid steer. After a brief delay, a second stun attempt was applied 

with a second loaded handheld captive bolt gun and was effective, at which time the animal 

collapsed, and was observed to be unconscious. The animal was then loaded into the skid steer 

and transferred to the carcass collection room. IPP inspected the hog carcass and identified two 

stun wounds on the animal’s forehead and observed that they were approximately 0.5 cm apart 

(b) (6)

on the midline of the forehead and were bleeding. At approximately 1405 hours, IPP placed 

(b) (4) (b) (6)

 and Senior Director of Growth Operations, Alan Pickard 

that slaughter was suspended, and that the district office is being contacted through supervisory 

channels for further guidance. 

This is a violation of the FMIA (21 U.S.C.) 603, regulations 9CFR Part CFR 313.15(a)(3) and 

the HMSA of 1978. 

Conclusion 

The observations detailed above indicate an egregious violation of the humane handling 

requirements specified within the provisions of 21 U.S.C. 603, Section 3(b) of the FMIA, 

and Title 7 U.S.C. 1901 and 1902 of the HMSA of 1978 and the regulatory requirements 

outlined in 9 CFR Part 313.15. 

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 determined 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 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. Preventive measures to prevent reoccurrence. 

4. Any training of employees and materials used. 

Equal Opportunity Provider and Employer Page 2 of 4 
5. Type ofmonitoring activity for stunning effectiveness, along with a 

documentation record. 

You are reminded that as an operator of a federally inspected establishment, you are 

expected to comply with FSIS regulations, regarding the humane handling and slaughter 

of livestock. Please be advised that you have the right to appeal this matter. Ifyou wish to 

appeal, you should contact: 

Attention: Sheni N. Johnson 

Acting Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and Inspection Service 

United States Depaitment ofAgriculture 

1400 Independence A venue, SW 

South Building, Room 1330A 

Washington, DC 20250 

Office number: 202-379-6196 

shenijohnson@usda.gov 

In addition, you may also request a hearing regarding this dete1mination pursuant to FSIS 

Rules of Practice, regulation 9 CFR Pait 500. The Rules of Practice were published in the 

Federal Register, Vol. 64, No. 228, on November 29, 1999. As specified in Section 

500.5(d), 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 hea1ing regarding this dete1mination, you should contact: 

Attention: Scott C. Safian, Director 

Enforcement Operations Staff 

Office ofInvestigation, Enforcement and Audit 

Food Safety and Inspection Se1vice 

United States Depaitment ofAgriculture 

Stop Code 3753, PP3, Cubicle 9-235-A 

1400 Independence A venue, SW 

Washington, DC 20250 

Phone number: 202-418-8872 

Fax number: 202-245-5097 

We urge your cooperation and voluntaiy compliance. If you have questions regardin this 

matter, lease feel free to contact the Des Moines Distiict Office at 515-727-8960, 

, DistI'ict Veterinai Medical Specialist (DVMS), at or 

DVMS, at 

Sincerely, 

Digitallysigngd by MARK MARK JOHNSON 

JOHNSON Datg: 2023.01.16 (for) 21:01:11 -06'00 

Dawn Sprouls, DVM 

District Manager 

Equal Opportunity Provider and Employer Page 3 of4 
USDA FSIS OFO 

Des Moines District 

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