USDA

... United States Department of Agriculture 

Electronically Submitted on October 17, 2023 

FedEx Tracking: 7737 7075 5462 

October 17, 2023 

Mr. Nicholas Phillps Vice President of Operations 

Copper City Meats DBA Gold Medal Packing (Est. M-17965) 

8269 River Road 

encan.com 

eats.com 

NOTICE OF SUSPENSION 

Attention: Nicholas Phillips, Vice President of Operations 

This letter se1ves as official notification by the Food Safety and Inspection Se1vice (FSIS) 

of our decision to withhold the federal marks of inspection and suspend the assignment of 

Inspection Program Personnel (IPP) at Copper City Meats [DBA Gold Medal Packing], 

establishment M-17965, located at 8269 River Road, Rome, New York 13440. This letter 

follows verbal notification of the suspension action, provided by Dr. Chelsea Buckley, 

Deputy District Manager (DDM) to Mr. Nicholas Phillips, Vice President of Operations, 

at approximately 1130 hours on October 17, 2023. 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 ofPractice 500.3(b), based on the detennination 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 ai·e 

wholesome, not adulterated, and properly marked, and labeled. The Act gives FSIS the 

authority, as designated by the Secretaiy of Agriculture, 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 and passed, 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. 

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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 

On October 17, 2023, at approximately 1000 hours, while completing a humane handling 

task in the pens at Copper City Meats (Est. M-17965), the following noncompliance was 

observed. IPP witnessed an establishment employee drag a bob veal by the two hind legs 

between six (6) and eight (8) feet from pen five (5) halfway into pen four (4). At the time 

of the incident, the bob veal calf could be observed breathing, had coordinated eye 

movement, and could move its tongue. IPP stopped the employee immediately and asked 

(the employee) if the bob veal was dead or had been previously stunned. The establishment 

employee replied “no”. IPP proceeded immediately to inform the plant manager, who then 

removed the offending plant employee from the building. The calf was appropriately 

stunned and bled by a trained establishment employee while under the supervision of IPP. 

U.S. Condemn tag number Z10108099 was applied to the calf. Additionally, the ramp to 

the knock box tagged with U.S. Reject Tag number B43765004. This is a failure to meet 

the regulatory requirements of 9 CFR 313.2(d)(2) “The dragging of disabled animals and 

other animals unable to move, while conscious, is prohibited.” 

While the establishment has a robust systematic approach to humane handling, it was not 

being implemented properly. 

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 313.2 

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. 

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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 can do so by contacting: 

Melissa Moore 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

SB, Room1222 

Washington, DC 20250 

Email: melissa.moore1@usda.gov 

Phone: (202) 450-0330 

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

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 dete1mination, please 

contact: 

Scott C. Safian, Director 

Enforcement Operations Staff(EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaitment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBConespondence@usda.gov 

If you have any questions regarding this matter, please feel free to contact Dr. Chelsea 

Buckley, DDM, via electronic mail at chelsea.buckley@usda.gov or by telephone at (267) 

807-7615. Additionally, you can contact the Philadelphia District Office at (800) 637-

6681. 

Sincerely, 

CHELsEA Digita lly signed by 

CHELSEA BUCKLEY 

BUCKLEY Date: 2023. 10.17 

13:34:57 .04·00· 

Mr. Jason Orlando 

District Manager 

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CC: 

FSIS - FO/Quarterly Enforcement Repo1t 

Ms. Melissa Moore, EARO, FSIS, OFO, Washington D.C. 

Mr. Joseph Priore, RD, FSIS, OIEA, No1theast Region 

Mr. Jason Orlando, DM, FSIS, OFO, Philadelphia District Office 

Mr. Joseph Schein, DDM, FSIS, OFO, Philadelphia District Office 

Mr. George Slobodjian, DDM, FSIS, OFO, Philadelphia District Office 

Dr. Chelsea Buckley, DDM, FSIS, OFO, Philadelphia District Office 

, DCS, FSIS, OFO, Philadelphia District Office 

SEIAO, FSIS, OFO, Philadelphia District Office 

, FLS, FSIS, OFO, Philadelphia District 

, SPHV, FSIS, OFO, Philadelphia District 

Official Files Establishment Folder- Est. 17965 

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