USDA

... 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Denver District Office 

1 Denver Federal 

Center, Bldg. 45 

P.O. Box 25387 

Denver, CO 80225 

Voice (303)236-9800 

Fax (303)236-9794 

United States Department of Agriculture 

October 30, 2023 

SENT VIA ELECTRONIC MAIL 

Todd Elsbeny, Owner 

Lacy Sanders, Plant Manager 

Alaska Meat Packers Inc., 

Establishment 20891 M/PN 

385 E. Outer Springer Loop 

Palmer, AK 99645 

@gmail.com 

.a as amea ackers.com 

Attention: Mr. Elsbeny, Owner 

Notice of Suspension 

This letter serves 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 Alaska Meat Packers Inc., M20891, located at 385 E. 

Outer Springer Loop, Palmer, Alaska. This letter follows verbal notification ofthe 

suspension action, provided by Dr. Rober Reeder, District Manager, to Ms. Lacy Sanders, 

Plant Manager, at approximately 1300 MST on October 30, 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 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 Prut 313). 

Background/Authority 

The FMIA (21 USC 601 et seq.) provides it is essential to the public interest that the health 

and welfru·e of consumers be protected, by assuring meat products distiibuted to them ru·e 

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

authority, as designated by the Secretruy of Agriculture, to prescdbe mies and regulations 

describing sanitation requirements for inspected establishments and provide FSIS progi·am 

personnel the auth01ity to refuse to allow meat/meat food products to be mru·ked, labeled, 

stamped, or tagged as inspected and passed, to prevent the entiy of adulterated products into 

commerce. FU1the1more, 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 Congi·ess finds that the use ofhumane methods in the slaughter of 

livestock prevents needless suffe1ing; results in safer and better working conditions for 

persons engaged in the slaughtering industiy; brings about improvement of products and 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Todd Elsberry, Owner Notice of Suspension 

Alaska Meat Packers Inc., Est. M20891 October 30, 2023 

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 Monday, October 30, 2023, FSIS Inspection Program Personnel (IPP) documented in a 

Noncompliance Report (NR) the following event at Est. M20891: 

HATS Category VIII: Ineffective Stun 

On 10/20/23, at approximately 0858am, I observed the stun operator at Alaska Meat Packers Inc. 

ineffectively stun a cow with a hand-held captive bolt (HHCB) device in the stun box without a head 

catch. After the first ineffective stun attempt, I observed the cow lying down in the stun box with its head 

held upright, showing signs of controlled movement and labored breathing. The stun operator attempted 

to immediately stun the cow a second time with the backup HHCB device, which I observed the stun 

operator load, but was unable to reach the cow while leaning over the stun box. After several attempts to 

get clear placement, the stun operator had another employee hold his legs so he could lean over into the 

stun box. At approximately 0902am, stun operator applied the second stun attempt which was also 

ineffective. After the ineffective second stun, the cow began vocalizing. A third stun attempt was applied 

with one of the reloaded HHCB devices at approximately 0904am. This attempt was also ineffective as 

the cow continued vocalizing, rhythmic heavy breathing and moving around slightly within the stun box 

while still holding its head up. After the third ineffective attempt, Ms. Sanders asked the FSIS inspection 

for advice and/or input on whether the plant should use their firearm instead; to which our inspection 

team stated, yes please use the firearm. At approximately 0905am, establishment management vacated the 

slaughter floor to retrieve a firearm (pistol) utilizing .38 special cartridges. Everyone cleared from the 

slaughter floor and went to a safe location into the hallway/breakroom. At approximately 0908am, the 

stun operator attempted to stun the cow for the fourth time with the firearm. The attempt was ineffective 

as the cow continued vocalizing. I continued waiting in the hall for another (fifth) attempt, then an 

employee came out and informed everyone that the animal was dead. When I walked back onto the 

slaughter floor at approximately 09:10 am, I observed the cow to already be shackled and hoisted up on 

the rail, with its neck slit and bleeding out. The animal no longer showed signs of being conscious. At 

approximately 0913am, I applied U.S. Reject tag to the stun box with U.S. Rejected Tag NO. B35943003. 

The establishment management was verbally informed of the forthcoming noncompliance. 

Upon inspection of the dressed head, three penetrating holes were observed, which were angled into the 

sinuses. 

The Denver District Management Team was notified through supervisory channels. This noncompliance 

will be associated with NR#EUM5713092526N/1 issued on 9/25/2023. The establishment is currently 

operating within a deferral period for a humane handling Notice of Intended Enforcement. 

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Mr. Todd Elsberry, Owner Notice of Suspension 

Alaska Meat Packers Inc., Est. M20891 October 30, 2023 

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)(1), 313.15(b)(1)(iii), and 313.16(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. 

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

addressing the following: 

• Evaluate and identify the nature and 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: 

William Griffin 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3164 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: William.Griffin1@usda.gov 

Phone: (202) 961-7156 

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: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office of Investigation, Enforcement and Audit (OIEA) 

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Mr. Todd Elsbeny, Owner Notice ofSuspension 

Alaska Meat Packers Inc., Est. M2089 J October 30, 2023 

Food Safety and Inspection Se1vice 

United States Depaitment 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: AEBConespondence@usda.gov 

Ifyou have any questions, you can contact the Denver District Office at (303) 236-9800, via electronic 

mail at Denver.Districtmanagement@usda.gov, or by fax at (303) 236-9794. 

Sincerely, 

Digitallysigned by ROBERT ROBERT REEDER 

D•te: 2023.10.30 15:32:42 REEDER -06'00' 

Dr. Ro belt Reeder 

District Manager 

USDA FSIS OFO 

Denver District Office 

Robert.Reeder@usda.gov 

cc: W. G1i ffin. EARO 

R. Reeder DM iiliiiiiiiiiiil,Humane Handling Enforcement Coordinator 

~nalDirector 

J. VanHook, DDM 

D. Jame.s, DDM 

FO Quaiter y Reports 

J_Monteverde, DDM 

, SEIAO 

, DVMS 

, actingFLS 

, SPHV 

, CSI 

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