USDA 

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________________________________________________________________________________________________________

United States Department of Agriculture 

April 28, 2023 

JMF Slaughter (Mobile Unit) 

Establishment M47369 ELECTRONIC MAIL on April 28, 2023 

835 Chileno Valley Road 

Petaluma, CA 94952 

Email: jmfslaughter@yahoo.com 

Telephone Number: (707) 888-3388 

Attention: John Manuel Fagundes, Owner 

NOTICE OF REINSTATEMENT OF SUSPENSION HELD IN ABEYANCE 

On April 25, 2023, the Food Safety and Inspection Service (FSIS), Alameda District Office 

(ADO), verbally notified your establishment of our decision to withhold the federal marks of 

inspection and suspend the assignment of Inspection Program Personnel (IPP) for slaughter at 

JMF Slaughter (Mobile Unit), Establishment M47369, located at 835 Chileno Valley Road, 

Petaluma, CA 94952. The ADO issued a Notice of Reinstatement of Suspension letter to follow 

verbal notification of the suspension action, provided by Virginia Felix, Deputy District Manager 

to you, Mr. John Fagundes, Owner, at approximately 1545 hours on April 25, 2023. 

The decision to institute this enforcement action is in accordance with Title 9 of the Code 

Federal Regulations (CFR), Rules of Practice 500.3(b), and Federal Meat Inspection Act (FMIA) 

21 United States Code (U.S.C.) 603, the Humane Methods of Slaughter Act (HMSA) (7 U.S.C. 

1901 et seq.), and the regulatory requirements (9 CFR Part 313). This action is based on the 

determination that your establishment failed to handle or slaughter animals humanely in 

accordance with Title 9 CFR 313.30(a)(4). 

These observations indicate that the corrective actions and preventative measures you proffered 

in your response to the Notice of Suspension (NOS) initiated on February 13, 2023, which was 

also issued for your establishment’s failure to handle or slaughter animals humanely, were 

ineffective and/or not implemented. 

From April 25, 2023, through April 26, 2023, your establishment submitted written responses to the 

Alameda District Office (ADO) containing the immediate corrective actions and further preventive 

measures in response to the Notice of Reinstatement of Suspension (NROS) issued to your 

establishment on April 25, 2023. 

Based on your written and verbal commitments provided from April 25, 2023, to April 26, 2023, 

in response to the NROS, FSIS has decided to hold the Reinstatement of Suspension in 

Abeyance to allow your establishment the opportunity to implement your proposed corrective 

actions and preventive measures. This letter confirms the verbal notification provided to your 

establishment on April 26, 2023, by the FSIS Alameda District Office management team. 

 An Equal Opportunity Provider and Employer Page 1 of 3 
 

 

 

 

John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

Held in Abeyance 

JMF Slaughter (Mobile Unit), Est. M47369 April 28, 2023 

During this Abeyance period, FSIS will continue to verify, assess, and evaluate the effectiveness 

of the corrective actions you have implemented to ensure that all proffered corrective actions are 

followed and that your programs are adequate to ensure that livestock at your establishment are 

handled and slaughtered humanely, in accordance with the FMIA, the Humane Methods of 

Slaughter Act, and the regulations promulgated thereunder. 

FSIS designed a Verification Plan to verify that your establishment fully implements and follows 

the corrective actions and preventive measures that your establishment proffered in response to 

the NOS. The Verification Plan, which is enclosed with this letter, identifies your action plan, the 

relevant regulatory requirements, and the Public Health Information System (PHIS) tasks and 

frequencies under which FSIS officials will verify each corrective action. Please be advised that 

only FSIS can amend the Verification Plan, and should your establishment make any 

modifications to your animal welfare programs during the Abeyance period, you should submit 

these changes, in writing, to FSIS for verification of compliance prior to your establishment 

implementing these changes. 

You are reminded that as an operator of a federally inspected facility, you are expected to 

comply with the Federal Meat Inspection Act (FMIA) and the regulations promulgated 

thereunder to ensure that livestock at your establishment are handled and slaughtered humanely. 

The regulations require establishments to take appropriate action(s) when either the 

establishment or FSIS determines that the establishment’s system controls for humane handling 

requirements are ineffective. 

It is also important for you to understand that FSIS has the responsibility to initiate actions if 

your establishment fails to operate in accordance with FSIS regulations, or conditions occur that 

may render products unwholesome or adulterated. In these situations, FSIS personnel will 

continue to take regulatory control of product and/or other administrative enforcement action. 

FSIS has the authority to reinstate the suspension or withholding action if your establishment 

fails to implement your proposed corrective actions and preventive measures or if the corrective 

actions and preventive measures are not effective. 

Please be advised that your failure to comply with regulatory requirements, to implement the 

corrective actions in your action plan, and/or to notify this office in writing of any changes to 

your action plan may result in the immediate reinstatement of the suspension of inspection or 

withholding action at your establishment. 

Appeal and Hearing Rights 

You have the right to appeal this matter and can do so by contacting: 

Sherri N. Johnson, 

Executive Associate for Regulatory Operations 

Office of Field Operations 

An Equal Opportunity Provider and Employer Page 2 of 3 
John Manuel Fagundes, Owner Notice of Reinstatement of Suspension 

Held in Abeyance 

JMF Slaughter (Mobile Unit), Est. M47369 April 28, 2023 

Food Safety and Inspection Service 

United States Department of Agriculture 

1400 Independence Avenue, SW 

SB, Room 1330A 

Washington, DC 20250 

Email: sherri.;ohnson@u.sda.gov 

Phone: (202) 379-6196 

If you have any questions, please call the Alameda District Office at (5 10) 769-5712, by fax at 

(844) 622-0081, or via electronic mail at AlamedaDistrictOffice@usda.gov. 

Sincerely, 

Isl Virginia Felix, D VM 

Deputy District Manager 

(for) 

William Griffin 

Disti·ict Manager 

cc: 

, Humane Handling Enforcement Coordinator 

S. Baucher, OIEA Regional Director 

V. Felix, DDM 

F. Gillis, DDM 

G. Abreu DDM 

, SEIAO 

acting DVMS 

Acting FLS 

, EIAO 

DCS 

ITC, SPHV at Est. M47369 

FO/Qua1terly Repo1ts 

An Equal OWortunity Provider and Employer Page 3 of3