Mr. Gary Baysinger, Owner

Mountain Meat Packing Inc., Est. M/P/V4979

Notice of Suspension 

September 13, 2023

2

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 September 13, 2023, at approximately 0930 hours while verifying livestock humane handling 

during slaughter operations, the Supervisory Public Health Veterinarian (SPHV) observed the 

following incident. Establishment personnel had driven two market hogs into the cattle knock 

box. The SPHV and the Consumer Safety Inspector (CSI) were in a safe location when the 

stunning operator attempted to stun the hogs with a .17 caliber rifle while they were unrestrained. 

Two shots were heard (one for each pig in the box). The SPHV and the CSI re-entered the 

slaughter floor and noted that both hogs were recumbent on the floor and were not moving or 

vocalizing. The heads of the animals could not be closely observed due to their positioning. The 

stunning operator was not observed to check the animals for signs of consciousness. The 

stunning operator went to bleed the first hog while another employee bled the second hog. Upon 

sticking the first hog with the knife, the hog righted itself and vocalized. The hog was bleeding 

from the neck from the knife stick. The hog walked a few steps before becoming recumbent 

again. While recumbent, the hog continued to vocalize, breathe rhythmically, blink, and move 

its eyes. The SPHV asked the stunning operator to shoot the hog again. The stunning operator 

immediately retrieved the .17 caliber rifle from the knock box and rendered the animal 

insensible. U.S. Rejected tag B31379896 was placed on the knock box, and you and the 

slaughter floor manager were informed of the observations. 

Upon examining the skull, the initial shot was located between the ears at the nuchal crest. The 

second shot was placed appropriately in the forehead at the cross section of the eyes and ears. 

Previously, on June 12, 2023, the Denver District Office issued your establishment a Letter of 

Caution regarding several instances of documentation (Noncompliance Records or Memoranda 

of Information) issued for ineffective stuns followed by immediate effective corrective actions
Mr. Gary Baysinger, Owner

Mountain Meat Packing Inc., Est. M/P/V4979

Notice of Suspension 

September 13, 2023

3

(NRs issued on 3/28/23, 5/4/2023, and 6/6/2023; MOI issued on 12/20/2022 for ineffective 

stunning of a bovine slaughtered under a custom exemption). 

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

Merits of a 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 of Livestock." Additionally, on October 23, 2013, FSIS 

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

Humane Handling of Livestock." 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 of livestock to include the four components of a robust 

systematic approach to humane handling. 

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 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 313.16(a)(3), 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, 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