USDA 

illllllllllllll 

United States Department of Agriculture 

Food Safety and 

InspectionService 

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 

September 26, 2023 

SENT VIA ELECTRONIC MAIL 

Todd Elsbeny, Owner 

Chris Miller, Plant Manager 

Alaska Meat Packers Inc., 

Establishment 20891 M/PN 

385 E. Outer Springer Loop 

Palmer, AK 99645 

lacy@alaskameatpackers.com 

NOTICE OF INTENDED ENFORCEMENT (NOIE) 

Dear Mr. Elsbeny, 

This letter serves as official notification by the Food Safety Inspection Service (FSIS) 

of its intent to withhold the marks of inspection and suspend the assignment ofFSIS 

Inspection Program Personnel (IPP) at your establishment, Alaska Meat Packers, Inc., 

Establishment M20891, located in Palmer, Alaska. Ms. Jenifer Monteverde, Deputy 

District Manager (DDM), verbally notified you of the Notice of Intended Enforcement 

(NOIE) on September 25, 2023. The decision to issue this notification was made in 

accordance with 9 CFR 500.3(b) (Rules ofPractice), based on your failure to meet 

regulato1y requirements regarding livestock humane slaughter at your establishment. 

Background Authority 

The Federal Meat Inspection Act (FMIA), 21 USC Section 603(b), provides for the 

purpose ofpreventing the inhumane slaughtering of livestock. The FMIA gives FSIS 

the authority, as designated by the Secretaiy ofthe Depaitment ofAgriculture, to 

prescribe rnles and regulations describing examinations and inspections of the method 

by which cattle, sheep, swine, goats, horses, mules, and other equines are slaughtered 

in the establishments inspected under the FMIA. The FMIA also provides FSIS 

Program personnel the authority to suspend operations at a slaughtering establishment 

ifFSIS finds that any cattle, sheep, swine, goats, horses, mules or other equines have 

been slaughtered or handled in connection with slaughter at such establishments by any 

method not in accordance with the Humane Methods ofSlaughter Act (HMSA) of 

August 27, 1958 (72 Statute 862; Title 7 USC, Sections 1901-1906), until the 

establishment furnishes FSIS with satisfacto1y assurances that all slaughtering and 

handling in connection with the slaughter oflivestock shall be in accordance with such 

methods. 

Under the authorities ofthese Acts, FSIS has prescribed rnles and regulations required 

for the humane slaughtering of livestock, contained in Title 9 CFR Paii 313. FSIS has 

also developed Rules of Practice regai·ding enforcement prescribed in 9 CFR Paii 500. 

An Equal Opportunity ProVider and Employer 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alaska Meat Packers, Inc., M20891 Notice of Intended Enforcement 

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. 

Finding/Basis for Action 

On September 25, 2023, the FSIS inspection team documented in a Noncompliance Record (NR) 

the following event at Est. M20891: 

At approximately 8:45 a.m. Monday, September 25, 2023, Est 20891 attempted to stun a heifer in the stun 

box with a hand-held captive bolt (HHCB) device. The first stun attempt was not effective, and the heifer 

went to her knees in the box. The heifer was still trying to upright herself while the establishment attempted 

another stun with a backup HHCB device. Four (4) attempts with the backup HHCB device were 

unsuccessful at rendering the heifer insensible. During this time, the heifer was not vocalizing but was 

observed blinking and attempting to right herself. The stun operator then opened the door to the stun box 

chute, went around to the heifers head, and placed a successful stun on the 6th try with a HHCB device. The 

CSI applied US Reject Tag B35449054 to the stun box after the 4th attempt at stunning. 

Upon inspection of the skull, the SPHV observed that there was one stun hole way high and to the right and 

multiple holes were low and to the left with a single hole placed accurately. 

The Denver District Management Team was contracted through supervisory channels. The establishment has 

been operating under a robust systematic approach to humane handling and does not have a recent history of 

noncompliance or enforcement regarding amenable species. Therefore, a Notice of Intended Enforcement was 

issued. 

Summary 

The decision to issue a NOIE in lieu of a Notice of Suspension (NOS) is based on your 

establishment implementing a robust systematic approach to humane handling. However, the 

incident described above leaves us without assurances that animals slaughtered at your 

establishment will be handled and slaughtered humanely, and in accordance with 9 CFR 313 

regulations. 

You are required to proffer the Denver District Office a written response of your analysis of the 

event, corrective actions and preventative measures within three (3) working days from the receipt 

of this letter, no later than the close of business, September 28, 2023. Your response should 

include: 

• A written description of the incident. 

• The root cause of the incident. 

• Your immediate corrective actions. 

• Your specific corrective actions to prevent reoccurrence of the noncompliance. 

• Any training or retraining of employees you plan to provide, including materials you’re 

planning to use. 

• Any monitoring procedures, including any documentation records. 

Based on your response, FSIS will determine further action, if any, is necessary. In addition, failure 

to respond to this NOIE and failure to assure that you handle and slaughter animals at your 

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SPHV 

Alaska Meat Pack.ers, Inc., M2089 J Notice ofIntended Enforcement 

establishment humanely, in accordance with the statuto1y and regulato1y requirements, may result 

in fmiher administrative enforcement actions. 

fu accordance with Title 9 CFR 500.5(b)(4), you may appeal this action by contacting: 

William Griffin 

Executive Associate for Regulato1y Operations 

Office ofField Operations 

Food Safety and fuspection Se1vice 

United States Depa1iment ofAgriculture 

SB, Room 3164 

1400 fudependence Avenue, SW 

Washington, DC 20250 

Email: William.Griffinl@usda.gov 

Phone: (202) 961-7156 

Ifyou have any questions regarding this matter, you may contact the Denver District Office at 

(303)236-9800. 

Sincerely, 

JENIFER Digitallysig!ledbyJENFER 

MOlfilVERDE MONTEVERDE Date: 2023.09.26 08:50:16 -0600 

Dr. Robe1i Reeder 

District Manager 

USDA FSIS OFO 

Denver District Office 

Robe1i.Reeder@usda.gov 

cc: FO/QER 

W. Griffin, EARO 

R. Reeder, DM 

D. James, DDM 

J. Monteverde, DDM 

J. VanHook DDM 

FLS 

SI 

s 

EIAO 

S. Sinith, RD/OIEA 

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