USDA 

iiilllll 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office ofField 

Operations 

Jackson District Office 

713 S Pear Orchard Rd. 

Plaza 2, Suite 402 

Ridgeland, MS 39157 

March 7, 2024 

Bluegrass Lamb Company, LLC ELECTRONIC MAIL on March 7, 2024 

Est. M47248 FEDEX TRACKING #775453057343 

64 First Union Church Road 

Glendale, Kentucky 42740 

valerie@bluegrasslambcompany.com 

502-565-8817 

Attention: Ms. Valerie Samutin, Executive Director/Owner 

NOTICE OF INTENDED ENFORCEMENT 

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

(FSIS) ofour decision to withhold the federal marks of inspection and suspend the 

assignment of Inspection Program Personnel (IPP), with p1ior oral notification, at 

Bluegrass Lamb Company, LLC, Est. M47248, located at 64 First Union Church Road, 

Glendale, KY. This letter follows verbal notification of the Notice ofIntended 

Enforcement (NOIE) action, provided by Dr. Erin Moses, Deputy District Manager, to 

Ms. Valede Samutin, Executive Director/Owner at approximately 10:00 AM CT on 

March 7, 2024. 

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

Code ofFederal Regulations (CFR), Rules ofPractice 500.4, based on the 

dete1mination that your establishment did not handle or slaughter (euthanize) 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 of 9 CFR Part 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 assming meat products distributed to 

them are wholesome, not adulterated, and properly marked, and labeled. The Act gives 

FSIS the authority, as designated by the Secretary of Agriculture, to presc1ibe mles and 

regulations desc1ibing sanitation requirements for inspected establishments and provide 

FSIS program personnel the autho1ity to refuse to allow meat/meat food products to be 

marked, labeled, stamped, or tagged as inspected and passed, to prevent the entry of 

adulterated products into commerce. Fmthe1more, the FMIA provides FSIS the 

autho1ity to appoint inspectors to exalnine and inspect the method by which livestock 

are slaughtered (euthanized) and handled at slaughte1ing establishments. 

The HMSA provides that Congress finds that the use of humane methods in the 

slaughter (euthanization) oflivestock prevents needless suffering; results in safer and 

better working conditions for persons engaged in the slaughtedng (euthanasia) 

industry; brings about improvement of products and econolnies in slaughte1ing 

(euthanasia) operations; and produces other benefits for producers, processors, and 

consumers which tend to expedite an orderly flow oflivestock and livestock products 

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Valerie Samutin, Executive Director/Owner Notice of Intended Enforcement 

Bluegrass Lamb Company, LLC, Est. M47248 March 7, 2024 

in interstate and foreign commerce. It is therefore declared to be the policy of the United States that the 

slaughtering (euthanizing) of livestock and the handling of livestock in connection with slaughter 

(euthanasia) shall be carried out only by humane methods. 

Under the authority of the Acts, FSIS has prescribed rules and regulations required for establishments 

slaughtering (euthanizing) 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 § 500.4 states that FSIS may take a withholding 

action or impose a suspension after an establishment is provided prior notification and the opportunity to 

demonstrate or achieve compliance. 

Findings/Basis for Action 

At approximately 0730 hrs. EST, establishment personnel for Bluegrass Lamb Co., Est. M47248, notified 

Inspection Program Personnel (IPP) of the intent to euthanize a suspect lamb (M-2826214) being held for 

treatment by your establishment. At approximately 0740 hrs. EST, the Supervisory Veterinary Medical 

Officer (SVMO) went to the holding pens of your establishment to find the suspect lamb lying in lateral 

recumbency, rhythmically breathing, with your establishment personnel standing over the animal. Upon 

closer inspection, blood was observed running from the nares of the lamb, with normal eye movement. 

The SPHV inquired of your establishment personnel if the lamb had been shot using the hand-held 

captive bolt device (HHCBD), to which your establishment personnel stated the lamb had been shot twice 

in the poll region of the head with the HHCBD and confirmed as observed by the Consumer Safety 

Inspector (CSI) assigned to your establishment. When the SPHV approached the lamb more closely and 

made a loud clapping sound, the lamb was observed to flinch in response and have normal eye tracking. 

The SPHV informed your establishment personnel that the lamb was still sensible and the need to render 

the animal insensible. Your establishment personnel retrieved the same HHCBD and fired a third shot to 

(b) (6)

the forehead of the animal thereby rendering it insensible, and so it remained. Operations Manager

 and Kill Floor Supervisor

(b) (6)

 were notified of the noncompliance with 9 

CFR § 313.15(a)(1) and 9 CFR § 313.15(a)(3). U.S. Rejected tag #B45710220 was placed upon your 

establishment’s kill floor entrance and the chain of command was contacted for further guidance. 

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 

(euthanasia). 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 (euthanasia) incident is observed. You do not currently 

maintain a written robust humane handling program for consideration. 

Summary and Conclusion 

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Valerie Samutin, Executive Director/Owner Notice of Intended Enforcement 

Bluegrass Lamb Company, LLC, Est. M47248 March 7, 2024 

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 (euthanasia) 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) and 9 CFR § 313.15(a)(3), constituting a violation of the 

humane slaughter (euthanasia) requirements, and supporting the conclusion that your handling of 

livestock violated the provisions of the FMIA and HMSA. 

Please provide this office with a written response concerning this NOIE within three (3) working days 

from the receipt of this letter. The corrective actions and preventive measures in your response should 

address 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 preventive measures. 

A determination of further administrative action will be made upon receipt and review of your submitted 

corrective actions and preventive 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 

United States Department of Agriculture 

1400 Independence Avenue 

Room 3160, South Building 

Washington, D. C. 20250 

Mobile: (202) 450-0330 

melissa.moore1@usda.gov 

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) 

Food Safety and Inspection Service 

United States Department of Agriculture 

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Valerie Samutin, Executive Director/Owner Notice ofIntended Enforcement 

Bluegrass Lamb Company, LLC, Est. M47248 March 7, 2024 

Stop Code 3753, SB-Room 2148 

1400 Independence A venue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBCon espondence@usda.gov 

Ifyou have any questions, please contact Dr. Lany Davis via telephone at (601) 863-4206 or via 

electronic mail at lany.davis4@usda.gov. Additionally, you can contact the Jackson Distiict Office at 

(601) 965-4312 or by fax at (601) 965-5901. 

Sincerely, Digitallysigned ERIN by ERIN MOSES 

Date: 

., . MOSES 2024.03.01 ,o, 09:26:39-06'00' 

Dr. Lany Davis 

DistI"ict Manager 

Jackson Distiict Office 

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Valerie Samutin, Executive Director/Owner Notice ofIntended Enforcement 

Bluegrass Lamb Company, LLC, Est. M47248 March 7, 2024 

Cc: 

, Humane Handling Enforcement Coordinator 

Mr. Lany Ho1te1t, OIEA Regional Director 

Dr. Lany Davis, DM 

Dr. Ke1mit Ha1vey, DDM 

Ms. Che1yl Herny, DDM 

Dr. Erin Moses, DDM 

,SEIAO 

, DCS 

, SPHV at Est. M47248 

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