iliiiii United States Department of Agriculture 

Food Safety and 

Inspection Service 

Office of Field Operations 

Jackson District Office 

713 S Pear Orchard Rd. 

Plaza 2, Suite 402 

Ridgeland, MS 39157 

October 11, 2023 

Mason Hills, LLC ELECTRONIC MAIL on October 11, 2023 

Est. M47993 FEDEX TRACKING # 773707037392 

11652-A Wheatcroft Road N 

Grand Bay, Alabama 36541 

masonhillsfarm@gmail.com 

251-865-7748 

Attention: Mr. Joseph Mason, Owner 

NOTICE OF SUSPENSION 

This letter serves as official notification by the Food Safety and Inspection 

Service (FSIS) of our decision to withhold the federal marks of inspection and 

suspend the assignment of Inspection Program Personnel (IPP) at Mason Hills, 

LLC, Est. M47993, located at 11652-A Wheatcroft Road N, Grand Bay, AL. This 

letter follows verbal notification of the suspension action, provided by Dr. Kermit 

Harvey, DDM, to Mr. Joseph Mason, Owner, at approximately 1:15 PM on 

October 11, 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 regulatory requirements (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 assuring 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 prescribe rules and regulations describing sanitation requirements 

for inspected establishments and provide FSIS program personnel the authority 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. 

Furthermore, 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. 

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Joseph Mason, Owner Notice of Suspension 

Mason Hills, LLC, Est. M47993 October 11, 2023 

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. Your establishment does not operate under a robust 

systematic humane handling approach program. 

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 

At approximately 10:50 AM, a black bull was put in your establishment’s knocking box for 

slaughter. There was an initial shot with the stun gun (captive bolt), based on conscious tracking 

eye movement the first shot was ineffective. The second shot was taken immediately but due to 

conscious tracking eye movement and conscious vocalizing, the second shot was ineffective. The 

animal was stuck with a knife to try and bleed it out before the third shot, while still 

conscious. There was some gun failure between the second and third shot, before a third shot was 

taken. Due to conscious vocalizing and righting efforts, the third shot was deemed 

ineffective. The Supervisory Public Health Veterinarian (SPHV) entered and examined the 

animal. The animal was then stunned again with a fourth attempt using the same captive bolt 

stunner as the third attempt which rendered the animal unconscious and it remained so thereafter. 

The knocking box was tagged with USDA tag no, B38909959. Ann Kittrell, Plant Manager, was 

notified that slaughter would be suspended due to this incident in humane handling. 

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. 

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Joseph Mason, Owner Notice of Suspension 

Mason Hills, LLC, Est. M47993 October 11, 2023 

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 handling 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 313.15(a)(1) and 9 CFR 313.15(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 

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 

Mobile: 

melissa.moore1@usda.gov 

Washington, D. C. 20250 

(b) (6)

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Joseph Mason, Owner Notice ofSuspension 

Mason Hills, LLC, Est. M47993 October 11, 2023 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this detennination. 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 ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaitment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBConespondence@usda.gov 

Ifyou have any questions, please contact Dr. Lai1y Davis via telephone at (601) 863-4206 or via 

electrnnic mail at lany.davis4@usda.gov. Additionally, you can contact the Jackson District 

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

Sincerely, 

Digitally signed by KERMIT KERMIT HARVEY 

Date: 2023.1 0.1 I 13:53:39 HARVEY -05'00' 

for: 

Dr. Lany Davis 

Disti·ict Manager 

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Joseph Mason, Owner Notice ofSuspension 

Mason Hills, LLC, Est. M47993 October 11, 2023 

Cc: 

, Humane Handling Enforcement Coordinator 

Mr. Lany Ho1iert, OIEA Regional Director 

Dr. Lany Davis, DM 

Dr. Kennit Harvey, DDM 

Ms. Che1yl Herny , DDM 

Dr. Erin Moses DDM 

SEIAO 

, DCS 

, DVMS 

s 

SPHV at Est. M47993 

at Est. M47993 

lis 

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